BILL ANALYSIS

H.B. 1570

By: Holland

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

H.B. 1570 is the sunset schedule bill, which is filed each session to make necessary adjustments to better align the agencies set for review by the Sunset Advisory Commission in the upcoming review cycles and to balance the sunset commission's review workload to give sufficient attention to each agency under review. The bill also updates provisions in the Texas Sunset Act to bring additional clarity to the act.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1570 amends the Agriculture Code, Education Code, Finance Code, Government Code, Health and Safety Code, Occupations Code, Parks and Wildlife Code, and Special District Local Laws Code to change the review cycle for certain state agencies and other entities under the Texas Sunset Act as indicated below and to make certain other revisions to that act. Additionally, the bill removes the Bandera County River Authority and Groundwater District from the sunset review process.

Sunset Review Cycle Changes

2024-2025 Review Cycle

H.B. 1570 moves forward the review of the Texas Civil Commitment Office from the 2026‑2027 review cycle to the 2024-2025 review cycle.

2028-2029 Review Cycle

H.B. 1570 postpones the review of the following entities from the 2024-2025 review cycle to the 2028-2029 review cycle:

· the Texas Higher Education Coordinating Board;

· the State Commission on Judicial Conduct;

· the Judicial Branch Certification Commission;

· the State Preservation Board;

· the Texas Lottery Commission;

· the State Pension Review Board; and

· the Department of Information Resources.

H.B. 1570 postpones the review of the following entities from the 2026-2027 review cycle to the 2028-2029 review cycle:

· the Texas Education Agency;

· the Expanded Learning Opportunities Council;

· the Texas Public Finance Authority;

· the Texas Facilities Commission;

· the Texas State Affordable Housing Corporation; and

· the Commission on State Emergency Communications.

2032-2033 Review Cycle

H.B. 1570 postpones the review of the following entities from the 2024-2025 review cycle to the 2032-2033 review cycle:

· the Texas Board of Professional Engineers and Land Surveyors;

· the Texas Board of Professional Geoscientists; and

· the Texas Board of Architectural Examiners.

H.B. 1570 postpones the review of the Texas State Board of Plumbing Examiners from the 2026-2027 review cycle to the 2032-2033 review cycle.

H.B. 1570 postpones the review of the following entities from the 2028-2029 review cycle to the 2032-2033 review cycle:

· the Texas Board of Chiropractic Examiners;

· the State Board of Dental Examiners;

· the Texas Board of Nursing;

· the Texas Optometry Board;

· the Executive Council of Physical Therapy and Occupational Therapy Examiners;

· the Texas Board of Physical Therapy Examiners;

· the Texas Board of Occupational Therapy Examiners;

· the Texas Behavioral Health Executive Council; and

· the Texas State Board of Pharmacy.

H.B. 1570 postpones the review of the following entities from the 2030-2031 review cycle to the 2032-2033 review cycle:

· the Pediatric Acute-Onset Neuropsychiatric Syndrome Advisory Council;

· the Texas Medical Board;

· the Texas State Board of Public Accountancy;

· the Texas Real Estate Commission; and

· the Texas Appraiser Licensing and Certification Board.

2034-2035 Review Cycle

H.B. 1570 postpones the review of the following entities from the 2032-2033 review cycle to the 2034-2035 review cycle:

· the Department of Agriculture;

· the board of directors of the official cotton growers' boll weevil eradication foundation;

· the Texas Animal Health Commission;

· the Prepaid Higher Education Tuition Board;

· the Credit Union Department;

· the Credit Union Commission;

· the Texas Commission on Fire Protection;

· the Commission on Jail Standards;

· the board of trustees of the Teacher Retirement System of Texas;

· the Parks and Wildlife Department;

· the Brazos River Authority; and

· the Gulf Coast Protection District.

Amendments to the Texas Sunset Act

H.B. 1570 establishes that the provisions of the Texas Sunset Act relating to the review of a state agency by the Sunset Advisory Commission apply to the review of a state agency that is not subject to abolishment in the same manner as the provisions apply to a state agency that is subject to abolishment. Additionally, the bill clarifies that a public member of the commission acts on the legislature's behalf when participating on the commission in furtherance of the legislature's duty to provide oversight of state agencies' implementation of legislative priorities, irrespective of the branch of state government in which that agency is located.

Repealer

H.B. 1570 repeals Section 1A, Chapter 629, Acts of the 62nd Legislature, Regular Session, 1971.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.