S.B. No. 713

	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 2023 SUNSET DATE
	SECTION 1.01.  TEXAS ECONOMIC DEVELOPMENT AND TOURISM
	OFFICE. Section 481.003, Government Code, is amended to read as
	follows:
	Sec. 481.003.  SUNSET PROVISION. The Texas Economic
	Development and Tourism Office 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, 2023 [2021].
	SECTION 1.02.  OFFICE OF STATE-FEDERAL RELATIONS. 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, 2023
	[2021].
	SECTION 1.03.  ANATOMICAL BOARD OF THE STATE OF TEXAS.
	Section 691.003, Health and Safety Code, is amended to read as
	follows:
	Sec. 691.003.  SUNSET PROVISION.  The Anatomical Board of
	the State of Texas is subject to Chapter 325, Government Code (Texas
	Sunset Act).  Unless continued in existence as provided by that
	chapter, the board is abolished September 1, 2023 [2021].
	SECTION 1.04.  TEXAS COMMISSION OF LICENSING AND REGULATION;
	TEXAS DEPARTMENT OF LICENSING AND REGULATION. Section 51.002(a),
	Occupations Code, is amended to read as follows:
	(a)  The Texas Commission of Licensing and Regulation and the
	Texas Department of Licensing and Regulation are subject to Chapter
	325, Government Code (Texas Sunset Act).  Unless continued in
	existence as provided by that chapter, the commission and the
	department are abolished September 1, 2023 [2021].
	SECTION 1.05.  TEXAS COMMISSION ON LAW ENFORCEMENT. (a)
	Section 1701.002, Occupations Code, is amended to read as follows:
	Sec. 1701.002.  APPLICATION OF SUNSET ACT.  The Texas
	Commission on Law Enforcement 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, 2023 [2021].
	(b)  For purposes of Section 1701.002, Occupations Code, as
	amended by this Act, the Sunset Advisory Commission shall conduct a
	limited-scope review of the Texas Commission on Law Enforcement for
	the 88th Legislature.
	(c)  In conducting the limited-scope review under this
	section, the Sunset Advisory Commission staff evaluation and report
	must be limited to reviewing the appropriateness of the Sunset
	Advisory Commission's recommendations for the Texas Commission on
	Law Enforcement made to the 87th Legislature.
	(d)  The Sunset Advisory Commission's recommendations to the
	88th Legislature may include any recommendation the commission
	considers appropriate based on the limited-scope review conducted
	under this section.
	SECTION 1.06.  PUBLIC UTILITY COMMISSION OF TEXAS. Section
	12.005, Utilities Code, is amended to read as follows:
	Sec. 12.005.  APPLICATION OF SUNSET ACT. The Public Utility
	Commission of Texas is subject to Chapter 325, Government Code
	(Texas Sunset Act). Unless continued in existence as provided by
	that chapter or by Chapter 39, the commission is abolished and this
	title expires September 1, 2023 [2025].
	SECTION 1.07.  OFFICE OF PUBLIC UTILITY COUNSEL. Section
	13.002, Utilities Code, is amended to read as follows:
	Sec. 13.002.  APPLICATION OF SUNSET ACT. The Office of
	Public Utility 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, 2023 [2025].
	SECTION 1.08.  SAN JACINTO RIVER AUTHORITY. Section 1A(a),
	Chapter 426, Acts of the 45th Legislature, Regular Session, 1937,
	is amended to read as follows:
	(a)  The District is subject to review under Chapter 325,
	Government Code (Texas Sunset Act), but may not be abolished under
	that chapter. The review shall be conducted under Section 325.025,
	Government Code, as if the District were a state agency scheduled to
	be abolished September 1, 2023 [2021], and every 12th year after
	that year.
	ARTICLE 2. ENTITIES GIVEN 2025 SUNSET DATE
	SECTION 2.01.  TEXAS DEPARTMENT OF INSURANCE AND DIVISION OF
	WORKERS' COMPENSATION, TEXAS DEPARTMENT OF INSURANCE. Section
	31.004, Insurance Code, is amended to read as follows:
	Sec. 31.004.  SUNSET PROVISION. (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, 2025 [2023].
	(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, 2025 [2023], or another date designated by the
	legislature.
	SECTION 2.02.  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, 2025 [2023].
	SECTION 2.03.  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, 2025 [2023].
	ARTICLE 3. ENTITIES GIVEN 2027 SUNSET DATE
	SECTION 3.01.  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, 2027 [2023].
	SECTION 3.02.  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, 2027 [2023].
	SECTION 3.03.  COMMISSION ON STATE EMERGENCY
	COMMUNICATIONS. Section 771.032, Health and Safety Code, is
	amended to read as follows:
	Sec. 771.032.  APPLICATION OF SUNSET ACT. The Commission on
	State Emergency Communications 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, 2027 [2023].
	SECTION 3.04.  TEXAS RACING COMMISSION.  (a)  Section
	2021.008(a), Occupations Code, is amended to read as follows:
	(a)  The 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),
	the commission is abolished and this subtitle expires September 1,
	2027 [2021].
	(b)  Not later than December 1, 2021, the Texas Racing
	Commission shall replace all employees who were employed by the
	Texas Racing Commission on August 31, 2021, in:
	(1)  an exempt position; or
	(2)  a position at or above salary group B27 in the
	Texas Position Classification Plan, 1961.
	(c)  The Texas Racing Commission may not hire or rehire an
	individual to fill a position described by Subsection (b) of this
	section if the individual was employed by the commission in a
	position described by Subsection (b) of this section during the six
	months preceding the effective date of this Act.
	ARTICLE 4. ENTITIES GIVEN 2029 SUNSET DATE
	SECTION 4.01.  CANCER PREVENTION AND RESEARCH INSTITUTE OF
	TEXAS. Section 102.003, Health and Safety Code, is amended to read
	as follows:
	Sec. 102.003.  SUNSET PROVISION. The Cancer Prevention and
	Research Institute of Texas is subject to Chapter 325, Government
	Code (Texas Sunset Act). Unless continued in existence as provided
	by that chapter, the institute is abolished and this chapter
	expires September 1, 2029 [2023].
	SECTION 4.02.  STATE BOARD OF VETERINARY MEDICAL EXAMINERS.
	(a) Section 801.003, Occupations Code, is amended to read as
	follows:
	Sec. 801.003.  APPLICATION OF SUNSET ACT. The State Board of
	Veterinary Medical 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, 2029 [2021].
	(b)  The Sunset Advisory Commission shall conduct a
	special-purpose review of the State Board of Veterinary Medical
	Examiners for the 88th Legislature. In conducting the
	special-purpose review under this subsection:
	(1)  the Sunset Advisory Commission staff evaluation
	and report must be limited to reviewing the implementation of the
	State Board of Veterinary Medical Examiners' database system and
	the board's processes and procedures for collecting and analyzing
	data as recommended by the commission to the 87th Legislature; and
	(2)  the commission's recommendations to the 88th
	Legislature may include any recommendation the commission
	considers appropriate based on the special-purpose review.
	(c)  The state auditor shall conduct an effectiveness audit
	of the State Board of Veterinary Medical Examiners to evaluate:
	(1)  the board's implementation of the data-related
	recommendations made in the report on the board submitted by the
	Sunset Advisory Commission to the 85th Legislature and identified
	as not fully implemented in the report on the board submitted by the
	commission to the 87th Legislature; and
	(2)  any additional recommendation made in the Sunset
	Advisory Commission's report on the special-purpose review under
	Subsection (b) of this section.
	(d)  The state auditor may not begin the audit required by
	Subsection (c) of this section before December 1, 2023, and shall
	prepare and submit a report of the findings of the audit to the
	chair and executive director of the Sunset Advisory Commission not
	later than December 1, 2024.
	(e)  The state auditor shall include the auditor's duties
	under this section in each audit plan under Section 321.013,
	Government Code, that governs the auditor's duties for the period
	specified by Subsection (d) of this section.
	ARTICLE 5. ENTITIES GIVEN 2031 SUNSET DATE
	SECTION 5.01.  TEXAS REAL ESTATE COMMISSION. Section
	1101.006, Occupations Code, is amended to read as follows:
	Sec. 1101.006.  APPLICATION OF SUNSET ACT. The Texas Real
	Estate 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, Chapter
	1102, and Chapter 1303 of this code and Chapter 221, Property Code,
	expire September 1, 2031 [2025].
	SECTION 5.02.  TEXAS APPRAISER LICENSING AND CERTIFICATION
	BOARD. Section 1103.006, Occupations Code, is amended to read as
	follows:
	Sec. 1103.006.  APPLICATION OF SUNSET ACT. The Texas
	Appraiser Licensing and Certification 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 and Chapter 1104 expire September 1, 2031 [2025].
	ARTICLE 6. ENTITIES REMOVED FROM SUNSET REVIEW
	SECTION 6.01.  TEXAS A&M FOREST SERVICE. Section 88.1016,
	Education Code, is repealed.
	ARTICLE 7. LIMITED REVIEWS REMOVED FROM SUNSET REVIEW
	SECTION 7.01.  HEALTH AND HUMAN SERVICES COMMISSION,
	DEPARTMENT OF STATE HEALTH SERVICES, AND DEPARTMENT OF FAMILY AND
	PROTECTIVE SERVICES. Section 531.0206, Government Code, is
	repealed.
	SECTION 7.02.  THE HEALTH AND HUMAN SERVICES COMMISSION'S
	OFFICE OF INSPECTOR GENERAL. Section 531.102(y), Government Code,
	is repealed.
	ARTICLE 8. SUNSET REVIEW PROCESS
	SECTION 8.01.  PROCEDURES DURING DECLARED DISASTER. Section
	325.0125(b), Government Code, is amended to read as follows:
	(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, or that the commission determines are
	unable to participate in the review due to a declared disaster.
	SECTION 8.02.  PROCEDURES AFTER ABOLISHMENT. Section
	325.017, Government Code, is amended by adding Subsections (g) and
	(h) to read as follows:
	(g)  Except as provided by Subsections (a), (e), and (f), all
	legal interests of a state agency abolished in an odd-numbered year
	are transferred to the comptroller on the date the state agency is
	terminated under Subsection (a).
	(h)  On the date a state agency that is abolished in an
	odd-numbered year is terminated under Subsection (a), the governor
	may designate another state agency to administer any law previously
	administered by the abolished state agency that remains in effect
	and a reference in any law to the abolished state agency means the
	designated state agency. The governor is not required to designate
	the same state agency under this subsection that is designated
	under Subsection (f).
	ARTICLE 9.  TRANSITION
	SECTION 9.01.  CONFLICT WITH OTHER LAWS. If a conflict
	exists between this Act and another Act of the 87th Legislature,
	Regular Session, 2021, that amends or repeals the sunset date of a
	governmental entity, the provisions of the other Act control
	without regard to the relative dates of enactment.
	ARTICLE 10. EFFECTIVE DATE
	SECTION 10.01.  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, 2021.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 713 passed the Senate on
	April 19, 2021, by the following vote:  Yeas 31, Nays 0;
	May 25, 2021, Senate refused to concur in House amendments and
	requested appointment of Conference Committee; May 27, 2021, House
	granted request of the Senate; May 30, 2021, Senate adopted
	Conference Committee Report by the following vote:  Yeas 31,
	Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 713 passed the House, with
	amendments, on May 23, 2021, by the following vote:  Yeas 140,
	Nays 3, one present not voting; May 27, 2021, House granted request
	of the Senate for appointment of Conference Committee;
	May 30, 2021, House adopted Conference Committee Report by the
	following vote:  Yeas 133, Nays 7, two present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor