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.