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.