Section 29.005

Title IV EXECUTIVE BRANCH

Chapter 29

Effective - 28 Aug 2024, 2 histories   

  29.005.  Definitions. — As used in this chapter, the following terms mean:

  (1)  "Accounting system", the total structure of records and procedures which discover, record, classify, and report information on the financial position and operating results of a governmental unit or any of its funds, balanced account groups, and organizational components;

  (2)  "Audit", an independent, objective assessment of the stewardship, performance, or cost of government policies, programs, or operations, depending upon the type and scope of the audit.  All audits shall conform to the standards established by the comptroller general of the United States for audits of government entities, organizations, programs, activities, and functions as presented in the publication Government Auditing Standards;

  (3)  "Federal agency", any department, agency, or instrumentality of the federal government and any federally owned or controlled corporation;

  (4)  "Financial audits", audits providing an independent assessment of whether an entity's reported financial information is presented fairly in accordance with recognized criteria.  Financial audits shall consist of the following:

  (a)  Financial statement audits that shall:

  a.  Provide or disclaim an opinion about whether an entity's financial statements are presented fairly in all material respects in conformity with accounting principles generally accepted in the United States or with another applicable financial reporting framework; or

  b.  Report on internal control deficiencies and on compliance with provisions of laws, regulations, contracts, and grant agreements, as those controls and provisions relate to financial transactions, systems, and processes; or

  (b)  Other financial audits of various scopes which may include, but not be limited to:

  a.  Reporting on specified elements, accounts, or items of a financial statement; and

  b.  Auditing compliance with requirements related to federal award expenditures and other governmental financial assistance in conjunction with a financial statement audit;

  (5)  "Improper governmental activity", includes official misconduct, fraud, misappropriation, mismanagement, waste of resources, or a violation of state or federal law, rule, or regulation;

  (6)  "Internal control", the plans, policies, methods, and procedures used to meet an entity's or organization's mission, goals, and objectives.  Internal control shall include the processes and procedures for planning, organizing, directing, and controlling operations, as well as management's system for measuring, reporting, and monitoring performance;

  (7)  "Performance audits", audits that provide findings or conclusions based on an evaluation of sufficient, appropriate evidence against identified criteria.  Performance audit objectives shall include, but not be limited to, the following:

  (a)  Effectiveness and results.  This objective may measure the extent to which an entity, organization, activity, program, or function is achieving its goals and objectives;

  (b)  Economy and efficiency.  This objective shall assess the costs and resources used to achieve results of an entity, organization, activity, program, or function;

  (c)  Internal control.  This objective shall assess one or more components of an entity's internal control system, which is designed to provide reasonable assurance of achieving effective and efficient operations, reliable financial and performance reporting, or compliance with applicable legal requirements; and

  (d)  Compliance.  This objective shall assess compliance with criteria established by provisions of laws, regulations, contracts, and grant agreements or by other requirements that could affect the acquisition, protection, use, and disposition of an entity's resources and the quantity, quality, timeliness, and cost of services the entity produces and delivers;

  (8)  "State agency", any department, institution, board, commission, committee, division, bureau, officer, or official which shall include any institution of higher education, mental or specialty hospital, community college, or circuit court and divisions of the circuit court.

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(L. 2013 H.B. 116, A.L. 2024 H.B. 2111)