By: Finnel H.B. No. 1658
73R852 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to state agency advisory committees.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Title 110A, Revised Statutes, is amended by
1-5 adding Article 6252-33 to read as follows:
1-6 Art. 6252-33. ADVISORY COMMITTEES GENERALLY
1-7 Sec. 1. DEFINITION. In this article, "advisory committee"
1-8 means a committee, council, commission, task force, or other entity
1-9 that is created by or under the authority of state law and that has
1-10 as its primary function advising a state agency. The term does not
1-11 include a legislative interim study committee.
1-12 Sec. 2. DURATION OF ADVISORY COMMITTEES. (a) Unless
1-13 otherwise expressly provided by statute, an advisory committee is
1-14 abolished on the second anniversary of the date on which a majority
1-15 of the membership of the committee is first appointed.
1-16 (b) The abolition of an advisory committee under this
1-17 section does not affect the authority of an agency to reestablish
1-18 the committee.
1-19 Sec. 3. EVALUATION OF COSTS. The agency advised by an
1-20 advisory committee annually shall evaluate:
1-21 (1) the costs associated with the operation of the
1-22 advisory committee, including the costs of agency staff time
1-23 necessary for the support of the committee's activities;
1-24 (2) the work of the committee; and
2-1 (3) the usefulness of the committee.
2-2 Sec. 4. APPROPRIATIONS REQUESTS. A request for an
2-3 appropriation filed by a state agency with the Legislative Budget
2-4 Board or the office of the governor must include:
2-5 (1) identification of the costs of operation of each
2-6 advisory committee to the state agency; and
2-7 (2) a statement of the need to continue, eliminate, or
2-8 consolidate advisory committees to the state agency.
2-9 Sec. 5. PER DIEM FOR ADVISORY COMMITTEE MEMBERS. A member
2-10 of an advisory committee may not receive a per diem, compensation,
2-11 or reimbursement for expenses incurred in the performance of duties
2-12 unless funds are expressly appropriated for that purpose.
2-13 Sec. 6. STATEMENT OF PURPOSE AND REPORTING REQUIREMENTS.
2-14 Each state agency advised by an advisory committee shall provide by
2-15 rule for each advisory committee:
2-16 (1) a policy statement regarding the purpose of the
2-17 advisory committee; and
2-18 (2) a description of how the advisory committee will
2-19 report to the agency regarding the committee's work and
2-20 performance.
2-21 Sec. 7. ADVISORY COMMITTEE COMPOSITION. An advisory
2-22 committee must:
2-23 (1) be composed of a number of members that is
2-24 reasonable, considering the ability of the committee to reach a
2-25 decision on matters before the committee; and
2-26 (2) be structured in a manner that provides for a
2-27 balanced representation of the industry or occupation regulated by
3-1 the appointing agency and consumers of services provided by the
3-2 agency or the regulated industry or occupation.
3-3 Sec. 8. SUBJECT COMMITTEES. The requirements of Sections
3-4 1-7 of this article apply to any advisory committee, whether
3-5 created before, on, or after the effective date of this article and
3-6 notwithstanding the requirements of a law enacted before the
3-7 effective date of this article. The appointing authority for an
3-8 advisory committee created before the effective date of this
3-9 article shall make changes in the composition of the committee to
3-10 comply with this article as soon as possible after the effective
3-11 date of this article and may do so notwithstanding the terms for
3-12 which members of the advisory committee were originally appointed
3-13 and notwithstanding the requirements of the law under which the
3-14 committee was appointed.
3-15 SECTION 2. CERTAIN ADVISORY COMMITTEES AND LEGISLATIVE STUDY
3-16 COMMITTEES ABOLISHED. (a) The executive advisory committee of the
3-17 Texas Food and Fibers Commission is abolished, and Section 42.007,
3-18 Agriculture Code, is repealed.
3-19 (b) The Transportation Audit Committee is abolished, and
3-20 Chapter 23, Acts of the 68th Legislature, 2nd Called Session, 1984
3-21 (Article 6663d, Vernon's Texas Civil Statutes), is repealed.
3-22 (c) The Campaign Finance Reform Task Force, created by
3-23 executive order, is abolished.
3-24 (d) The Committee on Water Resources, created by executive
3-25 order, is abolished.
3-26 (e) The Criminal Justice Education Project Advisory
3-27 Committee, created by executive order, is abolished.
4-1 (f) The advisory committee to the Motorcycle Operator
4-2 Training Program is abolished, and Section 3, Article 6701c-4,
4-3 Revised Statutes, is repealed.
4-4 (g) The Task Force on Public Utility Regulation, created by
4-5 executive order, is abolished.
4-6 (h) The Task Force on Waste Management Policy, created under
4-7 the authority of legislative resolutions, is abolished.
4-8 (i) The Texas Science and Technology Council, created by
4-9 executive order, is abolished.
4-10 (j) The Texas State Complete Count Census Committee, created
4-11 by executive order, is abolished.
4-12 (k) The Governor's Welfare Reform Task Force, created by
4-13 executive order, is abolished.
4-14 (l) The design advisory panel to the General Services
4-15 Commission is abolished, and Subsection (b), Section 5.20, State
4-16 Purchasing and General Services Act (Article 601b, Vernon's Texas
4-17 Civil Statutes), is repealed.
4-18 (m) The Texas Summit Committee, appointed to advise the
4-19 Texas Commission on Alcohol and Drug Abuse under the authority of
4-20 Section 461.012, Health and Safety Code, to develop and promote a
4-21 culturally relevant abuse prevention strategy, is abolished.
4-22 (n) The Legislative Task Force on Cancer, established before
4-23 the creation of the Texas Cancer Council, is abolished.
4-24 (o) The Family Farm and Ranch Advisory Council is abolished,
4-25 and Sections 252.001(1), 252.013, and 252.0231(i), Agriculture
4-26 Code, are repealed.
4-27 (p) The Joint Interim Committee on Proprietary Schools,
5-1 created to consider and evaluate the system the state uses to
5-2 approve and regulate courses of study offered by proprietary
5-3 schools, is abolished. Section 4.33, Chapter 813, Acts of the 71st
5-4 Legislature, Regular Session, 1989, is repealed.
5-5 (q) The Paperwork Reduction Advisory Committee, appointed to
5-6 advise the Central Education Agency in accomplishing its duties
5-7 under Section 21.925, Education Code, is abolished.
5-8 (r) The State Board of Education Advisory Committee on Open
5-9 Enrollment within Texas Public Schools, appointed to advise the
5-10 State Board of Education on the advisability and feasibility of
5-11 open enrollment within school districts, is abolished. Section
5-12 2.31, Chapter 813, Acts of the 71st Legislature, Regular Session,
5-13 1989, is repealed.
5-14 (s) The academic excellence indicators advisory committee,
5-15 appointed to advise the State Board of Education in accomplishing
5-16 its duties under Section 21.7531, Education Code, is abolished.
5-17 Section 2.30, Chapter 813, Acts of the 71st Legislature, Regular
5-18 Session, 1989, is repealed.
5-19 (t) The multidisciplinary committee on children with
5-20 attention deficit disorder, appointed to advise the Central
5-21 Education Agency in the development of proposed guidelines for
5-22 school districts for identifying and testing children with
5-23 attention deficit disorder, is abolished. Section 9, Chapter 658,
5-24 Acts of the 71st Legislature, Regular Session, 1989, is repealed.
5-25 (u) The Committee on State Revenue Estimates is abolished,
5-26 and Section 403.122, Government Code, is repealed.
5-27 (v) The FIRST Committee is abolished, and Chapter 436, Acts
6-1 of the 67th Legislature, Regular Session, 1981 (Article 4413(57),
6-2 Vernon's Texas Civil Statutes), is repealed.
6-3 (w) The Texas Distinguished Service Awards Committee is
6-4 abolished, and Subsections (a)-(e), Section 3, and Section 5,
6-5 Chapter 111, Acts of the 61st Legislature, Regular Session, 1969
6-6 (Article 6144h, Vernon's Texas Civil Statutes), are repealed.
6-7 SECTION 3. STATE BANKING BOARD ABOLISHED. (a) Chapter I,
6-8 The Texas Banking Code (Article 342-101 et seq., Vernon's Texas
6-9 Civil Statutes), is amended by adding Article 15A to read as
6-10 follows:
6-11 Art. 15A. STATE BANKING BOARD ABOLISHED. The State Banking
6-12 Board is abolished, and the powers and duties of the board are
6-13 transferred to the Banking Commissioner of Texas. A power granted
6-14 or duty imposed by law on the board is a power or duty of the
6-15 Banking Commissioner. A reference in any law to the State Banking
6-16 Board is a reference to the Banking Commissioner of Texas.
6-17 (b) Article 15, Chapter I, The Texas Banking Code (Article
6-18 342-115, Vernon's Texas Civil Statutes), is repealed.
6-19 SECTION 4. TEXAS SPACE COMMISSION ABOLISHED. (a) The Texas
6-20 Space Commission is abolished, and Chapter 482, Government Code, is
6-21 repealed.
6-22 (b) Section 481.022, Government Code, is amended by adding
6-23 Subsection (c) to read as follows:
6-24 (c) In addition to other duties provided by law, the
6-25 department shall encourage economic development in this state by
6-26 fostering the development of industries related to the
6-27 commercialization of space. The department shall analyze
7-1 space-related research currently conducted in the state and may
7-2 conduct activities designed to further that research.
7-3 SECTION 5. LEGISLATIVE INTERIM STUDY COMMITTEES. (a)
7-4 Subchapter C, Chapter 301, Government Code, is amended by adding
7-5 Section 301.042 to read as follows:
7-6 Sec. 301.042. INTERIM STUDY COMMITTEES. A special committee
7-7 created by or under the authority of a legislative resolution to
7-8 study and report on a specified issue is abolished on the date set
7-9 by law for the convening of the next regular session of the
7-10 legislature.
7-11 (b) The heading of Subchapter C, Chapter 301, Government
7-12 Code, is amended to read as follows:
7-13 SUBCHAPTER C. <MEMBERSHIP ON> INTERIM COMMITTEES
7-14 SECTION 6. CONFORMING AMENDMENT--ADVISORY COMMITTEES TO THE
7-15 TEXAS COMMISSION ON ALCOHOL AND DRUG ABUSE. Section 461.012,
7-16 Health and Safety Code, is amended by adding Subsection (d) to read
7-17 as follows:
7-18 (d) The membership of a state advisory committee appointed
7-19 under Subsection (c) may not exceed in number more than 24 members,
7-20 with one member appointed from each of the 24 state planning
7-21 regions.
7-22 SECTION 7. CONFORMING AMENDMENT--ACADEMIC EXCELLENCE
7-23 INDICATORS ADVISORY COMMITTEE TO THE CENTRAL EDUCATION AGENCY.
7-24 Section 21.7531(a), Education Code, is amended to read as follows:
7-25 (a) The State Board of Education, on the advice of <the
7-26 academic excellence indicators advisory committee,> the educational
7-27 excellence committee<,> and the Legislative Education Board, shall
8-1 adopt a set of indicators of the quality of learning on a campus
8-2 and other performance standards. The board biennially shall review
8-3 the indicators for the consideration of appropriate revisions.
8-4 SECTION 8. CONFORMING AMENDMENT--FAMILY FARM AND RANCH
8-5 ADVISORY COUNCIL. (a) Sections 252.012 and 252.015, Agriculture
8-6 Code, are amended to read as follows:
8-7 Sec. 252.012. Reports. Before January 1 of each year, the
8-8 commissioner shall submit a report to the legislature, the
8-9 Legislative Budget Board, and the State Auditor, concerning his or
8-10 her actions and those of <the advisory council and> the
8-11 administrator of the program under this chapter during the
8-12 preceding year and the status of loans guaranteed. The program is
8-13 subject to audit by the state auditor in accordance with Chapter
8-14 321, Government Code.
8-15 Sec. 252.015. Discrimination Prohibited. In carrying out
8-16 duties under this chapter, the commissioner <and advisory council>
8-17 may not discriminate because of age, race, color, creed, religion,
8-18 national origin, sex, marital status, disability, or political or
8-19 ideological persuasion.
8-20 (b) Sections 252.023(a), (c), and (d), Agriculture Code, are
8-21 amended to read as follows:
8-22 (a) An individual desiring to acquire farmland or ranchland
8-23 may apply to an eligible lender for a family farm and ranch
8-24 security loan. On completion of the appropriate forms by the
8-25 applicant and the lender, the lender shall forward the application
8-26 to the commissioner. The administrator of the program shall
8-27 determine eligibility <and shall recommend the approval or denial
9-1 of the application to the advisory council. The advisory council
9-2 shall approve the application if the requirements of this chapter
9-3 and the rules adopted under this chapter are met>. The
9-4 administrator shall notify the lender and the applicant of the
9-5 decision.
9-6 (c) If <the advisory council approves> the loan application
9-7 is approved, the administrator shall file a copy of the application
9-8 and return the original to the lender. The applicant and the
9-9 lender may then complete the loan transaction, subject to
9-10 compliance with the rules adopted under this chapter.
9-11 (d) A person related within the second degree by affinity or
9-12 the third degree by consanguinity, as determined under Article
9-13 5996h, Revised Statutes, <to any member of the advisory council or>
9-14 to the commissioner, the deputy commissioner of agriculture, an
9-15 assistant commissioner of agriculture, the administrator of the
9-16 program, or the assistant administrator is not eligible for a
9-17 family farm and ranch security loan.
9-18 (c) Section 252.024(b), Agriculture Code, is amended to read
9-19 as follows:
9-20 (b) The applicant shall pay the cost of an appraisal made
9-21 under Subsection (a) of this section before the date on which the
9-22 application is approved <reviewed by the advisory council>.
9-23 (d) Section 252.025(a), Agriculture Code, is amended to read
9-24 as follows:
9-25 (a) If a family farm and ranch security loan has a term of
9-26 not more than 20 years and provides for payments at least annually,
9-27 an applicant or borrower may apply for a payment adjustment. If
10-1 the application is approved <by the advisory council>, the
10-2 commissioner, subject to the availability of funds, may annually
10-3 pay to the lender an amount not to exceed four percent of the
10-4 outstanding balance due on the loan at the beginning of the year
10-5 during the first 10 years of the loan. Beginning with the 11th
10-6 year of the loan, the borrower shall reimburse the commissioner for
10-7 the sums paid in his or her behalf plus six percent simple
10-8 interest. A borrower may petition the commissioner for one 10-year
10-9 renewal of the payment adjustment. If the commissioner approves
10-10 <and advisory council approve> the renewal, the borrower shall
10-11 reimburse the commissioner beginning with the 21st year after the
10-12 loan was granted for all the sums paid in his or her behalf plus
10-13 six percent simple interest. A borrower is entitled to make
10-14 reimbursements for payment adjustments in equal annual payments
10-15 over a term not to exceed 10 years.
10-16 SECTION 9. This Act takes effect September 1, 1993.
10-17 SECTION 10. The importance of this legislation and the
10-18 crowded condition of the calendars in both houses create an
10-19 emergency and an imperative public necessity that the
10-20 constitutional rule requiring bills to be read on three several
10-21 days in each house be suspended, and this rule is hereby suspended.