1-1 AN ACT
1-2 relating to the application of the sunset review process to certain
1-3 governmental entities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. ENTITIES GIVEN 2003 SUNSET DATE
1-6 SECTION 1.01. TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT.
1-7 (a) Section 481.003, Government Code, is amended to read as
1-8 follows:
1-9 Sec. 481.003. SUNSET PROVISION. The Texas Department of
1-10 Economic Development is subject to Chapter 325 (Texas Sunset Act).
1-11 Unless continued in existence as provided by that chapter, the
1-12 department is abolished and this chapter expires September 1, 2003
1-13 [2001].
1-14 (b) This section takes effect only if neither S.B. No. 321
1-15 nor H.B. No. 3452, 77th Legislature, Regular Session, 2001, becomes
1-16 law. If either of those bills becomes law, this section has no
1-17 effect.
1-18 SECTION 1.02. STATE BOARD OF DENTAL EXAMINERS. Section
1-19 251.005, Occupations Code, is amended to read as follows:
1-20 Sec. 251.005. APPLICATION OF SUNSET ACT. The State Board of
1-21 Dental Examiners is subject to Chapter 325, Government Code (Texas
1-22 Sunset Act). Unless continued in existence as provided by that
1-23 chapter, the board is abolished September 1, 2003 [2005].
1-24 ARTICLE 2. ENTITIES GIVEN 2005 SUNSET DATE
1-25 SECTION 2.01. STATE BOARD OF BARBER EXAMINERS. Section
2-1 1601.004, Occupations Code, is amended to read as follows:
2-2 Sec. 1601.004. APPLICATION OF SUNSET ACT. The State Board
2-3 of Barber Examiners is subject to Chapter 325, Government Code
2-4 (Texas Sunset Act). Unless continued in existence as provided by
2-5 that chapter, the board is abolished and this chapter expires
2-6 September 1, 2005 [2003].
2-7 SECTION 2.02. TEXAS COSMETOLOGY COMMISSION. Section
2-8 1602.004, Occupations Code, is amended to read as follows:
2-9 Sec. 1602.004. APPLICATION OF SUNSET ACT. The Texas
2-10 Cosmetology Commission is subject to Chapter 325, Government Code
2-11 (Texas Sunset Act). Unless continued in existence as provided by
2-12 that chapter, the commission is abolished and this chapter expires
2-13 September 1, 2005 [2003].
2-14 SECTION 2.03. TEXAS VETERANS COMMISSION. Subsection (a),
2-15 Section 434.002, Government Code, is amended to read as follows:
2-16 (a) The Texas Veterans Commission is subject to Chapter 325
2-17 (Texas Sunset Act). Unless continued in existence as provided by
2-18 that chapter, the commission is abolished September 1, 2005 [2003].
2-19 SECTION 2.04. VETERANS' LAND BOARD. Section 161.0111,
2-20 Natural Resources Code, is amended to read as follows:
2-21 Sec. 161.0111. SUNSET PROVISION. The Veterans' Land Board
2-22 is subject to review under Chapter 325, Government Code (Texas
2-23 Sunset Act), but is not abolished under that chapter. The board
2-24 shall be reviewed during the period in which state agencies
2-25 abolished in 2005 [2003] and every 12th year after 2005 [2003] are
2-26 reviewed.
3-1 SECTION 2.05. ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL.
3-2 Subsection (a), Section 367.003, Health and Safety Code, is amended
3-3 to read as follows:
3-4 (a) The council is subject to Chapter 325, Government Code
3-5 (Texas Sunset Act). Unless continued in existence as provided by
3-6 that chapter, the council is abolished and this chapter expires
3-7 September 1, 2005 [2001].
3-8 ARTICLE 3. ENTITIES GIVEN 2007 SUNSET DATE
3-9 SECTION 3.01. TEXAS INCENTIVE AND PRODUCTIVITY COMMISSION.
3-10 Section 2108.007, Government Code, is amended to read as follows:
3-11 Sec. 2108.007. APPLICATION OF SUNSET ACT. The Texas
3-12 Incentive and Productivity Commission is subject to Chapter 325
3-13 (Texas Sunset Act). Unless continued in existence as provided by
3-14 that chapter, the commission is abolished and this chapter expires
3-15 September 1, 2007 [2003].
3-16 SECTION 3.02. RISK MANAGEMENT BOARD. Subsection (f),
3-17 Section 412.021, Labor Code, is amended to read as follows:
3-18 (f) The risk management board is subject to Chapter 325,
3-19 Government Code (Texas Sunset Act). Unless continued in existence
3-20 as provided by that chapter, the board is abolished and this
3-21 section expires September 1, 2007 [2009].
3-22 SECTION 3.03. TEXAS REAL ESTATE COMMISSION. Subsection (n),
3-23 Section 5, The Real Estate License Act (Article 6573a, Vernon's
3-24 Texas Civil Statutes), is amended to read as follows:
3-25 (n) The Texas Real Estate Commission is subject to Chapter
3-26 325, Government Code (Texas Sunset Act). Unless continued in
4-1 existence as provided by that chapter, the commission is abolished
4-2 and this Act expires September 1, 2007 [2003].
4-3 SECTION 3.04. TEXAS STRUCTURAL PEST CONTROL BOARD.
4-4 Subsection (e), Section 3, Texas Structural Pest Control Act
4-5 (Article 135b-6, Vernon's Texas Civil Statutes), is amended to read
4-6 as follows:
4-7 (e) The Texas Structural Pest Control Board is subject to
4-8 Chapter 325, Government Code (Texas Sunset Act). Unless continued
4-9 in existence as provided by that chapter, the board is abolished
4-10 and this Act expires September 1, 2007 [2003].
4-11 ARTICLE 4. ENTITIES GIVEN 2009 SUNSET DATE
4-12 SECTION 4.01. POLYGRAPH EXAMINERS BOARD. Section 1703.005,
4-13 Occupations Code, is amended to read as follows:
4-14 Sec. 1703.005. APPLICATION OF SUNSET ACT. The Polygraph
4-15 Examiners Board is subject to Chapter 325, Government Code (Texas
4-16 Sunset Act). Unless continued in existence as provided by that
4-17 chapter, the board is abolished and this chapter expires September
4-18 1, 2009 [2003].
4-19 ARTICLE 5. ENTITIES GIVEN 2011 SUNSET DATE
4-20 SECTION 5.01. TEXAS DEPARTMENT OF HUMAN SERVICES. Section
4-21 21.002, Human Resources Code, is amended to read as follows:
4-22 Sec. 21.002. SUNSET PROVISION. The Texas Department of
4-23 Human Services is subject to Chapter 325, Government Code (Texas
4-24 Sunset Act). Unless continued in existence as provided by that
4-25 chapter, the department is abolished and this title expires
4-26 September 1, 2011 [2003], except that Chapter 40 expires as
5-1 provided by Section 40.003.
5-2 ARTICLE 6. SPECIAL PURPOSE REVIEW
5-3 SECTION 6.01. TEXAS DEPARTMENT OF HUMAN SERVICES. Chapter
5-4 21, Human Resources Code, is amended by adding Section 21.0021 to
5-5 read as follows:
5-6 Sec. 21.0021. SPECIAL PURPOSE SUNSET REVIEW. (a) During
5-7 the period in which the Sunset Advisory Commission performs its
5-8 duties under Chapter 325, Government Code, in preparing for a
5-9 report to the 78th Legislature, the commission shall perform a
5-10 special purpose review of the department. In the review, the
5-11 commission is limited to reviewing the appropriateness of the
5-12 recommendations made by the commission to the 76th Legislature
5-13 regarding the department. In the commission's report to the 78th
5-14 Legislature, the commission may include any of those prior
5-15 recommendations the commission considers appropriate.
5-16 (b) The department shall cooperate with the Sunset Advisory
5-17 Commission in the review and shall provide to the commission any
5-18 information the commission considers necessary for the review.
5-19 (c) This section expires September 1, 2003.
5-20 SECTION 6.02. TEXAS DEPARTMENT OF HEALTH. Chapter 11,
5-21 Health and Safety Code, is amended by adding Section 11.0031 to
5-22 read as follows:
5-23 Sec. 11.0031. SPECIAL PURPOSE SUNSET REVIEW. (a) During
5-24 the period in which the Sunset Advisory Commission performs its
5-25 duties under Chapter 325, Government Code, in preparing for a
5-26 report to the 78th Legislature, the commission shall perform a
6-1 special purpose review of the department. For that purpose, the
6-2 commission shall review:
6-3 (1) the extent to which the department has implemented
6-4 laws enacted by the 76th Legislature in continuing the department
6-5 under Chapter 325, Government Code;
6-6 (2) the extent to which the department has implemented
6-7 the recommendations made by the commission to the 76th Legislature
6-8 regarding the department that did not require statutory change;
6-9 (3) the extent to which the department has implemented
6-10 the recommendations made by the state auditor in each audit report
6-11 relating to the department issued after January 1, 1999, and before
6-12 September 1, 2002; and
6-13 (4) the extent to which the department implements the
6-14 recommendations of consultants employed by the department after
6-15 January 1, 2001.
6-16 (b) In the Sunset Advisory Commission's report to the 78th
6-17 Legislature, the commission may include any recommendation the
6-18 commission considers appropriate.
6-19 (c) The department shall cooperate with the Sunset Advisory
6-20 Commission in the review and shall provide to the commission any
6-21 information the commission considers necessary for the review.
6-22 (d) This section expires September 1, 2003.
6-23 ARTICLE 7. ENTITIES REMOVED FROM SUNSET REVIEW
6-24 SECTION 7.01. The following laws are repealed:
6-25 (1) Section 30.026, Education Code (governing board of
6-26 the Texas School for the Blind and Visually Impaired);
7-1 (2) Section 30.058, Education Code (governing board of
7-2 the Texas School for the Deaf);
7-3 (3) Section 86.511, Education Code (Real Estate
7-4 Research Center);
7-5 (4) Section 465.002, Government Code (Texas National
7-6 Research Laboratory Commission);
7-7 (5) Section 752.025, Government Code (Governor's
7-8 Advisory Committee on Immigration and Refugees);
7-9 (6) Section 451.453, Transportation Code (Capital
7-10 Metropolitan Transportation Authority, Corpus Christi Regional
7-11 Transit Authority, and Harris County Metropolitan Rapid Transit
7-12 Authority); and
7-13 (7) Section 452.453, Transportation Code (Dallas Area
7-14 Rapid Transit Authority).
7-15 ARTICLE 8. EFFECTIVE DATE
7-16 SECTION 8.01. This Act takes effect September 1, 2001.
S.B. No. 309
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 309 passed the Senate on
April 19, 2001, by a viva-voce vote; and that the Senate concurred
in House amendments on May 27, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 309 passed the House, with
amendments, on May 23, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor