78S10099 MTB-F
By: Swinford H.B. No. 24
A BILL TO BE ENTITLED
AN ACT
relating to the organization and operations of, and fiscal matters
affecting, certain state entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PUBLIC INFORMATION AND BUDGETARY WORKING PAPERS
SECTION 1.01. Subchapter C, Chapter 401, Government Code,
is amended by adding Section 401.0446 to read as follows:
Sec. 401.0446. BUDGETARY WORKING PAPERS. (a) In this
section "budgetary working paper" means information, other than a
uniform budget estimate form, that is created, received,
considered, or otherwise used by a governmental body in estimating
revenues or in considering or preparing a draft or final biennial
state fiscal budget, including a draft, a working paper, supporting
material, research material, or an internal or external
communication relating to that budget.
(b) A budgetary working paper that is collected, assembled,
or maintained by the governor, lieutenant governor, comptroller,
speaker of the house of representatives, Legislative Budget Board,
senate finance committee, senate state affairs committee, house
appropriations committee, or house ways and means committee is
excepted from required public disclosure under Chapter 552 or any
other law of this state. Section 552.022 does not apply to
information excepted from required public disclosure by this
section.
ARTICLE 2. TELECONFERENCE MEETING OF THE LEGISLATIVE BUDGET BOARD
SECTION 2.01. Section 322.003, Government Code, is amended
by adding Subsections (d) and (e) to read as follows:
(d) As an exception to Chapter 551 and other law, if the
chairman and vice-chairman of the board are physically present at a
meeting, then any number of the other members of the board may
attend a meeting of the board by use of telephone conference call,
video conference call, or other similar telecommunication device.
This subsection applies for purposes of constituting a quorum, for
purposes of voting, and for any other purpose allowing a member of
the board to otherwise fully participate in any meeting of the
board. This subsection applies without exception with regard to
the subject of the meeting or topics considered by the members.
(e) A meeting held by use of telephone conference call,
video conference call, or other similar telecommunication device:
(1) is subject to the notice requirements applicable
to other meetings;
(2) must specify in the notice of the meeting the
location of the meeting;
(3) must be open to the public and shall be audible to
the public at the location specified in the notice of the meeting as
the location of the meeting; and
(4) must provide two-way audio communication between
all parties attending the meeting during the entire meeting.
ARTICLE 3. ABOLITION OF TEXAS COMMISSION ON PRIVATE SECURITY
SECTION 3.01. Subchapter A, Chapter 1702, Occupations Code,
is amended by adding Section 1702.005 to read as follows:
Sec. 1702.005. COMMISSION ABOLISHED AND FUNCTIONS
TRANSFERRED. (a) The commission is abolished, and all powers,
duties, personnel, property, assets, and obligations of the
commission are transferred to the Department of Public Safety of
the State of Texas. The validity of a prior action of the
commission is not affected by the abolishment.
(b) All rules of the commission relating to a transferred
power or duty remain in effect as rules of the Department of Public
Safety of the State of Texas until amended or repealed by the
Department of Public Safety of the State of Texas.
(c) A reference in this chapter or another law to the
commission means the Department of Public Safety of the State of
Texas.
ARTICLE 4. ABANDONMENT OF PROCEEDS ON DEMUTUALIZATION
SECTION 4.01. Section 72.101, Property Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) Property distributable in the course of a
demutualization, rehabilitation, or related reorganization of an
insurance company is presumed abandoned on the first anniversary of
the date the property becomes distributable if, on that date:
(1) the last known address of the owner according to
the records of the holder of the property is known to be incorrect
or the distribution or statements related to the distribution are
returned by the post office as undeliverable; and
(2) the owner has not:
(A) communicated in writing with the holder of
the property or the holder's agent regarding the interest; or
(B) otherwise communicated with the holder
regarding the interest as evidenced by a memorandum or other record
on file with the holder or its agents.
(d) Property distributable in the course of a
demutualization, rehabilitation, or related reorganization of an
insurance company that is not subject to Subsection (c) is presumed
abandoned as otherwise provided by this section.
SECTION 4.02. Section 74.301, Property Code, is amended by
amending Subsection (a), as amended by House Bill No. 826, Acts of
the 78th Legislature, Regular Session, 2003, and adding Subsection
(d) to read as follows:
(a) Except as provided by Subsection (c) or (d), each holder
who on June 30 holds property that is presumed abandoned under
Chapter 72, 73, or 75 of this code or Subchapter G, Chapter 61,
Labor Code, shall deliver the property to the comptroller on or
before the following November 1 accompanied by the report required
to be filed under Section 74.101.
(d) If the property subject to delivery under Subsection (a)
is proceeds from the demutualization, rehabilitation, or related
reorganization of an insurance company, the holder shall deliver
the property and required report to the comptroller on or before the
following August 1.
SECTION 4.03. This article takes effect September 1, 2003,
if this Act receives a vote of two-thirds of all the members elected
to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
this article to take effect on that date, this article takes effect
November 1, 2003.
ARTICLE 5. REVIEW OF UNIVERSITY SYSTEM ADMINISTRATION
SECTION 5.01. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0515 to read as follows:
Sec. 61.0515. REVIEW OF UNIVERSITY SYSTEM ADMINISTRATION.
(a) The board shall perform a review of the organization and
operations of each university system office to:
(1) identify appropriate organizational structures
for university systems and system offices;
(2) identify and quantify workforce and other
resources at each system office used to provide services and
functions common to each system office; and
(3) determine the extent to which system
administration employees are performing services and functions
that are also provided by employees of individual component
institutions of each university system.
(b) In the review, the board shall identify the number and
types of administrative and executive positions in the
administration of each university system, and shall examine each
major function, service, or activity performed by university system
offices, including:
(1) central administration;
(2) academic affairs coordination and support;
(3) general counsel and other legal services;
(4) budgeting, accounting, and data reporting;
(5) fiscal management;
(6) facilities planning and construction;
(7) governmental relations;
(8) audit services;
(9) real estate management;
(10) information technology services; and
(11) aircraft operation and usage.
(c) Not later than November 1, 2004, the board shall prepare
a report of the review and deliver the report to the governor,
lieutenant governor, speaker of the house of representatives,
Legislative Budget Board, and chair of the standing committee of
each house of the legislature with primary jurisdiction over higher
education. In the report, the board shall state its findings and
identify opportunities for legislative and administrative action
relating to:
(1) the reorganization of university system offices
and functions;
(2) the consolidation or reorganization of university
systems; and
(3) the consolidation or centralization of functions,
services, or activities of university system offices.
(d) In the report, the board shall identify potential
reductions in personnel and other cost savings associated with each
legislative or administrative action the board identifies under
Subsection (c).
(e) This section expires September 1, 2005.
ARTICLE 6. GOVERNOR'S BUDGET AUTHORITY
SECTION 6.01. Section 401.0445(b), Government Code, is
amended to read as follows:
(b) In the budget, the governor shall show:
(1) the list of appropriations for the current year
preceding the biennium for which appropriations are sought and
recommended;
(2) expenditures for [each of] the year [two full
years] preceding the current year; and
(3) the amounts requested by the various agencies and
the amounts recommended by the governor for each of the years of the
biennium.
SECTION 6.02. Section 401.046(a), Government Code, is
amended to read as follows:
(a) The governor shall deliver a copy of the governor's
budget to each member of the legislature before the governor gives
the message to the legislature required by Section 9, Article IV,
Texas Constitution, at the commencement [not later than the sixth
day] of each regular legislative session.
SECTION 6.03. Section 401.047 and Chapter 2053, Government
Code, are repealed.
ARTICLE 7. COMMISSIONER OF INSURANCE
SECTION 7.01. Section 31.022(a), Insurance Code, is amended
to read as follows:
(a) The governor, with the advice and consent of the senate,
shall appoint the commissioner. The commissioner serves a one-year
[two-year] term that expires on February 1 [of each odd-numbered
year].
SECTION 7.02. Section 31.023, Insurance Code, is amended to
read as follows:
Sec. 31.023. QUALIFICATIONS. The commissioner must:
(1) be a competent and experienced administrator;
(2) be well informed and qualified in the fields
[field] of insurance and insurance regulation; and
(3) have [at least 10 years of] experience [as an
executive] in the administration of business or government [or as a
practicing attorney or certified public accountant, with at least
five years of that experience in the field of insurance or insurance
regulation].
ARTICLE 8. MEMBERS OF PARKS AND WILDLIFE COMMISSION
SECTION 8.01. Section 11.012(d), Parks and Wildlife Code,
is amended to read as follows:
(d) In making appointments under this section, the
governor:
(1) shall:
(A) attempt to include persons with expertise in
diverse fields, including fields such as historic preservation,
conservation, and outdoor recreation; and
(B) consider the commission's composition in
terms of:
(i) the geographical areas represented by
members of the commission; and
(ii) the appropriate balance of
representatives from rural and urban areas; and
(2) may include persons who have an interest in and
knowledge of hunting, fishing, wildlife, environmental concerns,
land or water use issues, or water quality issues.
SECTION 8.02. (a) As soon as possible on or after November
1, 2003, the governor shall appoint nine members to the Parks and
Wildlife Commission under Section 11.012, Parks and Wildlife Code,
as amended by this Act. The governor shall designate:
(1) three members, including one public member, for
terms expiring February 1, 2005;
(2) three members, including one public member, for
terms expiring February 1, 2007; and
(3) three members, including one public member, for
terms expiring February 1, 2009.
(b) The governor may reappoint a person who served as a
member of the Parks and Wildlife Commission before November 1,
2003.
(c) The position of a member of the Parks and Wildlife
Commission serving immediately before November 1, 2003, is
abolished at the time five or more of the newly appointed directors
qualify for office. Until the abolition of the members' positions
occurs under this section, the members serving immediately before
November 1, 2003, have the same powers and duties that the members
had immediately before that date and the commission continues to be
composed in the way it was composed before that date, and the former
law is continued in effect for that purpose.
ARTICLE 9. DESIGNATION OF PRESIDING OFFICERS
SECTION 9.01. Chapter 651, Government Code, is amended by
adding Section 651.010 to read as follows:
Sec. 651.010. APPOINTMENT OF PRESIDING OFFICERS BY
GOVERNOR. (a) In this section, "state agency" means a department,
commission, board, office, council, authority, or other agency in
the executive branch of state government that is created by the
constitution or a statute of this state, including:
(1) a university system or institution of higher
education as defined by Section 61.003, Education Code; and
(2) a river authority as defined by Section 30.003,
Water Code.
(b) Notwithstanding other law, the governor may designate a
member of the governing body of each state agency as the presiding
officer of that governing body to serve in that capacity at the
pleasure of the governor.
ARTICLE 10. REPORTS
SECTION 10.01. Section 363.064(a), Health and Safety Code,
is amended to read as follows:
(a) A regional or local solid waste management plan must:
(1) include a description and an assessment of current
efforts in the geographic area covered by the plan to minimize
production of municipal solid waste, including sludge, and efforts
to reuse or recycle waste;
(2) identify additional opportunities for waste
minimization and waste reuse or recycling;
(3) include a description and assessment of existing
or proposed community programs for the collection of household
hazardous waste;
(4) make recommendations for encouraging and
achieving a greater degree of waste minimization and waste reuse or
recycling in the geographic area covered by the plan;
(5) encourage cooperative efforts between local
governments in the siting of landfills for the disposal of solid
waste;
(6) consider the need to transport waste between
municipalities, from a municipality to an area in the jurisdiction
of a county, or between counties, particularly if a technically
suitable site for a landfill does not exist in a particular area;
(7) allow a local government to justify the need for a
landfill in its jurisdiction to dispose of the solid waste
generated in the jurisdiction of another local government that does
not have a technically suitable site for a landfill in its
jurisdiction;
(8) establish recycling rate goals appropriate to the
area covered by the plan;
(9) recommend composting programs for yard waste and
related organic wastes that may include:
(A) creation and use of community composting
centers;
(B) adoption of the "Don't Bag It" program for
lawn clippings developed by the Texas Agricultural Extension
Service; and
(C) development and promotion of education
programs on home composting, community composting, and the
separation of yard waste for use as mulch;
(10) include an inventory of municipal solid waste
landfill units, including:
(A) landfill units no longer in operation;
(B) the exact boundaries of each former landfill
unit or, if the exact boundaries are not known, the best
approximation of each unit's boundaries;
(C) a map showing the approximate boundaries of
each former landfill unit, if the exact boundaries are not known;
(D) the current owners of the land on which the
former landfill units were located; and
(E) the current use of the land;
(11) assess the need for new waste disposal capacity;
and
(12) include a public education program[; and
[(13) include waste reduction in accordance with the
goal established under Section 361.0201(d), to the extent that
funds are available].
SECTION 10.02. The heading to Section 5.178, Water Code, is
amended to read as follows:
Sec. 5.178. ANNUAL REPORTS; BIENNIAL APPENDICES
[APPENDIXES].
SECTION 10.03. Section 5.178(b), Water Code, is amended to
read as follows:
(b) The report due by December 1 of an even-numbered year
shall include, in addition:
(1) the commission's recommendations for necessary and
desirable legislation; and
(2) the following reports:
(A) the assessments and reports required by
Section [Sections] 361.0219(c)[, 361.0232, 361.510, 371.063, and
382.141], Health and Safety Code;
(B) the reports required by Section 26.0135(d)
[of this code] and Section 5.02, Chapter 133, Acts of the 69th
Legislature, Regular Session, 1985; and
(C) a summary of the analyses and assessments
required by Section 5.1773 [of this code].
SECTION 10.04. (a) Sections 361.020, 361.0201, 361.0232,
361.0233, 361.0234, 361.040(d), 361.0871(c), 361.510, 371.063,
382.141, Health and Safety Code, are repealed.
(b) Section 5.178(c), Water Code, is repealed.
ARTICLE 11. EFFECTIVE DATE
SECTION 11.01. Except as otherwise provided by this Act,
this Act takes effect November 1, 2003.