H.B. No. 1116




AN ACT
relating to the governmental entities subject to the sunset review process. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ENTITIES GIVEN 2007 SUNSET DATE
SECTION 1.01. TEXAS BOARD OF CRIMINAL JUSTICE; TEXAS DEPARTMENT OF CRIMINAL JUSTICE. Section 492.012, Government Code, is amended to read as follows: Sec. 492.012. SUNSET PROVISION. The Texas Board of Criminal Justice and the Texas Department of Criminal Justice are subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board and the department are abolished September 1, 2007 [2011]. SECTION 1.02. CORRECTIONAL MANAGED HEALTH CARE COMMITTEE. Section 501.132, Government Code, is amended to read as follows: Sec. 501.132. APPLICATION OF SUNSET ACT. The Correctional Managed Health Care Committee is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the committee is abolished and this subchapter expires September 1, 2007 [2011]. SECTION 1.03. TEXAS ALCOHOLIC BEVERAGE COMMISSION. (a) Section 5.01(b), Alcoholic Beverage Code, is amended to read as follows: (b) The Texas Alcoholic Beverage Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and Subchapter A, Chapter 5, of this code expires September 1, 2007 [2005]. In the review of the commission by the Sunset Advisory Commission, as required by this section, the sunset commission shall limit its review to the appropriateness of recommendations made by the sunset commission to the 79th Legislature. In the Sunset Advisory Commission's report to the 80th Legislature, the sunset commission may include any recommendations it considers appropriate. (b) This section takes effect only if the 79th Legislature, Regular Session, 2005, does not enact other legislation that becomes law and that amends Section 5.01(b), Alcoholic Beverage Code, to extend the sunset date of the Texas Alcoholic Beverage Commission. If the 79th Legislature, Regular Session, 2005, enacts legislation of that kind, this section has no effect. SECTION 1.04. STATE BOARD FOR EDUCATOR CERTIFICATION. (a) Sections 21.035(a), (b), and (c), Education Code, are amended to read as follows: [(a) The board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this subchapter expires September 1, 2005. [(b)] The [board and the] Texas Education Agency shall provide the board's [enter into a memorandum of understanding to consolidate] administrative functions and services. [(c) The sunset commission shall focus its review of the board on the appropriateness of recommendations made by the sunset commission to the 78th Legislature and compliance with the MOU to consolidate functions.] (b) Section 21.039, Education Code, is repealed. (c) This section takes effect only if the 79th Legislature, Regular Session, 2005, does not enact other legislation that becomes law and that affects Section 21.035, Education Code. If the 79th Legislature, Regular Session, 2005, enacts legislation of that kind, this section has no effect. SECTION 1.05. TEXAS EDUCATION AGENCY. (a) Section 7.004, Education Code, is amended to read as follows: Sec. 7.004. SUNSET PROVISION. The Texas Education Agency is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the agency is abolished September 1, 2007 [2005]. In the review of the agency by the Sunset Advisory Commission, as required by this section, the sunset commission shall limit its review to the appropriateness of recommendations made by the sunset commission to the 79th Legislature. In the Sunset Advisory Commission's report to the 80th Legislature, the sunset commission may include any recommendations it considers appropriate. (b) Section 8.010, Education Code, is repealed. (c) This section takes effect only if the 79th Legislature, Regular Session, 2005, does not enact other legislation that becomes law and that amends Section 7.004, Education Code, to extend the sunset date of the Texas Education Agency. If the 79th Legislature, Regular Session, 2005, enacts legislation of that kind, this section has no effect.
ARTICLE 2. ENTITIES GIVEN 2009 SUNSET DATE
SECTION 2.01. TEXAS MILITARY PREPAREDNESS COMMISSION. Section 436.003, Government Code, as added by Chapter 149, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows: Sec. 436.003. SUNSET PROVISION. The commission is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2009 [2007]. SECTION 2.02. TEXAS CANCER COUNCIL. Section 102.003, Health and Safety Code, is amended to read as follows: Sec. 102.003. SUNSET PROVISION. The Texas Cancer Council is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the council is abolished and this chapter expires September 1, 2009 [2011]. SECTION 2.03. TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES. Section 112.023, Human Resources Code, is amended to read as follows: Sec. 112.023. SUNSET PROVISION. The Texas Council for Developmental Disabilities is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the council is abolished and this chapter expires September 1, 2009 [2011]. SECTION 2.04. GOVERNOR'S COMMITTEE ON PEOPLE WITH DISABILITIES. Section 115.005, Human Resources Code, is amended to read as follows: Sec. 115.005. SUNSET PROVISION. The Governor's Committee on People with Disabilities is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the committee is abolished and this chapter expires September 1, 2009 [2011]. SECTION 2.05. TEXAS DEPARTMENT OF INSURANCE. Section 31.004, Insurance Code, is amended to read as follows: Sec. 31.004. SUNSET PROVISION. The Texas Department of Insurance is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished September 1, 2009 [2007]. SECTION 2.06. OFFICE OF PUBLIC INSURANCE COUNSEL. Section 501.003, Insurance Code, is amended to read as follows: Sec. 501.003. SUNSET PROVISION. The office is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished September 1, 2009 [2007].
ARTICLE 3. ENTITIES GIVEN 2011 SUNSET DATE
SECTION 3.01. DEPARTMENT OF AGRICULTURE. Section 11.003, Agriculture Code, is amended to read as follows: Sec. 11.003. SUNSET PROVISION. The Department of Agriculture is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the department is abolished September 1, 2011 [2007]. SECTION 3.02. TEXAS-ISRAEL EXCHANGE FUND BOARD. Section 45.006(i), Agriculture Code, is amended to read as follows: (i) The board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2011 [2007]. SECTION 3.03. BOARD OF DIRECTORS--OFFICIAL COTTON GROWERS' BOLL WEEVIL ERADICATION FOUNDATION. Section 74.127(a), Agriculture Code, is amended to read as follows: (a) The board of directors of the official cotton growers' boll weevil eradication foundation is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this subchapter expires September 1, 2011 [2007]. SECTION 3.04. STATE PRESERVATION BOARD. Section 443.002, Government Code, is amended to read as follows: Sec. 443.002. SUNSET PROVISION. The State Preservation Board is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2011 [2007]. SECTION 3.05. PRESCRIBED BURNING BOARD. Section 153.044, Natural Resources Code, is amended to read as follows: Sec. 153.044. SUNSET PROVISION. The Prescribed Burning Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2011 [2007]. SECTION 3.06. PUBLIC UTILITY COMMISSION OF TEXAS. (a) Section 12.005, Utilities Code, is amended to read as follows: Sec. 12.005. APPLICATION OF SUNSET ACT. The Public Utility Commission of Texas is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter or by Chapter 39, the commission is abolished and this title expires September 1, 2011 [2005]. (b) This section takes effect only if the 79th Legislature, Regular Session, 2005, does not enact other legislation that becomes law and that amends Section 12.005, Utilities Code, to extend the sunset date of the Public Utility Commission of Texas or a successor in function. If the 79th Legislature, Regular Session, 2005, enacts legislation of that kind, this section has no effect. SECTION 3.07. OFFICE OF PUBLIC UTILITY COUNSEL. (a) Section 13.002, Utilities Code, is amended to read as follows: Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of Public Utility Counsel is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished and this chapter expires September 1, 2011 [2005]. (b) This section takes effect only if the 79th Legislature, Regular Session, 2005, does not enact other legislation that becomes law and that amends Section 13.002, Utilities Code, to extend the sunset date of the Office of Public Utility Counsel or a successor in function. If the 79th Legislature, Regular Session, 2005, enacts legislation of that kind, this section has no effect. SECTION 3.08. TEXAS LOTTERY COMMISSION. Section 467.002, Government Code, is amended to read as follows: Sec. 467.002. APPLICATION OF SUNSET ACT. The commission is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter, Chapter 466 of this code, and Chapter 2001, Occupations Code, expire [Act expires] September 1, 2011 [2005. In the review of the commission by the Sunset Advisory Commission, as required by this section, the sunset commission shall limit its review to the appropriateness of recommendations made by the sunset commission to the 78th Legislature. In the Sunset Advisory Commission's report to the 79th Legislature, the sunset commission may include any recommendations it considers appropriate].
ARTICLE 4. ENTITIES GIVEN 2015 SUNSET DATE
SECTION 4.01. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS. Section 1002.003, Occupations Code, is amended to read as follows: Sec. 1002.003. APPLICATION OF SUNSET ACT. The Texas Board of Professional Geoscientists is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2015 [2013].
ARTICLE 5. ENTITIES REMOVED FROM SPECIFIC SUNSET REVIEW
SECTION 5.01. REPEALER. The following laws are repealed: (1) Section 413.003, Government Code (Criminal Justice Policy Council); (2) Section 2108.007, Government Code (Texas Incentive and Productivity Commission); (3) Section 2205.019, Government Code (State Aircraft Pooling Board); (4) Article 21.49-20(d), Insurance Code (Property and Casualty Insurance Legislative Oversight Committee); and (5) Section 39.907(d), Utilities Code (Electric Utility Restructuring Legislative Oversight Committee).
ARTICLE 6. STUDY OF COURT COSTS AND FEES
SECTION 6.01. STUDY OF COURT COSTS AND FEES. As part of its review of criminal justice agencies for the 80th Legislature, the Sunset Advisory Commission shall study the purpose, collection, and use of certain criminal court costs and fees and parole, probation, and community supervision fees. In the commission's report to the 80th Legislature, the commission shall include any recommendations it considers appropriate resulting from its consideration of the study. The Office of the State Auditor, the Legislative Budget Board, the comptroller of public accounts, and any other state agency shall assist the commission as necessary in conducting the study required by this section.
ARTICLE 7. EFFECTIVE DATE
SECTION 7.01. EFFECTIVE DATE. This Act takes effect September 1, 2005. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 1116 was passed by the House on April 12, 2005, by a non-record vote; that the House refused to concur in Senate amendments to H.B. No. 1116 on May 26, 2005, and requested the appointment of a conference committee to consider the differences between the two houses; and that the House adopted the conference committee report on H.B. No. 1116 on May 29, 2005, by a non-record vote. ______________________________ Chief Clerk of the House I certify that H.B. No. 1116 was passed by the Senate, with amendments, on May 24, 2005, by the following vote: Yeas 30, Nays 0; at the request of the House, the Senate appointed a conference committee to consider the differences between the two houses; and that the Senate adopted the conference committee report on H.B. No. 1116 on May 29, 2005, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: __________________ Date __________________ Governor