By Swinford H.B. No. 3230
75R6682 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to efficiency in state government and to avoiding
1-3 duplication of effort among state agencies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 132A, Revised Statutes, is amended by
1-6 adding Article 9105 to read as follows:
1-7 Art. 9105. ADMINISTRATIVE FUNCTIONS OF AGENCIES THAT REGULATE
1-8 OCCUPATIONS
1-9 Sec. 1. Each state agency the primary purpose of which is to
1-10 regulate an occupation is administratively attached to the Texas
1-11 Department of Licensing and Regulation. The department shall
1-12 perform all administrative functions for the agencies such as
1-13 payroll, personnel, accounting, general services, and property
1-14 management.
1-15 Sec. 2. The governing body of a state agency that is
1-16 administratively attached to the Texas Department of Licensing and
1-17 Regulation under this article retains full authority to adopt
1-18 rules, determine contested cases, and set policy in accordance with
1-19 the law relating to the agency. The governing body retains
1-20 authority to hire personnel to enforce the laws under the agency's
1-21 jurisdiction and to set agency policy regarding enforcement of
1-22 those laws.
1-23 SECTION 2. Chapter 442, Government Code, is amended by
1-24 adding Section 442.0055 to read as follows:
2-1 Sec. 442.0055. TRANSFER OF DUTIES FROM PARKS AND WILDLIFE
2-2 DEPARTMENT. (a) All powers and duties of the Parks and Wildlife
2-3 Department relating to historic places are transferred to the Texas
2-4 Historical Commission. The department and the commission may adopt
2-5 a memorandum of understanding under which the department continues
2-6 to perform functions such as custodial upkeep for a transferred
2-7 historic place if it is more efficient for the department to
2-8 perform the function.
2-9 (b) All rules of the department relating to a transferred
2-10 historic place remain in effect as a rule of the commission until
2-11 amended or repealed by the commission.
2-12 SECTION 3. Subchapter A, Chapter 76, Agriculture Code, is
2-13 amended by adding Section 76.0075 to read as follows:
2-14 Sec. 76.0075. TRANSFER OF DUTIES FROM TEXAS NATURAL RESOURCE
2-15 CONSERVATION COMMISSION AND TEXAS STRUCTURAL PEST CONTROL BOARD.
2-16 (a) All powers and duties of the Texas Natural Resource
2-17 Conservation Commission and the Texas Structural Pest Control Board
2-18 relating to the regulation of the sale, use, or application of
2-19 pesticides and of professions related to the sale, use, or
2-20 application of pesticides are transferred to the department.
2-21 (b) The Texas Structural Pest Control Board is abolished,
2-22 and all powers, duties, personnel, property, assets, and
2-23 obligations of the board are transferred to the department. The
2-24 validity of a prior action of the board is not affected by the
2-25 abolishment.
2-26 (c) All rules of the commission or the board relating to a
2-27 transferred power or duty remain in effect as a rule of the
3-1 department until amended or repealed by the department.
3-2 SECTION 4. Subchapter A, Chapter 40, Natural Resources Code,
3-3 is amended by adding Section 40.0055 to read as follows:
3-4 Sec. 40.0055. TRANSFER OF DUTIES FROM GENERAL LAND OFFICE TO
3-5 RAILROAD COMMISSION. (a) All powers and duties of the General
3-6 Land Office under this chapter are transferred to the Railroad
3-7 Commission of Texas, except for the duty to cooperate as necessary
3-8 with the railroad commission under this chapter.
3-9 (b) All rules of the land office relating to a transferred
3-10 power or duty remain in effect as a rule of the commission until
3-11 amended or repealed by the commission.
3-12 (c) The land office and the commission shall adopt a
3-13 memorandum of understanding that provides for the transfer or use
3-14 of any records, agreements, or property of the land office that the
3-15 commission will need to perform the transferred duties.
3-16 SECTION 5. Section 322.011(d), Government Code, is amended
3-17 to read as follows:
3-18 (d) The report shall analyze the operational efficiency and
3-19 program performance of each institution, department, agency, and
3-20 commission evaluated. The report shall explicitly state the
3-21 statutory function each entity is to perform and how, in terms of
3-22 unit-cost measurement, work load efficiency data, and program
3-23 output standards established by the board, these statutory
3-24 functions are being accomplished. The report shall identify any
3-25 situations in which the board believes there may be unnecessary
3-26 duplication of effort among or between state agencies and in which
3-27 the state could achieve efficiencies or cost savings by
4-1 consolidating functions with one agency.
4-2 SECTION 6. This Act takes effect January 1, 1998.
4-3 SECTION 7. The importance of this legislation and the
4-4 crowded condition of the calendars in both houses create an
4-5 emergency and an imperative public necessity that the
4-6 constitutional rule requiring bills to be read on three several
4-7 days in each house be suspended, and this rule is hereby suspended.