By: Wentworth S.B. No. 1046
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the criteria the Sunset Advisory Commission uses in its
1-2 review of state agencies.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 325.011, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 325.011. CRITERIA FOR REVIEW. The commission and its
1-7 staff shall consider the following criteria in determining whether
1-8 a public need exists for the continuation of a state agency or its
1-9 advisory committees or for the performance of the functions of the
1-10 agency or its advisory committees:
1-11 (1) the efficiency with which the agency or advisory
1-12 committee operates;
1-13 (2) an identification of the objectives intended for
1-14 the agency or advisory committee and the problem or need that the
1-15 agency or advisory committee was intended to address, the extent to
1-16 which the objectives have been achieved, and any activities of the
1-17 agency in addition to those granted by statute and the authority
1-18 for these activities;
1-19 (3) an assessment of less restrictive or alternative
1-20 methods of performing any regulation that the agency performs that
1-21 could adequately protect the public;
1-22 (4) the extent to which the advisory committee is
2-1 needed and is used;
2-2 (5) the extent to which the jurisdiction of the agency
2-3 and the programs administered by the agency overlap or duplicate
2-4 those of other agencies and the extent to which the programs
2-5 administered by the agency can be consolidated with the programs of
2-6 other state agencies;
2-7 (6) whether the agency has recommended to the
2-8 legislature statutory changes calculated to be of benefit to the
2-9 public rather than to an occupation, business, or institution that
2-10 the agency regulates;
2-11 (7) the promptness and effectiveness with which the
2-12 agency disposes of complaints concerning persons affected by the
2-13 agency;
2-14 (8) the extent to which the agency has encouraged
2-15 participation by the public in making its rules and decisions as
2-16 opposed to participation solely by those it regulates and the
2-17 extent to which the public participation has resulted in rules
2-18 compatible with the objectives of the agency;
2-19 (9) the extent to which the agency has complied with
2-20 applicable requirements of an agency of the United States or of
2-21 this state regarding equality of employment opportunity and the
2-22 rights and privacy of individuals;
2-23 (10) the extent to which changes are necessary in the
2-24 enabling statutes of the agency so that the agency can adequately
2-25 comply with the criteria listed in this section;
2-26 (11) the extent to which the agency issues and
3-1 enforces rules relating to potential conflicts of interest of its
3-2 employees;
3-3 (12) the extent to which the agency complies with
3-4 Chapters [Chapter 552, and with Chapter] 551 and 552 and follows
3-5 records management practices that enable the agency to respond
3-6 efficiently to requests for public information; and
3-7 (13) the effect of federal intervention or loss of
3-8 federal funds if the agency is abolished.