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.