S.B. No. 2
 
 
 
 
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 2011 SUNSET DATE
         SECTION 1.01.  STATE SOIL AND WATER CONSERVATION BOARD.
  Section 201.025, Agriculture Code, is amended to read as follows:
         Sec. 201.025.  SUNSET PROVISION. The State Soil and Water
  Conservation 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 [2013].
         SECTION 1.02.  TEXAS FOREST SERVICE. Subchapter B, Chapter
  88, Education Code, is amended by adding Section 88.1016 to read as
  follows:
         Sec. 88.1016.  SUNSET PROVISION. The Texas Forest Service
  is subject to Chapter 325, Government Code (Texas Sunset Act).
  Unless continued in existence as provided by that chapter, the
  Texas Forest Service is abolished September 1, 2011.
         SECTION 1.03.  EQUINE RESEARCH ACCOUNT ADVISORY COMMITTEE.
  Subsection (b), Section 88.524, Education Code, is amended to read
  as follows:
         (b)  The Equine Research Account Advisory Committee is
  subject to Chapter 325, Government Code (Texas Sunset Act). Unless
  continued in existence as provided by that chapter, the advisory
  committee is abolished and this subchapter expires September 1,
  2011 [2009].
         SECTION 1.04.  TEXAS STATE AFFORDABLE HOUSING CORPORATION.
  Section 2306.5521, Government Code, is amended to read as follows:
         Sec. 2306.5521.  SUNSET PROVISION. The Texas State
  Affordable Housing Corporation is subject to Chapter 325 (Texas
  Sunset Act). Unless continued in existence as provided by that
  chapter, the corporation is abolished and this subchapter expires
  September 1, 2011 [2009].
         SECTION 1.05.  ON-SITE WASTEWATER TREATMENT RESEARCH
  COUNCIL. Section 367.003, Health and Safety Code, is amended to
  read as follows:
         Sec. 367.003.  APPLICATION OF SUNSET ACT. (a)  The 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
  [2013].
         (b)  If this chapter expires under Subsection (a),
  uncommitted money in the on-site wastewater treatment research
  account shall be deposited to the credit of the general revenue
  fund.
         SECTION 1.06.  TEXAS DEPARTMENT OF INSURANCE. Subsection
  (a), Section 31.004, Insurance Code, is amended to read as follows:
         (a)  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, 2011 [2009].
         SECTION 1.07.  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, 2011 [2009].
         SECTION 1.08.  COASTAL COORDINATION COUNCIL. Section
  33.211, Natural Resources Code, is amended to read as follows:
         Sec. 33.211.  SUNSET PROVISION. The Coastal Coordination
  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 subchapter expires September 1,
  2011 [2013].
         SECTION 1.09.  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, 2011 [2013].
         SECTION 1.10.  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, 2011 [2013].
         SECTION 1.11.  TEXAS DEPARTMENT OF TRANSPORTATION. Section
  201.204, Transportation Code, is amended to read as follows:
         Sec. 201.204.  SUNSET PROVISION. The Texas Department of
  Transportation 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 [2009].
         SECTION 1.12.  TEXAS COMMISSION ON ENVIRONMENTAL QUALITY.
  Section 5.014, Water Code, is amended to read as follows:
         Sec. 5.014.  SUNSET PROVISION. The Texas Natural Resource
  Conservation 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 this chapter expires
  September 1, 2011 [2013].
         SECTION 1.13.  TEXAS WATER DEVELOPMENT BOARD. Section
  6.013, Water Code, is amended to read as follows:
         Sec. 6.013.  SUNSET PROVISION. The Texas Water Development
  Board is subject to review under Chapter 325, Government Code
  (Texas Sunset Act), but is not abolished under that chapter. The
  board shall be reviewed during the period in which state agencies
  abolished in 2011 [2013] and every 12th year after 2011 [2013] are
  reviewed.
         SECTION 1.14.  RAILROAD COMMISSION OF TEXAS. (a)  Article
  6445a, Revised Statutes, is amended to read as follows:
         Art. 6445a.  SUNSET PROVISION. The Railroad Commission of
  Texas 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, 2011 [2013].
         (b)  Section 81.01001, Natural Resources Code, as added by
  S.B. No. 1540, Acts of the 81st Legislature, Regular Session, 2009,
  and as effective April 1, 2011, is amended to read as follows:
         Sec. 81.01001.  SUNSET PROVISION. The Railroad Commission
  of Texas 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, 2011 [2013].
         SECTION 1.15.  TEXAS RACING COMMISSION. Subsection (a),
  Section 18.01, Texas Racing Act (Article 179e, Vernon's Texas Civil
  Statutes), is amended to read as follows:
         (a)  The Texas Racing Commission is subject to Chapter 325,
  Government Code (Texas Sunset Act). Unless continued in existence
  as provided by that chapter, and except as provided by Subsections
  (b) and (c) of this section, the commission is abolished and this
  Act expires September 1, 2011 [2009].
  ARTICLE 2. ENTITIES GIVEN 2013 SUNSET DATE
         SECTION 2.01.  TEXAS EDUCATION AGENCY. 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, 2013 [2012]. [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.]
         SECTION 2.02.  TEXAS EMANCIPATION JUNETEENTH CULTURAL AND
  HISTORICAL COMMISSION. Section 448.002, Government Code, is
  amended to read as follows:
         Sec. 448.002.  SUNSET PROVISION. The Texas Emancipation
  Juneteenth Cultural and 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, 2013 [2011].
         SECTION 2.03.  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 September 1, 2013 [2011].
         SECTION 2.04.  TEXAS BOARD OF CRIMINAL JUSTICE AND 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, 2013 [2011].
         SECTION 2.05.  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, 2013
  [2011].
         SECTION 2.06.  TAX DIVISION, STATE OFFICE OF ADMINISTRATIVE
  HEARINGS. Subsection (b), Section 2003.102, Government Code, is
  amended to read as follows:
         (b)  The Sunset Advisory Commission shall evaluate the tax
  division and present to the 83rd [82nd] Legislature a report on that
  evaluation and the commission's recommendations in relation to the
  tax division.
         SECTION 2.07.  TRANSFER OF PURCHASING POWERS TO THE
  COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS. Subsection
  (b), Section 2151.0041, Government Code, and Subsection (c),
  Section 2151.0041, Government Code, as amended by H.B. No. 1705,
  Acts of the 81st Legislature, Regular Session, 2009, are amended to
  read as follows:
         (b)  The Sunset Advisory Commission shall evaluate the
  transfer of powers and duties to the comptroller under Section
  2151.004(d) and under House Bill 3560, Acts of the 80th
  Legislature, Regular Session, 2007, and present to the 83rd [82nd]
  Legislature a report on its evaluation and recommendations in
  relation to the transfer. The comptroller shall perform all duties
  in relation to the evaluation that a state agency subject to review
  under Chapter 325 would perform in relation to a review.
         (c)  Unless otherwise provided by the legislature by law, on
  September 1, 2013 [2011]:
               (1)  the powers and duties transferred to the
  comptroller under Section 2151.004(d) and under House Bill 3560,
  Acts of the 80th Legislature, Regular Session, 2007, are
  transferred to the Texas Facilities Commission;
               (2)  a reference in law to the comptroller relating to a
  power or duty transferred under this subsection means the Texas
  Facilities Commission;
               (3)  a rule or form adopted by the comptroller relating
  to a power or duty transferred under this subsection is a rule or
  form of the Texas Facilities Commission and remains in effect until
  altered by the commission;
               (4)  all obligations, contracts, proceedings, cases,
  negotiations, funds, and employees of the comptroller relating to a
  power or duty transferred under this subsection are transferred to
  the Texas Facilities Commission;
               (5)  all property and records in the custody of the
  comptroller relating to a power or duty transferred under this
  subsection and all funds appropriated by the legislature for
  purposes related to a power or duty transferred under this
  subsection are transferred to the Texas Facilities Commission; and
               (6)  Section 122.0011, Human Resources Code, and the
  following provisions of the Government Code expire:
                     (A)  Sections 2151.004(c) and (d);
                     (B)  Section 2155.0011;
                     (C)  Section 2155.086;
                     (D)  Section 2155.087;
                     (E)  Section 2156.0011;
                     (F)  Section 2157.0011;
                     (G)  Section 2158.0011;
                     (H)  Section 2161.0011;
                     (I)  Section 2163.0011;
                     (J)  Section 2170.0011;
                     (K)  Section 2171.0011;
                     (L)  Section 2172.0011;
                     (M)  Section 2176.0011; and
                     (N)  [Section 2177.0011; and
                     [(O)]  Section 2262.0011.
         SECTION 2.08.  TEXAS HEALTH SERVICES AUTHORITY. Section
  182.052, Health and Safety Code, is amended to read as follows:
         Sec. 182.052.  APPLICATION OF SUNSET ACT. The corporation
  is subject to Chapter 325, Government Code. Unless continued in
  existence as provided by that chapter, the corporation is abolished
  and this chapter expires September 1, 2013 [2011]. The governor may
  order the dissolution of the corporation at any time the governor
  declares that the purposes of the corporation have been fulfilled
  or that the corporation is inoperative or abandoned.
         SECTION 2.09.  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 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, 2013 [2011].
         SECTION 2.10.  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, 2013 [2011].
         SECTION 2.11.  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, 2013 [2011].
         SECTION 2.12.  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, 2013 [2011].
         SECTION 2.13.  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 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, 2013 [2011].
         SECTION 2.14.  TEXAS COUNCIL ON PURCHASING FROM PEOPLE WITH
  DISABILITIES. Section 122.006, Human Resources Code, is amended to
  read as follows:
         Sec. 122.006.  SUNSET PROVISION. The Texas Council on
  Purchasing from People with 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, 2013 [2015].
         SECTION 2.15.  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 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, 2013 [2011].
         SECTION 2.16.  OFFICE OF FIREFIGHTERS' PENSION
  COMMISSIONER. Subsection (h), Section 21, Article 6243e, Texas
  Local Fire Fighters Retirement Act (Vernon's Texas Civil Statutes),
  is amended to read as follows:
         (h)  The office of fire fighters' pension commissioner 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, 2013 [2011].
  ARTICLE 3. SUNSET ADVISORY COMMISSION
         SECTION 3.01.  REVIEW OF AGENCIES REVIEWED FOR THE 81ST
  LEGISLATURE. For a state agency that was reviewed by the Sunset
  Advisory Commission in preparation for the work of the 81st
  Legislature in Regular Session and the abolition date of which was
  extended to 2011, the commission, unless expressly provided
  otherwise, shall limit its review of the agency in preparation for
  the work of the 82nd Legislature in Regular Session to the
  appropriateness of recommendations made by the commission to the
  81st Legislature. In the commission's report to the 82nd
  Legislature, the commission may include any recommendations it
  considers appropriate. This section expires September 1, 2011.
         SECTION 3.02.  REVIEW OF THE ELECTRIC RELIABILITY COUNCIL OF
  TEXAS. The Sunset Advisory Commission shall conduct a
  special-purpose review of the Electric Reliability Council of Texas
  as part of the commission's review of the Public Utility Commission
  of Texas for the 82nd Legislature. The sunset commission's report
  to the 82nd Legislature regarding the review must include an
  assessment of the governance, management, and operating structure
  of the council and the council's compliance with the duties and
  requirements placed on it by the legislature and the Public Utility
  Commission of Texas. The sunset commission's report under this
  section may include any recommendations it considers appropriate.
  The council shall pay the cost incurred by the Sunset Advisory
  Commission in performing the special-purpose review of the council
  under this section. The Sunset Advisory Commission shall determine
  the cost of the review and submit a statement detailing the cost of
  the review to the council. The council shall promptly pay the cost
  of the review on receipt of the statement. This section expires
  September 1, 2011.
         SECTION 3.03.  PAYMENT FOR REVIEW OF CERTAIN ENTITIES FOR
  THE 82ND LEGISLATURE. Rider No. 7, Article X, S.B. No. 1, Acts of
  the 81st Legislature, Regular Session, 2009 (the General
  Appropriations Act, appropriations to the House of
  Representatives, page X-3), is amended by adding Subsection c to
  read as follows:
         c.  The money that an entity is required by law to pay to the
  Sunset Advisory Commission to cover the costs the commission incurs
  in performing a review of the entity is appropriated to the
  commission for maintaining the operations of the commission. Money
  appropriated to the commission under this subsection is in addition
  to the aggregate amounts appropriated to the commission under
  Subsection a.
  ARTICLE 4. EFFECTIVE DATE
         SECTION 4.01.  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 on the 91st day after the
  last day of the legislative session.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 2 passed the Senate on
  July 1, 2009, by the following vote:  Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2 passed the House on
  July 2, 2009, by the following vote:  Yeas 146, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor