By Shields H.B. No. 3702
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a governor's private citizen committee to study and
1-3 recommend cost control in state government.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle B, Title 10, Government Code, is amended
1-6 by adding Chapter 2059 to read as follows:
1-7 CHAPTER 2059. TEXAS PRIVATE SECTOR COMMITTEE ON COST CONTROL
1-8 Sec. 2059.001. DEFINITION. In this chapter, "state agency":
1-9 (1) means an office, department, commission, or other
1-10 agency in the executive branch of state government which:
1-11 (a) has been or is created by the state
1-12 constitution or a state statute,
1-13 (b) has statewide jurisdiction; but
1-14 (2) does not include the office of the lieutenant
1-15 governor.
1-16 Sec. 2059.002. COMMITTEE COMPOSITION. (a) The Texas
1-17 Private Sector Committee on Cost Control in State Government is
1-18 composed of nine members appointed by the Governor.
1-19 (1) A member of the committee must be a private
1-20 business owner or executive who has the qualifications determined
1-21 by the Governor to be of benefit to the committee in administering
2-1 its duties.
2-2 (2) As soon as possible after September 1, 1999, the
2-3 Governor shall appoint a number of members to the committee that is
2-4 sufficient to allow the committee to begin its work, and the
2-5 remaining members as soon thereafter as is practicable.
2-6 (b) Members of the committee serve at the pleasure of the
2-7 Governor.
2-8 (c) A person required to register as a lobbyist under
2-9 Chapter 305 of this Code may not serve as a member of the
2-10 committee.
2-11 (d) The State Auditor shall provide advice and, within
2-12 capability, staff support to the committee.
2-13 Sec. 2059.003. OFFICERS; COMPENSATION; MEETINGS. (a) The
2-14 Governor shall designate a presiding officer for the committee.
2-15 The committee may elect other officers from its membership as the
2-16 committee considers appropriate, or as directed by the Governor.
2-17 (b) Neither the presiding officer nor any member of the
2-18 committee may receive compensation for service on the committee.
2-19 (c) The committee shall meet at the call of the State
2-20 Auditor or the presiding officer, or as provided by rule
2-21 established by the State Auditor's office. The committee shall
2-22 hold its initial meeting not later than October 1, 1999.
2-23 Sec. 2059.004. DUTIES. (a) The committee, considering
2-24 cost-control methods used in the private sector, shall examine the
2-25 management and cost control procedures and make recommendations
3-1 concerning combining at least the following state agencies:
3-2 (1) The Public Utilities Commission of Texas and the
3-3 911 Commission into the Railroad Commission of Texas;
3-4 (2) The Texas Workforce Commission and the Texas
3-5 Health and Human Services Commission.
3-6 (b) The committee shall advise the governor, the
3-7 legislature, and the governing bodies of state agencies how to
3-8 improve management and reduce costs.
3-9 (c) The committee shall make recommendations to the Governor
3-10 and Legislature concerning the consolidation of the Public
3-11 Utilities Commission and 911 Commission into the Railroad
3-12 Commission and the Texas Workforce Commission with the Texas Health
3-13 and Human Services Commission into a single governmental agency
3-14 tasked to provide services and to assist in obtaining employment
3-15 for all able to work Texans.
3-16 (d) In performing its duties, the committee shall provide
3-17 recommendations concerning:
3-18 (1) opportunities for increased efficiency and reduced
3-19 costs in state agencies which may be accomplished through
3-20 legislation or through executive branch action;
3-21 (2) opportunities for enhanced managerial
3-22 accountability and administrative control;
3-23 (3) opportunities for short-term and long-term
3-24 managerial improvements;
3-25 (4) governmental expenditures, indebtedness, and
4-1 personnel management; and
4-2 (5) specific situations in which further study would
4-3 be justified by the potential savings.
4-4 (g) The committee, in its examination of the agencies listed
4-5 in paragraph (a), may hold public hearings in various locations
4-6 around the state.
4-7 Sec. 2059.005. AGENCY COOPERATION. The Committee may
4-8 request information relating to the structure, organization,
4-9 personnel, budget, and operations of any agency. The
4-10 administrative head of all state agencies shall expeditiously
4-11 provide to the committee information, if not excepted from required
4-12 public disclosure under Chapter 552, Sections 552.101 (Confidential
4-13 Information), 552.109 (Certain Private Communications of an Elected
4-14 Official), 552.110 (Trade Secrets, Commercial Information, or
4-15 Financial Information), 552.114 (Student Records), and 552.119
4-16 (Photograph of Peace Officer or Security Guards) of this Code,
4-17 which the committee requests in performing its duties.
4-18 Sec. 2059.006. GIFTS AND GRANTS; STAFF; RESOURCES. (a) The
4-19 State Auditor's office may accept gifts and grants, including the
4-20 donation of labor or in-kind resources, on behalf of the committee
4-21 to accomplish the objectives of this chapter.
4-22 (b) The State Auditor's office and, at the request of the
4-23 State Auditor, a state agency, shall provide staff support and
4-24 other resources to support the transportation, housing and work of
4-25 the committee.
5-1 (c) The Legislative Council staff shall, at the request of
5-2 the Committee, prepare drafts of any legislation the Committee
5-3 desires to propose.
5-4 Sec. 2059.007. APPLICABILITY OF ADVISORY COMMITTEE LAW.
5-5 Article 6252-33, Revised Statutes, does not apply to the committee
5-6 except for the provisions of Section 4 of that law.
5-7 Sec. 2059.008. FINAL REPORT; ABOLITION OF COMMITTEE. (a)
5-8 Not later than October 1, 2000, the committee shall submit its
5-9 final report to the Governor, the State Auditor, and to the
5-10 presiding officer of each Houses of the Legislature. The report
5-11 shall include specific recommendations to merge or not to merge the
5-12 agencies examined. A draft of any legislation required to
5-13 implement any recommendation shall be included with the report.
5-14 (b) The state legislature shall not be authorized to modify
5-15 or amend the proposed legislation, but must vote for or against the
5-16 proposed legislation.
5-17 (c) The committee is abolished and this chapter expires on
5-18 the date that the committee submits its final report.
5-19 SECTION 2. The importance of this legislation and the
5-20 crowded condition of the calendars in both houses create an
5-21 emergency and an imperative public necessity that the
5-22 constitutional rule requiring bills to be read on three several
5-23 days in each house be suspended, and this rule is hereby suspended,
5-24 and that this Act take effect and be in force from and after its
5-25 passage, and it is so enacted.