H.B. No. 3249
 
 
 
 
AN ACT
  relating to the powers and duties of, and the entities reviewed by,
  the Sunset Advisory Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  CHANGES TO TEXAS SUNSET ACT
         SECTION 1.01.  Sections 325.003(a), (b), (d), (e), and (j),
  Government Code, are amended to read as follows:
         (a)  The Sunset Advisory Commission consists of five members
  of the senate and one public member appointed by the lieutenant
  governor and five members of the house of representatives and one
  public member appointed by the speaker of the house. The lieutenant
  governor and the speaker of the house [Each appointing authority]
  may serve [designate himself] as one of the legislative appointees.
         (b)  An individual is not eligible for appointment as a
  public member if the individual or the individual's spouse is:
               (1)  regulated by a state agency that the commission
  will review during the term for which the individual would serve;
  [or]
               (2)  employed by, participates in the management of, or
  directly or indirectly has more than a 10 percent interest in a
  business entity or other organization regulated by a state agency
  the commission will review during the term for which the individual
  would serve; or
               (3)  required to register as a lobbyist under Chapter
  305 because of the person's activities for compensation on behalf
  of a profession or entity related to the operation of an agency
  under review.
         (d)  Legislative members serve four-year terms, with terms
  staggered so that the terms of as near to one-half of the
  legislative members appointed by the lieutenant governor as
  possible and the terms of as near to one-half of the legislative
  members appointed by the speaker as possible expire September 1 of
  each odd-numbered year. If the lieutenant governor or the speaker
  serves on the commission, service [he] continues [to serve] until
  resignation from the commission or until the individual [he] ceases
  to hold the office. Public members serve two-year terms expiring
  September 1 of each odd-numbered year.
         (e)  Members other than the lieutenant governor and the
  speaker are subject to the following restrictions:
               (1)  after an individual serves six years on the
  commission, the individual is not eligible for appointment to
  another term or part of a term;
               (2)  a legislative member who serves [more than half
  of] a full term may not be appointed to an immediately succeeding
  term; and
               (3)  a public member may not serve more than two
  consecutive terms, and, for purposes of this prohibition, a member
  is considered to have served a term only if the member has served
  more than half of the term.
         (j)  Seven members of the commission constitute a quorum. A
  final action or recommendation may not be made unless approved by a
  record vote of a majority of members appointed by the lieutenant
  governor and the speaker of the house [the commission's full
  membership].  All other actions by the commission shall be decided
  by a majority of the members present and voting.
         SECTION 1.02.  Section 325.007, Government Code, is amended
  to read as follows:
         Sec. 325.007.  AGENCY REPORT TO COMMISSION.  Before
  September 1 [October 30] of the odd-numbered year before the year in
  which a state agency subject to this chapter is abolished, the
  agency shall report to the commission:
               (1)  information regarding the application to the
  agency of the criteria in Section 325.011; and
               (2)  any other information that the agency considers
  appropriate or that is requested by the commission.
         SECTION 1.03.  Section 325.008(a), Government Code, is
  amended to read as follows:
         (a)  Before January [September] 1 of [the even-numbered year
  before] the year in which a state agency subject to this chapter and
  its advisory committees are abolished, the commission shall:
               (1)  review and take action necessary to verify the
  reports submitted by the agency under Section 325.007;
               (2)  consult the Legislative Budget Board, the
  Governor's Budget, Policy, and Planning Division [Office], the
  State Auditor, and the comptroller of public accounts, or their
  successors, on the application to the agency of the criteria
  provided in Section 325.011;
               (3)  conduct a review [performance evaluation] of the
  agency based on the criteria provided in Section 325.011 and
  prepare a written report; and
               (4)  review the implementation of commission
  recommendations contained in the reports presented to the
  legislature during the preceding legislative session and the
  resulting legislation.
         SECTION 1.04.  Section 325.009, Government Code, is amended
  to read as follows:
         Sec. 325.009.  PUBLIC HEARINGS.  (a) Before February 
  [Between September 1 and December] 1 of [the calendar year before]
  the year a state agency subject to this chapter and its advisory
  committees are abolished, the commission shall conduct public
  hearings concerning but not limited to the application to the
  agency of the criteria provided in Section 325.011.
         (b)  The commission may hold the public hearings after 
  [before September 1 if] the review [evaluation] of the agency
  required by Section 325.008(a)(3) is complete and available to the
  public.
         SECTION 1.05.  Section 325.010, Government Code, is amended
  to read as follows:
         Sec. 325.010.  COMMISSION REPORT.  (a)  At each regular
  legislative session, the commission shall present to the
  legislature and the governor a report on the agencies and advisory
  committees reviewed [scheduled to be abolished].
         (b)  In the report the commission shall include:
               (1)  its [specific] findings regarding [each of] the
  criteria prescribed by Section 325.011;
               (2)  its recommendations based on the matters
  prescribed by Section 325.012; and
               (3)  other information the commission considers
  necessary for a complete review [evaluation] of the agency.
         SECTION 1.06.  Section 325.011, Government Code, is amended
  to read as follows:
         Sec. 325.011.  CRITERIA FOR REVIEW.  The commission and its
  staff shall consider the following criteria in determining whether
  a public need exists for the continuation of a state agency or its
  advisory committees or for the performance of the functions of the
  agency or its advisory committees:
               (1)  the efficiency and effectiveness with which the
  agency or the advisory committee operates;
               (2)(A)  an identification of the mission, goals, and 
  objectives intended for the agency or advisory committee and of the
  problem or need that the agency or advisory committee was intended
  to address; and
                     (B)  [,] the extent to which the mission, goals,
  and objectives have been achieved and the problem or need has been
  addressed;
               (3)(A)  an identification of[, and] any activities of
  the agency in addition to those granted by statute and of the
  authority for those [these] activities; and
                     (B)  the extent to which those activities are
  needed;
               (4) [(3)]  an assessment of authority of the agency
  relating to fees, inspections, enforcement, and penalties;
               (5)  whether less restrictive or alternative methods of
  performing any function [regulation] that the agency performs
  [that] could adequately protect or provide service to the public;
               (6) [(4)     the extent to which the advisory committee is
  needed and is used;
               [(5)]  the extent to which the jurisdiction of the
  agency and the programs administered by the agency overlap or
  duplicate those of other agencies, the extent to which the agency
  coordinates with those agencies, and the extent to which the
  programs administered by the agency can be consolidated with the
  programs of other state agencies;
               (7) [(6)     whether the agency has recommended to the
  legislature statutory changes calculated to be of benefit to the
  public rather than to an occupation, business, or institution that
  the agency regulates;
               [(7)]  the promptness and effectiveness with which the
  agency addresses [disposes of] complaints concerning entities or
  other persons affected by the agency, including an assessment of
  the agency's administrative hearings process;
               (8)  an assessment of the agency's rulemaking process
  and the extent to which the agency has encouraged participation by
  the public in making its rules and decisions [as opposed to
  participation solely by those it regulates] and the extent to which
  the public participation has resulted in rules that benefit the
  public [compatible with the objectives of the agency];
               (9)  the extent to which the agency has complied with
  [applicable requirements of]:
                     (A)  federal and state laws and applicable rules 
  [an agency of the United States or of this state] regarding equality
  of employment opportunity and the rights and privacy of
  individuals; and
                     (B)  state law and applicable rules of any state
  agency regarding purchasing guidelines [goals] and programs for
  historically underutilized businesses;
               (10)  [the extent to which changes are necessary in the
  enabling statutes of the agency so that the agency can adequately
  comply with the criteria listed in this section;
               [(11)]  the extent to which the agency issues and
  enforces rules relating to potential conflicts of interest of its
  employees;
               (11) [(12)]  the extent to which the agency complies
  with Chapters 551 and 552 and follows records management practices
  that enable the agency to respond efficiently to requests for
  public information; and
               (12) [(13)]  the effect of federal intervention or loss
  of federal funds if the agency is abolished.
         SECTION 1.07.  Section 325.012, Government Code, is amended
  to read as follows:
         Sec. 325.012.  RECOMMENDATIONS.  (a) In its report on a state
  agency, the commission shall:
               (1)  make recommendations on the abolition,
  continuation, or reorganization of each affected state agency and
  its advisory committees and on the need for the performance of the
  functions of the agency and its advisory committees;
               (2)  make recommendations on the consolidation,
  transfer, or reorganization of programs within state agencies not
  under review when the programs duplicate functions performed in
  agencies under review; and
               (3)  make recommendations to improve the operations of
  the agency, its policy body, and its advisory committees, including
  management recommendations that do not require a change in the
  agency's enabling statute.
         (b)  The commission shall include the estimated fiscal
  impact of its recommendations and may recommend appropriation
  levels for certain programs to improve the operations of the state
  agency, to be forwarded to the Legislative Budget Board.
         (c)  The commission shall have [recommend appropriation
  levels for each state agency and advisory committee for which
  abolition or reorganization is recommended under Subdivision (1) or
  (2); and
               [(4)  include] drafts of legislation prepared 
  [necessary] to carry out the commission's recommendations under
  this section [Subdivisions (1) and (2)].
         (d)  After the legislature acts on the report [(b)     On the
  date the commission presents its report to the legislature] under
  Section 325.010, the commission shall present to the state auditor
  the commission's recommendations that do not require a statutory
  change to be put into effect. Based on a risk assessment and
  subject to the legislative audit committee's approval of including
  the examination in the audit plan under Section 321.013, the state
  auditor may examine the recommendations and include as part of the
  next approved audit of the agency a report on whether the agency has
  implemented the recommendations and, if so, in what manner.
         SECTION 1.08.  Section 325.0125, Government Code, is amended
  to read as follows:
         Sec. 325.0125.  REVIEW OF CERTAIN AGENCIES.  (a)  In the
  two-year period preceding the date scheduled for the abolition of a
  state agency under this chapter, the commission may exempt certain
  agencies from the requirements of this chapter relating to staff
  reports, hearings, and reviews [evaluations].
         (b)  The commission may only exempt agencies that have been
  inactive for a period of two years preceding the date the agency is
  scheduled for abolition or that have been rendered inactive by an
  action of the legislature.
         (c)  The commission's action in exempting agencies under
  this section must be done by an affirmative record vote and must be
  decided by a majority of all members present and voting [of the
  commission].
         SECTION 1.09.  Section 325.016, Government Code, is
  repealed.
         SECTION 1.10.  Section 325.017(e), Government Code, is
  amended to read as follows:
         (e)  Unless the governor designates an appropriate state
  agency as prescribed by Subsection (f), property and records in the
  custody of an abolished state agency or advisory committee on
  September 1 of the even-numbered year after abolishment shall be
  transferred to the Texas Building and Procurement [State Purchasing
  and General Services] Commission. If the governor designates an
  appropriate state agency, the property and records shall be
  transferred to the designated state agency.
         SECTION 1.11.  Section 325.020, Government Code, is amended
  to read as follows:
         Sec. 325.020.  RELOCATION OF EMPLOYEES.  If an employee is
  displaced because a state agency or its advisory committee is
  abolished, reorganized, or continued, the state agency and the
  Texas Workforce [Employment] Commission shall make a reasonable
  effort to relocate the displaced employee.
         SECTION 1.12.  Section 325.022, Government Code, is amended
  to read as follows:
         Sec. 325.022.  REVIEW OF PROPOSED LEGISLATION CREATING AN 
  [REGULATORY] AGENCY.  (a)  Each bill filed in a house of the
  legislature that would create a new state agency [having regulatory
  authority] or a new advisory committee to a state agency [having
  regulatory authority] shall be reviewed by [forwarded to] the
  commission.
         (b)  The commission shall review the bill to determine if:
               (1)  the proposed [regulatory and other] functions of
  the agency or committee could be administered by one or more
  existing state agencies or advisory committees;
               (2)  the form of regulation, if any, proposed by the
  bill is the least restrictive form of regulation that will
  adequately protect the public;
               (3)  the bill provides for adequate public input
  regarding any regulatory function proposed by the bill; and
               (4)  the bill provides for adequate protection against
  conflicts of interest within the agency or committee.
         (c)  On request [After reviewing the bill], the commission
  shall forward a written comment on the legislation to the author of
  the bill and to the presiding officer of the committee to which the
  bill is referred.
  ARTICLE 2.  ENTITIES GIVEN 2009 SUNSET DATE
         SECTION 2.01.  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, 2009 [2011].
         SECTION 2.02.  TEXAS-ISRAEL EXCHANGE FUND BOARD.  Section
  45.006(i), Agriculture Code, is amended to read as follows:
         (i)  The Texas-Israel Exchange Fund Board [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, 2009 [2011].
         SECTION 2.03.  BOARD OF DIRECTORS OF THE 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, 2009 [2011].
         SECTION 2.04.  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, 2009 
  [2011].
         SECTION 2.05.  PARKS AND WILDLIFE DEPARTMENT.  Section
  11.0111, Parks and Wildlife Code, is amended to read as follows:
         Sec. 11.0111.  SUNSET PROVISION.  The Parks and Wildlife
  Department 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 [2013].
         SECTION 2.06.  TEXAS HISTORICAL COMMISSION.  (a)  Section
  442.002(k), Government Code, is amended to read as follows:
         (k)  The Texas Historical 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].  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 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 442.002(k), Government Code, to
  extend the sunset date of the Texas Historical Commission.  If the
  80th Legislature, Regular Session, 2007, enacts legislation of that
  kind, this section has no effect.
         SECTION 2.07.  OFFICE OF RURAL COMMUNITY AFFAIRS.  (a)  
  Section 487.002, Government Code, is amended to read as follows:
         Sec. 487.002.  SUNSET PROVISION.  The Office of Rural
  Community Affairs 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 487.002, Government Code, to
  extend the sunset date of the Office of Rural Community Affairs.  If
  the 80th Legislature, Regular Session, 2007, enacts legislation of
  that kind, this section has no effect.
         SECTION 2.08.  OFFICE OF STATE-FEDERAL RELATIONS.  (a)  
  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