SRC-BWC S.B. 309 77(R)BILL ANALYSIS Senate Research CenterS.B. 309 By: Harris Administration 6/13/2001 Enrolled DIGEST AND PURPOSE Periodically, state agencies undergo a review by the Sunset Advisory Commission (commission). As a result of the review, the commission will recommend changes to the agency or the abolishment of the agency. S.B. 309 sets the review schedule for various state agencies. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS ARTICLE 1. ENTITIES GIVEN 2003 SUNSET DATE SECTION 1.01. TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT. Amends Section 481.003, Government Code, as follows: Sec. 481.003. SUNSET PROVISION. Provides that the Texas Department of Economic Development is subject to Chapter 325 (Texas Sunset Act). Provides that unless continued in existence as provided by that chapter, the department is abolished and this chapter expires September 1, 2003, rather than 2001. Provides that this section takes effect only if neither S.B. No. 321 nor H.B. No. 3452, 77th Legislature, Regular Session, 2001, becomes law. Provides that if either of those bills becomes law, this section has no effect. SECTION 1.02. STATE BOARD OF DENTAL EXAMINERS. Amends Section 251.005, Occupations Code, as follows: Sec. 251.005. APPLICATION OF SUNSET ACT. Provides that the State Board of Dental Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Provides that unless continued in existence as provided by that chapter, the board is abolished September 1, 2003, rather than 2005. ARTICLE 2. ENTITIES GIVEN 2005 SUNSET DATE SECTION 2.01. STATE BOARD OF BARBER EXAMINERS. Amends Section 1601.004, Occupations Code, as follows: Sec. 1601.004. APPLICATION OF SUNSET ACT. Provides that the State Board of Barber Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Provides that unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2005, rather than 2003. SECTION 2.02. TEXAS COSMETOLOGY COMMISSION. Amends Section 1602.004, Occupations Code, as follows: Sec. 1602.004. APPLICATION OF SUNSET ACT. Provides that the Texas Cosmetology Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Provides that unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2005, rather than 2003. SECTION 2.03. TEXAS VETERANS COMMISSION. Amends Section 434.002(a), Government Code, to provide that the Texas Veterans Commission is subject to Chapter 325 (Texas Sunset Act). Provides that unless continued in existence as provided by that chapter, the commission is abolished September 1, 2005, rather than 2003. SECTION 2.04. VETERANS' LAND BOARD. Amends Section 161.0111, Natural Resources Code, as follows: Sec. 161.0111. SUNSET PROVISION. Provides that the Veterans' Land Board is subject to review under Chapter 325, Government Code (Texas Sunset Act), but is not abolished under that chapter. Requires the board to be reviewed during the period in which state agencies abolished in 2005, rather than 2003, and every 12th year after 2005, rather than 2003, are reviewed. SECTION 2.05. ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL. Amends Section 367.003(a), Health and Safety Code, to provide that the council is subject to Chapter 325, Government Code (Texas Sunset Act). Provides that unless continued in existence as provided by that chapter, the council is abolished and this chapter expires September 1, 2005, rather than 2001. ARTICLE 3. ENTITIES GIVEN 2007 SUNSET DATE SECTION 3.01. TEXAS INCENTIVE AND PRODUCTIVITY COMMISSION. Amends Section 2108.007, Government Code, as follows: Sec. 2108.007. APPLICATION OF SUNSET ACT. Provides that the Texas Incentive and Productivity Commission is subject to Chapter 325 (Texas Sunset Act). Provides that unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2007, rather than 2003. SECTION 3.02. RISK MANAGEMENT BOARD. Amends Section 412.021(f), Labor Code, to provide that the risk management board is subject to Chapter 325, Government Code (Texas Sunset Act). Provides that unless continued in existence as provided by that chapter, the board is abolished and this section expires September 1, 2007, rather than 2009. SECTION 3.03. TEXAS REAL ESTATE COMMISSION. Amends Section 5(n), The Real Estate License Act (Article 6573a, V.T.C.S.), to provide that the Texas Real Estate Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Provides that unless continued in existence as provided by that chapter, the commission is abolished and this Act expires September 1, 2007, rather than2003. SECTION 3.04. TEXAS STRUCTURAL PEST CONTROL BOARD. Amends Section 3(e), Texas Structural Pest Control Act (Article 135b-6, V.T.C.S.), to provide that the Texas Structural Pest Control Board is subject to Chapter 325, Government Code (Texas Sunset Act). Provides that unless continued in existence as provided by that chapter, the board is abolished and this Act expires September 1, 2007, rather than 2003. ARTICLE 4. ENTITIES GIVEN 2009 SUNSET DATE SECTION 4.01. POLYGRAPH EXAMINERS BOARD. Amends Section 1703.005, Occupations Code, as follows: Sec. 1703.005. APPLICATION OF SUNSET ACT. Provides that the Polygraph Examiners Board is subject to Chapter 325, Government Code (Texas Sunset Act). Provides that unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2009, rather than 2003. ARTICLE 5. ENTITIES GIVEN 2011 SUNSET DATE SECTION 5.01. TEXAS DEPARTMENT OF HUMAN SERVICES. Amends Section 21.002, Human Resources Code, as follows: Sec. 21.002. SUNSET PROVISION. Provides that the Texas Department of Human Services is subject to Chapter 325, Government Code (Texas Sunset Act). Provides that unless continued in existence as provided by that chapter, the department is abolished and this title expires September 1, 2011, rather than 2003, except that Chapter 40 expires as provided by Section 40.003. ARTICLE 6. SPECIAL PURPOSE REVIEW SECTION 6.01. TEXAS DEPARTMENT OF HUMAN SERVICES. Amends Chapter 21, Human Resources Code, by adding Section 21.0021, as follows: Sec. 21.0021. SPECIAL PURPOSE SUNSET REVIEW. Requires the Sunset Advisory Commission (commission), during the period in which the commission performs its duties under Chapter 325, Government Code, in preparing for a report to the 78th Legislature, to perform a special purpose review of the Department of Human Services (department). Provides that in the review, the commission is limited to reviewing the appropriateness of the recommendations made by the commission to the 76th Legislature regarding the department. Authorizes the commission, in the commission's report to the 78th Legislature, to include any of those prior recommendations the commission considers appropriate. Requires the department to cooperate with the commission in the review and provide to the commission any information the commission considers necessary for the review. Provides that this section expires September 1, 2003. SECTION 6.02. TEXAS DEPARTMENT OF HEALTH. Amends Chapter 11, Health and Safety Code, by adding Section 11.0031, as follows: Sec. 11.0031. SPECIAL PURPOSE SUNSET REVIEW. Requires the commission, during the period in which the commission performs its duties under Chapter 325, Government Code, in preparing for a report to the 78th Legislature, to perform a special purpose review of the department. Requires the commission to review certain information for that purpose. Authorizes the commission, in the commission's report to the 78th Legislature, to include any recommendation the commission considers appropriate. Requires the Department of Health to cooperate with the commission in the review and provide to the commission any information the commission considers necessary for the review. Provides that this section expires September 1, 2003. ARTICLE 7. ENTITIES REMOVED FROM SUNSET REVIEW SECTION 7.01. Provides that the following laws are repealed: (1) Section 30.026, Education Code (governing board of the Texas School for the Blind and Visually Impaired); (2) Section 30.058, Education Code (governing board of the Texas School for the Deaf); (3) Section 86.511, Education Code (Real Estate Research Center); (4) Section 465.002, Government Code (Texas National Research Laboratory Commission); (5) Section 752.025, Government Code (Governor's Advisory Committee on Immigration and Refugees); (6) Section 451.453, Transportation Code (Capital Metropolitan Transportation Authority, Corpus Christi Regional Transit Authority, and Harris County Metropolitan Rapid Transit Authority); and (7) Section 452.453, Transportation Code (Dallas Area Rapid Transit Authority). ARTICLE 8. EFFECTIVE DATE SECTION 8.01. Effective date: September 1, 2001.