73R8512 JRD-D
By Truan S.B. No. 383
Substitute the following for S.B. No. 383:
By Marchant C.S.S.B. No. 383
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the existence, composition, and expenses of state
1-3 agency advisory committees.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 110A, Revised Statutes, is amended by
1-6 adding Article 6252-33 to read as follows:
1-7 Art. 6252-33. STATE AGENCY ADVISORY COMMITTEES
1-8 Sec. 1. DEFINITION. In this article, "advisory committee"
1-9 means a committee, council, commission, task force, or other entity
1-10 in the executive branch of state government that:
1-11 (1) is not a state agency;
1-12 (2) is created by or under state law; and
1-13 (3) has as its primary function advising a state
1-14 agency.
1-15 Sec. 2. COMPOSITION OF ADVISORY COMMITTEES.
1-16 (a) Notwithstanding other law, an advisory committee must be
1-17 composed of a reasonable number of members not to exceed 24
1-18 members. The composition of the committee must also provide a
1-19 balanced representation between:
1-20 (1) industries or occupations regulated or directly
1-21 affected by the advised state agency; and
1-22 (2) consumers of services provided either by the
1-23 advised state agency or by industries or occupations regulated by
1-24 the agency.
2-1 (b) This section does not apply to an advisory committee if
2-2 the committee must be composed in a manner that is inconsistent
2-3 with this section under federal law or for federal funding
2-4 purposes.
2-5 Sec. 3. PRESIDING OFFICER. (a) An advisory committee shall
2-6 select from among its members a presiding officer, unless a
2-7 different procedure for selecting the presiding officer is
2-8 prescribed by other law.
2-9 (b) The presiding officer shall preside over the advisory
2-10 committee and report to the advised state agency.
2-11 Sec. 4. REIMBURSEMENT OF MEMBERS' EXPENSES; APPROPRIATIONS
2-12 PROCESS. (a) Notwithstanding other law, the manner and amount of
2-13 reimbursement for expenses, including travel expenses, of members
2-14 of an advisory committee may be prescribed only:
2-15 (1) by the General Appropriations Act; or
2-16 (2) through the budget execution process under Chapter
2-17 317, Government Code, if the advisory committee is created after it
2-18 is practicable to address the existence of the committee in the
2-19 General Appropriations Act.
2-20 (b) A state agency that is advised by an advisory committee
2-21 must request authority to reimburse the expenses of members of the
2-22 committee through the appropriations or budget execution process,
2-23 as appropriate, if the agency determines that the expenses of
2-24 committee members should be reimbursed. The request must:
2-25 (1) identify the costs related to the advisory
2-26 committee's existence, including the cost of agency staff time
2-27 spent in support of the committee's activities;
3-1 (2) state the reasons the advisory committee should
3-2 continue in existence; and
3-3 (3) identify any other advisory committees created to
3-4 advise the agency that should be consolidated or abolished.
3-5 (c) As part of the appropriations and budget execution
3-6 process, the governor and the Legislative Budget Board shall
3-7 jointly identify advisory committees that should be abolished. The
3-8 comptroller may recommend to the governor and the Legislative
3-9 Budget Board that an advisory committee should be abolished.
3-10 (d) The General Appropriations Act may provide for
3-11 reimbursing the expenses of members of certain advisory committees
3-12 without providing for reimbursing the expenses of members of other
3-13 advisory committees.
3-14 (e) This section does not apply to an advisory committee the
3-15 services of which are determined by the governing board of a
3-16 retirement system trust fund to be necessary for the performance of
3-17 the governing board's fiduciary duties under the Texas
3-18 Constitution.
3-19 Sec. 5. AGENCY-DEVELOPED STATEMENT OF PURPOSE; REPORTING
3-20 REQUIREMENTS. A state agency that is advised by an advisory
3-21 committee shall adopt rules that:
3-22 (1) state the purpose of the committee; and
3-23 (2) describe the task of the committee and the manner
3-24 in which the committee will report to the agency.
3-25 Sec. 6. AGENCY EVALUATION OF COMMITTEE COSTS AND
3-26 EFFECTIVENESS. A state agency that is advised by an advisory
3-27 committee shall annually evaluate:
4-1 (1) the committee's work;
4-2 (2) the committee's usefulness; and
4-3 (3) the costs related to the committee's existence,
4-4 including the cost of agency staff time spent in support of the
4-5 committee's activities.
4-6 Sec. 7. REPORT TO THE LEGISLATIVE BUDGET BOARD. A state
4-7 agency that is advised by an advisory committee shall report to the
4-8 Legislative Budget Board the information developed in the
4-9 evaluation required by Section 6 of this article. The report shall
4-10 be filed biennially in connection with the agency's request for
4-11 appropriations.
4-12 Sec. 8. DURATION OF ADVISORY COMMITTEES. (a) A state
4-13 agency that is advised by an advisory committee shall establish by
4-14 rule a date on which the committee will automatically be abolished.
4-15 The advisory committee may continue in existence after that date
4-16 only if the governing body of the agency affirmatively votes to
4-17 continue the committee in existence.
4-18 (b) An advisory committee is automatically abolished on the
4-19 fourth anniversary of the date of its creation unless the governing
4-20 body of the agency establishes a different date under Subsection
4-21 (a) of this section.
4-22 (c) This section does not apply to an advisory committee
4-23 that has a specific duration prescribed by statute.
4-24 SECTION 2. As soon as possible after the effective date of
4-25 this Act, a state agency that is advised by an advisory committee
4-26 that is not composed in accordance with Section 2, Article 6252-33,
4-27 Revised Statutes, as added by this Act, shall add or subtract
5-1 members of the advisory committee, as appropriate, to bring the
5-2 composition of the committee into compliance with Section 2. If
5-3 the law, order, or resolution that created the advisory committee
5-4 provided that more than one appointing authority would appoint a
5-5 stated number of members to the committee, the agency shall
5-6 preserve the ratio of members appointed by the different appointing
5-7 authorities. The agency may subtract members of an advisory
5-8 committee as necessary to bring its composition into compliance
5-9 with Section 2 by agreement among the affected members, by lot, or
5-10 by some other reasonable method.
5-11 SECTION 3. An advisory committee as defined in Article
5-12 6252-33, Revised Statutes, as added by this Act, that exists as of
5-13 September 1, 1993, is automatically abolished September 1, 1997,
5-14 unless:
5-15 (1) the governing body of the agency establishes a
5-16 different date under Section 8, Article 6252-33, Revised Statutes;
5-17 or
5-18 (2) the advisory committee has a specific duration
5-19 prescribed by statute.
5-20 SECTION 4. The following advisory entities are abolished:
5-21 (1) the Transportation Audit Committee, created by
5-22 Chapter 23, Acts of the 68th Legislature, 2nd Called Session, 1984
5-23 (Article 6663d, Vernon's Texas Civil Statutes);
5-24 (2) the Campaign Finance Reform Task Force, created by
5-25 executive order;
5-26 (3) the Committee on Water Resources, created by
5-27 executive order;
6-1 (4) the Health Maintenance Organization Advisory
6-2 Committee to the Texas Department of Health;
6-3 (5) the Criminal Justice Education Project Advisory
6-4 Committee, created by executive order;
6-5 (6) the Task Force on Public Utility Regulation,
6-6 created by executive order;
6-7 (7) the Task Force on Waste Management Policy, created
6-8 under the authority of legislative resolutions;
6-9 (8) the Texas Science and Technology Council, created
6-10 by executive order;
6-11 (9) the State Complete Count Census Committee, created
6-12 by executive order;
6-13 (10) the Governor's Welfare Reform Task Force, created
6-14 by executive order;
6-15 (11) the Design Advisory Panel to the General Services
6-16 Commission created by Section 5.20(b), State Purchasing and General
6-17 Services Act (Article 601b, Vernon's Texas 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; and
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 SECTION 5. The following laws are repealed:
7-10 (1) Section 5.20(b), State Purchasing and General
7-11 Services Act (Article 601b, Vernon's Texas Civil Statutes);
7-12 (2) Chapter 23, Acts of the 68th Legislature, 2nd
7-13 Called Session, 1984 (Article 6663d, Vernon's Texas Civil
7-14 Statutes);
7-15 (3) Section 3, Article 6701c-4, Revised Statutes;
7-16 (4) Section 4.33, Chapter 813, Acts of the 71st
7-17 Legislature, Regular Session, 1989;
7-18 (5) Section 403.122, Government Code; and
7-19 (6) Chapter 436, Acts of the 67th Legislature, Regular
7-20 Session, 1981 (Article 4413(57), Vernon's Texas Civil Statutes).
7-21 SECTION 6. This Act takes effect September 1, 1993.
7-22 SECTION 7. The importance of this legislation and the
7-23 crowded condition of the calendars in both houses create an
7-24 emergency and an imperative public necessity that the
7-25 constitutional rule requiring bills to be read on three several
7-26 days in each house be suspended, and this rule is hereby suspended.