1-1 AN ACT
1-2 relating to the application of the sunset review process to certain
1-3 state agencies.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. AGENCIES GIVEN 2001 SUNSET DATE
1-6 SECTION 1.01. TEXAS FUNERAL SERVICE COMMISSION. Subsection
1-7 N, Section 2, Chapter 251, Acts of the 53rd Legislature, Regular
1-8 Session, 1953 (Article 4582b, Vernon's Texas Civil Statutes), is
1-9 amended to read as follows:
1-10 N. The Texas Funeral Service Commission is subject to
1-11 Chapter 325, Government Code (Texas Sunset Act). Unless continued
1-12 in existence as provided by that chapter, the commission is
1-13 abolished and this Act expires September 1, 2001 [2003].
1-14 SECTION 1.02. GENERAL SERVICES COMMISSION. Section
1-15 2152.002, Government Code, is amended to read as follows:
1-16 Sec. 2152.002. SUNSET PROVISION. The General Services
1-17 Commission is subject to Chapter 325 (Texas Sunset Act). Unless
1-18 continued in existence as provided by that chapter, the commission
1-19 is abolished and this subtitle expires September 1, 2001 [2003].
1-20 ARTICLE 2. AGENCIES GIVEN 2003 SUNSET DATE
1-21 SECTION 2.01. TEXAS DEPARTMENT OF HUMAN SERVICES. Section
1-22 21.002, Human Resources Code, is amended to read as follows:
1-23 Sec. 21.002. SUNSET PROVISION. The Texas Department of
1-24 Human Services is subject to Chapter 325, Government Code (Texas
2-1 Sunset Act). Unless continued in existence as provided by that
2-2 chapter, the department is abolished and this title expires
2-3 September 1, 2003 [1999], except that Chapter 40 expires as
2-4 provided by Section 40.003.
2-5 SECTION 2.02. METROPOLITAN RAPID TRANSIT AUTHORITIES.
2-6 Section 451.453, Transportation Code, is amended to read as
2-7 follows:
2-8 Sec. 451.453. REVIEW BY SUNSET ADVISORY COMMISSION. Each
2-9 authority that has been confirmed, other than an authority that was
2-10 confirmed before 1980 in which the principal municipality has a
2-11 population of less than 1.2 million, is subject [every 12th year]
2-12 to review under Chapter 325, Government Code (Texas Sunset Act),
2-13 but is not abolished under that chapter. Each authority shall be
2-14 reviewed during the period in which state agencies abolished in
2-15 2003 and every 12th year after that year are reviewed.
2-16 SECTION 2.03. PUBLIC UTILITY COMMISSION OF TEXAS. Section
2-17 12.005, Utilities Code, is amended to read as follows:
2-18 Sec. 12.005. APPLICATION OF SUNSET ACT. The Public Utility
2-19 Commission of Texas is subject to Chapter 325, Government Code
2-20 (Texas Sunset Act). Unless continued in existence as provided by
2-21 that chapter, the commission is abolished and this title expires
2-22 September 1, 2003 [2001].
2-23 SECTION 2.04. OFFICE OF PUBLIC UTILITY COUNSEL. Section
2-24 13.002, Utilities Code, is amended to read as follows:
2-25 Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of
2-26 Public Utility Counsel is subject to Chapter 325, Government Code
2-27 (Texas Sunset Act). Unless continued in existence as provided by
3-1 that chapter, the office is abolished and this chapter expires
3-2 September 1, 2003 [2001].
3-3 SECTION 2.05. TEXAS ETHICS COMMISSION. Section 571.022,
3-4 Government Code, is amended to read as follows:
3-5 Sec. 571.022. SUNSET PROVISION. The commission is subject
3-6 to review under Chapter 325 (Texas Sunset Act), but is not
3-7 abolished under that chapter. The commission shall be reviewed
3-8 during the periods in which state agencies abolished in 2003 [2001]
3-9 and every 12th year after that year [2001] are reviewed.
3-10 ARTICLE 3. AGENCIES GIVEN 2007 SUNSET DATE
3-11 SECTION 3.01. TEXAS-ISRAEL EXCHANGE FUND BOARD. Section
3-12 45.006(i), Agriculture Code, is amended to read as follows:
3-13 (i) The board is subject to Chapter 325, Government Code
3-14 (Texas Sunset Act). Unless continued in existence as provided by
3-15 that chapter, the board is abolished and this chapter expires
3-16 September 1, 2007 [2001].
3-17 SECTION 3.02. OFFICIAL COTTON GROWERS' BOLL WEEVIL
3-18 ERADICATION FOUNDATION. Section 74.127(a), Agriculture Code, is
3-19 amended to read as follows:
3-20 (a) The board of directors of the official cotton growers'
3-21 boll weevil eradication foundation is subject to Chapter 325,
3-22 Government Code (Texas Sunset Act). Unless continued in existence
3-23 as provided by that chapter, the board is abolished and this
3-24 subchapter expires September 1, 2007 [2003].
3-25 SECTION 3.03. CHILDREN'S TRUST FUND OF TEXAS COUNCIL.
3-26 Section 74.011, Human Resources Code, is amended to read as
3-27 follows:
4-1 Sec. 74.011. SUNSET PROVISION. The Children's Trust Fund of
4-2 Texas Council is subject to Chapter 325, Government Code (Texas
4-3 Sunset Act). Unless continued in existence as provided by that
4-4 chapter, the council is abolished and this chapter expires
4-5 September 1, 2007 [1999].
4-6 ARTICLE 4. AGENCY ABOLISHED AND FUNCTIONS TRANSFERRED
4-7 SECTION 4.01. TRANSFER OF FUNCTIONS FROM TEXAS LOW-LEVEL
4-8 RADIOACTIVE WASTE DISPOSAL AUTHORITY TO TEXAS NATURAL RESOURCE
4-9 CONSERVATION COMMISSION. Subchapter A, Chapter 402, Health and
4-10 Safety Code, is amended by adding Section 402.004 to read as
4-11 follows:
4-12 Sec. 402.004. AGENCY ABOLISHED AND FUNCTIONS TRANSFERRED.
4-13 The authority is abolished and any reference in this chapter or
4-14 another law to the authority or the board means the Texas Natural
4-15 Resource Conservation Commission.
4-16 SECTION 4.02. FURTHER TRANSFER. The powers, duties,
4-17 obligations, rights, contracts, records, personnel, property, and
4-18 unspent appropriations or other funds of the Texas Low-Level
4-19 Radioactive Waste Disposal Authority are transferred to the Texas
4-20 Natural Resource Conservation Commission. All rules of the Texas
4-21 Low-Level Radioactive Waste Disposal Authority are continued in
4-22 effect as the rules of the Texas Natural Resource Conservation
4-23 Commission until superseded by a rule of the commission.
4-24 SECTION 4.03. REPEAL OF SUNSET PROVISION FOR TEXAS LOW-LEVEL
4-25 RADIOACTIVE WASTE DISPOSAL AUTHORITY. Section 402.012, Health and
4-26 Safety Code, is repealed.
4-27 ARTICLE 5. AGENCIES REMOVED FROM SUNSET REVIEW
5-1 SECTION 5.01. The following provisions in the Government
5-2 Code are repealed:
5-3 (1) Section 42.006 (Office of the State Prosecuting
5-4 Attorney);
5-5 (2) Section 71.002 (Texas Judicial Council);
5-6 (3) Section 91.008 (State Law Library); and
5-7 (4) Section 405.002 (Office of the Secretary of
5-8 State).
5-9 ARTICLE 6. MISCELLANEOUS PROVISIONS
5-10 SECTION 6.01. PARKS AND WILDLIFE DEPARTMENT. In its review
5-11 of the Parks and Wildlife Department for the 77th Legislature, the
5-12 Sunset Advisory Commission shall include a review of appropriate
5-13 sources of dedicated funding for financing the programs
5-14 administered by the department. The Sunset Advisory Commission
5-15 shall consider the results of the review in developing its
5-16 recommendations to the 77th Legislature.
5-17 SECTION 6.02. TEXAS WATER DEVELOPMENT BOARD; TEXAS NATURAL
5-18 RESOURCE CONSERVATION COMMISSION. If the Sunset Advisory
5-19 Commission includes a study of groundwater districts in its review
5-20 of the Texas Water Development Board or the Texas Natural Resource
5-21 Conservation Commission for the 77th Legislature, to minimize
5-22 duplication the commission shall closely coordinate with any
5-23 interim legislative committees also studying groundwater districts.
5-24 SECTION 6.03. TEXAS FUNERAL SERVICE COMMISSION. The section
5-25 of this Act that amends Subsection N, Section 2, Chapter 251, Acts
5-26 of the 53rd Legislature, Regular Session, 1953 (Article 4582b,
5-27 Vernon's Texas Civil Statutes), takes effect only if the 76th
6-1 Legislature, Regular Session, 1999, does not enact other
6-2 legislation that becomes law and that amends Subsection A, Section
6-3 2, Chapter 251, Acts of the 53rd Legislature, Regular Session, 1953
6-4 (Article 4582b, Vernon's Texas Civil Statutes), to change the
6-5 membership of the Texas Funeral Service Commission.
6-6 SECTION 6.04. PUBLIC UTILITY COMMISSION OF TEXAS. The
6-7 section of this Act that amends Section 12.005, Utilities Code,
6-8 takes effect only if the 76th Legislature, Regular Session, 1999,
6-9 does not enact other legislation that becomes law and that amends
6-10 Section 12.005, Utilities Code, to extend the sunset date of the
6-11 Public Utility Commission of Texas.
6-12 SECTION 6.05. OFFICE OF PUBLIC UTILITY COUNSEL. The section
6-13 of this Act that amends Section 13.002, Utilities Code, takes
6-14 effect only if the 76th Legislature, Regular Session, 1999, does
6-15 not enact other legislation that becomes law and that amends
6-16 Section 13.002, Utilities Code, to extend the sunset date of the
6-17 Office of Public Utility Counsel.
6-18 SECTION 6.06. CHILDREN'S TRUST FUND OF TEXAS COUNCIL. (a)
6-19 During the period in which the Sunset Advisory Commission performs
6-20 its duties as required by Chapter 325, Government Code, preparing
6-21 for a report to the 77th Legislature, the Children's Trust Fund of
6-22 Texas Council is subject to a special-purpose review. In the
6-23 review, the Sunset Advisory Commission shall:
6-24 (1) determine whether the council has improved its
6-25 management efforts, reduced administrative costs, and improved its
6-26 working relationship with other state agencies;
6-27 (2) monitor the council's efforts to comply with
7-1 directives or requirements imposed on the council by the 76th
7-2 Legislature, Regular Session, 1999; and
7-3 (3) perform any other analyses that the commission
7-4 determines are appropriate.
7-5 (b) To the extent Chapter 325, Government Code, imposes a
7-6 duty on a state agency under review, the Children's Trust Fund of
7-7 Texas Council shall comply with that duty. The council shall
7-8 provide to the Sunset Advisory Commission any information the
7-9 commission considers necessary to carry out the commission's duties
7-10 under this section.
7-11 (c) The Sunset Advisory Commission shall make
7-12 recommendations to the 77th Legislature, Regular Session, 2001, as
7-13 the commission considers appropriate, regarding the Children's
7-14 Trust Fund of Texas Council.
7-15 ARTICLE 7. EFFECTIVE DATE; EMERGENCY
7-16 SECTION 7.01. EFFECTIVE DATE. Except as otherwise provided
7-17 by this Act, this Act takes effect September 1, 1999.
7-18 SECTION 7.02. EMERGENCY. The importance of this legislation
7-19 and the crowded condition of the calendars in both houses create an
7-20 emergency and an imperative public necessity that the
7-21 constitutional rule requiring bills to be read on three several
7-22 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2954 was passed by the House on May
12, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2954 on May 27, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2954 on May 30, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2954 was passed by the Senate, with
amendments, on May 26, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 2954 on May 30, 1999,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor