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.