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AN ACT
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relating to the powers and duties of, and the entities reviewed by, |
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the Sunset Advisory Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. CHANGES TO TEXAS SUNSET ACT |
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SECTION 1.01. Sections 325.003(a), (b), (d), (e), and (j), |
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Government Code, are amended to read as follows: |
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(a) The Sunset Advisory Commission consists of five members |
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of the senate and one public member appointed by the lieutenant |
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governor and five members of the house of representatives and one |
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public member appointed by the speaker of the house. The lieutenant |
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governor and the speaker of the house [Each appointing authority] |
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may serve [designate himself] as one of the legislative appointees. |
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(b) An individual is not eligible for appointment as a |
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public member if the individual or the individual's spouse is: |
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(1) regulated by a state agency that the commission |
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will review during the term for which the individual would serve; |
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[or] |
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(2) employed by, participates in the management of, or |
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directly or indirectly has more than a 10 percent interest in a |
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business entity or other organization regulated by a state agency |
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the commission will review during the term for which the individual |
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would serve; or |
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(3) required to register as a lobbyist under Chapter |
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305 because of the person's activities for compensation on behalf |
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of a profession or entity related to the operation of an agency |
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under review. |
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(d) Legislative members serve four-year terms, with terms |
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staggered so that the terms of as near to one-half of the |
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legislative members appointed by the lieutenant governor as |
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possible and the terms of as near to one-half of the legislative |
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members appointed by the speaker as possible expire September 1 of |
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each odd-numbered year. If the lieutenant governor or the speaker |
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serves on the commission, service [he] continues [to serve] until |
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resignation from the commission or until the individual [he] ceases |
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to hold the office. Public members serve two-year terms expiring |
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September 1 of each odd-numbered year. |
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(e) Members other than the lieutenant governor and the |
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speaker are subject to the following restrictions: |
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(1) after an individual serves six years on the |
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commission, the individual is not eligible for appointment to |
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another term or part of a term; |
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(2) a legislative member who serves [more than half
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of] a full term may not be appointed to an immediately succeeding |
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term; and |
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(3) a public member may not serve more than two |
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consecutive terms, and, for purposes of this prohibition, a member |
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is considered to have served a term only if the member has served |
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more than half of the term. |
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(j) Seven members of the commission constitute a quorum. A |
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final action or recommendation may not be made unless approved by a |
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record vote of a majority of members appointed by the lieutenant |
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governor and the speaker of the house [the commission's full
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membership]. All other actions by the commission shall be decided |
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by a majority of the members present and voting. |
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SECTION 1.02. Section 325.007, Government Code, is amended |
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to read as follows: |
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Sec. 325.007. AGENCY REPORT TO COMMISSION. Before |
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September 1 [October 30] of the odd-numbered year before the year in |
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which a state agency subject to this chapter is abolished, the |
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agency shall report to the commission: |
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(1) information regarding the application to the |
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agency of the criteria in Section 325.011; and |
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(2) any other information that the agency considers |
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appropriate or that is requested by the commission. |
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SECTION 1.03. Section 325.008(a), Government Code, is |
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amended to read as follows: |
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(a) Before January [September] 1 of [the even-numbered year
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before] the year in which a state agency subject to this chapter and |
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its advisory committees are abolished, the commission shall: |
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(1) review and take action necessary to verify the |
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reports submitted by the agency under Section 325.007; |
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(2) consult the Legislative Budget Board, the |
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Governor's Budget, Policy, and Planning Division [Office], the |
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State Auditor, and the comptroller of public accounts, or their |
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successors, on the application to the agency of the criteria |
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provided in Section 325.011; |
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(3) conduct a review [performance evaluation] of the |
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agency based on the criteria provided in Section 325.011 and |
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prepare a written report; and |
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(4) review the implementation of commission |
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recommendations contained in the reports presented to the |
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legislature during the preceding legislative session and the |
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resulting legislation. |
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SECTION 1.04. Section 325.009, Government Code, is amended |
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to read as follows: |
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Sec. 325.009. PUBLIC HEARINGS. (a) Before February |
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[Between September 1 and December] 1 of [the calendar year before] |
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the year a state agency subject to this chapter and its advisory |
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committees are abolished, the commission shall conduct public |
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hearings concerning but not limited to the application to the |
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agency of the criteria provided in Section 325.011. |
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(b) The commission may hold the public hearings after |
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[before September 1 if] the review [evaluation] of the agency |
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required by Section 325.008(a)(3) is complete and available to the |
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public. |
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SECTION 1.05. Section 325.010, Government Code, is amended |
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to read as follows: |
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Sec. 325.010. COMMISSION REPORT. (a) At each regular |
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legislative session, the commission shall present to the |
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legislature and the governor a report on the agencies and advisory |
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committees reviewed [scheduled to be abolished]. |
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(b) In the report the commission shall include: |
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(1) its [specific] findings regarding [each of] the |
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criteria prescribed by Section 325.011; |
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(2) its recommendations based on the matters |
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prescribed by Section 325.012; and |
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(3) other information the commission considers |
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necessary for a complete review [evaluation] of the agency. |
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SECTION 1.06. Section 325.011, Government Code, is amended |
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to read as follows: |
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Sec. 325.011. CRITERIA FOR REVIEW. The commission and its |
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staff shall consider the following criteria in determining whether |
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a public need exists for the continuation of a state agency or its |
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advisory committees or for the performance of the functions of the |
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agency or its advisory committees: |
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(1) the efficiency and effectiveness with which the |
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agency or the advisory committee operates; |
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(2)(A) an identification of the mission, goals, and |
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objectives intended for the agency or advisory committee and of the |
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problem or need that the agency or advisory committee was intended |
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to address; and |
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(B) [,] the extent to which the mission, goals, |
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and objectives have been achieved and the problem or need has been |
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addressed; |
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(3)(A) an identification of[, and] any activities of |
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the agency in addition to those granted by statute and of the |
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authority for those [these] activities; and |
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(B) the extent to which those activities are |
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needed; |
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(4) [(3)] an assessment of authority of the agency |
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relating to fees, inspections, enforcement, and penalties; |
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(5) whether less restrictive or alternative methods of |
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performing any function [regulation] that the agency performs |
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[that] could adequately protect or provide service to the public; |
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(6) [(4)
the extent to which the advisory committee is
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needed and is used;
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[(5)] the extent to which the jurisdiction of the |
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agency and the programs administered by the agency overlap or |
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duplicate those of other agencies, the extent to which the agency |
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coordinates with those agencies, and the extent to which the |
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programs administered by the agency can be consolidated with the |
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programs of other state agencies; |
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(7) [(6)
whether the agency has recommended to the
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legislature statutory changes calculated to be of benefit to the
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public rather than to an occupation, business, or institution that
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the agency regulates;
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[(7)] the promptness and effectiveness with which the |
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agency addresses [disposes of] complaints concerning entities or |
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other persons affected by the agency, including an assessment of |
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the agency's administrative hearings process; |
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(8) an assessment of the agency's rulemaking process |
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and the extent to which the agency has encouraged participation by |
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the public in making its rules and decisions [as opposed to
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participation solely by those it regulates] and the extent to which |
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the public participation has resulted in rules that benefit the |
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public [compatible with the objectives of the agency]; |
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(9) the extent to which the agency has complied with |
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[applicable requirements of]: |
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(A) federal and state laws and applicable rules |
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[an agency of the United States or of this state] regarding equality |
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of employment opportunity and the rights and privacy of |
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individuals; and |
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(B) state law and applicable rules of any state |
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agency regarding purchasing guidelines [goals] and programs for |
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historically underutilized businesses; |
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(10) [the extent to which changes are necessary in the
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enabling statutes of the agency so that the agency can adequately
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comply with the criteria listed in this section;
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[(11)] the extent to which the agency issues and |
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enforces rules relating to potential conflicts of interest of its |
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employees; |
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(11) [(12)] the extent to which the agency complies |
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with Chapters 551 and 552 and follows records management practices |
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that enable the agency to respond efficiently to requests for |
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public information; and |
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(12) [(13)] the effect of federal intervention or loss |
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of federal funds if the agency is abolished. |
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SECTION 1.07. Section 325.012, Government Code, is amended |
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to read as follows: |
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Sec. 325.012. RECOMMENDATIONS. (a) In its report on a state |
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agency, the commission shall: |
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(1) make recommendations on the abolition, |
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continuation, or reorganization of each affected state agency and |
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its advisory committees and on the need for the performance of the |
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functions of the agency and its advisory committees; |
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(2) make recommendations on the consolidation, |
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transfer, or reorganization of programs within state agencies not |
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under review when the programs duplicate functions performed in |
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agencies under review; and |
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(3) make recommendations to improve the operations of |
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the agency, its policy body, and its advisory committees, including |
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management recommendations that do not require a change in the |
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agency's enabling statute. |
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(b) The commission shall include the estimated fiscal |
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impact of its recommendations and may recommend appropriation |
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levels for certain programs to improve the operations of the state |
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agency, to be forwarded to the Legislative Budget Board. |
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(c) The commission shall have [recommend appropriation
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levels for each state agency and advisory committee for which
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abolition or reorganization is recommended under Subdivision (1) or
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(2); and
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[(4) include] drafts of legislation prepared |
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[necessary] to carry out the commission's recommendations under |
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this section [Subdivisions (1) and (2)]. |
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(d) After the legislature acts on the report [(b)
On the
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date the commission presents its report to the legislature] under |
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Section 325.010, the commission shall present to the state auditor |
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the commission's recommendations that do not require a statutory |
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change to be put into effect. Based on a risk assessment and |
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subject to the legislative audit committee's approval of including |
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the examination in the audit plan under Section 321.013, the state |
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auditor may examine the recommendations and include as part of the |
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next approved audit of the agency a report on whether the agency has |
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implemented the recommendations and, if so, in what manner. |
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SECTION 1.08. Section 325.0125, Government Code, is amended |
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to read as follows: |
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Sec. 325.0125. REVIEW OF CERTAIN AGENCIES. (a) In the |
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two-year period preceding the date scheduled for the abolition of a |
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state agency under this chapter, the commission may exempt certain |
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agencies from the requirements of this chapter relating to staff |
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reports, hearings, and reviews [evaluations]. |
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(b) The commission may only exempt agencies that have been |
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inactive for a period of two years preceding the date the agency is |
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scheduled for abolition or that have been rendered inactive by an |
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action of the legislature. |
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(c) The commission's action in exempting agencies under |
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this section must be done by an affirmative record vote and must be |
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decided by a majority of all members present and voting [of the
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commission]. |
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SECTION 1.09. Section 325.016, Government Code, is |
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repealed. |
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SECTION 1.10. Section 325.017(e), Government Code, is |
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amended to read as follows: |
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(e) Unless the governor designates an appropriate state |
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agency as prescribed by Subsection (f), property and records in the |
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custody of an abolished state agency or advisory committee on |
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September 1 of the even-numbered year after abolishment shall be |
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transferred to the Texas Building and Procurement [State Purchasing
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and General Services] Commission. If the governor designates an |
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appropriate state agency, the property and records shall be |
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transferred to the designated state agency. |
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SECTION 1.11. Section 325.020, Government Code, is amended |
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to read as follows: |
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Sec. 325.020. RELOCATION OF EMPLOYEES. If an employee is |
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displaced because a state agency or its advisory committee is |
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abolished, reorganized, or continued, the state agency and the |
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Texas Workforce [Employment] Commission shall make a reasonable |
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effort to relocate the displaced employee. |
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SECTION 1.12. Section 325.022, Government Code, is amended |
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to read as follows: |
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Sec. 325.022. REVIEW OF PROPOSED LEGISLATION CREATING AN |
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[REGULATORY] AGENCY. (a) Each bill filed in a house of the |
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legislature that would create a new state agency [having regulatory
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authority] or a new advisory committee to a state agency [having
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regulatory authority] shall be reviewed by [forwarded to] the |
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commission. |
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(b) The commission shall review the bill to determine if: |
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(1) the proposed [regulatory and other] functions of |
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the agency or committee could be administered by one or more |
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existing state agencies or advisory committees; |
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(2) the form of regulation, if any, proposed by the |
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bill is the least restrictive form of regulation that will |
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adequately protect the public; |
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(3) the bill provides for adequate public input |
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regarding any regulatory function proposed by the bill; and |
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(4) the bill provides for adequate protection against |
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conflicts of interest within the agency or committee. |
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(c) On request [After reviewing the bill], the commission |
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shall forward a written comment on the legislation to the author of |
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the bill and to the presiding officer of the committee to which the |
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bill is referred. |
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ARTICLE 2. ENTITIES GIVEN 2009 SUNSET DATE |
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SECTION 2.01. DEPARTMENT OF AGRICULTURE. Section 11.003, |
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Agriculture Code, is amended to read as follows: |
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Sec. 11.003. SUNSET PROVISION. The Department of |
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Agriculture is subject to Chapter 325, Government Code (Texas |
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Sunset Act). Unless continued in existence as provided by that |
|
chapter, the department is abolished September 1, 2009 [2011]. |
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SECTION 2.02. TEXAS-ISRAEL EXCHANGE FUND BOARD. Section |
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45.006(i), Agriculture Code, is amended to read as follows: |
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(i) The Texas-Israel Exchange Fund Board [board] is subject |
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to Chapter 325, Government Code (Texas Sunset Act). Unless |
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continued in existence as provided by that chapter, the board is |
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abolished and this chapter expires September 1, 2009 [2011]. |
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SECTION 2.03. BOARD OF DIRECTORS OF THE OFFICIAL COTTON |
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GROWERS' BOLL WEEVIL ERADICATION FOUNDATION. Section 74.127(a), |
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Agriculture Code, is amended to read as follows: |
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(a) The board of directors of the official cotton growers' |
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boll weevil eradication foundation is subject to Chapter 325, |
|
Government Code (Texas Sunset Act). Unless continued in existence |
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as provided by that chapter, the board is abolished and this |
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subchapter expires September 1, 2009 [2011]. |
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SECTION 2.04. PRESCRIBED BURNING BOARD. Section 153.044, |
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Natural Resources Code, is amended to read as follows: |
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Sec. 153.044. SUNSET PROVISION. The Prescribed Burning |
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Board is subject to Chapter 325, Government Code (Texas Sunset |
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Act). Unless continued in existence as provided by that chapter, |
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the board is abolished and this chapter expires September 1, 2009 |
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[2011]. |
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SECTION 2.05. PARKS AND WILDLIFE DEPARTMENT. Section |
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11.0111, Parks and Wildlife Code, is amended to read as follows: |
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Sec. 11.0111. SUNSET PROVISION. The Parks and Wildlife |
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Department is subject to Chapter 325, Government Code (Texas Sunset |
|
Act). Unless continued in existence as provided by that chapter, |
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the department is abolished September 1, 2009 [2013]. |
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SECTION 2.06. TEXAS HISTORICAL COMMISSION. (a) Section |
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442.002(k), Government Code, is amended to read as follows: |
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(k) The Texas Historical Commission is subject to Chapter |
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325 (Texas Sunset Act). Unless continued in existence as provided |
|
by that chapter, the commission is abolished and this chapter |
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expires September 1, 2009 [2007]. In the review of the commission |
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by the Sunset Advisory Commission, as required by this section, the |
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sunset commission shall limit its review to the appropriateness of |
|
recommendations made to the 80th Legislature. In its report to the |
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81st Legislature, the sunset commission may include any |
|
recommendations it considers appropriate. |
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(b) This section takes effect only if the 80th Legislature, |
|
Regular Session, 2007, does not enact other legislation that |
|
becomes law and that amends Section 442.002(k), Government Code, to |
|
extend the sunset date of the Texas Historical Commission. If the |
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80th Legislature, Regular Session, 2007, enacts legislation of that |
|
kind, this section has no effect. |
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SECTION 2.07. OFFICE OF RURAL COMMUNITY AFFAIRS. (a) |
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Section 487.002, Government Code, is amended to read as follows: |
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Sec. 487.002. SUNSET PROVISION. The Office of Rural |
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Community Affairs is subject to Chapter 325 (Texas Sunset Act). |
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Unless continued in existence as provided by that chapter, the |
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office is abolished and this chapter expires September 1, 2009 |
|
[2007]. In the review of the office by the Sunset Advisory |
|
Commission, as required by this section, the sunset commission |
|
shall limit its review to the appropriateness of recommendations |
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made to the 80th Legislature. In its report to the 81st |
|
Legislature, the sunset commission may include any recommendations |
|
it considers appropriate. |
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(b) This section takes effect only if the 80th Legislature, |
|
Regular Session, 2007, does not enact other legislation that |
|
becomes law and that amends Section 487.002, Government Code, to |
|
extend the sunset date of the Office of Rural Community Affairs. If |
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the 80th Legislature, Regular Session, 2007, enacts legislation of |
|
that kind, this section has no effect. |
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SECTION 2.08. OFFICE OF STATE-FEDERAL RELATIONS. (a) |
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Section 751.003, Government Code, is amended to read as follows: |
|
Sec. 751.003. SUNSET PROVISION. The Office of |
|
State-Federal Relations is subject to Chapter 325 (Texas Sunset |
|
Act). Unless continued in existence as provided by that chapter, |
|
the office is abolished and this chapter expires September 1, 2009 |
|
[2007]. In the review of the office by the Sunset Advisory |
|
Commission, as required by this section, the sunset commission |
|
shall limit its review to the appropriateness of recommendations |
|
made to the 80th Legislature. In its report to the 81st |
|
Legislature, the sunset commission may include any recommendations |
|
it considers appropriate. |
|
(b) This section takes effect only if the 80th Legislature, |
|
Regular Session, 2007, does not enact other legislation that |
|
becomes law and that amends Section 751.003, Government Code, to |
|
extend the sunset date of the Texas Office of State Federal |
|
Relations. If the 80th Legislature, Regular Session, 2007, enacts |
|
legislation of that kind, this section has no effect. |
|
SECTION 2.09. BOARD OF TAX PROFESSIONAL EXAMINERS. Section |
|
1151.003, Occupations Code, is amended to read as follows: |
|
Sec. 1151.003. APPLICATION OF SUNSET ACT. The Board of Tax |
|
Professional Examiners 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, 2009 [2015]. |
|
ARTICLE 3. ENTITIES GIVEN 2011 SUNSET DATE |
|
SECTION 3.01. HEALTH AND HUMAN SERVICES COMMISSION. |
|
Section 531.004, Government Code, is amended to read as follows: |
|
Sec. 531.004. SUNSET PROVISION. The Health and Human |
|
Services 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, 2011 |
|
[2009]. |
|
SECTION 3.02. 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, 2011 |
|
[2009]. |
|
SECTION 3.03 DEPARTMENT OF STATE HEALTH SERVICES. Section |
|
1001.003, Health and Safety Code, is amended to read as follows: |
|
Sec. 1001.003. SUNSET PROVISION. The Department of State |
|
Health Services [department] is subject to Chapter 325, Government |
|
Code (Texas Sunset Act). Unless continued in existence as provided |
|
by that chapter, the department is abolished and this chapter |
|
expires September 1, 2011 [2009]. |
|
SECTION 3.04. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. |
|
Section 40.003, Human Resources Code, is amended to read as |
|
follows: |
|
Sec. 40.003. SUNSET PROVISION. The Department of Family |
|
and Protective Services is subject to Chapter 325, Government Code |
|
(Texas Sunset Act). Unless continued in existence as provided by |
|
that chapter, the department is abolished and this chapter expires |
|
September 1, 2011 [2009]. |
|
SECTION 3.05. 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, 2011 [2009]. |
|
SECTION 3.06. 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, 2011 [2009]. |
|
SECTION 3.07. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE |
|
SERVICES. Section 117.003, Human Resources Code, is amended to |
|
read as follows: |
|
Sec. 117.003. SUNSET PROVISION. The Department of |
|
Assistive and Rehabilitative Services [department] is subject to |
|
Chapter 325, Government Code (Texas Sunset Act). Unless continued |
|
in existence as provided by that chapter, the department is |
|
abolished and this chapter expires September 1, 2011 [2009]. |
|
SECTION 3.08. DEPARTMENT OF AGING AND DISABILITY SERVICES. |
|
Section 161.003, Human Resources Code, is amended to read as |
|
follows: |
|
Sec. 161.003. SUNSET PROVISION. The Department of Aging |
|
and Disability Services [department] is subject to Chapter 325, |
|
Government Code (Texas Sunset Act). Unless continued in existence |
|
as provided by that chapter, the department is abolished and this |
|
chapter expires September 1, 2011 [2009]. |
|
SECTION 3.09. TEXAS DEPARTMENT OF INSURANCE, DIVISION OF |
|
WORKERS' COMPENSATION. Section 31.004(b), Insurance Code, is |
|
amended to read as follows: |
|
(b) Unless continued as provided by Chapter 325, Government |
|
Code, the duties of the division of workers' compensation of the |
|
Texas Department of Insurance under Title 5, Labor Code, expire |
|
September 1, 2011 [2009], or another date designated by the |
|
legislature. |
|
SECTION 3.10. OFFICE OF INJURED EMPLOYEE COUNSEL. Section |
|
404.003, Labor Code, is amended to read as follows: |
|
Sec. 404.003. SUNSET PROVISION. The office of injured |
|
employee 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 [2009]. |
|
SECTION 3.11. DEPARTMENT OF INFORMATION RESOURCES. Section |
|
2054.005, Government Code, is amended to read as follows: |
|
Sec. 2054.005. SUNSET PROVISION. The Department of |
|
Information Resources is subject to Chapter 325 (Texas Sunset Act). |
|
Unless continued in existence as provided by that chapter, the |
|
department is abolished and this chapter expires September 1, 2011 |
|
[2009]. |
|
SECTION 3.12. ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT |
|
OFFICE. Section 2055.003, Government Code, is amended to read as |
|
follows: |
|
Sec. 2055.003. SUNSET PROVISION. The office is subject to |
|
Chapter 325 (Texas Sunset Act). Unless continued in existence as |
|
provided by that chapter, the office is abolished September 1, 2011 |
|
[2009]. |
|
SECTION 3.13. TEXAS PUBLIC FINANCE AUTHORITY. Section |
|
1232.072, Government Code, is amended to read as follows: |
|
Sec. 1232.072. SUNSET PROVISION. The Texas Public Finance |
|
Authority is subject to Chapter 325 (Texas Sunset Act). Unless |
|
continued in existence as provided by that chapter, the authority |
|
is abolished and this chapter expires September 1, 2011 [2009]. |
|
ARTICLE 4. ENTITIES GIVEN 2013 SUNSET DATE |
|
SECTION 4.01. 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, 2013 [2011]. |
|
SECTION 4.02. TEXAS WORKFORCE COMMISSION. Section 301.008, |
|
Labor Code, is amended to read as follows: |
|
Sec. 301.008. APPLICATION OF SUNSET ACT. The Texas |
|
Workforce Commission is subject to Chapter 325, Government Code |
|
(Texas Sunset Act). Unless continued in existence as provided by |
|
that chapter, the commission is abolished September 1, 2013 [2009]. |
|
SECTION 4.03. STATE BOARD OF EXAMINERS FOR SPEECH-LANGUAGE |
|
PATHOLOGY AND AUDIOLOGY. Section 401.002, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 401.002. APPLICATION OF SUNSET ACT. The State Board of |
|
Examiners for Speech-Language Pathology and Audiology 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, 2013 [2009]. |
|
SECTION 4.04. STATE COMMITTEE OF EXAMINERS IN THE FITTING |
|
AND DISPENSING OF HEARING INSTRUMENTS. Section 402.002, |
|
Occupations Code, is amended to read as follows: |
|
Sec. 402.002. APPLICATION OF SUNSET ACT. The State |
|
Committee of Examiners in the Fitting and Dispensing of Hearing |
|
Instruments 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, 2013 [2009]. |
|
SECTION 4.05. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND |
|
OCCUPATIONAL THERAPY EXAMINERS. Section 452.002, Occupations |
|
Code, is amended to read as follows: |
|
Sec. 452.002. APPLICATION OF SUNSET ACT. The Executive |
|
Council of Physical Therapy and Occupational Therapy Examiners is |
|
subject to Chapter 325, Government Code (Texas Sunset Act). Unless |
|
continued in existence as provided by that chapter, the executive |
|
council is abolished and the following laws expire September 1, |
|
2013 [2009]: |
|
(1) this chapter; |
|
(2) Chapter 453; and |
|
(3) Chapter 454. |
|
SECTION 4.06. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS. |
|
Section 453.002, Occupations Code, is amended to read as follows: |
|
Sec. 453.002. APPLICATION OF SUNSET ACT. The Texas Board of |
|
Physical Therapy Examiners 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, 2013 [2009]. |
|
SECTION 4.07. TEXAS BOARD OF OCCUPATIONAL THERAPY |
|
EXAMINERS. Section 454.003, Occupations Code, is amended to read |
|
as follows: |
|
Sec. 454.003. APPLICATION OF SUNSET ACT. The Texas Board of |
|
Occupational Therapy Examiners 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, 2013 [2009]. |
|
SECTION 4.08. TEXAS BOARD OF ORTHOTICS AND PROSTHETICS. |
|
Section 605.003, Occupations Code, is amended to read as follows: |
|
Sec. 605.003. APPLICATION OF SUNSET ACT. The Texas Board of |
|
Orthotics and Prosthetics 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, 2013 [2009]. |
|
SECTION 4.09. SELF-DIRECTED SEMI-INDEPENDENT AGENCY |
|
PROJECT. Section 4(c), Self-Directed Semi-Independent Agency |
|
Project Act (Article 8930, Revised Statutes), is amended to read as |
|
follows: |
|
(c) This Act is subject to Chapter 325, Government Code |
|
(Texas Sunset Act). Unless continued in existence as provided by |
|
that chapter, this Act expires September 1, 2013 [2009]. |
|
ARTICLE 5. ENTITY REMOVED FROM SPECIFIC SUNSET REVIEW |
|
SECTION 5.01. REPEALER. Section 435.003, Government Code |
|
(Texas Military Facilities Commission sunset provision), is |
|
repealed. |
|
ARTICLE 6. SPECIAL PURPOSE REVIEW |
|
SECTION 6.01. TEXAS MEDICAL BOARD. The Sunset Advisory |
|
Commission shall conduct a special purpose review of the Texas |
|
Medical Board as part of the commission's review of agencies for the |
|
81st Legislature. The commission's report to the 81st Legislature |
|
regarding the review of the Texas Medical Board must include: |
|
(1) an evaluation of the board's management efforts to |
|
comply with legislative direction and performance measure targets; |
|
and |
|
(2) any recommendations the commission considers |
|
appropriate based on the review of the board. |
|
ARTICLE 7. EFFECTIVE DATE |
|
SECTION 7.01. EFFECTIVE DATE. This Act takes effect |
|
immediately if it receives a vote of two-thirds of all the members |
|
elected to each house, as provided by Section 39, Article III, Texas |
|
Constitution. If this Act does not receive the vote necessary for |
|
immediate effect, this Act takes effect September 1, 2007. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 3249 was passed by the House on April |
|
26, 2007, by the following vote: Yeas 139, Nays 0, 1 present, not |
|
voting; that the House refused to concur in Senate amendments to |
|
H.B. No. 3249 on May 24, 2007, 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. 3249 on May 28, 2007, by the following vote: Yeas 139, |
|
Nays 0, 1 present, not voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
I certify that H.B. No. 3249 was passed by the Senate, with |
|
amendments, on May 22, 2007, by the following vote: Yeas 31, 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. |
|
3249 on May 27, 2007, by the following vote: Yeas 30, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: __________________ |
|
Date |
|
|
|
__________________ |
|
Governor |