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.