By: Cain S.B. No. 1428
A BILL TO BE ENTITLED
AN ACT
1-1 relating to abolishing certain state governmental entities.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 ARTICLE 1. ABOLITION OF BEACH STUDY COMMITTEE
1-4 SECTION 1.01. The beach study committee is abolished.
1-5 SECTION 1.02. Subchapter G, Chapter 61, Natural Resources
1-6 Code, is repealed.
1-7 ARTICLE 2. ABOLITION OF TEXAS CHILDREN
1-8 2000 ORGANIZATIONAL COMMITTEE
1-9 SECTION 2.01. The Texas Children 2000 Organizational
1-10 Committee is abolished.
1-11 SECTION 2.02. Chapter 78, Human Resources Code, is repealed.
1-12 ARTICLE 3. ABOLITION OF JOINT INTERIM COMMITTEE ON THE TEXAS
1-13 CULTURAL ENDOWMENT FUND
1-14 SECTION 3.01. The joint interim committee on the Texas
1-15 Cultural Endowment Fund is abolished.
1-16 SECTION 3.02. Subsection (b), Section 7, Chapter 951, Acts
1-17 of the 73rd Legislature, 1993, is repealed.
1-18 ARTICLE 4. ABOLITION OF TEXAS PARTNERSHIP
1-19 FOR ECONOMIC DEVELOPMENT
1-20 SECTION 4.01. The Texas Partnership for Economic Development
1-21 is abolished. If the partnership has been organized as a nonprofit
1-22 corporation, the partnership may continue to exist after the
1-23 effective date of this Act only for the purposes of dissolving and
1-24 of disposing of any unencumbered assets in accordance with law. If
2-1 the partnership has not been organized as a nonprofit corporation,
2-2 any unencumbered assets of the partnership, including property and
2-3 records, are transferred to the Texas Department of Commerce.
2-4 SECTION 4.02. Subchapter Z, Chapter 481, Government Code, is
2-5 repealed.
2-6 ARTICLE 5. ABOLITION OF EDWARDS AQUIFER LEGISLATIVE
2-7 OVERSIGHT COMMITTEE
2-8 SECTION 5.01. The Edwards Aquifer Legislative Oversight
2-9 Committee is abolished.
2-10 SECTION 5.02. Section 3.01, Chapter 626, Acts of the 73rd
2-11 Legislature, 1993, is repealed.
2-12 ARTICLE 6. ABOLITION OF EDUCATIONAL ECONOMIC POLICY CENTER
2-13 SECTION 6.01. The Educational Economic Policy Center is
2-14 abolished.
2-15 SECTION 6.02. Subsections (d) and (h), Section 11.271,
2-16 Education Code, are amended to read as follows:
2-17 (d) Each fiscal year, the board, after deducting the cost of
2-18 administration not to exceed an amount set by appropriation, shall
2-19 make disbursements from the public education development fund to
2-20 <the Educational Economic Policy Center in a total amount approved
2-21 by the Legislative Budget Board. The board shall disburse the
2-22 remainder of the fund to> eligible school campuses.
2-23 (h) From funds appropriated for the public education
2-24 development fund, the comptroller shall issue warrants to <the
2-25 Educational Economic Policy Center and to> each eligible school
2-26 campus's school district in the amount certified by the board to
2-27 the comptroller.
3-1 SECTION 6.03. Subsection (i), Section 11.271, Education
3-2 Code, is repealed.
3-3 SECTION 6.04. Subchapter C, Chapter 34, Education Code, is
3-4 repealed.
3-5 ARTICLE 7. ABOLITION OF ENVIRONMENTAL ADVISORY COMMITTEE
3-6 TO THE TEXAS DEPARTMENT OF TRANSPORTATION
3-7 SECTION 7.01. The environmental advisory committee to the
3-8 Texas Department of Transportation is abolished.
3-9 SECTION 7.02. Section 2, Article 6673g, Revised Statutes, as
3-10 added by Section 17, Chapter 551, Acts of the 72nd Legislature,
3-11 Regular Session, 1991, is repealed.
3-12 ARTICLE 8. ABOLITION OF GATEWAY STATE PARK BOARD
3-13 SECTION 8.01. The Gateway State Park Board is abolished.
3-14 SECTION 8.02. Section 22.243, Parks and Wildlife Code, is
3-15 amended to read as follows:
3-16 Sec. 22.243. POWERS AND DUTIES OF DEPARTMENT <BOARD>.
3-17 <(a)> The <board shall lease Gateway State Park from the>
3-18 department <and> shall operate and maintain the park as a state
3-19 park. The department <may provide funds to the board for the
3-20 operation and maintenance of the park.>
3-21 <(b) The board> may:
3-22 (1) set and charge reasonable fees for entrance to the
3-23 park and for any other services as appropriate;
3-24 (2) grant concessions and leases in the park;
3-25 (3) hire personnel necessary to perform its duties
3-26 under this subchapter;
3-27 (4) establish and enforce rules and regulations for
4-1 use of the park;
4-2 (5) lease portions of the park and contract for
4-3 mineral, agricultural, or any other purposes; and
4-4 (6) retain all fees, charges, rentals, concession
4-5 proceeds, and other revenues generated in the park from any source
4-6 for use in the park for operation, maintenance, policing, or
4-7 capital improvements.
4-8 SECTION 8.03. Subsection (d), Section 22.241, Parks and
4-9 Wildlife Code, is repealed.
4-10 SECTION 8.04. Section 22.242, Parks and Wildlife Code, is
4-11 repealed.
4-12 ARTICLE 9. ABOLITION OF TEXAS HAZARDOUS MATERIALS SAFETY COUNCIL
4-13 SECTION 9.01. The Texas Hazardous Materials Safety Council
4-14 is abolished.
4-15 SECTION 9.02. Chapter 504, Health and Safety Code, is
4-16 repealed.
4-17 ARTICLE 10. ABOLITION OF TEXAS INNOVATION INFORMATION
4-18 NETWORK SYSTEM
4-19 SECTION 10.01. The Texas Innovation Information Network
4-20 System is abolished. The system may continue to exist after the
4-21 effective date of this Act only for the purposes of dissolving and
4-22 of disposing of any unencumbered assets in accordance with law.
4-23 SECTION 10.02. Subchapter D, Chapter 88, Education Code, is
4-24 repealed.
4-25 ARTICLE 11. ABOLITION OF TEXAS ADVISORY COMMISSION ON
4-26 INTERGOVERNMENTAL RELATIONS
4-27 SECTION 11.01. The Texas Advisory Commission on
5-1 Intergovernmental Relations is abolished.
5-2 SECTION 11.02. Chapter 741, Government Code, is repealed.
5-3 ARTICLE 12. ABOLITION OF SELECT COMMITTEE ON RATE AND
5-4 POLICY FORM REGULATION
5-5 SECTION 12.01. The select committee on rate and policy form
5-6 regulation is abolished.
5-7 SECTION 12.02. Article 1.50, Insurance Code, is repealed.
5-8 ARTICLE 13. ABOLITION OF JOB TRAINING PARTNERSHIP ACT MONITORING
5-9 COMMITTEE
5-10 SECTION 13.01. The job training partnership act monitoring
5-11 committee is abolished.
5-12 SECTION 13.02. Section 301.027, Labor Code, is amended to
5-13 read as follows:
5-14 Sec. 301.027. SUBMISSION OF AUDIT INFORMATION <TO
5-15 COMMITTEE>. <(a) To obtain information necessary to monitor the
5-16 progress of the implementation of this chapter, the committee is
5-17 entitled to receive the results of audits that relate to state and
5-18 local job training plans. The committee may prescribe the form in
5-19 which the results are reported to the committee.>
5-20 <(b) The state auditor shall submit to the committee the
5-21 results of a financial audit, effectiveness audit, or compliance
5-22 audit conducted under Section 321.013, Government Code, that relate
5-23 to the operation of an employment, job training, or related program
5-24 administered by a state agency.>
5-25 <(c)> The private industry council and appropriate chief
5-26 elected official of each service delivery area shall submit to the
5-27 state auditor, in the manner directed by the state auditor, the
6-1 results of an audit conducted under audit procedures established
6-2 under Section 301.052(b) that relates to the operation of the
6-3 service delivery area's program of job training, employment, or
6-4 related services. <The state auditor shall compile a summary of
6-5 audit results from the information received from each service
6-6 delivery area and shall submit the summary in writing to the
6-7 committee.>
6-8 SECTION 13.03. Section 301.026, Labor Code, is repealed.
6-9 ARTICLE 14. ABOLITION OF UNIFORM JURY HANDBOOK LEGISLATIVE
6-10 OVERSIGHT COMMITTEE
6-11 SECTION 14.01. The uniform jury handbook legislative
6-12 oversight committee is abolished.
6-13 SECTION 14.02. Subsection (a), Section 2, Chapter 833, Acts
6-14 of the 73rd Legislature, 1993, is repealed.
6-15 ARTICLE 15. ABOLITION OF LEGISLATIVE CRIMINAL JUSTICE BOARD
6-16 SECTION 15.01. The Legislative Criminal Justice Board is
6-17 abolished.
6-18 SECTION 15.02. Chapter 328, Government Code, is repealed.
6-19 ARTICLE 16. ABOLITION OF ADVISORY AND OVERSIGHT
6-20 COMMITTEE ON MEDICAL AND HEALTH CARE
6-21 PROFESSIONS MINORITY RECRUITMENT
6-22 SECTION 16.01. The advisory and oversight committee on
6-23 medical and health care professions minority recruitment is
6-24 abolished.
6-25 SECTION 16.02. Section 51.717, Education Code, is repealed.
6-26 ARTICLE 17. ABOLITION OF MULTISTATE TAX COMPACT
6-27 ADVISORY COMMITTEE
7-1 SECTION 17.01. The Multistate Tax Compact Advisory Committee
7-2 is abolished.
7-3 SECTION 17.02. Section 141.004, Tax Code, is repealed.
7-4 ARTICLE 18. ABOLITION OF TEXAS PARTNERSHIP AND
7-5 SCHOLARSHIP PROGRAM ADVISORY COUNCIL
7-6 SECTION 18.01. The Texas partnership and scholarship program
7-7 advisory council is abolished.
7-8 SECTION 18.02. Section 35.10, Education Code, is repealed.
7-9 ARTICLE 19. ABOLITION OF POSTADOPTION SERVICES
7-10 ADVISORY COMMITTEE
7-11 SECTION 19.01. The Postadoption Services Advisory Committee
7-12 is abolished.
7-13 SECTION 19.02. Section 47.032, Human Resources Code, is
7-14 repealed.
7-15 ARTICLE 20. ABOLITION OF STATE PRESERVATION BOARD
7-16 PERMANENT ADVISORY COMMITTEE
7-17 SECTION 20.01. The State Preservation Board permanent
7-18 advisory committee is abolished.
7-19 SECTION 20.02. Section 443.008, Government Code, is amended
7-20 to read as follows:
7-21 Sec. 443.008. ADVISORY COMMITTEES. <(a) The board shall
7-22 appoint a permanent advisory committee consisting of the executive
7-23 director of the Texas Historical Commission, chairman of the
7-24 Antiquities Committee, director of the Texas State Library and
7-25 Archives Commission, director of the Texas Commission on the Arts,
7-26 and three citizens, one each appointed by the governor, lieutenant
7-27 governor, and speaker of the house of representatives. At its
8-1 first meeting in each odd-numbered year, the board shall designate
8-2 a chairman for the committee from among the committee's members.
8-3 The person designated serves in that capacity until a successor is
8-4 designated.>
8-5 <(b) An appointed member serves at the will of the authority
8-6 who appointed the member. A citizen member is entitled to a per
8-7 diem as set by the General Appropriations Act for each day that the
8-8 person engages in committee business.>
8-9 <(c) The committee shall assist in the development of the
8-10 annual budget and work plan prepared by the executive director, the
8-11 master plan prepared by the architect of the Capitol, and the
8-12 collection policy and furnishings plan prepared by the curator of
8-13 the Capitol, and make recommendations concerning board approval of
8-14 those documents.>
8-15 <(d)> The board may appoint <other> advisory committees to
8-16 aid it in carrying out its duties.
8-17 ARTICLE 21. ABOLITION OF PRODUCT DEVELOPMENT ADVISORY BOARD
8-18 SECTION 21.01. The Product Development Advisory Board is
8-19 abolished.
8-20 SECTION 21.02. Section 481.225, Government Code, is amended
8-21 to read as follows:
8-22 Sec. 481.225. INFORMATION CONFIDENTIAL. Information
8-23 relating to a product, and the application or use of a product, and
8-24 technological and scientific information, including computer
8-25 programs, developed in whole or part by an applicant for or a
8-26 recipient of venture financing, is confidential and is not subject
8-27 to disclosure under state law or otherwise, regardless of whether
9-1 the product is patentable or capable of being registered under
9-2 copyright or trademark laws, or has a potential for being sold,
9-3 traded, or licensed for a fee; however, nothing in this subchapter
9-4 shall prevent or restrict the department <or the advisory board>
9-5 from obtaining information relating to a product or process from an
9-6 applicant or recipient of a loan under this subchapter. <The
9-7 product development advisory board is not required to deliberate in
9-8 an open meeting regarding matters made confidential under this
9-9 section. Decisions or other actions as a result of the board's
9-10 deliberations are not confidential and shall be made in an open
9-11 meeting.>
9-12 SECTION 21.03. Section 481.227, Government Code, is amended
9-13 to read as follows:
9-14 Sec. 481.227. ELIGIBLE PROJECTS AND BORROWERS. (a) A loan
9-15 may be made under this subchapter only to finance a project
9-16 approved by the <advisory board and> department.
9-17 (b) In determining eligible projects, the <advisory board
9-18 and the> department shall give special preference to projects that
9-19 have the greatest likelihood of commercial success and have the
9-20 greatest effect on job creation and retention in the state,
9-21 specifically including but not limited to projects in the areas of
9-22 biotechnology, biomedicine, energy, materials science,
9-23 microelectronics, aerospace, marine science, aquaculture,
9-24 telecommunications, manufacturing science, and other priority
9-25 research areas as provided in Section 143.003, Education Code. The
9-26 priority research area of agriculture will be funded according to
9-27 the provisions of Subchapter D, Chapter 58, Agriculture Code. The
10-1 <advisory board and the> department further shall give
10-2 consideration to:
10-3 (1) grantees under the small business innovation
10-4 research program established under 15 U.S.C. Section 638;
10-5 (2) Texas companies formed to commercialize research
10-6 funded at least in part with state funds; and
10-7 (3) Texas companies receiving assistance from
10-8 designated state small business development centers.
10-9 SECTION 21.04. Section 481.228, Government Code, is amended
10-10 to read as follows:
10-11 Sec. 481.228. CONSIDERATION IN FINANCING. In determining
10-12 whether to provide financing under this subchapter, the <advisory
10-13 board and the> department shall give preference to applicants who
10-14 are Texas residents doing business in the state and performing
10-15 financed activities predominantly in the state, and then to
10-16 applicants who can demonstrate that the financed activities will
10-17 take place predominantly in this state.
10-18 SECTION 21.05. Section 481.230, Government Code, is amended
10-19 to read as follows:
10-20 Sec. 481.230. RULES; IMMUNITY FROM LIABILITY <ADVISORY
10-21 BOARD>. (a) The <Product Development Advisory Board is composed
10-22 of:>
10-23 <(1) one representative of the Texas Higher Education
10-24 Coordinating Board selected by the Texas Higher Education
10-25 Coordinating Board;>
10-26 <(2) two persons appointed by the governor;>
10-27 <(3) two persons appointed by the lieutenant governor;
11-1 and>
11-2 <(4) two persons appointed by the speaker of the house
11-3 of representatives.>
11-4 <(b) In appointing members of the advisory board, the
11-5 governor, lieutenant governor, and speaker of the house shall
11-6 appoint persons having significant business leadership experience
11-7 with emerging technologies, particularly experience with the
11-8 transfer of research results into commercial application.>
11-9 <(c) Members of the advisory board serve two-year staggered
11-10 terms with the terms of four members expiring February 1 of each
11-11 odd-numbered year and the terms of three members expiring February
11-12 1 of each even-numbered year.>
11-13 <(d) The governor shall appoint the advisory board's
11-14 chairman from among its members.>
11-15 <(e) On recommendation of the advisory board, the>
11-16 department shall adopt rules establishing limits on the amount of
11-17 each loan and otherwise governing the terms and conditions of the
11-18 loans, specifically including requirements for appropriate security
11-19 or collateral and the rights and remedies of the department in the
11-20 event of a default on the loan. <Such rules shall include a
11-21 requirement that borrowers shall report to the advisory board on
11-22 the use of money distributed through this fund.>
11-23 (b) <(f)> The executive director, a member of the policy
11-24 board, advisory board, or other person acting on behalf of the
11-25 department in executing a contract, commitment, or agreement under
11-26 this subchapter is not personally liable on the contract,
11-27 commitment, or agreement. The executive director, a member of the
12-1 policy board, advisory board, or other person acting on behalf of
12-2 the department is not personally liable for damage or injury
12-3 resulting from the performance of duties under this subchapter.
12-4 SECTION 21.06. Subdivision (1), Section 481.221, Government
12-5 Code, is repealed.
12-6 ARTICLE 22. ABOLITION OF ROLE OF THE FAMILY IN REDUCING
12-7 RECIDIVISM ADVISORY COMMITTEE
12-8 SECTION 22.01. The Role of the Family in Reducing Recidivism
12-9 Advisory Committee is abolished.
12-10 SECTION 22.02. Section 501.011, Government Code, is
12-11 repealed.
12-12 SECTION 22.03. Subsection (c), Section 61.036, Human
12-13 Resources Code, is repealed.
12-14 ARTICLE 23. ABOLITION OF SMART JOBS FUND PROGRAM LEGISLATIVE
12-15 REVIEW COMMITTEE
12-16 SECTION 23.01. The smart jobs fund program legislative
12-17 review committee is abolished.
12-18 SECTION 23.02. Section 481.1601, Government Code, is
12-19 repealed.
12-20 ARTICLE 24. TRANSITION; EFFECTIVE DATE; EMERGENCY
12-21 SECTION 24.01. If an entity that is abolished by this Act
12-22 has property, records, or other assets and the article of this Act
12-23 that abolishes the entity does not provide for their disposition,
12-24 the General Services Commission shall take custody of the property,
12-25 records, or other assets of the entity unless the governor
12-26 designates another appropriate state agency to take custody of the
12-27 entity's property, records, or other assets.
13-1 SECTION 24.02. This Act takes effect September 1, 1995.
13-2 SECTION 24.03. The importance of this legislation and the
13-3 crowded condition of the calendars in both houses create an
13-4 emergency and an imperative public necessity that the
13-5 constitutional rule requiring bills to be read on three several
13-6 days in each house be suspended, and this rule is hereby suspended.