By: Barrientos S.B. No. 533
A BILL TO BE ENTITLED
AN ACT
1-1 relating to recommendations made by the Texas Ethics Commission and
1-2 the Sunset Advisory Commission concerning conflict of interest
1-3 provisions for the governing bodies of state agencies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 1.11, Chapter 304, Acts of the 72nd
1-6 Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
1-7 Texas Civil Statutes), is amended by adding Subsection (g) to read
1-8 as follows:
1-9 (g) As part of the report required by Subsection (a)(4) of
1-10 this section, the commission shall advise the governor and
1-11 legislature of any conflict of interest issues relating to the
1-12 governing bodies of state agencies and shall make recommendations
1-13 concerning any necessary statutory changes. The commission shall
1-14 focus those recommendations on state agencies that are subject to
1-15 review under the Texas Sunset Act (Chapter 325, Government Code)
1-16 and that are scheduled to be abolished in the year following the
1-17 submission of the report but may also make recommendations
1-18 concerning the governing bodies of other specific state agencies or
1-19 state agencies in general.
1-20 SECTION 2. Section 325.011, Government Code, is amended to
1-21 read as follows:
1-22 Sec. 325.011. Criteria for Review. The commission and its
1-23 staff shall consider the following criteria in determining whether
1-24 a public need exists for the continuation of a state agency or its
2-1 advisory committees or for the performance of the functions of the
2-2 agency or its advisory committees:
2-3 (1) the efficiency with which the agency or advisory
2-4 committee operates;
2-5 (2) an identification of the objectives intended for
2-6 the agency or advisory committee and the problem or need that the
2-7 agency or advisory committee was intended to address, the extent to
2-8 which the objectives have been achieved, and any activities of the
2-9 agency in addition to those granted by statute and the authority
2-10 for these activities;
2-11 (3) an assessment of less restrictive or alternative
2-12 methods of performing any regulation that the agency performs that
2-13 could adequately protect the public;
2-14 (4) the extent to which the advisory committee is
2-15 needed and is used;
2-16 (5) the extent to which the jurisdiction of the agency
2-17 and the programs administered by the agency overlap or duplicate
2-18 those of other agencies and the extent to which the programs
2-19 administered by the agency can be consolidated with the programs of
2-20 other state agencies;
2-21 (6) whether the agency has recommended to the
2-22 legislature statutory changes calculated to be of benefit to the
2-23 public rather than to an occupation, business, or institution that
2-24 the agency regulates;
2-25 (7) the promptness and effectiveness with which the
2-26 agency disposes of complaints concerning persons affected by the
2-27 agency;
3-1 (8) the extent to which the agency has encouraged
3-2 participation by the public in making its rules and decisions as
3-3 opposed to participation solely by those it regulates and the
3-4 extent to which the public participation has resulted in rules
3-5 compatible with the objectives of the agency;
3-6 (9) the extent to which the agency has complied with
3-7 applicable requirements of an agency of the United States or of
3-8 this state regarding equality of employment opportunity and the
3-9 rights and privacy of individuals;
3-10 (10) the extent to which changes are necessary in the
3-11 enabling statutes of the agency so that the agency can adequately
3-12 comply with the criteria listed in this section;
3-13 (11) after consulting with the Texas Ethics
3-14 Commission, the extent to which changes are necessary in the
3-15 enabling statutes of the agency to adequately address potential
3-16 conflicts of interest of the members of its governing body;
3-17 (12) the extent to which the agency issues and
3-18 enforces rules relating to potential conflicts of interest of its
3-19 employees;
3-20 (13) <(12)> the extent to which the agency complies
3-21 with the open records law, Chapter 424, Acts of the 63rd
3-22 Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
3-23 Texas Civil Statutes), and with the open meetings law, Chapter 271,
3-24 Acts of the 60th Legislature, Regular Session, 1967 (Article
3-25 6252-17, Vernon's Texas Civil Statutes); and
3-26 (14) <(13)> the effect of federal intervention or loss
3-27 of federal funds if the agency is abolished.
4-1 SECTION 3. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended,
4-6 and that this Act take effect and be in force from and after its
4-7 passage, and it is so enacted.