H.B. No. 1781

	AN ACT
	relating to obsolete or redundant reporting requirements
	applicable to state agencies and to certain reports,
	communications
	, publications, and other documents involving the
	attorney general.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subsection (c), Section 61.0815, Education Code,
	is amended to read as follows:
	(c)  The [attorney general and the] president of each
	institution of higher education shall collect all necessary data
	for inclusion in the report required by this section.
	SECTION 2.  Subsection (a), Section 231.005, Family Code, is
	amended to read as follows:
	(a)  The Title IV-D agency shall report to the legislature
	each biennium on:
	(1)  the effectiveness of the agency's child support
	enforcement activity in reducing the state's public assistance
	obligations; and
	(2)  the use and effectiveness of all enforcement tools
	authorized by state or federal law or otherwise available to the
	agency[; and
	[(3)     the progress and impact of the Title IV D agency's
	efforts to use private contractors to perform Title IV D program
	functions].
	SECTION 3.  Section 41.002, Government Code, is amended to
	read as follows:
	Sec. 41.002.  NOTIFICATION OF ADDRESS.  Each district and
	county attorney shall notify the [attorney general and] comptroller
	of his post office address as soon as practicable after his election
	and qualification.
	SECTION 4.  Chapter 2052, Government Code, is amended by
	adding Subchapter E to read as follows:
	SUBCHAPTER E.  OBSOLETE OR REDUNDANT REPORTING REQUIREMENTS
	Sec. 2052.401.  DEFINITIONS. In this subchapter:
	(1)  "Executive director" means the executive head of a
	state agency. The term includes an executive director,
	commissioner, or executive commissioner as appropriate for the
	state agency.
	(2)  "State agency" means:
	(A)  a board, commission, department, office, or
	other agency in the executive branch of state government that was
	created by the constitution or a statute of the state, including an
	institution of higher education as defined by Section 61.003,
	Education Code;
	(B)  the legislature or a legislative agency; and
	(C)  the supreme court, the court of criminal
	appeals, a court of appeals, or a state judicial agency.
	Sec. 2052.402.  EXAMINATION OF REPORTING REQUIREMENTS. (a)
	Not later than August 1, 2012, the executive director of each state
	agency shall:
	(1)  examine the agency's reporting requirements
	established by a state statute enacted before January 1, 2009, and
	not amended since that date, and identify each reporting
	requirement that the executive director determines:
	(A)  is not necessary to accomplish the objectives
	of the statute that contains the reporting requirement;
	(B)  is redundant of other statutory reporting
	requirements; or
	(C)  is required under statute to be provided at a
	frequency for which data is not available; and
	(2)  provide to the governor, lieutenant governor,
	speaker of the house of representatives, chair of the House
	Committee on Government Efficiency and Reform, chair of the Senate
	Committee on Government Organization, chair of each standing
	committee of the senate and house of representatives with
	jurisdiction over the agency, Texas State Library and Archives
	Commission, and Legislative Budget Board an electronic report that
	includes:
	(A)  each statutory reporting requirement for
	which the executive director made a determination described by
	Subdivision (1); and
	(B)  the justification for the executive
	director's determination for each reporting requirement.
	(b)  The executive director may not include in the initial
	report issued under Subsection (a)(2) a reporting requirement that
	is required by federal law.
	Sec. 2052.403.  EXPIRATION.  This subchapter expires
	September 1, 2014.
	SECTION 5.  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 any activities of the
	agency in addition to those granted by statute and of the authority
	for those activities; and
	(B)  the extent to which those activities are
	needed;
	(4)  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 that the agency performs could adequately
	protect or provide service to the public;
	(6)  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)  the promptness and effectiveness with which the
	agency addresses 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 and the extent to which
	the public participation has resulted in rules that benefit the
	public;
	(9)  the extent to which the agency has complied with:
	(A)  federal and state laws and applicable rules
	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 and programs for
	historically underutilized businesses;
	(10)  the extent to which the agency issues and
	enforces rules relating to potential conflicts of interest of its
	employees;
	(11)  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)  the effect of federal intervention or loss of
	federal funds if the agency is abolished; and
	(13)  the extent to which the purpose and effectiveness
	of reporting requirements imposed on the agency justifies the
	continuation of the requirement.
	SECTION 6.  Subsection (a), Section 325.012, Government
	Code, is amended to read as follows:
	(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; and
	(4)  make recommendations on the continuation or
	abolition of each reporting requirement imposed on the agency by
	law.
	SECTION 7.  Subsections (a) and (c), Section 242.005, Health
	and Safety Code, are amended to read as follows:
	(a)  The department [and the attorney general each] shall
	prepare annually a full report of the operation and administration
	of the department's [their respective] responsibilities under this
	chapter, including recommendations and suggestions considered
	advisable.
	(c)  The department [and the attorney general] shall submit
	the required report [reports] to the governor and the legislature
	not later than October 1 of each year.
	SECTION 8.  Subsection (c), Section 247.050, Health and
	Safety Code, is amended to read as follows:
	(c)  The department [and the attorney general] shall file a
	copy of the quarterly reports required by this section with the
	substantive committees of each house of the legislature with
	jurisdiction over regulation of assisted living facilities.
	SECTION 9.  Subsection (b), Section 311.016, Tax Code, as
	amended by Chapters 977 (H.B. 1820) and 1094 (H.B. 2120), Acts of
	the 79th Legislature, Regular Session, 2005, is reenacted and
	amended to read as follows:
	(b)  The municipality or county shall send a copy of a report
	made under this section to[:
	[(1)  the attorney general; and
	[(2)]  the comptroller.
	SECTION 10.  The following provisions are repealed:
	(1)  Subsection (e), Section 236.002, Family Code;
	(2)  Section 402.034, Government Code;
	(3)  Section 481.168, Government Code;
	(4)  Section 2107.005, Government Code;
	(5)  Subsection (b), Section 247.050, Health and Safety
	Code;
	(6)  Section 240.903, Local Government Code; and
	(7)  Section 395.082, Local Government Code.
	SECTION 11.  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, 2011.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1781 was passed by the House on April
	7, 2011, by the following vote:  Yeas 144, Nays 0, 1 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 1781 on May 27, 2011, by the following vote:  Yeas 139, Nays 0,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1781 was passed by the Senate, with
	amendments, on May 24, 2011, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor