By Ellis                                              S.B. No. 1200
       74R6556 JRD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to requiring the Sunset Advisory Commission to consider a
    1-3  state agency's compliance with state purchasing programs for
    1-4  assisting historically underutilized businesses during the
    1-5  commission's sunset review of the agency.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Section 325.011, Government Code, is amended to
    1-8  read as follows:
    1-9        Sec. 325.011.  Criteria for Review.  The commission and its
   1-10  staff shall consider the following criteria in determining whether
   1-11  a public need exists for the continuation of a state agency or its
   1-12  advisory committees or for the performance of the functions of the
   1-13  agency or its advisory committees:
   1-14              (1)  the efficiency with which the agency or advisory
   1-15  committee operates;
   1-16              (2)  an identification of the objectives intended for
   1-17  the agency or advisory committee and the problem or need that the
   1-18  agency or advisory committee was intended to address, the extent to
   1-19  which the objectives have been achieved, and any activities of the
   1-20  agency in addition to those granted by statute and the authority
   1-21  for these activities;
   1-22              (3)  an assessment of less restrictive or alternative
   1-23  methods of performing any regulation that the agency performs that
   1-24  could adequately protect the public;
    2-1              (4)  the extent to which the advisory committee is
    2-2  needed and is used;
    2-3              (5)  the extent to which the jurisdiction of the agency
    2-4  and the programs administered by the agency overlap or duplicate
    2-5  those of other agencies and the extent to which the programs
    2-6  administered by the agency can be consolidated with the programs of
    2-7  other state agencies;
    2-8              (6)  whether the agency has recommended to the
    2-9  legislature statutory changes calculated to be of benefit to the
   2-10  public rather than to an occupation, business, or institution that
   2-11  the agency regulates;
   2-12              (7)  the promptness and effectiveness with which the
   2-13  agency disposes of complaints concerning persons affected by the
   2-14  agency;
   2-15              (8)  the extent to which the agency has encouraged
   2-16  participation by the public in making its rules and decisions as
   2-17  opposed to participation solely by those it regulates and the
   2-18  extent to which the public participation has resulted in rules
   2-19  compatible with the objectives of the agency;
   2-20              (9)  the extent to which the agency has complied with
   2-21  applicable requirements of state and federal law, of an agency of
   2-22  the United States, or of an agency of this state regarding equality
   2-23  of employment opportunity, equality of contracting opportunity for
   2-24  vendors as evidenced by the agency's compliance with applicable
   2-25  purchasing  goals and programs for historically underutilized
   2-26  businesses, and the rights and privacy of individuals;
   2-27              (10)  the extent to which changes are necessary in the
    3-1  enabling statutes of the agency so that the agency can adequately
    3-2  comply with the criteria listed in this section;
    3-3              (11)  the extent to which the agency issues and
    3-4  enforces rules relating to potential conflicts of interest of its
    3-5  employees;
    3-6              (12)  the extent to which the agency complies with the
    3-7  open records law, Chapter 424, Acts of the 63rd Legislature,
    3-8  Regular Session, 1973 (Article 6252-17a, Vernon's Texas Civil
    3-9  Statutes), and with the open meetings law, Chapter 271, Acts of the
   3-10  60th Legislature, Regular Session, 1967 (Article 6252-17, Vernon's
   3-11  Texas Civil Statutes); and
   3-12              (13)  the effect of federal intervention or loss of
   3-13  federal funds if the agency is abolished.
   3-14        SECTION 2.  The importance of this legislation and the
   3-15  crowded condition of the calendars in both houses create an
   3-16  emergency and an imperative public necessity that the
   3-17  constitutional rule requiring bills to be read on three several
   3-18  days in each house be suspended, and this rule is hereby suspended,
   3-19  and that this Act take effect and be in force from and after its
   3-20  passage, and it is so enacted.