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 3-60 ------------------------------------------------------------------- 3-61 Name: Tina Holmes x 3-62 Representing: State Comptroller - TPR 3-63 City: Austin 3-64 -------------------------------------------------------------------