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.