SRC-JEC H.B. 7 78(3)   BILL ANALYSIS


Senate Research Center   H.B. 7
By: Swinford (Ogden)
Finance
9/18/2003
Engrossed


DIGEST AND PURPOSE 

H.B. 7 relates to the organization, board membership, and functions of
certain agencies and to the transfer of certain functions to other
agencies.   

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the governor in SECTION
10.02 (Section 391.009, Local Government Code) of this bill. 

Rulemaking authority is expressly granted to the Board of Pardons and
Paroles in SECTION 12.07 (Section 508.036, Government Code) of this bill. 

Rulemaking authority previously granted to the Board of Pardons and
Paroles policy board is transferred to the Board of Pardons and Paroles in
SECTION 12.12 (Section 508.0441, Government Code) and SECTION 12.16
(Section 508.082, Government Code) of this bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  GOVERNOR'S BUDGET AUTHORITY AND PAYMENT 
OF CERTAIN TAX REFUNDS

SECTION  1.01.  Amends Section 401.046(a), Government Code, to require the
governor to 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 (Governor's Message and Recommendations; Accounting
for Public Money; Estimates of Money Required), Article IV, Texas
Constitution, at the commencement of each regular legislative session,
rather than not later than the sixth day of each regular legislative
session. 

SECTION  1.02.  (a)  Amends Rider 11, pages I-37 and I-38, Chapter 1330,
Acts of the 78th Legislature, Regular Session, 2003 (the General
Appropriations Act - GAA), to delete Subdivisions c. through j., relating
to the prohibition against the use of certain funds to pay a certain type
of refund claim, judgment, or settlement. 

(b)  Provides that this section applies to a tax refund payable from funds
appropriated by the GAA, regardless of whether the refund becomes payable
before, on, or after the effective date of this section. 

(c)  Effective date of this section:  upon passage or on the 91st day
after the last day of the legislative session. 

SECTION  1.03.  Repealer:  Section 401.047 (Penalty), Government Code.

ARTICLE 2.  UNCLAIMED PROPERTY

 SECTION  2.01.  Amends Section 72.101(a), Property Code, to include a
reference to a section added by this Act. 

SECTION  2.02.  Amends Subchapter B, Chapter 72, Property Code, by adding
Section 72.1015, as follows: 

Sec. 72.1015.  UNCLAIMED WAGES.  (a)  Defines "wages."

(b)  Sets forth circumstances under which an amount of unclaimed wages is
presumed abandoned. 

SECTION  2.03.  Amends Section 74.001(a), Property Code, as amended by
Chapter 465, Acts of the 78th Legislature, Regular Session, 2003, to
delete a reference to Subchapter C, Chapter 61, Labor Code. 

SECTION  2.04.  Amends Section 74.101(a), Property Code, as amended by
Chapter 465, Acts of the 78th Legislature, Regular Session, 2003, to make
a conforming change. 

SECTION  2.05.  Amends Section 74.301(a), Property Code, as amended by
Chapter 465, Acts of the 78th Legislature, Regular Session, 2003, to make
a conforming change. 

SECTION  2.06.  Repealer:  Subchapter G (Disposition of Unclaimed Wage
Payments), Chapter 61, Labor Code, as added by Chapter 465, Acts of the
78th Legislature, Regular Session, 2003. 

SECTION  2.07.  Effective date of this article:  upon passage or on the
91st day after the last day of the legislative session. 

ARTICLE 3.  ABANDONMENT OF PROCEEDS ON DEMUTUALIZATION

SECTION  3.01. Amends Section 72.101, Property Code, by adding Subsections
(c) and (d), as 
follows:

(c) Provides that property distributable in the course of a
demutualization or related reorganization of an insurance company is
presumed abandoned on the first anniversary of the date the property
becomes distributable if, at the time of the first distribution, 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 the owner has not communicated in writing with the
holder of the property or the holder's agent regarding the interest; or
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) Provides that property distributable in the course of a
demutualization or related reorganization of an insurance company that is
not subject to Subsection (c) is presumed abandoned as otherwise provided
by this section. 

SECTION  3.02. Effective date of this article: upon passage or on the 91st
day after the last day of the legislative session. 

ARTICLE 4.  TELECONFERENCE MEETING OF LEGISLATIVE BUDGET BOARD

SECTION  4.01. Amends Section 322.003, Government Code, by adding
Subsections (d) and (e), as follows: 

(d) Authorizes, as an exception to Chapter 551 (Open Meetings) and other
law, if the chairman  and vice-chairman of the Legislative Budget Board
(LBB) are physically present at a meeting, any number of the other members
of LBB to attend an LBB meeting by use of telephone conference call, video
conference call, or other similar telecommunications device.  Provides
that this subsection applies for purposes of constituting a quorum, for
purposes of voting, and for any other purpose allowing a member of LBB to
otherwise fully participate in any LBB meeting. Provides that this
subsection applies without exception with regard to the subject of the
meeting or topics considered by the members. 

(e) Sets forth requirements for a meeting held by use of telephone
conference call, video conference call, or other similar
telecommunications device. 

SECTION  4.02.  Makes application of the change in law made by this
article prospective. 

ARTICLE 5.  ENERGY AND WATER CONSERVATION BY STATE AGENCIES AND THE
COLLECTION OF CERTAIN INFRASTRUCTURE FEES 

SECTION  5.01.  Amends Chapter 447, Government Code, by adding Sections
447.010 and 
447.011, as follows:

Sec. 447.010. FUEL SAVINGS FOR STATE AGENCIES. (a) Defines
"cost-effective," "fuel-saving technology," "motor vehicle," "non-road
diesel," and "proven fuel-saving technologies." 

(b) Requires a state agency with 10 or more motor vehicles or non-road
diesels to reduce the total fuel consumption of the vehicles or diesels by
at least five percent from fiscal year 2002 consumption levels through the
use of cost-effective proven fuel-saving technologies. 

(c) Authorizes a state agency to delay reducing fuel use as described in
this section until a list of proven fuel-saving technologies is provided
by the state energy conservation office as provided by Section 447.011. 

(d) Prohibits a state agency from purchasing or using as a fuel-saving
technology a technology that is known to increase oxides of nitrogen
emissions or toxic air contaminants, may be reasonably concluded to
degrade air quality or human health or to negatively impact the
environment, or is known to negatively affect the manufacturer's warranty
of a motor vehicle or non-road diesel. 

(e) Authorizes a state agency to purchase cost-effective fuel-saving
technologies out of the agency's fuel budget. 

(f) Requires a state agency to competitively evaluate similar fuel-saving
technologies. 

(g) Authorizes a state agency to require a seller's agreement to refund
the cost of a fuel-saving technology if it is determined to be ineffective
at reducing fuel use by at least five percent before the 91st day after
the date the technology is first used by the agency. 

(h) Authorizes a state agency to use fuel-saving technologies that the
agency determines are cost-effective and to use a fuel-saving technology
in applications that provide other benefits, including emissions
reductions. 

(i) Authorizes a state agency to establish a program for agency employees
to voluntarily purchase fuel-saving technologies, and document reductions
in fuel savings and air emissions. 
 
(j) Requires a state agency to report to the state energy conservation
office annually, on a form provided by the office, on the state agency's
efforts and progress under this section. 

(k)  Provides that this section does not apply to an institution of higher
education as defined by Section 61.003, Education Code. 

Sec. 447.011. FIELD DEMONSTRATIONS. (a) Requires the Texas Department of
Transportation (TxDOT), under the direction of the state energy
conservation office, to demonstrate the effectiveness of at least four
fuel-saving technologies on a combined maximum of 100 motor vehicles or
non-road diesels in accordance with this section to determine the
fuelsaving technologies that may cost-effectively reduce fuel consumption
and save state revenue. 

(b) Requires TxDOT to select varying ages and types of motor vehicles and
non-road diesels to demonstrate the fuel-saving technologies and to give a
preference to high-use motor vehicles and non-road diesels in the
selection. 

(c) Requires TxDOT to demonstrate the performance of fuel-saving
technologies by certain methods. 

(d) Requires the state energy conservation office, in selecting the
technologies to be evaluated, to take certain actions. 

(e) Authorizes a fuel-saving technology to be disqualified from being
demonstrated or used if it is known to reduce engine performance, reduce
the life of the engine, require additional maintenance expenses, or
degrade air quality. 

(f) Authorizes the Texas Council on Environmental Technology (TCET), The
University of Texas Center for Transportation Research, the University of
Houston Diesel Emissions Center, or another agency to be designated to
assist with executing the demonstration, compiling the results, estimating
the potential average fuel savings of the technologies in different
applications, or preparing a final report. 

(g) Requires the state energy conservation office, on completing the
demonstration described by this section, to rank the fuel-saving
technologies based on their fuel savings, other cost savings, and overall
cost-effectiveness. Requires the state energy conservation office to take
certain actions. 

(h) Requires TCET to obtain information on any fuel-saving technology that
appears to reduce particulate matter, oxides of nitrogen, carbon monoxide,
or hydrocarbon emissions. Authorizes TCET to use this information to fund
the United States Environmental Protection Agency verification of a
technology in accordance with Section 387.003, Health and Safety Code. 

(i) Requires the state energy conservation office to provide the report
prepared under Subsection (g) to each state agency with 10 or more motor
vehicles or non-road diesels and to LBB. 

(j) Requires the demonstration and associated reports described by this
section to be completed not later than September 1, 2004. 

(k) Requires all results of a demonstration project under this section to
be made public on the state energy conservation office's Internet website. 

 (l) Requires the state energy conservation office to provide quarterly an
updated list of all proven fuel-saving technologies on its Internet
website. 

(m) Prohibits money from the state highway fund from being used for the
purchase, installation, maintenance, or operation of the fuel-saving
technologies being assessed or subjected to controlled field tests under
this section. Requires repairs to state equipment resulting from
demonstrations of fuel-saving technologies to be paid from the same funds
used to implement this section. 

SECTION 5.02.  Amends Chapter 2113, Government Code, by adding Subchapter
E, as follows: 

SUBCHAPTER E.  RESTRICTIONS ON CAPITAL EXPENDITURES

Sec. 2113.301.  PREFERENCE FOR FINANCING CERTAIN CAPITAL EXPENDITURES WITH
MONEY GENERATED BY UTILITY COST SAVINGS CONTRACT.  (a)  Defines "state
facility purpose" and "utility cost savings contract." 

(b)  Requires a state agency, before the state agency may use appropriated
money to make a capital expenditure for a state facility purpose, to
determine whether the expenditure could be financed with money generated
by a utility cost savings contract. 

(c)  Requires a state agency that is using appropriated money, if it is
practicable to do so, to finance a capital expenditure for a state
facility purpose with money generated by a utility cost savings contract. 

(d)  Requires a state agency, if it is not practicable for the state
agency that is using appropriated money to finance a capital expenditure
for a state facility purpose with money generated by a utility cost
savings contract, to provide justification to the comptroller of public
accounts (comptroller) for the capital expenditure. 
 
(e)  Requires a state agency, in determining under Subsection (b) whether
a capital expenditure could be financed by a utility cost savings
contract, to consider whether utility cost savings generated by any
department of that agency could be a potential means of financing a
capital expenditure for any department of that agency.  Authorizes money
generated by a utility cost savings in one department of a state agency to
be used to finance capital expenditures for a state facility purpose in
any department of that agency. 
  
(f)  Provides that this section does not apply to an institution of higher
education as defined by Section 61.003, Education Code. 

(g)  Provides that this section does not apply to a capital expenditure
for a state facility purpose that requires certain expeditious action. 

(h)  Requires the Texas Building and Procurement Commission to appoint a
task force to develop design recommendations that are to be used for state
facilities and that encourage rain harvesting and water recycling by state
agencies using appropriated money to finance a capital expenditure for a
state facility purpose. 

ARTICLE 6.  DESIGNATION OF PRESIDING OFFICERS

SECTION  6.01.  Amends Chapter 651, Government Code, by adding Section
651.010, as follows: 

Sec. 651.010.  APPOINTMENT OF PRESIDING OFFICERS BY GOVERNOR.  (a) Defines
"state agency." 
 
(b)  Authorizes the governor, notwithstanding other law, to 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. 

(c)  Sets forth exceptions to the application of this section.

ARTICLE 7.  ADMINISTRATION OF CERTAIN LEGISLATIVE AGENCIES

SECTION  7.01.  Amends Section 321.002(e), Government Code, to provide
that the lieutenant governor and the speaker of the house of
representatives are joint chairs of the legislative audit committee.
Deletes a requirement that the committee elect a chairman. 

SECTION  7.02.  Amends Sections 321.018(b) and (c), Government Code, to
make conforming changes. 

SECTION  7.03.  Amends Section 322.001(b), Government Code, to provide
that the lieutenant governor and speaker are joint chairs of LBB, rather
than the lieutenant governor being the chair and the speaker of the house
of representatives the vice-chair. 

SECTION  7.04.  Amends Sections 322.003(a) and (b), Government Code, to
authorize LBB to act on any matter that is within its jurisdiction by a
majority vote if a quorum is present.  Requires LBB to meet as often as
necessary to perform its duties.  Authorizes meetings to be held at any
time at the request, rather than call, of either of the joint chairs, or
on written petition of a majority of the LBB members from each house. 

SECTION  7.05.  Amends Section 322.006, Government Code, to make
conforming changes. 

SECTION  7.06.  Amends Section 322.009, Government Code, to make a
conforming change. 

SECTION  7.07.  Amends Section 322.013(d), Government Code, to make
conforming changes. 

SECTION  7.08.  Amends Section 323.001(b), Government Code, as amended by
Chapter 1328, Acts of the 78th Legislature, Regular Session, 2003, to
increase the number of senators from five to six and decrease the number
of house members from nine to five on the Texas Legislative Council (TLC). 

SECTION  7.09.  Amends Section 323.001(c), Government Code, to make the
lieutenant governor and the speaker of the house of representatives joint
chairs of TLC, rather than the lieutenant governor being chair and the
speaker being vice-chair. 

SECTION  7.10.  Amends Sections 323.003(a) and (b), Government Code, to
authorize TLC meetings to be held at any time at the request of either of
the joint chairs.  Provides that a majority of the TLC members from each
house of the legislature constitutes a quorum, rather than twelve members
including the chair and vice-chair. 

SECTION  7.11.  Amends Section 323.005(c), Government Code, to make
conforming changes. 

SECTION  7.12.  Amends Sections 323.008(a)-(d), Government Code, to make
conforming changes. 

SECTION  7.13.  Amends Section 323.011(b), Government Code, to make
conforming changes. 

SECTION  7.14.  Amends Section 323.012(b), Government Code, to make
conforming changes. 

SECTION  7.15.  Amends Sections 325.003(a), (d), and (j), Government Code,
as follows: 

(a)  Provides that the Sunset Advisory Commission (SAC) consists of five,
rather than four,  members of the senate and an equal number of members of
the house of representatives. 

(d)  Amends the terms of members of SAC to conform to the new number of
members from each house.  

(j)  Provides that seven, rather than six, members of SAC constitute a
quorum. 

SECTION  7.16.  (a)  Provides that if, on the effective date of this
article, more than five members of the house of representatives are
serving as TLC members, those members' terms on TLC expire on the
effective date of this article, and the speaker of the house of
representatives is required, as soon as possible on or after the effective
date, to appoint five members. 

(b)  Requires the lieutenant governor, as soon as possible on or after the
effective date of this article, to appoint an additional senator to serve
as a member of TLC. 

SECTION  7.17.  Requires the lieutenant governor and the speaker of the
house of representatives, as soon as possible on or after the effective
date of the section of this article amending Section 325.003, Government
Code, to appoint a member of the senate or house, respectively, to serve
initial terms on SAC under Section 325.003, Government Code, as amended by
this article, expiring September 1, 2005. 

SECTION  7.18.  Provides that the section of this article that amends
Section 325.003, Government Code, takes effect upon passage or on the 91st
day after the last day of the legislative session. 

ARTICLE 8.  REPORTS

SECTION  8.01.  Amends Section 363.064(a), Health and Safety Code, to
delete the inclusion of waste reduction in accordance with a certain goal
to the extent funds are available as a required element of a regional or
local solid waste management plan. 

SECTION  8.02.  Amends the heading to Section 5.178, Water Code, to read
as follows: 

Sec. 5.178.  ANNUAL REPORTS; BIENNIAL APPENDICES.

SECTION  8.03.  Amends Section 5.178(b), Water Code, to delete statutory
references to sections being repealed by this Act. 

SECTION  8.04.  (a)  Repealers:  Sections 361.020 (State Solid Waste
Plans), 361.0201 (Comprehensive Municipal Solid Waste Management),
361.0232 (Assessment of Commercial Hazardous Waste Management Capacity),
361.0233 (Assessment of Commercial Nonhazardous Solid Waste Disposal
Capacity), 361.0234 (Rules; Update of Rules and Assessments; Report),
361.040(d) (Development and Use of Landfill Gas), 361.0871(c) (Evaluation
of Waste Stream; Land Use and Need), 361.510 (Report), 371.063 (Biennial
Reporting Requirement), 382.141 (Report Required), Health and Safety Code. 

(b)  Repealer:  Section 5.178(c) (Annual Reports; Biennial Appendixes),
Water Code. 

SECTION  8.05.  (a)  Sets forth that it is the policy of this state to be
effective and efficient with public funds, to provide for effective and
efficient management of natural resources, and to serve the people of
Texas by making the government more visible, accessible, coherent,
consistent, and accountable to the people of Texas.  Sets forth
legislative findings that TCEQ's procedures for processing permits is
cumbersome, confusing, lengthy, and inefficient. 

(b)  Provides that TCEQ's permitting processes warrant, and the
legislature directs, an in-depth evaluation, including the identification
of problems, potential options, and solutions.  Requires  the evaluation
to solicit and consider input from all stakeholders, including public
hearings and the opportunity for submission of written and oral comments.
Requires the solutions identified in the final assessment of TCEQ's
permitting processes to ensure that certain conditions are met. 

(c)  Requires a seven-member study committee to conduct the evaluation and
final assessment required by Subsection (b) of this section and submit its
findings not later than December 1, 2004, to certain officials.  Sets
forth the composition of the study committee. 

(d)  Provides that it is the intent of the legislature to effectuate the
appropriate solutions through legislation at the earliest opportunity
subsequent to receipt of the study committee's final assessment. 

ARTICLE 9.  ABOLITION OF TEXAS COMMISSION ON PRIVATE SECURITY

SECTION  9.01.  Amends Section 1702.002, Occupations Code, by adding
Subdivisions (1-a) and (5-a), to define "board" and "department." 

SECTION  9.02.  Amends Subchapter A, Chapter 1702, Occupations Code, by
adding Sections 1702.005 and 1702.006, as follows: 

Sec. 1702.005.  DEPARTMENT OF PUBLIC SAFETY.  (a)  Provides that the Texas
Private Security Board (TPSB) is a part of the Department of Public Safety
(DPS).  Requires DPS to administer this chapter through TPSB. 

(b)  Provides that a reference in this chapter or another law to the Texas
Commission on Private Security means TPSB. 

Sec. 1702.006.  TEXAS DEPARTMENT OF HEALTH.  (a)  Defines "personal
emergency response system." 

(b)  Requires the Texas Department of Health (TDH), notwithstanding the
other provisions of this chapter, to administer the provisions of this
chapter applicable to certain persons associated with personal emergency
response systems. 

(c)  Provides that a reference in this chapter or another law to the Texas
Commission on Private Security in connection with a person described by
Subsection (b) means TDH. 

SECTION  9.03.  Amends Section 1702.021(a), Occupations Code, as amended
by Chapter 1170, Acts of the 78th Legislature, Regular Session, 2003, to
provide that TPSB consists of seven, rather than eight, members.  Deletes
text specifying characteristics of TPSB members.  Makes conforming
changes. 

SECTION  9.04.  Amends Section 1702.025, Occupations Code, as amended by
Chapter 1170, Acts of the 78th Legislature, Regular Session, 2003, and
Section 1702.026, Occupations Code, to make conforming changes. 

SECTION  9.05.  Amends Subchapter D, Chapter 1702, Occupations Code, by
adding Section 1702.0615, as follows: 

Sec. 1702.0615.  PLACEMENT OF PRIORITY ON PROCESSING CERTAIN APPLICATIONS.
(a)  Requires TPSB, in performing its functions and duties under this
chapter, to place a high priority on processing applications for licenses,
security officer commissions, and registrations filed by persons who
provide protection for critical  infrastructure. 

(b)  Requires TPSB to act on an application described by Subsection (a) as
expeditiously as possible but not later than the 60th day after the date
TPSB receives the application. 

(c)  Provides that this subsection expires December 1, 2005.

SECTION  9.06.  Repealer:  Section 1702.022 (Ex Officio Commission
Member), Occupations Code. 

SECTION  9.07.  Requires the governor to appoint TPSB members not later
than February 1, 2004. Sets forth terms for the members to be appointed. 

SECTION  9.08.  (a)  Provides that, on February 1, 2004, all functions and
activities of the Texas Commission on Private Security are transferred to
TPSB or TDH, as applicable; a rule or form is transferred; a reference in
law or rule to the Texas Commission on Private Security means TPSB or TDH;
a complaint, investigation, or other proceeding is transferred; all
property is transferred; and the unexpended and unobligated balance of any
appropriation is transferred. 

(b)  Authorizes the Texas Commission on Private Security, before February
1, 2004, to agree with DPS and TDH to transfer any of its property to DPS
or TDH to implement the transfer required by this article. 

(c)  Requires the Texas Commission on Private Security, during the period
beginning on the effective date of this article and ending on February 1,
2004, to continue to perform functions and activities under Chapter 1702,
Occupations Code, as if that chapter had not been amended by this article,
and provides that the former law is continued in effect for that purpose. 

ARTICLE 10.  OVERSIGHT OF REGIONAL PLANNING COMMISSIONS

SECTION  10.01.  Amends the heading to Section 391.009, Local Government
Code, to read as follows: 

Sec. 391.009.  ROLE OF STATE AUDITOR, GOVERNOR, AND STATE AGENCIES.

SECTION  10.02.  Amends Section 391.009, Local Government Code, by
amending Subsection (a) and adding Subsections (a-1) and (a-2), as
follows: 

(a)  Authorizes, rather than requires, the governor, with the technical
assistance of the state auditor, to draft and adopt certain rules,
guidelines, and reporting requirements for a regional planning commission,
to protect the public interest and promote the efficient use of public
funds. 

(a-1)  Authorizes the governor to draft and adopt rules under Subsection
(a) using negotiated rulemaking procedures under Chapter 2008, Government
Code. 

(a-2)  Requires the state auditor's office to assist the governor as
provided by Subsection (a), based on a risk assessment performed by the
state auditor and subject to the legislative audit committee's approval
for inclusion in the audit plan under Section 321.013, Government Code. 

SECTION  10.03.  Amends Section 391.0095, Local Government Code, as
amended by Chapter 785, Acts of the 78th Legislature, Regular Session,
2003, to require a regional planning commission to report certain
information annually to the state auditor, rather than the governor.
Includes references to audits being directed, rather than commissioned, by
the governor's office.  Requires the state auditor, if  a regional
planning commission fails to submit a report or audit or is determined by
the state auditor, rather than governor, to have failed to comply with a
rule, requirement, or guideline adopted under Section 391.009, to report
the failure to the governor's office.  Requires a regional planning
commission to send reports and audits to the governor.  Makes conforming
and nonsubstantive changes. 

SECTION  10.04.  Amends Section 391.0117(e), Local Government Code, to
require a regional planning commission to submit certain information to
the state auditor, rather than the governor. Requires the state auditor,
if the state auditor, subject to the legislative audit committee's
approval for inclusion in the audit plan under Section 321.013, Government
Code, has recommendations to improve a regional planning commission's
salary schedule or a portion of the schedule, to report the
recommendations to the governor's office.  Prohibits the governor's office
from allowing the portion of the schedule for which the state auditor has
recommendations from going into effect until revisions or explanations are
given that are satisfactory to the governor based on recommendations from
the state auditor. 

SECTION  10.05.  Provides that on the effective date of this article, a
rule, requirement, or guideline adopted by the governor relating to the
oversight of regional planning commissions remains in effect until amended
or repealed by the governor. 

ARTICLE 11.  COMMISSIONER OF INSURANCE

SECTION  11.01.  Amends Section 31.023, Insurance Code, to delete existing
text relating to certain qualifications of the commissioner of insurance. 

SECTION 11.02. Makes application of this article prospective.

ARTICLE 12.  PARDONS AND PAROLES

SECTION  12.01.  Amends Section 492.0131, Government Code, to change
references to the Board of Pardons and Paroles (BPP) Policy Board (policy
board) to the presiding officer of BPP. 

SECTION  12.02.  Amends Section 508.001, Government Code, by amending
Subdivision (8) and adding Subdivision (10) to define "parole
commissioner" and "presiding officer," and to delete the definition of
"policy board." 

SECTION  12.03.  Amends Section 508.031(a), Government Code, to provide
that BPP consists of seven, rather than 18, members appointed by the
governor with the advice and consent of the senate. 

SECTION  12.04.  Amends Section 508.032, Government Code, by adding
Subsections (c)-(e), as follows: 

(c)  Prohibits a person who is a former employee of the Texas Department
of Criminal Justice (TDCJ) from serving on BPP before the second
anniversary of the date the person terminated employment with TDCJ.
Prohibits a person who is employed by TDCJ on August 1, 2003, from being
employed by BPP before August 1, 2005. 

(d)  Prohibits, at any time, more than three members of BPP from being
former TDCJ employees. 

(e)  Provides that for purposes of Subsections (c) and (d), previous
service as a BPP member is not considered to be TDCJ employment. 

SECTION  12.05.  Amends Section 508.034, Government Code, as follows:

 (a) Provides that it is a ground for removal from BPP that a member is
absent from more than half of the regularly scheduled board or panel
meetings that the member is eligible to attend during each calendar year.
Removes an exception when the absence is excused by a majority vote of the
board. 

(b) Deletes existing text of Subsection (b).  Redesignates existing
Subsection (c) as Subsection (b) and amends it to make conforming changes. 

(c)  Redesignates existing Subsection (d) as Subsection (c) and amends it
to delete provisions relating to the policy board. 

(d)  Redesignated from existing Subsection (e).

(e)  Redesignates existing Subsection (f) as Subsection (e) and amends it
to provide that it is a ground for removal from BPP that a member fails to
comply with policies or rules adopted by BPP, rather than the policy
board. 

SECTION  12.06.  Amends Section 508.035, Government Code, by amending
Subsection (c) and adding Subsection (d), as follows: 

(c) Makes a conforming change.

(d) Authorizes the presiding officer of BPP to delegate responsibilities
and authority to other members of BPP, parole commissioners, or employees
of BPP; to appoint advisory committees from the membership of BPP or from
parole commissioners to further the efficient administration of BPP
business; and to establish policies and procedures to further the
efficient administration of the business of BPP.  

SECTION  12.07.  Amends Section 508.036, Government Code, as amended by
Section 31.01, Chapter 1170, Acts of the 78th Legislature, Regular
Session, 2003, as follows: 

Sec. 508.036. New heading: GENERAL ADMINISTRATIVE DUTIES. (a)  Deletes
previously existing Subsections (a) and (b) relating to the designation of
the members of the policy board.  Sets forth administrative duties of the
presiding officer. 

(b)  Sets forth administrative duties of BPP, including rulemaking
authority. 

(c)  Requires the BPP administrator to prepare and maintain a written plan
relating to access to BPP's programs and services by a person who does not
speak English. 

(d) Provides that BPP, in performing its duties, is subject to the open
meetings law, Chapter 551 (Open Meetings), and the administrative
procedure law, Chapter 2001 (Administrative Procedure).  Provides that
this subsection does not affect the provisions of Section 2001.223
(Exceptions from Declaratory Judgment, Court) exempting hearings and
interviews conducted by BPP or the division from Section 2001.038
(Declaratory Judgment) and Subchapters C-H, Chapter 2001. 

SECTION  12.08.  Amends Section 508.0362, Government Code, to prohibit a
parole commissioner employed by BPP from voting or deliberating on a
matter described by Section 508.0441 until the person completes at least
one course of a training program that complies with this section.
Requires a training program to provide certain information, including the
role and functions of BPP and parole commissioners.  Makes conforming
changes.  

SECTION  12.09.  Amends Section 508.040(a), Government Code, to provide
that the presiding officer, with the advice and consent of a BPP majority,
is responsible for the employment and  supervision of certain persons,
including parole commissioners and personnel to assist in clemency and
hearing matters. 

SECTION  12.10.  Amends Section 508.041, Government Code, to make
conforming changes. 

SECTION  12.11.  Amends Section 508.042, Government Code, as follows:

Sec. 508.042.  New heading: TRAINING PROGRAM FOR MEMBERS AND PAROLE
COMMISSIONERS.  Prohibits a parole commissioner from participating in a
vote of a panel until the commissioner completes the program.  Provides
that this subdivision does not apply to a new parole commissioner who as a
BPP member completed the program.  Makes conforming changes. 

SECTION  12.12.  Amends Subchapter B, Chapter 508, Government Code, by
amending Section 508.044 and adding Section 508.0441, as follows:   

Sec. 508.044.  Requires a BPP member to give full time to the duties of
the member's office, including duties imposed on BPP by the Texas
Constitution and other law. 

Sec. 508.0441.  RELEASE AND REVOCATION DUTIES.  Redesignates previously
existing text of Section 508.044.  Sets forth determinations required to
be made by BPP members and parole commissioners relating to release and
revocation.  Requires the BPP, rather than the policy board, to develop
and implement a policy that clearly defines circumstances under which a
BPP member or parole commissioner should disqualify himself or herself
from voting on certain matters.  Authorizes BPP, rather than the policy
board, to adopt reasonable rules as proper or necessary relating to
certain matters.  Authorizes the presiding officer, rather than the policy
board, to provide a written plan for the administrative review of actions
taken by a parole panel by a review panel, rather than by the entire
membership or by a subset of the entire membership of BPP.  Requires BPP
members and parole commissioners, at the direction of the presiding
officer, to file activity reports on duties performed under this chapter. 

SECTION  12.13.  Amends Section 508.045, Government Code, by amending
Subsections (a) and (b) to require BPP and parole commissioners to act in
panels composed of three in certain matters. Requires the presiding
officer, rather than the presiding officer of BPP, to designate the
composition of each panel, and requires the presiding officer to designate
panels composed of at least one BPP member and any combination of BPP
members and parole commissioners. 

SECTION  12.14.  Amends Section 508.047(a), Government Code, to require
the members of BPP, rather than the policy board, to meet at least once in
each quarter of the calendar year at a site determined by the presiding
officer. 

SECTION  12.15.  Amends Section 508.049, Government Code, to require BPP,
rather than the policy board, after consultation with the governor and the
Texas Board of Criminal Justice (TBCJ), to adopt a mission statement that
reflects the responsibilities for the operation of the parole process that
are assigned to BPP, the pardons and paroles division, TDCJ, or TBCJ.
Requires BPP, rather than the policy board, to include in the mission
statement a description of specific locations at which BPP intends to
conduct business related to the operation of the parole process. 

SECTION  12.16.  Amends Section 508.082, Government Code, to require BPP,
rather than the policy board, to adopt rules relating to certain matters,
including the time, place, and manner of contact between a person
representing an inmate and a member of BPP or a parole commissioner, an
employee of BPP; or an employee of TDCJ. 

SECTION  12.17.  Amends Section 508.141(g), Government Code, as added by
Chapter 349, Acts  of the 78th Legislature, Regular Session, 2003, to
require BPP, rather than the policy board, to adopt a policy establishing
the date on which BPP may reconsider for release an inmate who has
previously been denied release. 

SECTION  12.18.  Amends Section 508.144 (b), Government Code, to require a
BPP member or parole commissioner, if the member or parole commissioner
deviates from the parole guidelines in voting on a parole decision, to
produce a brief written statement describing the circumstances regarding
the departure from the guidelines and place a copy of the statement in the
file of the inmate for whom the parole decision was made.  

SECTION  12.19. Amends Section 508.153(b), Government Code, to authorize,
if more than one person is entitled to appear in person before BPP members
or parole commissioners, only the person chosen by all persons entitled to
appear as the persons' sole representative to appear. 

SECTION  12.20.  Amends Section 508.281(a), Government Code, to provide
that a releasee, a person released although ineligible for release, or a
person granted a conditional pardon is entitled to a hearing before a
parole panel or a designated agent of BPP under the rules adopted by BPP,
rather than the policy board, and within a period that permits a parole
panel, a designee of BPP, or TDCJ to dispose of the charges within the
periods established by Sections 508.282(a) and (b) under certain
conditions. 

SECTION  12.21.  Amends Section 508.313(c), Government Code, as amended by
Section 3, Chapter 6, Acts of the 78th Legislature, Regular Session, 2003,
to require TDCJ, on request or in the normal course of official business,
to provide information that is confidential and privileged under
Subsection (a) to certain persons, including a member of BPP or a parole
commissioner. 

SECTION  12.22.  (a)  Repealer: Section 508.0361 (Policy Board: General
Administrative Provisions), Government Code. 

(b)  Repealer:  Section 31.02 (relating to the governor's appointment of
an additional member of the BPP policy board), Chapter 1170, Acts of the
78th Legislature, Regular Session, 2003. 

SECTION  12.23.  Sets forth provisions for the appointment of new members
to BPP by the governor, including provisions relating to terms of new
members.  Provides that on the effective date of this article, a rule of
the policy board is a rule of BPP. 

SECTION  12.24.  Provides that, notwithstanding Section 508.040(a),
Government Code, as amended by this article, until February 1, 2004, the
presiding officer of BPP is required to exercise responsibilities imposed
by that section with the advice and consent of the policy board. 

SECTION  12.25.  Sets forth legislative intent regarding hiring members of
BPP as parole commissioners. 

ARTICLE 13.  EFFECTIVE DATE

SECTION  13.01.  Effective date:  the 91st day after the last day of the
legislative session.