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.