SRC-JEC, VRA C.S.H.B. 2455 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2455
78R17440 MRB-D
By: Chisum (Nelson) 
Government Organization
5/23/2003
Committee Report (Substituted)

DIGEST AND PURPOSE 

State agencies undergo a periodic review by the Sunset Advisory
Commission.  C.S.H.B. 2455 amends sunset provisions for: the Windham
School District; the Texas Veterans Commission; the Texas Department of
Insurance;  the Office of Public Insurance Counsel; the Prescribed Burning
Board; the Veterans' Land Board; the Equine Research Account Advisory
Committee; the Texas Online Division and Electronic Government Program
Office of the Department of Information Resources; the Texas Board of
Chiropractic Examiners; the State Board of Examiners for Speech-Language
Pathology and Audiology; the State Committee of Examiners in the Fitting
and Dispensing of Hearing Instruments; the Executive Council of Physical
Therapy and Occupational Therapy Examiners; the Texas Board of Physical
Therapy Examiners; the Texas Board of Occupational Therapy Examiners; the
Telecommunications Infrastructure Fund Board; the Texas Racing Commission;
the Correctional Managed Health Care Committee; the On-site Wastewater
Treatment Research Council; the Texas Food for Health Advisory Council;
and the Dental Hygiene Advisory Committee. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  ENTITIES GIVEN 2005 SUNSET DATE

SECTION 1.01.  WINDHAM SCHOOL DISTRICT WITHIN TEXAS DEPARTMENT OF CRIMINAL
JUSTICE.  Amends Chapter 19, Education Code, by adding Section 19.0021, as
follows: 

Sec. 19.0021.  SPECIAL PURPOSE REVIEW.  (a)  Requires the Sunset Advisory
Commission (SAC) to conduct a special purpose review of the Windham School
District. 

(b)  Sets forth requirements of the Texas Education Agency (TEA) to assist
SAC in its review. 

(c)  Requires SAC, after consideration of the TEA report, to include in
SAC's report to the 79th Legislature, Regular Session, 2005,
recommendations relating to the Windham School District. 

(d)  Provides that this section expires September 1, 2005.

ARTICLE 2.  ENTITIES GIVEN 2007 SUNSET DATE

SECTION 2.01.  TEXAS VETERANS COMMISSION.  Amends Section 434.02(a),
Government Code, to provide that unless continued in existence as provided
by Chapter 325, Government Code (Texas Sunset Act), the Texas Veterans
Commission is abolished September 1, 2007, rather than 2005. 
 
SECTION 2.02.  TEXAS DEPARTMENT OF INSURANCE.  Amends Section 31.004,
Insurance Code, to provide that unless continued in existence as provided
by Chapter 325, Government Code (Texas Sunset Act), the Texas Department
of Insurance is abolished September 1, 2007, rather than 2005. 

SECTION 2.03.  OFFICE OF PUBLIC INSURANCE COUNSEL.  Amends Section 7,
Article 1.35A, Insurance Code, to provide that unless continued in
existence as provided by Chapter 325, Government Code (Texas Sunset Act),
the Office of Public Insurance Counsel is abolished September 1, 2007,
rather than 2005. 

SECTION 2.04.  PRESCRIBED BURNING BOARD.  Amends Section 153.044, Natural
Resources Code, to provide that unless continued in existence as provided
by Chapter 325, Government Code (Texas Sunset Act), the Prescribed Burning
Board is abolished and this chapter expires September 1, 2007, rather than
2009. 

SECTION 2.05.  VETERANS' LAND BOARD.  Amends Section 161.0111, Natural
Resources Code, to provide that the Veterans' Land Board is subject to
review under Chapter 325, Government Code (Texas Sunset Act), but is not
abolished under that chapter.  Requires the board to be reviewed during
the period in which state agencies abolished in 2007, rather than 2005,
and every 12th year after 2007, rather than 2005, are reviewed. 

ARTICLE 3.  ENTITIES GIVEN 2009 SUNSET DATE

SECTION  3.01.  EQUINE RESEARCH ACCOUNT ADVISORY COMMITTEE.  Amends
Section 88.524(b), Education Code, to provide that unless continued in
existence as provided by Chapter 325, Government Code (Texas Sunset Act),
the Equine Research Account Advisory Committee is abolished September 1,
2009, rather than 2005. 

SECTION 3.02.  TEXASONLINE DIVISION OF THE DEPARTMENT OF INFORMATION
RESOURCES.  Amends Section 2054.2645, Government Code, to provide that
unless continued in existence as provided by Chapter 325 (Texas Sunset
Act), the Texas Online division is abolished September 1, 2009, rather
than 2005. 

SECTION 3.03.  ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT OFFICE OF THE
DEPARTMENT OF INFORMATION RESOURCES.  Amends Section 2055.003, Government
Code, to provide that the Electronic Government Program Office of the
Department of Information Resources is subject to Chapter 325 (Texas
Sunset Act).  Provides that the office is abolished September 1, 2009,
rather than 2005, unless continued in existence as provided by that
chapter. 

SECTION 3.04.  TEXAS BOARD OF CHIROPRACTIC EXAMINERS.  Amends Section
201.004, Occupations Code, to provide that unless continued in existence
as provided by Chapter 325, Government Code (Texas Sunset Act), the Texas
Board of Chiropractic Examiners is abolished and this chapter expires
September 1, 2009, rather than 2005. 

SECTION 3.05.  STATE BOARD OF EXAMINERS FOR SPEECH-LANGUAGE PATHOLOGY AND
AUDIOLOGY.  Amends Section 401.002, Occupations Code,  to provide that
unless continued in existence as provided by Chapter 325, Government Code
(Texas Sunset Act), the State Board of Examiners for Speech-Language
Pathology and Audiology is abolished and this chapter expires September 1,
2009, rather than 2005. 

SECTION 3.06.  STATE COMMITTEE OF EXAMINERS IN THE FITTING AND DISPENSING
OF HEARING INSTRUMENTS.  Amends Section 402.002, Occupations Code, to
provide that unless continued in existence as provided by Chapter 325,
Government Code (Texas  Sunset Act), the State Committee of Examiners in
the Fitting and Dispensing of Hearing Instruments is abolished and this
chapter expires September 1, 2009, rather than 2005. 

SECTION 3.07.  EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL
THERAPY EXAMINERS.  Amends Section 452.002, Occupations Code, to provide
that unless continued in existence as provided by Chapter 325, Government
Code (Texas Sunset Act), the Executive Council of Physical Therapy and
Occupational Therapy Examiners is abolished and this chapter and Chapters
453 and 454 expire September 1, 2009, rather than 2005. 

SECTION 3.08.  TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS.  Amends Section
453.002, Occupations Code, to provide that unless continued in existence
as provided by Chapter 325, Government Code (Texas Sunset Act), the Texas
Board of Physical Therapy Examiners is abolished and this chapter expires
September 1, 2009, rather than 2005. 

SECTION 3.09.  TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS.  Amends
Section 454.003, Occupations Code, to provide that unless continued in
existence as provided by Chapter 325, Government Code (Texas Sunset Act),
the Texas Board of Occupational Therapy Examiners is abolished and this
chapter expires September 1, 2009, rather than 2005. 

SECTION 3.10.  TELECOMMUNICATIONS INFRASTRUCTURE FUND BOARD.  Amends
Section 57.051, Utilities Code, to provide that unless continued in
existence as provided by Chapter 325, Government Code (Texas Sunset Act),
the Telecommunications Infrastructure Fund Board is abolished and this
subchapter expires September 1, 2009, rather than 2005. 

SECTION 3.11.  TEXAS RACING COMMISSION.  Amends Section 18.01(a), Texas
Racing Act (Article 179e, V.T.C.S.) to provide that unless continued in
existence as provided by Chapter 325, Government Code (Texas Sunset Act),
and except as provided by Subsections (b) and (c) of this section, the
Texas Racing Commission is abolished and this Act expires September 1,
2009, rather than 2005. 

ARTICLE 4.  ENTITIES GIVEN 2011 SUNSET DATE

SECTION 4.01.  CORRECTIONAL MANAGED HEALTH CARE COMMITTEE.  Amends Section
501.132, Government Code, to provide that unless continued in existence as
provided by Chapter 325, Government Code (Texas Sunset Act), the
Correctional Managed Health Care Committee is abolished and this
subchapter expires September 1, 2011, rather than 2005. 

ARTICLE 5.  ENTITIES GIVEN 2013 SUNSET DATE

SECTION 5.01.  ON-SITE WASTEWATER TREATMENT RESEARCH COUNCIL.  Amends
Section 367.003(a), Health and Safety Code, to provide that unless
continued in existence as provided by Chapter 325, Government Code, the
On-site Wastewater Treatment Research Council is abolished and this
chapter expires September 1, 2013, rather than 2005. 

ARTICLE 6.  ENTITIES REMOVED FROM SPECIFIC SUNSET REVIEW

SECTION 6.01.  REPEALER.  Repealers:  Section 50A.003, Agriculture Code
(Texas Food for Health Advisory Council); Section 262.057, Occupations
Code (Dental Hygiene Advisory Committee); Section 8, Article 2654-3g,
V.T.C.S. (Texas Environmental Education Partnership Fund); and Section
1.12, Chapter 626, Acts of the 73rd Legislature, Regular Session, 1993
(Edwards Aquifer Authority). 

ARTICLE 7.  CONFIDENTIALITY OF SUNSET RECORDS

SECTION 7.01.  CONFIDENTIALITY.  Amends Chapter 325, Government Code, by
adding  Section 325.0195, as follows: 

Sec. 325.0195.  RECORDS PROTECTED FROM DISCLOSURE.  (a)  Provides that a
working paper, including all documentary or other information, prepared or
maintained by SAC staff performing its duties used under this chapter or
other law to conduct an evaluation and prepare a report is excepted from
the public disclosure requirements of Section 552.021. 

(b)  Provides that a record held by another entity that is considered to
be confidential by law and that SAC receives in connection with the
performance of SAC's functions under this chapter or another law remains
confidential and is excepted from the public disclosure requirements of
Section 552.021. 

ARTICLE 8.  EFFECTIVE DATE

SECTION 8.01.  EFFECTIVE DATE.  Effective date:  September 1, 2003.