S.B. No. 383
AN ACT
1-1 relating to the existence, composition, and expenses of state
1-2 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. STATE AGENCY ADVISORY COMMITTEES
1-7 Sec. 1. DEFINITION. In this article, "advisory committee"
1-8 means a committee, council, commission, task force, or other entity
1-9 in the executive branch of state government that:
1-10 (1) is not a state agency;
1-11 (2) is created by or under state law; and
1-12 (3) has as its primary function advising a state
1-13 agency.
1-14 Sec. 2. COMPOSITION OF ADVISORY COMMITTEES.
1-15 (a) Notwithstanding other law, an advisory committee must be
1-16 composed of a reasonable number of members not to exceed 24
1-17 members. The composition of the committee must also provide a
1-18 balanced representation between:
1-19 (1) industries or occupations regulated or directly
1-20 affected by the advised state agency; and
1-21 (2) consumers of services provided either by the
1-22 advised state agency or by industries or occupations regulated by
1-23 the agency.
1-24 (b) This section does not apply to an advisory committee if
2-1 the committee must be composed in a manner that is inconsistent
2-2 with this section under federal law or for federal funding
2-3 purposes.
2-4 Sec. 3. PRESIDING OFFICER. (a) An advisory committee shall
2-5 select from among its members a presiding officer, unless a
2-6 different procedure for selecting the presiding officer is
2-7 prescribed by other law.
2-8 (b) The presiding officer shall preside over the advisory
2-9 committee and report to the advised state agency.
2-10 Sec. 4. REIMBURSEMENT OF MEMBERS' EXPENSES; APPROPRIATIONS
2-11 PROCESS. (a) Notwithstanding other law, the manner and amount of
2-12 reimbursement for expenses, including travel expenses, of members
2-13 of an advisory committee may be prescribed only:
2-14 (1) by the General Appropriations Act; or
2-15 (2) through the budget execution process under Chapter
2-16 317, Government Code, if the advisory committee is created after it
2-17 is practicable to address the existence of the committee in the
2-18 General Appropriations Act.
2-19 (b) A state agency that is advised by an advisory committee
2-20 must request authority to reimburse the expenses of members of the
2-21 committee through the appropriations or budget execution process,
2-22 as appropriate, if the agency determines that the expenses of
2-23 committee members should be reimbursed. The request must:
2-24 (1) identify the costs related to the advisory
2-25 committee's existence, including the cost of agency staff time
2-26 spent in support of the committee's activities;
2-27 (2) state the reasons the advisory committee should
3-1 continue in existence; and
3-2 (3) identify any other advisory committees created to
3-3 advise the agency that should be consolidated or abolished.
3-4 (c) As part of the appropriations and budget execution
3-5 process, the governor and the Legislative Budget Board shall
3-6 jointly identify advisory committees that should be abolished. The
3-7 comptroller may recommend to the governor and the Legislative
3-8 Budget Board that an advisory committee should be abolished.
3-9 (d) The General Appropriations Act may provide for
3-10 reimbursing the expenses of members of certain advisory committees
3-11 without providing for reimbursing the expenses of members of other
3-12 advisory committees.
3-13 (e) This section does not apply to an advisory committee the
3-14 services of which are determined by the governing board of a
3-15 retirement system trust fund to be necessary for the performance of
3-16 the governing board's fiduciary duties under the Texas
3-17 Constitution.
3-18 Sec. 5. AGENCY-DEVELOPED STATEMENT OF PURPOSE; REPORTING
3-19 REQUIREMENTS. A state agency that is advised by an advisory
3-20 committee shall adopt rules that:
3-21 (1) state the purpose of the committee; and
3-22 (2) describe the task of the committee and the manner
3-23 in which the committee will report to the agency.
3-24 Sec. 6. AGENCY EVALUATION OF COMMITTEE COSTS AND
3-25 EFFECTIVENESS. A state agency that is advised by an advisory
3-26 committee shall annually evaluate:
3-27 (1) the committee's work;
4-1 (2) the committee's usefulness; and
4-2 (3) the costs related to the committee's existence,
4-3 including the cost of agency staff time spent in support of the
4-4 committee's activities.
4-5 Sec. 7. REPORT TO THE LEGISLATIVE BUDGET BOARD. A state
4-6 agency that is advised by an advisory committee shall report to the
4-7 Legislative Budget Board the information developed in the
4-8 evaluation required by Section 6 of this article. The report shall
4-9 be filed biennially in connection with the agency's request for
4-10 appropriations.
4-11 Sec. 8. DURATION OF ADVISORY COMMITTEES. (a) A state
4-12 agency that is advised by an advisory committee shall establish by
4-13 rule a date on which the committee will automatically be abolished.
4-14 The advisory committee may continue in existence after that date
4-15 only if the governing body of the agency affirmatively votes to
4-16 continue the committee in existence.
4-17 (b) An advisory committee is automatically abolished on the
4-18 fourth anniversary of the date of its creation unless the governing
4-19 body of the agency establishes a different date under Subsection
4-20 (a) of this section.
4-21 (c) This section does not apply to an advisory committee
4-22 that has a specific duration prescribed by statute.
4-23 SECTION 2. As soon as possible after the effective date of
4-24 this Act, a state agency that is advised by an advisory committee
4-25 that is not composed in accordance with Section 2, Article 6252-33,
4-26 Revised Statutes, as added by this Act, shall add or subtract
4-27 members of the advisory committee, as appropriate, to bring the
5-1 composition of the committee into compliance with Section 2. If
5-2 the law, order, or resolution that created the advisory committee
5-3 provided that more than one appointing authority would appoint a
5-4 stated number of members to the committee, the agency shall
5-5 preserve the ratio of members appointed by the different appointing
5-6 authorities. The agency may subtract members of an advisory
5-7 committee as necessary to bring its composition into compliance
5-8 with Section 2 by agreement among the affected members, by lot, or
5-9 by some other reasonable method.
5-10 SECTION 3. An advisory committee as defined in Article
5-11 6252-33, Revised Statutes, as added by this Act, that exists as of
5-12 September 1, 1993, is automatically abolished September 1, 1997,
5-13 unless:
5-14 (1) the governing body of the agency establishes a
5-15 different date under Section 8, Article 6252-33, Revised Statutes;
5-16 or
5-17 (2) the advisory committee has a specific duration
5-18 prescribed by statute.
5-19 SECTION 4. The following advisory entities are abolished:
5-20 (1) the Transportation Audit Committee, created by
5-21 Chapter 23, Acts of the 68th Legislature, 2nd Called Session, 1984
5-22 (Article 6663d, Vernon's Texas Civil Statutes);
5-23 (2) the Campaign Finance Reform Task Force, created by
5-24 executive order;
5-25 (3) the Committee on Water Resources, created by
5-26 executive order;
5-27 (4) the Health Maintenance Organization Advisory
6-1 Committee to the Texas Department of Health;
6-2 (5) the Criminal Justice Education Project Advisory
6-3 Committee, created by executive order;
6-4 (6) the Task Force on Public Utility Regulation,
6-5 created by executive order;
6-6 (7) the Task Force on Waste Management Policy, created
6-7 under the authority of legislative resolutions;
6-8 (8) the Texas Science and Technology Council, created
6-9 by executive order;
6-10 (9) the State Complete Count Census Committee, created
6-11 by executive order;
6-12 (10) the Governor's Welfare Reform Task Force, created
6-13 by executive order;
6-14 (11) the Design Advisory Panel to the General Services
6-15 Commission created by Subsection (b), Section 5.20, State
6-16 Purchasing and General Services Act (Article 601b, Vernon's Texas
6-17 Civil Statutes);
6-18 (12) the advisory committee to the Motorcycle Operator
6-19 Training and Safety Program, created by Section 3, Article 6701c-4,
6-20 Revised Statutes;
6-21 (13) the Texas Summit Committee, appointed to advise
6-22 the Texas Commission on Alcohol and Drug Abuse under Section
6-23 461.012, Health and Safety Code, on developing and promoting a
6-24 culturally relevant abuse prevention strategy;
6-25 (14) the Joint Interim Committee on Proprietary
6-26 Schools, created by Section 4.33, Chapter 813, Acts of the 71st
6-27 Legislature, Regular Session, 1989;
7-1 (15) the Paperwork Reduction Advisory Committee,
7-2 appointed to advise the Central Education Agency in accomplishing
7-3 its duties under Section 21.925, Education Code;
7-4 (16) the Committee on State Revenue Estimates, created
7-5 by Section 403.122, Government Code;
7-6 (17) the FIRST Committee, created by Chapter 436, Acts
7-7 of the 67th Legislature, Regular Session, 1981 (Article 4413(57),
7-8 Vernon's Texas Civil Statutes);
7-9 (18) the Dairy Advisory Board to the Department of
7-10 Agriculture; and
7-11 (19) the family farm and ranch advisory council to the
7-12 Department of Agriculture.
7-13 SECTION 5. The following laws are repealed:
7-14 (1) Subsection (b), Section 5.20, State Purchasing and
7-15 General Services Act (Article 601b, Vernon's Texas Civil Statutes);
7-16 (2) Chapter 23, Acts of the 68th Legislature, 2nd
7-17 Called Session, 1984 (Article 6663d, Vernon's Texas Civil
7-18 Statutes);
7-19 (3) Section 3, Article 6701c-4, Revised Statutes;
7-20 (4) Section 4.33, Chapter 813, Acts of the 71st
7-21 Legislature, Regular Session, 1989;
7-22 (5) Section 403.122, Government Code;
7-23 (6) Chapter 436, Acts of the 67th Legislature, Regular
7-24 Session, 1981 (Article 4413(57), Vernon's Texas Civil Statutes);
7-25 (7) Section 13.202, Agriculture Code; and
7-26 (8) Section 252.013, Agriculture Code.
7-27 SECTION 6. This Act takes effect September 1, 1993.
8-1 SECTION 7. The importance of this legislation and the
8-2 crowded condition of the calendars in both houses create an
8-3 emergency and an imperative public necessity that the
8-4 constitutional rule requiring bills to be read on three several
8-5 days in each house be suspended, and this rule is hereby suspended.