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.