1-1  By:  Truan                                             S.B. No. 383
    1-2        (In the Senate - Filed February 17, 1993; February 18, 1993,
    1-3  read first time and referred to Committee on Finance;
    1-4  February 24, 1993, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 11, Nays 0;
    1-6  February 24, 1993, sent to printer.)
    1-7                            COMMITTEE VOTE
    1-8                          Yea     Nay      PNV      Absent 
    1-9        Montford           x                               
   1-10        Turner             x                               
   1-11        Armbrister                                     x   
   1-12        Barrientos         x                               
   1-13        Bivins             x                               
   1-14        Ellis                                          x   
   1-15        Haley              x                               
   1-16        Moncrief           x                               
   1-17        Parker             x                               
   1-18        Ratliff            x                               
   1-19        Sims               x                               
   1-20        Truan              x                               
   1-21        Zaffirini          x                               
   1-22  COMMITTEE SUBSTITUTE FOR S.B. No. 383                    By:  Truan
   1-23                         A BILL TO BE ENTITLED
   1-24                                AN ACT
   1-25  relating to the existence, composition, and expenses of state
   1-26  agency advisory committees.
   1-27        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-28        SECTION 1.  Title 110A, Revised Statutes, is amended by
   1-29  adding Article 6252-33 to read as follows:
   1-30        Art. 6252-33.  STATE AGENCY ADVISORY COMMITTEES
   1-31        Sec. 1.  DEFINITION.  In this article, "advisory committee"
   1-32  means a committee, council, commission, task force, or other entity
   1-33  in the executive branch of state government that:
   1-34              (1)  is not a state agency;
   1-35              (2)  is created by or under state law; and
   1-36              (3)  has as its primary function advising a state
   1-37  agency.
   1-38        Sec. 2.  COMPOSITION OF ADVISORY COMMITTEES.  Notwithstanding
   1-39  other law, an advisory committee must be composed of a reasonable
   1-40  number of members not to exceed 24 members.  The composition of the
   1-41  committee must also provide a balanced representation between:
   1-42              (1)  industries or occupations regulated or directly
   1-43  affected by the advised state agency; and
   1-44              (2)  consumers of services provided either by the
   1-45  advised state agency or by industries or occupations regulated by
   1-46  the agency.
   1-47        Sec. 3.  PRESIDING OFFICER.  (a)  An advisory committee shall
   1-48  select from among its members a presiding officer, unless a
   1-49  different procedure for selecting the presiding officer is
   1-50  prescribed by other law.
   1-51        (b)  The presiding officer shall preside over the advisory
   1-52  committee and report to the advised state agency.
   1-53        Sec. 4.  REIMBURSEMENT OF MEMBERS' EXPENSES; APPROPRIATIONS
   1-54  PROCESS.  (a)  Notwithstanding other law, the manner and amount of
   1-55  reimbursement for expenses, including travel expenses, of members
   1-56  of an advisory committee may be prescribed only:
   1-57              (1)  by the General Appropriations Act; or
   1-58              (2)  through the budget execution process under Chapter
   1-59  317, Government Code, if the advisory committee is created after it
   1-60  is practicable to address the existence of the committee in the
   1-61  General Appropriations Act.
   1-62        (b)  A state agency that is advised by an advisory committee
   1-63  must request authority to reimburse the expenses of members of the
   1-64  committee through the appropriations or budget execution process,
   1-65  as appropriate, if the agency determines that the expenses of
   1-66  committee members should be reimbursed.  The request must:
   1-67              (1)  identify the costs related to the advisory
   1-68  committee's existence, including the cost of agency staff time
    2-1  spent in support of the committee's activities;
    2-2              (2)  state the reasons the advisory committee should
    2-3  continue in existence; and
    2-4              (3)  identify any other advisory committees created to
    2-5  advise the agency that should be consolidated or abolished.
    2-6        (c)  As part of the appropriations and budget execution
    2-7  process, the governor and the Legislative Budget Board shall
    2-8  jointly identify advisory committees that should be abolished.  The
    2-9  comptroller may recommend to the governor and the Legislative
   2-10  Budget Board that an advisory committee should be abolished.
   2-11        (d)  The General Appropriations Act may provide for
   2-12  reimbursing the expenses of members of certain advisory committees
   2-13  without providing for reimbursing the expenses of members of other
   2-14  advisory committees.
   2-15        Sec. 5.  AGENCY-DEVELOPED STATEMENT OF PURPOSE; REPORTING
   2-16  REQUIREMENTS.  A state agency that is advised by an advisory
   2-17  committee shall adopt rules that:
   2-18              (1)  state the purpose of the committee; and
   2-19              (2)  describe the task of the committee and the manner
   2-20  in which the committee will report to the agency.
   2-21        Sec. 6.  AGENCY EVALUATION OF COMMITTEE COSTS AND
   2-22  EFFECTIVENESS.  A state agency that is advised by an advisory
   2-23  committee shall annually evaluate:
   2-24              (1)  the committee's work;
   2-25              (2)  the committee's usefulness; and
   2-26              (3)  the costs related to the committee's existence,
   2-27  including the cost of agency staff time spent in support of the
   2-28  committee's activities.
   2-29        Sec. 7.  REPORT TO THE LEGISLATIVE BUDGET BOARD.  A state
   2-30  agency that is advised by an advisory committee shall report to the
   2-31  Legislative Budget Board the information developed in the
   2-32  evaluation required by Section 6 of this article.  The report shall
   2-33  be filed biennially in connection with the agency's request for
   2-34  appropriations.
   2-35        Sec. 8.  DURATION OF ADVISORY COMMITTEES.  (a)  A state
   2-36  agency that is advised by an advisory committee shall establish by
   2-37  rule a date on which the committee will automatically be abolished.
   2-38  The advisory committee may continue in existence after that date
   2-39  only if the governing body of the agency affirmatively votes to
   2-40  continue the committee in existence.
   2-41        (b)  An advisory committee is automatically abolished on the
   2-42  fourth anniversary of the date of its creation unless the governing
   2-43  body of the agency establishes a different date under Subsection
   2-44  (a) of this section.
   2-45        (c)  This section does not apply to an advisory committee
   2-46  that has a specific duration prescribed by statute.
   2-47        SECTION 2.  As soon as possible after the effective date of
   2-48  this Act, a state agency that is advised by an advisory committee
   2-49  that is not composed in accordance with Section 2, Article 6252-33,
   2-50  Revised Statutes, as added by this Act, shall add or subtract
   2-51  members of the advisory committee, as appropriate, to bring the
   2-52  composition of the committee into compliance with Section 2.  If
   2-53  the law, order, or resolution that created the advisory committee
   2-54  provided that more than one appointing authority would appoint a
   2-55  stated number of members to the committee, the agency shall
   2-56  preserve the ratio of members appointed by the different appointing
   2-57  authorities.  The agency may subtract members of an advisory
   2-58  committee as necessary to bring its composition into compliance
   2-59  with Section 2 by agreement among the affected members, by lot, or
   2-60  by some other reasonable method.
   2-61        SECTION 3.  An advisory committee as defined in Article
   2-62  6252-33, Revised Statutes, as added by this Act, is automatically
   2-63  abolished September 1, 1997, unless:
   2-64              (1)  the governing body of the agency establishes a
   2-65  different date under Section 8, Article 6252-33, Revised Statutes;
   2-66  or
   2-67              (2)  the advisory committee has a specific duration
   2-68  prescribed by statute.
   2-69        SECTION 4.  The following advisory entities are abolished:
   2-70              (1)  the Transportation Audit Committee, created by
    3-1  Chapter 23, Acts of the 68th Legislature, 2nd Called Session, 1984
    3-2  (Article 6663d, Vernon's Texas Civil Statutes);
    3-3              (2)  the Campaign Finance Reform Task Force, created by
    3-4  executive order;
    3-5              (3)  the Committee on Water Resources, created by
    3-6  executive order;
    3-7              (4)  the Health Maintenance Organization Advisory
    3-8  Committee to the Texas Department of Health;
    3-9              (5)  the Criminal Justice Education Project Advisory
   3-10  Committee, created by executive order;
   3-11              (6)  the Task Force on Public Utility Regulation,
   3-12  created by executive order;
   3-13              (7)  the Task Force on Waste Management Policy, created
   3-14  under the authority of legislative resolutions;
   3-15              (8)  the Texas Science and Technology Council, created
   3-16  by executive order;
   3-17              (9)  the State Complete Count Census Committee, created
   3-18  by executive order;
   3-19              (10)  the Governor's Welfare Reform Task Force, created
   3-20  by executive order; and
   3-21              (11)  the Design Advisory Panel to the General Services
   3-22  Commission created by Subsection (b), Section 5.20, State
   3-23  Purchasing and General Services Act (Article 601b, Vernon's Texas
   3-24  Civil Statutes).
   3-25        SECTION 5.  The following laws are repealed:
   3-26              (1)  Subsection (b), Section 5.20, State Purchasing and
   3-27  General Services Act (Article 601b, Vernon's Texas Civil Statutes);
   3-28  and
   3-29              (2)  Chapter 23, Acts of the 68th Legislature, 2nd
   3-30  Called Session, 1984 (Article 6663d, Vernon's Texas Civil
   3-31  Statutes).
   3-32        SECTION 6.  This Act takes effect September 1, 1993.
   3-33        SECTION 7.  The importance of this legislation and the
   3-34  crowded condition of the calendars in both houses create an
   3-35  emergency and an imperative public necessity that the
   3-36  constitutional rule requiring bills to be read on three several
   3-37  days in each house be suspended, and this rule is hereby suspended.
   3-38                               * * * * *
   3-39                                                         Austin,
   3-40  Texas
   3-41                                                         February 24,
   3-42  1993
   3-43  Hon. Bob Bullock
   3-44  President of the Senate
   3-45  Sir:
   3-46  We, your Committee on Finance to which was referred S.B. No. 383,
   3-47  have had the same under consideration, and I am instructed to
   3-48  report it back to the Senate with the recommendation that it do not
   3-49  pass, but that the Committee Substitute adopted in lieu thereof do
   3-50  pass and be printed.
   3-51                                                         Montford,
   3-52  Chairman
   3-53                               * * * * *
   3-54                               WITNESSES
   3-55                                                  FOR   AGAINST  ON
   3-56  ___________________________________________________________________
   3-57  Name:  Thomas Plaut                                            x
   3-58  Representing:  State Comptroller
   3-59  City:  Austin
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   3-61  Name:  Tina Holmes                                             x
   3-62  Representing:  State Comptroller - TPR
   3-63  City:  Austin
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