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
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