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78S30112 MTB-F
By: Swinford, Allen H.B. No. 7
A BILL TO BE ENTITLED
AN ACT
relating to the reorganization of, efficiency in, and other reform
measures applying to state government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GOVERNOR'S BUDGET AUTHORITY AND PAYMENT
OF CERTAIN TAX REFUNDS
SECTION 1.01. 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 1.02. (a) Rider 11, pages I-37 and I-38, Chapter
1330, Acts of the 78th Legislature, Regular Session, 2003 (the
General Appropriations Act), is amended to read as follows:
11. Appropriation of Tax Refunds. As much of the respective
taxes, fees, and charges, including penalties or other financial
transactions administered or collected by the Comptroller as may be
necessary is hereby appropriated and set aside to pay refunds,
interest, and any costs and attorney fees awarded in court cases, as
provided by law, subject to the following limitations and
conditions:
a. Unless another law, or section of this Act,
provides a period within which a particular refund claim must be
made, funds appropriated herein may not be used to pay a refund
claim made under this section after four years from the latest date
on which the amount collected or received by the State was due, if
the amount was required to be paid on or before a particular date.
If the amount was not required to be paid on or before a particular
date, a refund claim may not be made after four years from the date
the amount was collected or received. A person who fails to make a
refund claim within the period provided by law, or this provision,
shall not be eligible to receive payment of a refund under this
provision.
b. As a specific limitation to the amount of refunds
paid from funds appropriated in this Act during the 2004-05
biennium, the Comptroller shall not approve claims or issue
warrants for refunds in excess of the amount of revenue estimated to
be available from the tax, fee, or other revenue source during the
biennium according to the Biennial Revenue Estimate of the
Comptroller of Public Accounts used for certification of this Act.
Any claim or portion of a claim which is in excess of the limitation
established by this subsection "b" shall be presented to the next
legislature for a specific appropriation in order for payment to be
made. The limitation established by this subsection "b" shall not
apply to any taxes or fees paid under protest.
[c. None of the funds appropriated by this provision
may be expended to pay a refund claim, a final judgement, or a
settlement, including any statutory interest thereon or any costs
and attorney fees awarded by court order, that is in excess of
$250,000. Any claim that is in excess of the limitation established
by this subsection "c" shall be presented to the legislature for a
specific appropriation in order for payment to be made.
[d. None of the funds appropriated by this provision
may be expended to pay a refund claim, a final judgment, or a
settlement, including any statutory interest thereon or any costs
and attorney fees awarded by court order, that would cause the
aggregate amount paid to, or on behalf of, an individual or entity
pursuant to this provision during the biennium beginning September
1, 2003, to exceed $250,000. Any claim that is in excess of the
limitation established by this subsection "d" shall be presented to
the legislature for a specific appropriation in order for payment
to be made.
[e. The limitations established by subsection "c" and
subsection "d" do not apply to a payment made:
[(1) on a final judgment in those cases where the
judgment order of the trial court was entered prior to the effective
date of this Act,
[(2) on a settlement agreement executed prior to
the effective date of this Act, or
[(3) on a Comptroller's final decision issued
prior to the effective date of this Act.
[f. For purposes of this provision, "final judgment"
means a judgment rendered in a federal court or a court in this
state for which an appeal or rehearing, or application therefor, is
not pending and for which the time limitations for appeal or
rehearing have expired. For the purposes of this provision, a
Comptroller's final decision means a decision of the Comptroller
which is administratively final and for which limitations has
expired for seeking rehearing or filing a lawsuit in court. For the
purposes of this provision, a "settlement agreement" must be in
writing and signed by the necessary parties. A settlement agreement
shall be deemed to be "executed" on the date upon which the last
signature of a necessary party is affixed thereon.
[g. The payment of a settlement or final judgment may
be made only with a complete release from any and all related claims
and causes against the State, and in the case of a judgment, the
payment may be made only in full satisfaction of that judgment.
[h. Subsection "c" and subsection "d" shall not apply
to a refund granted pursuant to an informal review under Section
111.1042 of the Tax Code, if that refund claim is filed with the
Comptroller no later than 120 days after the original due date of
the report for the period for which the refund is claimed.
[i. This provision shall not apply to refunds of
unclaimed property made pursuant to Title 6 of the Property Code.
[j. Except pursuant to this provision, none of the
funds appropriated by this Act may be expended to pay a refund of
any tax, fee, penalty, charge, or other assessment collected or
administered by the Comptroller or to pay a judgment, settlement,
or administrative hearing decision, including any statutory
interest thereon or any costs and attorney fees awarded by court
order, relating to a refund of any tax, fee, penalty, charge or
other assessment collected or administered by the Comptroller.]
(b) This section applies to a tax refund payable from funds
appropriated by Chapter 1330, Acts of the 78th Legislature, Regular
Session, 2003, regardless of whether the refund becomes payable
before, on, or after the effective date of this section.
(c) This section takes effect immediately 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 immediate
effect, this section takes effect on the 91st day after the last day
of the legislative session.
SECTION 1.03. Section 401.047, Government Code, is
repealed.
ARTICLE 2. UNCLAIMED PROPERTY
SECTION 2.01. Section 72.101(a), Property Code, is amended
to read as follows:
(a) Except as provided by this section and Sections 72.1015
and [Section] 72.102, personal property is presumed abandoned if,
for longer than three years:
(1) the existence and location of the owner of the
property is unknown to the holder of the property; and
(2) according to the knowledge and records of the
holder of the property, a claim to the property has not been
asserted or an act of ownership of the property has not been
exercised.
SECTION 2.02. Subchapter B, Chapter 72, Property Code, is
amended by adding Section 72.1015 to read as follows:
Sec. 72.1015. UNCLAIMED WAGES. (a) In this section,
"wages" has the meaning assigned by Section 61.001, Labor Code.
(b) An amount of unclaimed wages is presumed abandoned if,
for longer than one year:
(1) the existence and location of the person to whom
the wages are owed is unknown to the holder of the wages; and
(2) according to the knowledge and records of the
holder of the wages, a claim to the wages has not been asserted or an
act of ownership of the wages has not been exercised.
SECTION 2.03. Section 74.001(a), Property Code, as amended
by Chapter 894, Acts of the 78th Legislature, Regular Session,
2003, is amended to read as follows:
(a) Except as provided by Subsection (b), this chapter
applies to a holder of property that is presumed abandoned under[:
[(1)] Chapter 72, Chapter 73, or Chapter 75 [of this
code; or
[(2) Subchapter G, Chapter 61, Labor Code].
SECTION 2.04. Section 74.101(a), Property Code, as amended
by Chapter 894, Acts of the 78th Legislature, Regular Session,
2003, is amended to read as follows:
(a) Each holder who on June 30 holds property that is
presumed abandoned under Chapter 72, 73, or 75 of this code or
under[,] Chapter 154, Finance Code, [or Subchapter G, Chapter 61,
Labor Code,] shall file a report of that property on or before the
following November 1. The comptroller may require the report to be
in a particular format, including a format that can be read by a
computer.
SECTION 2.05. Section 74.301(a), Property Code, as amended
by Chapter 894, Acts of the 78th Legislature, Regular Session,
2003, is amended to read as follows:
(a) Except as provided by Subsection (c), 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.
SECTION 2.06. Subchapter G, Chapter 61, Labor Code, as
added by Chapter 894, Acts of the 78th Legislature, Regular
Session, 2003, is repealed.
SECTION 2.07. This article takes effect immediately 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 immediate
effect, this article takes effect on the 91st day after the last day
of the legislative session.
ARTICLE 3. ABANDONMENT OF PROCEEDS ON DEMUTUALIZATION
SECTION 3.01. 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 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:
(1) communicated in writing with the holder of the
property or the holder's agent regarding the interest; or
(2) 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 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. This article takes effect immediately 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 immediate
effect, this article takes effect on the 91st day after the last day
of the legislative session.
ARTICLE 4. TELECONFERENCE MEETING OF LEGISLATIVE BUDGET BOARD
SECTION 4.01. 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, 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 at which the chairman and vice-chairman
will be physically present;
(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 at which the chairman and vice-chairman
will be physically present; and
(4) must provide two-way audio communication between
all members of the board attending the meeting during the entire
meeting, and if the two-way audio communication link with any
member attending the meeting is disrupted at any time, the meeting
may not continue until the two-way audio communication link is
reestablished.
SECTION 4.02. The change in law made by this article applies
in relation to a notice given on or after the effective date of this
article of a meeting of the Legislative Budget Board.
ARTICLE 5. ENERGY AND WATER CONSERVATION BY STATE AGENCIES
AND THE COLLECTION OF CERTAIN INFRASTRUCTURE FEES
SECTION 5.01. Chapter 447, Government Code, is amended by
adding Sections 447.010 and 447.011 to read as follows:
Sec. 447.010. FUEL SAVINGS FOR STATE AGENCIES. (a) In this
section and in Section 447.011:
(1) "Cost-effective" means resulting in fuel
consumption reduction with a projected savings in fuel cost over a
one-year period that exceeds the cost of purchasing and using a
technology.
(2) "Fuel-saving technology" means a:
(A) device containing no lead metal that is
installed on a motor vehicle or non-road diesel and that has been
proven to reduce fuel consumption per mile or per hour of operation
by at least five percent;
(B) fuel additive registered in accordance with
40 C.F.R. Part 79 that contains no known mutagenic materials and
that has been proven to reduce fuel consumption per mile or per hour
of operation by at least five percent; or
(C) fuel registered in accordance with 40 C.F.R.
Part 79 that contains no known mutagenic materials and that has been
proven to reduce fuel consumption per mile or per hour of operation
by at least five percent.
(3) "Motor vehicle" and "non-road diesel" have the
meanings assigned by Section 386.101, Health and Safety Code.
(4) "Proven fuel-saving technologies" means
technologies shown to reduce fuel use by at least five percent in:
(A) an Environmental Protection Agency fuel
economy federal test protocol test performed at a laboratory
recognized by the Environmental Protection Agency;
(B) a fuel economy test performed in accordance
with protocols and at testing laboratories or facilities recognized
by the state energy conservation office, the Texas Commission on
Environmental Quality, or the Environmental Protection Agency; or
(C) a field demonstration performed in
accordance with Section 447.011.
(b) A state agency with 10 or more motor vehicles or
non-road diesels shall 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) A state agency may 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) A state agency may not purchase or use as a fuel-saving
technology a technology that:
(1) is known to increase oxides of nitrogen emissions
or toxic air contaminants;
(2) may be reasonably concluded to degrade air quality
or human health or to negatively impact the environment; or
(3) is known to affect negatively the manufacturer's
warranty of a motor vehicle or a non-road diesel.
(e) A state agency may purchase cost-effective proven
fuel-saving technologies out of the agency's fuel budget.
(f) A state agency shall competitively evaluate similar
fuel-saving technologies.
(g) A state agency may require a seller of a fuel-saving
technology to refund the cost of the 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) A state agency may use fuel-saving technologies that the
agency determines are cost-effective and may use a fuel-saving
technology in applications that provide other benefits, including
emissions reductions.
(i) A state agency may establish a program for agency
employees to voluntarily:
(1) purchase fuel-saving technologies; and
(2) document reductions in fuel savings and air
emissions.
(j) A state agency shall annually report to the state energy
conservation office on a form provided by the office on the state
agency's efforts and progress under this section.
(k) 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) Under the
direction of the state energy conservation office, the Texas
Department of Transportation shall 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 fuel-saving technologies that may
cost-effectively reduce fuel consumption and save state revenue.
(b) Varying ages and types of motor vehicles and non-road
diesels shall be selected to demonstrate the fuel-saving
technologies. Preference shall be given to high-use motor vehicles
and non-road diesels in the selection.
(c) The Texas Department of Transportation shall
demonstrate the performance of fuel-saving technologies by:
(1) assessing a technology's performance in the normal
course of operations of motor vehicles or non-road diesels; and
(2) performing controlled field tests.
(d) In selecting the technologies to be evaluated, the state
energy conservation office shall:
(1) consult with governmental and business
organizations that are currently using fuel-saving technology;
(2) consider technologies that are proven fuel-saving
technologies that have demonstrated fuel economy benefits of five
percent or more in field tests or recorded use data of government
organizations or businesses that operate fleets; and
(3) determine whether each technology selected has the
potential to be cost-effective.
(e) A fuel-saving technology may 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) The Texas Council on Environmental Technology, The
University of Texas Center for Transportation Research, the
University of Houston Diesel Emissions Center, or another agency
may 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) On completing the demonstration described by this
section, the state energy conservation office shall rank the
fuel-saving technologies based on their fuel savings, other cost
savings, and overall cost-effectiveness. The office shall:
(1) list recommended applications of the
technologies;
(2) document other negative or positive effects; and
(3) prepare a concise report of these findings.
(h) The Texas Council on Environmental Technology shall
obtain information on any fuel-saving technology that appears to
reduce particulate matter, oxides of nitrogen, carbon monoxide, or
hydrocarbon emissions. The Texas Council on Environmental
Technology may use this information to fund the Environmental
Protection Agency verification of a technology in accordance with
Section 387.003, Health and Safety Code.
(i) The state energy conservation office shall provide the
report prepared under Subsection (g) to each state agency with 10 or
more motor vehicles or non-road diesels and to the Legislative
Budget Board.
(j) The demonstration and associated reports described by
this section shall be completed not later than September 1, 2004.
(k) All results of a demonstration project under this
section shall be made public on the state energy conservation
office's Internet website.
(l) The state energy conservation office shall provide
quarterly an updated list of all proven fuel-saving technologies on
its Internet website.
(m) Money from the state highway fund may not be used for the
purchase, installation, maintenance, or operation of the
fuel-saving technologies being assessed or subjected to controlled
field tests under this section. Repairs to state equipment
resulting from demonstrations of fuel-saving technologies must be
paid from the same funds used to implement this section.
SECTION 5.02. Chapter 2113, Government Code, is amended by
adding Subchapter E to read 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) In this section:
(1) "State facility purpose" means a purpose related
to:
(A) the maintenance of a state-owned or
state-leased building or facility; or
(B) a project as defined by Section 2166.001,
including a project described by Section 2166.003.
(2) "Utility cost savings contract" means a contract
under Subchapter I, Chapter 2166, or other law that guarantees
utility cost savings for energy conservation measures to reduce
energy or water consumption or to reduce operating costs of
governmental facilities.
(b) Before a state agency may use appropriated money to make
a capital expenditure for a state facility purpose, the state
agency must determine whether the expenditure could be financed
with money generated by a utility cost savings contract.
(c) If it is practicable to do so, a state agency that is
using appropriated money must finance a capital expenditure for a
state facility purpose with money generated by a utility cost
savings contract.
(d) If it is not practicable for a 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, the state agency must provide justification to the
comptroller for the capital expenditure.
(e) In determining under Subsection (b) whether a capital
expenditure could be financed by a utility cost savings contract, a
state agency must 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.
Money generated by a utility cost savings in one department of a
state agency may be used to finance capital expenditures for a state
facility purpose in any department of that agency.
(f) This section does not apply to an institution of higher
education as defined by Section 61.003, Education Code.
(g) This section does not apply to a capital expenditure for
a state facility purpose that requires expeditious action to:
(1) prevent a hazard to life, health, safety, welfare,
or property; or
(2) avoid undue additional cost to the state.
(h) The Texas Building and Procurement Commission shall
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. 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.
(c) This section does not apply to:
(1) a state agency that is headed by one or more
statewide-elected officials;
(2) an entity that advises or reports to a state agency
headed by one or more statewide-elected officials;
(3) a river authority whose governing body is elected;
or
(4) a junior college district.
ARTICLE 7. ADMINISTRATION OF CERTAIN LEGISLATIVE AGENCIES
SECTION 7.01. Section 321.002(e), Government Code, is
amended to read as follows:
(e) The lieutenant governor and the speaker are joint chairs
of the committee. The committee shall elect [organize by electing]
one member to serve as [chairman and one member to serve as]
secretary.
SECTION 7.02. Sections 321.018(b) and (c), Government Code,
are amended to read as follows:
(b) Each subpoena must be signed by either of the joint
chairs of the committee [chairman] or the secretary of the
committee.
(c) On the request of either of the joint chairs of the
committee [chairman] or the secretary of the committee, the
sergeant at arms or an assistant sergeant at arms of either house of
the legislature or any peace officer shall serve the subpoena in the
manner prescribed for service of a district court subpoena.
SECTION 7.03. Section 322.001(b), Government Code, is
amended to read as follows:
(b) The lieutenant governor [is the chairman of the board]
and the speaker are joint chairs of the board [is the
vice-chairman].
SECTION 7.04. Sections 322.003(a) and (b), Government Code,
are amended to read as follows:
(a) A majority of the members of the board from each house
constitutes a quorum to transact business. If a quorum is present,
the board may act on any matter that is within its jurisdiction by a
majority vote.
(b) The board shall meet as often as necessary to perform
its duties. Meetings may be held at any time at the request [at the
call] of either of the joint chairs of the board [chairman] or on
written petition of a majority of the members of the board from each
house.
SECTION 7.05. Section 322.006, Government Code, is amended
to read as follows:
Sec. 322.006. APPROVAL OF EXPENSES. Before payment may be
made on an item of expense for the board, one of the joint chairs of
the board [chairman] must approve the expense.
SECTION 7.06. Section 322.009, Government Code, is amended
to read as follows:
Sec. 322.009. INSPECTION COMMITTEES. Either of the joint
chairs of the board [The chairman], with the approval of the board,
may appoint a committee to visit, inspect, and report on any state
institution, department, agency, officer, or employee.
SECTION 7.07. Section 322.013(d), Government Code, is
amended to read as follows:
(d) For purposes of carrying out its duties, the board may
administer oaths and issue subpoenas, signed by either of the joint
chairs of the board [chairman or vice-chairman], to compel the
attendance of witnesses and the production of books, records, and
documents. A subpoena of the board shall be served by a peace
officer in the manner in which district court subpoenas are served.
On application of the board, a district court of Travis County shall
compel compliance with a subpoena issued by the board in the same
manner as for district court subpoenas.
SECTION 7.08. Section 323.001(b), Government Code, as
amended by Chapter 1328, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(b) The council consists of:
(1) the lieutenant governor;
(2) the speaker of the house of representatives;
(3) the chairman of the house administration
committee;
(4) six [five] senators from various areas of the
state appointed by the president of the senate; and
(5) five [nine] other members of the house of
representatives from various areas of the state appointed by the
speaker.
SECTION 7.09. Section 323.001(c), Government Code, is
amended to read as follows:
(c) The lieutenant governor and the speaker are joint chairs
[is the chairman] of the council [and the speaker is the
vice-chairman].
SECTION 7.10. Sections 323.003(a) and (b), Government Code,
are amended to read as follows:
(a) The council shall meet as often as necessary to perform
its duties. Meetings may be held at any time at the request of
either of the joint chairs of the council.
(b) A majority of the [Twelve] members of the council from
each house of the legislature constitutes [including the chairman
and vice-chairman constitute] a quorum. If a quorum is present, the
council may act on any matter that is within its jurisdiction by a
majority vote.
SECTION 7.11. Section 323.005(c), Government Code, is
amended to read as follows:
(c) The certificate of either of the joint chairs of the
council [chairman or vice-chairman] is sufficient evidence of the
validity of a claim. On certification, the comptroller shall issue
warrants on the treasury to pay each claim for mileage and per diem
expenses, salaries of employees, and other authorized expenses.
SECTION 7.12. Sections 323.008(a)-(d), Government Code,
are amended to read as follows:
(a) If the council determines a need exists, either of the
joint chairs [chairman] of the council may appoint statutory
revision advisory committees to advise the council on matters
relating to the revision of particular subjects of the law.
(b) Advisory committees consist of seven members appointed
by a joint chair [the chairman] of the council. Advisory committee
members serve for a period of two years from the date of
appointment.
(c) In appointing an advisory committee, a joint chair [the
chairman] shall include representatives of the:
(1) State Bar of Texas;
(2) judiciary; and
(3) Texas law schools.
(d) An advisory committee shall meet at the call of either
of the joint chairs [chairman] of the council.
SECTION 7.13. Section 323.011(b), Government Code, is
amended to read as follows:
(b) A subpoena must be signed by either of the joint chairs
[chairman] of the council [or the vice-chairman].
SECTION 7.14. Section 323.012(b), Government Code, is
amended to read as follows:
(b) On the request of either of the joint chairs [chairman]
of the council [or the vice-chairman], the attorney general shall
render opinions and give advice and assistance to the council.
SECTION 7.15. Sections 325.003(a), (d), and (j), Government
Code, are amended to read as follows:
(a) The Sunset Advisory Commission consists of five [four]
members of the senate and one public member appointed by the
lieutenant governor and five [four] members of the house of
representatives and one public member appointed by the speaker of
the house. Each appointing authority may designate himself as one
of the legislative appointees.
(d) Legislative members serve four-year terms, with terms
staggered so that the terms of as near to one-half of the
legislative members appointed by the lieutenant governor as
possible and the terms of as near to one-half of the legislative
members appointed by the speaker as possible expire September 1 of
each odd-numbered year. If the lieutenant governor or the speaker
serves on the commission, he continues to serve until resignation
from the commission or until he ceases to hold the office. Public
members serve two-year terms expiring September 1 of each
odd-numbered year.
(j) Seven [Six] members of the commission constitute a
quorum. A final action or recommendation may not be made unless
approved by a record vote of a majority of the commission's full
membership.
SECTION 7.16. (a) If, on the effective date of this
article, more than five members of the house of representatives
appointed under Section 323.001(b)(5), Government Code, as amended
by this article, are serving as members of the Texas Legislative
Council:
(1) those members' terms on the council expire on the
effective date of this article; and
(2) the speaker of the house of representatives, as
soon as possible on or after the effective date of this article,
shall appoint five members of the house to serve as members of the
Texas Legislative Council under Section 323.001(b)(5), Government
Code, as amended by this article.
(b) The lieutenant governor, as soon as possible on or after
the effective date of this article, shall appoint an additional
senator to serve as a member of the Texas Legislative Council under
Section 323.001(b)(4), Government Code, as amended by this article.
SECTION 7.17. 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 that amends Section
325.003, Government Code, shall appoint a member of the senate or
the house of representatives, respectively, to serve initial terms
on the Sunset Advisory Commission under Section 325.003, Government
Code, as amended by this article, expiring September 1, 2005.
SECTION 7.18. The section of this article that amends
Section 325.003, Government Code, takes effect immediately 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 immediate
effect, that section takes effect on the 91st day after the last day
of the legislative session.
ARTICLE 8. REPORTS
SECTION 8.01. 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 8.02. The heading to Section 5.178, Water Code, is
amended to read as follows:
Sec. 5.178. ANNUAL REPORTS; BIENNIAL APPENDICES
[APPENDIXES].
SECTION 8.03. 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 8.04. (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.
SECTION 8.05. (a) 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. The
legislature finds that the Texas Commission on Environmental
Quality's procedures for processing permits is cumbersome,
confusing, lengthy, and inefficient for citizens, business,
political subdivisions, and the commission.
(b) The Texas Commission on Environmental Quality's
permitting processes warrant, and the legislature directs, an
in-depth evaluation, including the identification of problems,
potential options, and solutions. The evaluation must solicit and
consider input from all stakeholders, including public hearings and
the opportunity for submission of written and oral comments. The
solutions identified in the final assessment of the commission's
permitting processes must ensure that:
(1) all relevant environmental protection standards
are maintained at a level that at least equals the current level;
(2) the commission's permitting processes are
streamlined;
(3) the commission's permitting processes are
user-friendly to citizens and promote sound economic development;
and
(4) all stakeholder concerns are considered.
(c) A seven-member study committee shall conduct the
evaluation and final assessment required by Subsection (b) of this
section and submit its findings not later than December 1, 2004, to
the governor, the lieutenant governor, the speaker of the house of
representatives, the Texas Commission on Environmental Quality,
and the chair of the standing committee of each house of the
legislature with primary jurisdiction over environmental issues.
The study committee shall consist of:
(1) three appointees of the lieutenant governor;
(2) three appointees of the speaker of the house of
representatives; and
(3) one public member appointed by the governor.
(d) 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. Section 1702.002, Occupations Code, is
amended by adding Subdivisions (1-a) and (5-a) to read as follows:
(1-a) "Board" means the Texas Private Security Board.
(5-a) "Department" means the Department of Public
Safety of the State of Texas.
SECTION 9.02. Subchapter A, Chapter 1702, Occupations Code,
is amended by adding Sections 1702.005 and 1702.006 to read as
follows:
Sec. 1702.005. DEPARTMENT OF PUBLIC SAFETY. (a) The board
created under Section 1702.021 is a part of the department. The
department shall administer this chapter through the board.
(b) A reference in this chapter or another law to the Texas
Commission on Private Security means the board.
Sec. 1702.006. TEXAS DEPARTMENT OF HEALTH. (a) In this
section, "personal emergency response system" means an alarm system
that is:
(1) installed in the residence of a person;
(2) monitored by an alarm systems company;
(3) designed only to permit the person to signal the
occurrence of a medical or personal emergency on the part of the
person so that the company may dispatch appropriate aid; and
(4) not part of a combination of alarm systems that
includes a burglar alarm or fire alarm.
(b) Notwithstanding the other provisions of this chapter,
the Texas Department of Health shall administer the provisions of
this chapter that are applicable to the following persons:
(1) an alarm systems company that sells, installs,
services, monitors, or responds to only personal emergency response
systems;
(2) an alarm systems installer who installs,
maintains, or repairs only personal emergency response systems;
(3) a manager or branch office manager of an alarm
systems company described by Subdivision (1);
(4) a security salesperson who is employed by an alarm
systems company described by Subdivision (1) to sell services
offered by the company; and
(5) an owner, officer, partner, or shareholder of an
alarm systems company described by Subdivision (1).
(c) 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 the Texas Department of Health.
SECTION 9.03. Section 1702.021(a), Occupations Code, as
amended by Chapter 1170, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(a) The Texas [Commission on] Private Security Board
consists of seven [eight] members appointed by the governor with
the advice and consent of the senate as follows:
(1) four public members, each of whom is a citizen of
the United States;
(2) one member who[:
[(A)] is licensed under this chapter as a private
investigator;
[(B) has been engaged as a private investigator
for at least the five years preceding appointment; and
[(C) is not employed by a person who employs
another member of the commission;]
(3) one member who is licensed under this chapter as an
alarm systems company; and [who:
[(A) has been engaged as an alarm systems company
for at least the five years preceding appointment; and
[(B) is not employed by a person who employs
another member of the commission;]
(4) one member who[:
[(A)] is licensed under this chapter as the owner
or operator of a guard company[;
[(B) has been the owner or operator of the guard
company for at least the five years preceding appointment; and
[(C) is not employed by a person who employs
another member of the commission; and
[(5) one member who:
[(A) holds a license, security officer
commission, or registration under this chapter;
[(B) has been engaged in activity regulated by
the commission under this chapter for at least the five years
preceding appointment; and
[(C) is not employed by a person who employs
another member of the commission].
SECTION 9.04. Section 1702.025, Occupations Code, as
amended by Chapter 1170, Acts of the 78th Legislature, Regular
Session, 2003, and Section 1702.026, Occupations Code, are amended
to read as follows:
Sec. 1702.025. TERMS; VACANCIES. (a) The board [appointed
commission] members serve staggered six-year terms, with the terms
of two or three [appointed] members expiring on January 31 of each
odd-numbered year.
(b) If a vacancy occurs during the term of a board [an
appointed commission] member, the governor shall appoint a new
member to fill the unexpired term.
Sec. 1702.026. OFFICERS. (a) The governor shall designate
one board [commission] member as presiding officer to serve in that
capacity at the will of the governor. The governor shall designate
the presiding officer without regard to race, creed, color,
disability, sex, religion, age, or national origin.
(b) The board [commission, including the representative of
the director of the Texas Department of Public Safety if one is
designated,] shall elect from among its members an assistant
presiding officer and a secretary to serve two-year terms beginning
on September 1 of each odd-numbered year.
(c) The presiding officer of the board [commission] or, in
the absence of the presiding officer, the assistant presiding
officer shall preside at each board [commission] meeting and
perform the other duties prescribed by this chapter.
SECTION 9.05. Subchapter D, Chapter 1702, Occupations Code,
is amended by adding Section 1702.0615 to read as follows:
Sec. 1702.0615. PLACEMENT OF PRIORITY ON PROCESSING CERTAIN
APPLICATIONS. (a) In performing its functions and duties under
this chapter, the board shall place a high priority on processing
applications for licenses, security officer commissions, and
registrations filed by persons who provide protection for critical
infrastructure, as defined by Section 421.001, Government Code.
(b) The board shall act on an application described by
Subsection (a) as expeditiously as possible but not later than the
60th day after the date the board receives the application.
(c) This section expires December 1, 2005.
SECTION 9.06. Section 1702.022, Occupations Code, is
repealed.
SECTION 9.07. Not later than February 1, 2004, the governor
shall appoint the members of the Texas Private Security Board, as
required under Section 1702.021, Occupations Code, as amended by
this article. In appointing the initial members of the board under
this section, the governor shall appoint:
(1) two members for terms expiring January 31, 2005;
(2) two members for terms expiring January 31, 2007;
and
(3) three members for terms expiring January 31, 2009.
SECTION 9.08. (a) On February 1, 2004:
(1) all functions and activities performed by the
Texas Commission on Private Security immediately before that date
are transferred to the Texas Private Security Board of the
Department of Public Safety of the State of Texas or the Texas
Department of Health, as applicable;
(2) a rule or form adopted by the Texas Commission on
Private Security is a rule or form of the Texas Private Security
Board or the Texas Department of Health, as applicable, and remains
in effect until amended or replaced by that board or department;
(3) a reference in law or an administrative rule to the
Texas Commission on Private Security means the Texas Private
Security Board or the Texas Department of Health, as applicable;
(4) a complaint, investigation, or other proceeding
before the Texas Commission on Private Security is transferred
without change in status to the Texas Private Security Board or the
Texas Department of Health, as determined by a memorandum of
understanding between the Department of Public Safety of the State
of Texas and the Texas Department of Health, and the Texas Private
Security Board or the Texas Department of Health, as applicable,
assumes, as appropriate and without a change in status, the
position of the Texas Commission on Private Security in an action or
proceeding to which the Texas Commission on Private Security is a
party;
(5) all property in the custody of the Texas
Commission on Private Security is transferred to the Texas Private
Security Board or the Texas Department of Health, as determined by a
memorandum of understanding between the Department of Public Safety
of the State of Texas and the Texas Department of Health; and
(6) the unexpended and unobligated balance of any
money appropriated by the legislature for the Texas Commission on
Private Security is transferred to the Texas Private Security Board
or the Texas Department of Health, as determined by a memorandum of
understanding between the Department of Public Safety of the State
of Texas and the Texas Department of Health.
(b) Before February 1, 2004, the Texas Commission on Private
Security may agree with the Department of Public Safety of the State
of Texas and the Texas Department of Health to transfer any property
of the Texas Commission on Private Security to the Department of
Public Safety of the State of Texas or the Texas Department of
Health to implement the transfer required by this article.
(c) During the period beginning on the effective date of
this article and ending on February 1, 2004, the Texas Commission on
Private Security shall continue to perform functions and activities
under Chapter 1702, Occupations Code, as if that chapter had not
been amended by this article, and the former law is continued in
effect for that purpose.
ARTICLE 10. OVERSIGHT OF REGIONAL PLANNING COMMISSIONS
SECTION 10.01. The heading to Section 391.009, Local
Government Code, is amended to read as follows:
Sec. 391.009. ROLE OF STATE AUDITOR, GOVERNOR, AND STATE
AGENCIES.
SECTION 10.02. Section 391.009, Local Government Code, is
amended by amending Subsection (a) and adding Subsections (a-1) and
(a-2) to read as follows:
(a) To protect the public interest and [or] promote the
efficient use of public funds, the governor, with the technical
assistance of the state auditor, may draft and [shall] adopt:
(1) rules relating to the operation and oversight of a
commission;
(2) rules relating to the receipt or expenditure of
funds by a commission, including:
(A) restrictions on the expenditure of any
portion of commission funds for certain classes of expenses; and
(B) restrictions on the maximum amount of or
percentage of commission funds that may be expended on a class of
expenses, including indirect costs or travel expenses;
(3) annual reporting requirements for a commission;
(4) annual audit requirements on funds received or
expended by a commission from any source;
(5) rules relating to the establishment and use of
standards by which the productivity and performance of each
commission can be evaluated; and
(6) guidelines that commissions and governmental
units shall follow in carrying out the provisions of this chapter
relating to review and comment procedures.
(a-1) The governor may draft and adopt rules under
Subsection (a) using negotiated rulemaking procedures under
Chapter 2008, Government Code.
(a-2) 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, the state auditor's office shall assist the governor as
provided by Subsection (a).
SECTION 10.03. Section 391.0095, Local Government Code, as
amended by Chapter 785, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
Sec. 391.0095. AUDIT AND REPORTING REQUIREMENTS. (a) The
audit and reporting requirements under Section 391.009(a) shall
include a requirement that a commission annually report to the
state auditor [governor]:
(1) the amount and source of funds received by the
commission;
(2) the amount and source of funds expended by the
commission;
(3) an explanation of any method used by the
commission to compute an expense of the commission, including
computation of any indirect cost of the commission;
(4) a report of the commission's productivity and
performance during the annual reporting period;
(5) a projection of the commission's productivity and
performance during the next annual reporting period;
(6) the results of an audit of the commission's affairs
prepared by an independent certified public accountant; and
(7) a report of any assets disposed of by the
commission.
(b) The annual audit of a commission may be commissioned [by
the governor's office or] by the commission or at the direction of
the governor's office, as determined by the governor's office, and
shall be paid for from the commission's funds.
(c) A commission shall submit any other report or an audit
to the state auditor and [required by] the governor.
(d) If a commission fails to submit a report or audit
required under this section or is determined by the state auditor
[governor] to have failed to comply with a rule, requirement, or
guideline adopted under Section 391.009, the state auditor shall
report the failure to the governor's office. The governor may,
until the failure is corrected:
(1) appoint a receiver to operate or oversee the
commission; or
(2) withhold any appropriated funds of the commission.
(e) A commission shall send to the governor, the state
auditor, the comptroller, and the Legislative Budget Board a copy
of each report and audit required under this section or under
Section 391.009. The state auditor may review each audit and
report, subject to a risk assessment performed by the state auditor
and to the legislative audit committee's approval of including the
review in the audit plan under Section 321.013, Government Code. If
the state auditor reviews the audit or report, the state auditor
must be given access to working papers and other supporting
documentation that the state auditor determines is necessary to
perform the review. If the state auditor finds significant issues
involving the administration or operation of a commission or its
programs, the state auditor shall report its findings and related
recommendations to the legislative audit committee, the governor,
and the commission. The governor and the legislative audit
committee may direct the commission to prepare a corrective action
plan or other response to the state auditor's findings or
recommendations. The legislative audit committee may direct the
state auditor to perform any additional audit or investigative work
that the committee determines is necessary.
SECTION 10.04. Section 391.0117(e), Local Government Code,
is amended to read as follows:
(e) A commission shall submit to the state auditor
[governor] the commission's salary schedule, including the
salaries of all exempt positions, not later than the 45th day before
the date of the beginning of the commission's fiscal year. 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 [governor objects
to] a commission's salary schedule or a portion of the schedule, the
state auditor shall report the recommendations to the governor's
office. The governor's office may not allow the portion of the
schedule for which [that] the state auditor has recommendations to
[governor objects to may not] go into effect until revisions or
explanations are given that are satisfactory to the governor based
on recommendations from the state auditor [and the governor
approves that portion of the schedule].
SECTION 10.05. 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. 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 field of
insurance and insurance regulation; and
(3) have at least 5 [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].
SECTION 11.02. The change in law made by this article to
Section 31.023, Insurance Code, applies only to the appointment of
the commissioner of insurance on or after the effective date of this
article. A commissioner of insurance appointed before the
effective date of this article is governed by the law as it existed
immediately before that date, and that law is continued in effect
for this purpose.
ARTICLE 12. PARDONS AND PAROLES
SECTION 12.01. Section 492.0131, Government Code, is
amended to read as follows:
Sec. 492.0131. PAROLE RULES, POLICIES, PROCEDURES. The
board and the presiding officer of the Board of Pardons and Paroles
[Policy Board] shall jointly review all rules, policies, and
procedures of the department and the Board of Pardons and Paroles
that relate to or affect the operation of the parole process. The
board and the presiding officer of the Board of Pardons and Paroles
[policy board] shall identify areas of inconsistency between the
department and the Board of Pardons and Paroles and shall amend
rules or change policies and procedures as necessary for consistent
operation of the parole process.
SECTION 12.02. Section 508.001, Government Code, is amended
by amending Subdivision (8) and adding Subdivision (10) to read as
follows:
(8) "Parole commissioner" means a person employed by
the board to perform the duties described by Section 508.0441
["Policy board" means the Board of Pardons and Paroles Policy
Board].
(10) "Presiding officer" means the presiding officer
of the Board of Pardons and Paroles.
SECTION 12.03. Section 508.031(a), Government Code, is
amended to read as follows:
(a) The board consists of seven [18] members appointed by
the governor with the advice and consent of the senate.
SECTION 12.04. Section 508.032, Government Code, is amended
by adding Subsections (c)-(e) to read as follows:
(c)(1) A person who is a former employee of the department
may not serve on the board before the second anniversary of the date
the person terminated employment with the department.
(2) A person who is employed by the department on
August 1, 2003, may not be employed by the board before August 1,
2005.
(d) At any time not more than three members of the board may
be former employees of the department.
(e) For purposes of Subsections (c) and (d), previous
service as a board member is not considered to be employment with
the department.
SECTION 12.05. Section 508.034, Government Code, is amended
to read as follows:
Sec. 508.034. GROUNDS FOR REMOVAL. (a) It is a ground for
removal from the board that a member:
(1) does not have at the time of taking office the
qualification required by Section 508.032(b) for appointment to the
board;
(2) is ineligible for membership under Section
508.033;
(3) is unable to discharge the member's duties for a
substantial part of the term for which the member is appointed
because of illness or disability; or
(4) 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[, except when the absence is
excused by majority vote of the board].
(b) [It is a ground for removal from the board and the policy
board if a member of the policy board is absent from more than half
of the regularly scheduled policy board meetings that the member is
eligible to attend during each calendar year.
[(c)] The board administrator or the board administrator's
designee shall provide to members of the board[, to members of the
policy board,] and to employees, as often as necessary, information
regarding their qualification for office or employment under this
chapter and their responsibilities under applicable laws relating
to standards of conduct for state officers or employees.
(c) [(d)] The validity of an action of[:
[(1)] the board or panel is not affected by the fact
that the action is taken when a ground for removal of a board member
exists[; and
[(2) the policy board is not affected by the fact that
the action is taken when a ground for removal of a member of the
policy board exists].
(d) [(e)] If the general counsel to the board has knowledge
that a potential ground for removal exists, the general counsel
shall notify the presiding officer of the board of the potential
ground. The presiding officer shall notify the governor and the
attorney general that a potential ground for removal exists. If the
potential ground for removal involves the presiding officer, the
general counsel to the board shall notify the governor and the
attorney general that a potential ground for removal exists.
(e) [(f)] It is a ground for removal from the board that a
member fails to comply with policies or rules adopted by the
[policy] board.
SECTION 12.06. Section 508.035, Government Code, is amended
by amending Subsection (c) and adding Subsection (d) to read as
follows:
(c) The presiding officer reports directly to the governor
and serves as the administrative head of the [policy board and the]
board.
(d) The presiding officer may:
(1) delegate responsibilities and authority to other
members of the board, parole commissioners, or to employees of the
board;
(2) appoint advisory committees from the membership of
the board or from parole commissioners to further the efficient
administration of board business; and
(3) establish policies and procedures to further the
efficient administration of the business of the board.
SECTION 12.07. Section 508.036, Government Code, as amended
by Section 31.01, Chapter 1170, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
Sec. 508.036. [POLICY BOARD: COMPOSITION;] GENERAL
ADMINISTRATIVE DUTIES. (a) The presiding officer [governor shall
designate seven members of the board to serve as the Board of
Pardons and Paroles Policy Board. The governor shall designate the
presiding officer of the board as one of the seven members of the
policy board, and the presiding officer of the board shall serve as
presiding officer of the policy board. Service on the policy board
is an additional duty of office for members appointed to the policy
board.
[(b) Members of the board designated as members of the
policy board serve on the policy board for six-year terms that are
concurrent with their six-year terms on the board, with the service
of two or three members expiring February 1 of each odd-numbered
year.
[(c) The policy board] shall:
(1) develop and implement policies that clearly
separate the policy-making responsibilities of the board and the
management responsibilities of the board administrator, parole
commissioners, and the staff of the board [adopt rules relating to
the decision-making processes used by the board and parole panels];
(2) establish caseloads and required work hours for
members of the board and parole commissioners [assign duties to
members of the policy board that are in addition to the duties those
members have in handling a caseload];
(3) update parole guidelines, assign precedential
value to previous decisions of the board relating to the granting of
parole and the revocation of parole or mandatory supervision, and
develop policies to ensure that members of the board and parole
commissioners use guidelines and previous decisions of the board
and parole commissioners in making decisions under this chapter;
(4) require members of the board and parole
commissioners to file activity reports[, on forms provided by the
policy board,] that provide information on release decisions made
by members of the board and parole commissioners, the workload and
hours worked of the members of the board and parole commissioners,
and the use of parole guidelines by members of the board and parole
commissioners; and
(5) report at least annually to the governor and the
legislature on the [board] activities of the board and parole
commissioners, parole release decisions, and the use of parole
guidelines by the board and parole commissioners.
(b) The board shall:
(1) adopt rules relating to the decision-making
processes used by the board and parole panels;
(2) prepare information of public interest describing
the functions of the board and make the information available to the
public and appropriate state agencies;
(3) comply with federal and state laws related to
program and facility accessibility; and
(4) prepare annually a complete and detailed written
report that meets the reporting requirements applicable to
financial reporting provided in the General Appropriations Act and
accounts for all funds received and disbursed by the board during
the preceding fiscal year.
(c) The board administrator shall prepare and maintain a
written plan that describes how a person who does not speak English
can be provided reasonable access to the board's programs and
services.
(d) The board, in performing its duties, is subject to the
open meetings law, Chapter 551, and the administrative procedure
law, Chapter 2001. This subsection does not affect the provisions
of Section 2001.223 exempting hearings and interviews conducted by
the board or the division from Section 2001.038 and Subchapters
C-H, Chapter 2001.
SECTION 12.08. Section 508.0362, Government Code, is
amended to read as follows:
Sec. 508.0362. TRAINING REQUIRED. (a)(1) A person who is
appointed to and qualifies for office as a member of the board [or
the policy board] may not vote, deliberate, or be counted as a
member in attendance at a meeting of the board [or policy board]
until the person completes at least one course of a training program
that complies with this section.
(2) A parole commissioner employed by the board may
not vote or deliberate 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.
(b) A training program must provide information to the
person regarding:
(1) the enabling legislation that created the board
[and the policy board];
(2) the programs operated by the board;
(3) the role and functions of the board and parole
commissioners;
(4) the rules of the board;
(5) the current budget for the board;
(6) the results of the most recent formal audit of the
board;
(7) the requirements of the:
(A) open meetings law, Chapter 551;
(B) open records law, Chapter 552; and
(C) administrative procedure law, Chapter 2001;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials; and
(9) any applicable ethics policies adopted by the
[policy] board or the Texas Ethics Commission.
(c) A person appointed to the board [or policy board] is
entitled to reimbursement, as provided by the General
Appropriations Act, for the travel expenses incurred in attending
the training program regardless of whether the attendance at the
program occurs before or after the person qualifies for office.
SECTION 12.09. Section 508.040(a), Government Code, is
amended to read as follows:
(a) The presiding officer, with the advice and consent of a
majority of the board, is responsible for the employment and
supervision of [policy board shall employ and supervise]:
(1) parole commissioners;
(2) a general counsel to the board;
(3) [(2)] a board administrator to manage the
day-to-day activities of the board;
(4) [(3)] hearing officers;
(5) [(4)] personnel to assist in clemency and hearing
matters; and
(6) [(5)] secretarial or clerical personnel.
SECTION 12.10. Section 508.041, Government Code, is amended
to read as follows:
Sec. 508.041. DESIGNEE TRAINING; HANDBOOK. (a) The
[policy] board shall develop and implement:
(1) a training program that each newly hired employee
of the board designated to conduct hearings under Section 508.281
must complete before conducting a hearing without the assistance of
a board member or experienced parole commissioner or designee; and
(2) a training program to provide an annual update to
designees of the board on issues and procedures relating to the
revocation process.
(b) The [policy] board shall prepare and biennially update a
procedural manual to be used by designees of the board. The
[policy] board shall include in the manual:
(1) descriptions of decisions in previous hearings
determined by the [policy] board to have value as precedents for
decisions in subsequent hearings;
(2) laws and court decisions relevant to decision
making in hearings; and
(3) case studies useful in decision making in
hearings.
(c) The [policy] board shall prepare and update as necessary
a handbook to be made available to participants in hearings under
Section 508.281, such as defense attorneys, persons released on
parole or mandatory supervision, and witnesses. The handbook must
describe in plain language the procedures used in a hearing under
Section 508.281.
SECTION 12.11. Section 508.042, Government Code, is amended
to read as follows:
Sec. 508.042. TRAINING PROGRAM FOR MEMBERS AND PAROLE
COMMISSIONERS. (a) The [policy] board shall develop for board
members and parole commissioners a comprehensive training and
education program on the criminal justice system, with special
emphasis on the parole process.
(b)(1) A new member may not participate in a vote of the
board or a panel, deliberate, or be counted as a member in
attendance at a meeting of the board [or policy board] until the
member completes the program.
(2) A new parole commissioner may not participate in a
vote of a panel until the commissioner completes the program. This
subdivision does not apply to a new parole commissioner who as a
board member completed the program.
SECTION 12.12. Subchapter B, Chapter 508, Government Code,
is amended by amending Section 508.044 and adding Section 508.0441
to read as follows:
Sec. 508.044. POWERS AND DUTIES OF BOARD. [(a)] A board
member shall give full time to the duties of the member's office,
including[.
[(b) In addition to performing the] duties imposed on the
board by the Texas Constitution and other law.
Sec. 508.0441. RELEASE AND REVOCATION DUTIES. (a) Board[,
board] members and parole commissioners shall determine:
(1) which inmates are to be released on parole or
mandatory supervision;
(2) conditions of parole or mandatory supervision,
including special conditions;
(3) the modification and withdrawal of conditions of
parole or mandatory supervision;
(4) which releasees may be released from supervision
and reporting; and
(5) the continuation, modification, and revocation of
parole or mandatory supervision.
(b) [(c)] The [policy] board shall develop and implement a
policy that clearly defines circumstances under which a board
member or parole commissioner should disqualify himself or herself
from voting on:
(1) a parole decision; or
(2) a decision to revoke parole or mandatory
supervision.
(c) [(d)] The [policy] board may adopt reasonable rules as
[the policy board considers] proper or necessary relating to:
(1) the eligibility of an inmate for release on parole
or release to mandatory supervision;
(2) the conduct of a parole or mandatory supervision
hearing; or
(3) conditions to be imposed on a releasee.
(d) [(e)] The presiding officer [policy board] may provide
a written plan for the administrative review of actions taken by a
parole panel by a review panel [the entire membership or by a subset
of the entire membership of the board].
(e) [(f)] Board members and parole commissioners shall, at
the direction of the presiding officer, file activity reports on
duties performed under this chapter.
SECTION 12.13. Section 508.045, Government Code, is amended
to read as follows:
Sec. 508.045. PAROLE PANELS. (a) Except as provided by
Section 508.046, board members and parole commissioners shall act
in panels composed of three [persons each] in matters of:
(1) release on parole;
(2) release to mandatory supervision; and
(3) revocation of parole or mandatory supervision.
(b) The presiding officer [of the board] shall designate the
composition of each panel and shall designate panels composed of at
least one board member and any combination of board members and
parole commissioners.
(c) A parole panel may:
(1) grant, deny, or revoke parole;
(2) revoke mandatory supervision; and
(3) conduct parole revocation hearings and mandatory
supervision revocation hearings.
SECTION 12.14. Section 508.047(a), Government Code, is
amended to read as follows:
(a) The members of the [policy] board shall meet at least
once in each quarter of the calendar year at a site determined by
the presiding officer.
SECTION 12.15. Section 508.049, Government Code, is amended
to read as follows:
Sec. 508.049. MISSION STATEMENT. (a) The [policy] board,
after consultation with the governor and the Texas Board of
Criminal Justice, shall adopt a mission statement that reflects the
responsibilities for the operation of the parole process that are
assigned to the [policy board, the] board, the division, the
department, or the Texas Board of Criminal Justice.
(b) The [policy] board shall include in the mission
statement a description of specific locations at which the board
intends to conduct business related to the operation of the parole
process.
SECTION 12.16. Section 508.082, Government Code, is amended
to read as follows:
Sec. 508.082. RULES. The [policy] board shall adopt rules
relating to:
(1) the submission and presentation of information and
arguments to the board, a parole panel, and the department for and
in behalf of an inmate; and
(2) the time, place, and manner of contact between a
person representing an inmate and:
(A) a member of the board or a parole
commissioner;
(B) an employee of the board; or
(C) an employee of the department.
SECTION 12.17. Section 508.141(g), Government Code, as
added by Chapter 349, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(g) The [policy] board shall adopt a policy establishing the
date on which the board may reconsider for release an inmate who has
previously been denied release. The policy must require the board
to reconsider for release an inmate serving a sentence for an
offense listed in Section 508.149(a) during a month designated by
the parole panel that denied release. The designated month must
begin after the first anniversary of the date of the denial and end
before the fifth anniversary of the date of the denial. The policy
must require the board to reconsider for release an inmate other
than an inmate serving a sentence for an offense listed in Section
508.149(a) as soon as practicable after the first anniversary of
the date of the denial.
SECTION 12.18. Section 508.144(b), Government Code, is
amended to read as follows:
(b) If a board member or parole commissioner deviates from
the parole guidelines in voting on a parole decision, the member or
parole commissioner shall:
(1) produce a brief written statement describing the
circumstances regarding the departure from the guidelines; and
(2) place a copy of the statement in the file of the
inmate for whom the parole decision was made.
SECTION 12.19. Section 508.153(b), Government Code, is
amended to read as follows:
(b) If more than one person is entitled to appear in person
before the board members or parole commissioners, only the person
chosen by all persons entitled to appear as the persons' sole
representative may appear [before the board members].
SECTION 12.20. Section 508.281(a), Government Code, is
amended to read as follows:
(a) 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 the board
under the rules adopted by the [policy] board and within a period
that permits a parole panel, a designee of the board, or the
department to dispose of the charges within the periods established
by Sections 508.282(a) and (b) if the releasee or person:
(1) is accused of a violation of the releasee's parole
or mandatory supervision or the person's conditional pardon, on
information and complaint by a peace officer or parole officer; or
(2) is arrested after an ineligible release.
SECTION 12.21. Section 508.313(c), Government Code, as
amended by Section 3, Chapter 6, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
(c) The department, on request or in the normal course of
official business, shall provide information that is confidential
and privileged under Subsection (a) to:
(1) the governor;
(2) a member of the board or a parole commissioner;
(3) the Criminal Justice Policy Council in performing
duties of the council under Section 413.017; or
(4) an eligible entity requesting information for a
law enforcement, prosecutorial, correctional, clemency, or
treatment purpose.
SECTION 12.22. (a) Section 508.0361, Government Code, is
repealed.
(b) Section 31.02, Chapter 1170, Acts of the 78th
Legislature, Regular Session, 2003, is repealed.
SECTION 12.23. (a) The governor shall appoint new members
to the Board of Pardons and Paroles on or before February 1, 2004,
and the terms of members serving on January 31, 2004, expire on the
appointment of the new members. The governor shall appoint as new
members at least three persons who:
(1) have never been employed by the Texas Department
of Criminal Justice; and
(2) were serving on the Board of Pardons and Paroles on
May 1, 2003, or on that date had been nominated for board membership
and were awaiting confirmation.
(b) Of the new members of the Board of Pardons and Paroles,
the governor shall appoint two to serve terms expiring February 1,
2005, two to serve terms expiring February 1, 2007, and three to
serve terms expiring February 1, 2009. On the expiration of the
terms of the initial members of the new board, the term of a member
appointed by the governor is six years.
(c) On the effective date of this article, a rule of the
Board of Pardons and Paroles Policy Board is a rule of the Board of
Pardons and Paroles.
SECTION 12.24. Notwithstanding Section 508.040(a),
Government Code, as amended by this article, until February 1,
2004, the presiding officer of the Board of Pardons and Paroles
shall exercise responsibilities imposed by Section 508.040(a) with
the advice and consent of the Board of Pardons and Paroles Policy
Board.
SECTION 12.25. It is the intent of the legislature that
members serving on the Board of Pardons and Paroles on May 1, 2003,
be offered the first opportunity to be hired as parole
commissioners employed under Chapter 508, Government Code, as
amended by this article.
ARTICLE 13. EFFECTIVE DATE
SECTION 13.01. Except as otherwise provided by this Act,
this Act takes effect on the 91st day after the last day of the
legislative session.