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  H.B. No. 1675
 
 
 
 
AN ACT
  relating to the sunset review process and certain governmental
  entities subject to that process.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. ENTITIES GIVEN 2015 SUNSET DATE AND CERTAIN OTHER
  REVIEWS
         SECTION 1.01.  TEXAS EDUCATION AGENCY. (a) Section 7.004,
  Education Code, is amended to read as follows:
         Sec. 7.004.  SUNSET PROVISION. The Texas Education Agency
  is subject to Chapter 325, Government Code (Texas Sunset
  Act).  Unless continued in existence as provided by that chapter,
  the agency is abolished September 1, 2015 [2013].
         (b)  The Sunset Advisory Commission shall limit its review of
  the Texas Education Agency in preparation for the work of the 84th
  Legislature in Regular Session to the appropriateness of
  recommendations made by the commission to the 83rd Legislature. In
  the commission's report to the 84th Legislature, the commission may
  include any recommendations it considers appropriate. This
  subsection expires September 1, 2015.
         (c)  This section takes effect only if the 83rd Legislature,
  Regular Session, 2013, does not enact other legislation that
  becomes law and that amends Section 7.004, Education Code, to
  extend the sunset date of the Texas Education Agency. If the 83rd
  Legislature, Regular Session, 2013, enacts legislation of that
  kind, this section has no effect.
         SECTION 1.02.  REVIEW OF CONTRACTING PROCEDURES OF TEXAS
  EDUCATION AGENCY. Subchapter B, Chapter 39, Education Code, is
  amended by adding Section 39.038 to read as follows:
         Sec. 39.038.  SUNSET REVIEW OF CONTRACTING PROCEDURES FOR
  ASSESSMENT INSTRUMENTS. The Sunset Advisory Commission shall
  evaluate the contracting procedures used by the agency to enter
  into a contract with a provider to develop or administer assessment
  instruments required by Section 39.023 and present to the 84th
  Legislature a report on its evaluation and recommendations in
  relation to the contracting procedures. This section expires
  September 1, 2015.
         SECTION 1.03.  TEXAS FACILITIES COMMISSION. (a) Section
  2152.002, Government Code, is amended to read as follows:
         Sec. 2152.002.  SUNSET PROVISION. The Texas Facilities
  [Building and Procurement] Commission is subject to Chapter 325
  (Texas Sunset Act). Unless continued in existence as provided by
  that chapter, the commission is abolished and this subtitle, except
  for Chapter 2170 and Section 2157.121, expires September 1, 2015
  [2013].
         (b)  The Sunset Advisory Commission shall limit its review of
  the Texas Facilities Commission in preparation for the work of the
  84th Legislature in Regular Session to the appropriateness of
  recommendations made by the commission to the 83rd Legislature. In
  the commission's report to the 84th Legislature, the commission may
  include any recommendations it considers appropriate. This
  subsection expires September 1, 2015.
         (c)  If a conflict exists between this Act and another Act of
  the 83rd Legislature, Regular Session, 2013, that amends Section
  2152.002, Government Code, to extend the sunset date of the Texas
  Facilities Commission, this Act controls without regard to the
  relative dates of enactment.
         SECTION 1.04.  UNIVERSITY INTERSCHOLASTIC LEAGUE. Section
  33.083, Education Code, is amended by adding Subsection (e) to read
  as follows:
         (e)  The University Interscholastic League is subject to
  review under Chapter 325, Government Code (Texas Sunset Act), but
  is not abolished under that chapter. The University
  Interscholastic League shall be reviewed during the period in which
  state agencies abolished in 2015 are reviewed. The University
  Interscholastic League shall pay the costs incurred by the Sunset
  Advisory Commission in performing the review under this subsection.
  The Sunset Advisory Commission shall determine the costs of the
  review performed under this subsection, and the University
  Interscholastic League shall pay the amount of those costs promptly
  on receipt of a statement from the Sunset Advisory Commission
  regarding those costs. This subsection expires September 1, 2015.
         SECTION 1.05.  STUDY CONCERNING SELF-DIRECTED
  SEMI-INDEPENDENT STATUS OF STATE AGENCIES. (a) In this section,
  "commission" means the Sunset Advisory Commission.
         (b)  The commission shall conduct a study concerning the
  self-directed semi-independent status of state agencies.
         (c)  The study must address:
               (1)  criteria and a process to be used in determining
  whether a state agency should be given self-directed
  semi-independent status;
               (2)  criteria and a process to be used in determining
  whether the self-directed semi-independent status of a state agency
  should be revoked;
               (3)  measures to ensure adequate state oversight of
  state agencies with self-directed semi-independent status;
               (4)  reporting requirements for state agencies with
  self-directed semi-independent status;
               (5)  procedures for a state agency with self-directed
  semi-independent status to contract with and to pay for services
  received from another state agency;
               (6)  procedures for reviewing a state agency's
  self-directed semi-independent status as part of the agency's
  sunset review;
               (7)  appropriations issues related to a state agency's
  transition to self-directed semi-independent status;
               (8)  appropriations issues related to a state agency's
  transition from self-directed semi-independent status to regular
  state agency status; and
               (9)  criteria to review complaint procedures and the
  disposition of complaints by a state agency with self-directed
  semi-independent status.
         (d)  In conducting the study, the commission shall consult
  with the Legislative Budget Board.
         (e)  At the commission's request, a state agency shall
  provide information and assistance to the commission in conducting
  the study under this section.
         (f)  Not later than December 31, 2014, the commission shall
  submit a report on the commission's findings and recommendations
  to:
               (1)  the governor;
               (2)  the lieutenant governor; and
               (3)  each member of the legislature.
         (g)  This section expires September 1, 2015.
  ARTICLE 2. ENTITIES GIVEN 2017 SUNSET DATE
         SECTION 2.01.  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, 2017 [2015].
         SECTION 2.02.  EMPLOYEES RETIREMENT SYSTEM OF TEXAS.
  Subchapter A, Chapter 815, Government Code, is amended by adding
  Section 815.005 to read as follows:
         Sec. 815.005.  SUNSET PROVISION. The board of trustees of
  the Employees Retirement System of Texas is subject to review under
  Chapter 325 (Texas Sunset Act), but is not abolished under that
  chapter. The board shall be reviewed during the period in which
  state agencies abolished in 2017, and every 12th year after that
  year, are reviewed.
         SECTION 2.03.  SULPHUR RIVER BASIN AUTHORITY. Chapter 3,
  Acts of the 69th Legislature, 1st Called Session, 1985, is amended
  by adding Section 1A to read as follows:
         Sec. 1A.  APPLICATION OF SUNSET ACT. (a) The authority is
  subject to review under Chapter 325, Government Code (Texas Sunset
  Act), as if it were a state agency. Unless the authority is
  continued in existence, the authority is abolished and this Act
  expires September 1, 2017.
         (b)  The review must assess the authority's governance,
  management, and operating structure and the authority's compliance
  with legislative requirements.
         (c)  The authority shall pay the costs incurred by the Sunset
  Advisory Commission in performing a review of the authority under
  this section. The Sunset Advisory Commission shall determine the
  costs, and the authority shall pay the amount promptly on receipt of
  a statement from the Sunset Advisory Commission detailing the
  costs.
         (d)  If the authority is abolished, the procedures under
  Chapter 325, Government Code (Texas Sunset Act), relating to
  winding up the affairs of a state agency after its abolishment apply
  to the authority.
         SECTION 2.04.  TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
  AFFAIRS. (a) Section 2306.022, Government Code, is amended to read
  as follows:
         Sec. 2306.022.  APPLICATION OF SUNSET ACT. The Texas
  Department of Housing and Community Affairs 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, 2017 [2013].
         (b)  The Sunset Advisory Commission shall limit its review of
  the Texas Department of Housing and Community Affairs in
  preparation for the work of the 85th Legislature in Regular Session
  to the appropriateness of recommendations made by the commission to
  the 83rd Legislature. In the commission's report to the 85th
  Legislature, the commission may include any recommendations it
  considers appropriate. This subsection expires September 1, 2017.
         (c)  This section takes effect only if the 83rd Legislature,
  Regular Session, 2013, does not enact other legislation that
  becomes law and that amends Section 2306.022, Government Code, to
  extend the sunset date of the Texas Department of Housing and
  Community Affairs. If the 83rd Legislature, Regular Session, 2013,
  enacts legislation of that kind, this section has no effect.
         SECTION 2.05.  RAILROAD COMMISSION OF TEXAS.  Section
  81.01001, Natural Resources Code, is amended to read as follows:
         Sec. 81.01001.  SUNSET PROVISION. (a) 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, 2017 [2013].
         (a-1)  The review of the Railroad Commission of Texas by the
  Sunset Advisory Commission in preparation for the work of the 85th
  Legislature in Regular Session is not limited to the
  appropriateness of recommendations made by the Sunset Advisory
  Commission to the 83rd Legislature. In the Sunset Advisory
  Commission's report to the 85th Legislature, the Sunset Advisory
  Commission may include any recommendations it considers
  appropriate. The review must include an examination of alternative
  organizational structures for the Railroad Commission of Texas and
  alternative methods for performing the commission's
  responsibilities that would enable the efficient and effective
  accomplishment of the commission's functions. The examination must
  include an assessment of existing state agencies that would be able
  to perform the commission's functions. The review must also
  include an examination of methods to increase the public's role in
  decisions of the Railroad Commission of Texas that relate to the
  effect of the growth of resource extraction. The Sunset Advisory
  Commission may contract for assistance in performing the review,
  including assistance in evaluating, auditing, and forensic
  auditing, as the Sunset Advisory Commission determines necessary.
  This subsection expires September 1, 2017.
         (b)  The Railroad Commission of Texas shall pay the costs
  incurred by the Sunset Advisory Commission in performing a review
  of the commission under this section. The Sunset Advisory
  Commission shall determine the costs, and the commission shall pay
  the amount of those costs promptly on receipt of a statement from
  the Sunset Advisory Commission detailing the costs.
  ARTICLE 3. ENTITIES GIVEN 2019 SUNSET DATE
         SECTION 3.01.  REGIONAL EDUCATION SERVICE CENTERS. Section
  8.010, Education Code, is amended to read as follows:
         Sec. 8.010.  SUNSET PROVISION. Regional education service
  centers are subject to Chapter 325, Government Code (Texas Sunset
  Act). Unless continued in existence as provided by that chapter,
  the centers are abolished and this chapter expires September 1,
  2019 [2015].
         SECTION 3.02.  FINANCE COMMISSION OF TEXAS. Section 11.108,
  Finance Code, is amended to read as follows:
         Sec. 11.108.  SUNSET PROVISION. The finance 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, 2019 [2015].
         SECTION 3.03.  OFFICE OF BANKING COMMISSIONER. Section
  12.109, Finance Code, is amended to read as follows:
         Sec. 12.109.  SUNSET PROVISION. The office of banking
  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, 2019 [2015].
         SECTION 3.04.  OFFICE OF SAVINGS AND MORTGAGE LENDING
  COMMISSIONER AND DEPARTMENT OF SAVINGS AND MORTGAGE LENDING.
  Section 13.012, Finance Code, is amended to read as follows:
         Sec. 13.012.  SUNSET PROVISION. The office of savings and
  mortgage lending commissioner and the Department of Savings and
  Mortgage Lending are subject to Chapter 325, Government Code (Texas
  Sunset Act). Unless continued in existence as provided by that
  chapter, the office and department are abolished September 1, 2019
  [2015].
         SECTION 3.05.  OFFICE OF CONSUMER CREDIT COMMISSIONER.
  Section 14.066, Finance Code, is amended to read as follows:
         Sec. 14.066.  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, 2019 [2015].
         SECTION 3.06.  TEXAS WINDSTORM INSURANCE ASSOCIATION.
  Section 2210.002(b), Insurance Code, is amended to read as follows:
         (b)  The association is subject to review under Chapter 325,
  Government Code (Texas Sunset Act), but is not abolished under that
  chapter. The association shall be reviewed during the period in
  which state agencies abolished in 2019 [2015] are reviewed. The
  association shall pay the costs incurred by the Sunset Advisory
  Commission in performing the review of the association under this
  subsection. The Sunset Advisory Commission shall determine the
  costs of the review performed under this subsection, and the
  association shall pay the amount of those costs promptly on receipt
  of a statement from the Sunset Advisory Commission regarding those
  costs. This subsection expires September 1, 2019 [2015].
         SECTION 3.07.  STATE SECURITIES BOARD. Subsection O,
  Section 2, The Securities Act (Article 581-2, Vernon's Texas Civil
  Statutes), is amended to read as follows:
         O.  The State Securities 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 Act
  expires September 1, 2019 [2015].
         SECTION 3.08.  TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY.
  Section 901.006, Occupations Code, is amended to read as follows:
         Sec. 901.006.  APPLICATION OF SUNSET ACT. The Texas State
  Board of Public Accountancy 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, 2019 [2015].
  ARTICLE 4. ENTITIES GIVEN 2021 SUNSET DATE
         SECTION 4.01.  TEXAS INVASIVE SPECIES COORDINATING
  COMMITTEE. Section 776.007(a), Government Code, is amended to read
  as follows:
         (a)  The committee is subject to Chapter 325 (Texas Sunset
  Act). [The committee shall be reviewed during the periods in which
  the State Soil and Water Conservation Board is reviewed.] Unless
  continued in existence as provided by that chapter, the committee
  is abolished and this chapter expires September 1, 2021 [on the date
  on which that agency is subject to abolishment].
         SECTION 4.02.  DIVISION OF WORKERS' COMPENSATION OF TEXAS
  DEPARTMENT OF INSURANCE. 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, 2021 [2017], or another date designated by the
  legislature.
         SECTION 4.03.  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, 2021 [2017].
  ARTICLE 5. ENTITIES GIVEN 2025 SUNSET DATE
         SECTION 5.01.  STATE EMPLOYEE CHARITABLE CAMPAIGN POLICY
  COMMITTEE. (a) Section 659.140(i), Government Code, is amended to
  read as follows:
         (i)  The state employee charitable campaign policy committee
  is subject to the Texas Sunset Act. Unless continued in existence
  as provided by that chapter, the committee is abolished and
  [Government Code Chapter 659,] Subchapter I[,] and Sections
  814.0095 and 814.0096 expire on September 1, 2025 [2013].
         (b)  This section takes effect only if the 83rd Legislature,
  Regular Session, 2013, does not enact other legislation that
  becomes law and that amends Section 659.140(i), Government Code, to
  extend the sunset date of the state employee charitable campaign
  policy committee. If the 83rd Legislature, Regular Session, 2013,
  enacts legislation of that kind, this section has no effect.
  ARTICLE 6. ENTITIES REMOVED FROM SPECIFIC SUNSET REVIEW
         SECTION 6.01.  EARLY CHILDHOOD HEALTH AND NUTRITION
  INTERAGENCY COUNCIL. Section 116.002, Health and Safety Code, is
  amended to read as follows:
         Sec. 116.002.  REVIEW BY [APPLICATION OF] SUNSET ADVISORY
  COMMISSION [ACT]. The Sunset Advisory Commission shall review the
  [The] Early Childhood Health and Nutrition Interagency Council as
  part of its periodic review of the Department of Agriculture under
  [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, 2019.]
  ARTICLE 7. SUNSET REVIEW PROCESS
         SECTION 7.01.  Chapter 325, Government Code, is amended by
  adding Section 325.0127 to read as follows:
         Sec. 325.0127.  COST OF REVIEW. (a) In this section,
  "self-directed semi-independent agency" means a state agency that
  has status as a self-directed semi-independent agency under the
  Self-Directed Semi-Independent Agency Project Act (Article 8930,
  Revised Statutes), Chapter 16, Finance Code, Chapter 1105,
  Occupations Code, or any other law. The term does not include the
  Texas Department of Insurance's actuarial division and financial
  examinations division as those terms are defined by Section
  401.251, Insurance Code.
         (b)  A self-directed semi-independent agency shall pay the
  costs incurred by the commission in performing a review of the
  agency under this chapter. The commission shall determine the
  costs of the review, and the agency shall pay the amount of those
  costs promptly on receipt of a statement from the commission
  regarding those costs.
         SECTION 7.02.  Section 325.019, Government Code, is amended
  by amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  In carrying out its functions under this chapter, the
  commission or its designated staff member may attend any meetings
  and proceedings of any state agency, including any meeting or
  proceeding of the governing body of the agency that is closed to the
  public, and may inspect the records, documents, and files of any
  state agency, including any record, document, or file that is:
               (1)  attorney work product;
               (2)  an attorney-client communication; or
               (3)  made privileged or confidential by law.
         (c)  It is the intent of the legislature to allow the
  commission and its designated staff members to have access to all
  meetings or proceedings of a state agency being reviewed by the
  commission under this chapter and to all records, documents, and
  files of that agency. To the extent that this section conflicts
  with other law that purports to limit the commission's access to
  meetings or proceedings or to records, documents, and files, this
  section controls. If federal law prohibits a state agency from
  disclosing information in a record, document, or file to the
  commission, including information in a record, document, or file
  created as a result of or considered during a meeting or proceeding,
  the state agency may redact the protected information from the
  record, document, or file.
         SECTION 7.03.  Section 325.0195, Government Code, is amended
  by adding Subsections (c), (d), and (e) to read as follows:
         (c)  A state agency that provides the commission with access
  to a privileged or confidential communication, record, document, or
  file under Section 325.019 for purposes of a review under this
  chapter does not waive the attorney-client privilege, or any other
  privilege or confidentiality requirement protected or required by
  the Texas Constitution, common law, statutory law, or rules of
  evidence, procedure, or professional conduct, with respect to the
  communication, record, document, or file provided to the
  commission. For purposes of this subsection, a communication
  includes a discussion that occurs at a meeting or proceeding of the
  state agency that is closed to the public.
         (d)  The state agency may require the commission or the
  members of the commission's staff who view, handle, or are privy to
  information, or who attend a meeting that is not accessible to the
  public, to sign a confidentiality agreement that covers the
  information and requires that:
               (1)  the information not be disclosed outside the
  commission for purposes other than the purpose for which it was
  received;
               (2)  the information be labeled as confidential;
               (3)  the information be kept securely; and
               (4)  the number of copies made of the information or the
  notes taken from the information that implicate the confidential
  nature of the information be controlled, with all copies or notes
  that are not destroyed or returned to the governmental body
  remaining confidential and subject to the confidentiality
  agreement.
         (e)  A person who obtains access to confidential information
  in connection with the performance of the commission's duties under
  this chapter or another law commits an offense if the person
  knowingly:
               (1)  uses the confidential information for a purpose
  other than the purpose for which the information was received or for
  a purpose unrelated to the law that permitted the person to obtain
  access to the information, including solicitation of political
  contributions or solicitation of clients;
               (2)  permits inspection of the confidential
  information by a person who is not authorized to inspect the
  information; or
               (3)  discloses the confidential information to a person
  who is not authorized to receive the information.
  ARTICLE 8. EFFECTIVE DATE
         SECTION 8.01.  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, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1675 was passed by the House on April
  25, 2013, by the following vote:  Yeas 130, Nays 6, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 1675 on May 24, 2013, 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. 1675 on May 26, 2013, by the following vote:  Yeas 145,
  Nays 0, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1675 was passed by the Senate, with
  amendments, on May 21, 2013, 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.
  1675 on May 26, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor