By:  Barrientos                                        S.B. No. 533
       73R3550 KLL-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to recommendations made by the Texas Ethics Commission and
    1-3  the Sunset Advisory Commission concerning conflict of interest
    1-4  provisions for the governing bodies of state agencies.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 1.11, Chapter 304, Acts of the 72nd
    1-7  Legislature, Regular Session, 1991 (Article 6252-9d.1, Vernon's
    1-8  Texas Civil Statutes), is amended by adding Subsection (g) to read
    1-9  as follows:
   1-10        (g)  As part of the report required by Subsection (a)(4) of
   1-11  this section, the commission shall advise the governor and
   1-12  legislature of any conflict of interest issues relating to the
   1-13  governing bodies of state agencies and shall make recommendations
   1-14  concerning any necessary statutory changes.  The commission shall
   1-15  focus those recommendations on state agencies that are subject to
   1-16  review under the Texas Sunset Act (Chapter 325, Government Code)
   1-17  and that are scheduled to be abolished in the year following the
   1-18  submission of the report but may also make recommendations
   1-19  concerning the governing bodies of other specific state agencies or
   1-20  state agencies in general.
   1-21        SECTION 2.  Section 325.011, Government Code, is amended to
   1-22  read as follows:
   1-23        Sec. 325.011.  Criteria for Review.  The commission and its
   1-24  staff shall consider the following criteria in determining whether
    2-1  a public need exists for the continuation of a state agency or its
    2-2  advisory committees or for the performance of the functions of the
    2-3  agency or its advisory committees:
    2-4              (1)  the efficiency with which the agency or advisory
    2-5  committee operates;
    2-6              (2)  an identification of the objectives intended for
    2-7  the agency or advisory committee and the problem or need that the
    2-8  agency or advisory committee was intended to address, the extent to
    2-9  which the objectives have been achieved, and any activities of the
   2-10  agency in addition to those granted by statute and the authority
   2-11  for these activities;
   2-12              (3)  an assessment of less restrictive or alternative
   2-13  methods of performing any regulation that the agency performs that
   2-14  could adequately protect the public;
   2-15              (4)  the extent to which the advisory committee is
   2-16  needed and is used;
   2-17              (5)  the extent to which the jurisdiction of the agency
   2-18  and the programs administered by the agency overlap or duplicate
   2-19  those of other agencies and the extent to which the programs
   2-20  administered by the agency can be consolidated with the programs of
   2-21  other state agencies;
   2-22              (6)  whether the agency has recommended to the
   2-23  legislature statutory changes calculated to be of benefit to the
   2-24  public rather than to an occupation, business, or institution that
   2-25  the agency regulates;
   2-26              (7)  the promptness and effectiveness with which the
   2-27  agency disposes of complaints concerning persons affected by the
    3-1  agency;
    3-2              (8)  the extent to which the agency has encouraged
    3-3  participation by the public in making its rules and decisions as
    3-4  opposed to participation solely by those it regulates and the
    3-5  extent to which the public participation has resulted in rules
    3-6  compatible with the objectives of the agency;
    3-7              (9)  the extent to which the agency has complied with
    3-8  applicable requirements of an agency of the United States or of
    3-9  this state regarding equality of employment opportunity and the
   3-10  rights and privacy of individuals;
   3-11              (10)  the extent to which changes are necessary in the
   3-12  enabling statutes of the agency so that the agency can adequately
   3-13  comply with the criteria listed in this section;
   3-14              (11)  after consulting with the Texas Ethics
   3-15  Commission, the extent to which changes are necessary in the
   3-16  enabling statutes of the agency to adequately address potential
   3-17  conflicts of interest of the members of its governing body;
   3-18              (12)  the extent to which the agency issues and
   3-19  enforces rules relating to potential conflicts of interest of its
   3-20  employees;
   3-21              (13) <(12)>  the extent to which the agency complies
   3-22  with the open records law, Chapter 424, Acts of the 63rd
   3-23  Legislature, Regular Session, 1973 (Article 6252-17a, Vernon's
   3-24  Texas Civil Statutes), and with the open meetings law, Chapter 271,
   3-25  Acts of the 60th Legislature, Regular Session, 1967 (Article
   3-26  6252-17, Vernon's Texas Civil Statutes); and
   3-27              (14) <(13)>  the effect of federal intervention or loss
    4-1  of federal funds if the agency is abolished.
    4-2        SECTION 3.  The importance of this legislation and the
    4-3  crowded condition of the calendars in both houses create an
    4-4  emergency and an imperative public necessity that the
    4-5  constitutional rule requiring bills to be read on three several
    4-6  days in each house be suspended, and this rule is hereby suspended,
    4-7  and that this Act take effect and be in force from and after its
    4-8  passage, and it is so enacted.