S.B. 1382 78(R)    BILL ANALYSIS


S.B. 1382
By: Armbrister
State Affairs
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

The Self-Directed, Semi-Independent Agency Project Act, passed by the 76th
Legislature in 1999, allows three state agencies to operate with increased
autonomy and to manage their budgets outside of the appropriations
process.  The three agencies have successfully performed their functions
under this pilot program, and the purpose of Senate Bill 1382 is to
continue the pilot program, with certain modifications, until September 1,
2009.   

RULEMAKING AUTHORITY

It is the opinion of the committee that this bill does not expressly grant
any additional rulemaking authority to a state officer, department,
institution, or agency. 

ANALYSIS

Senate Bill 1382 amends the Self-Directed, Semi-Independent Agency Project
Act which relates to the following three agencies:   

_The Texas State Board of Public Accountancy,
_The Texas Board of Professional Engineers, and
_The Texas Board of Architectural Examiners.

The bill empowers the governing boards of the three agencies to determine
whether or not to implement legislation enacted by the 78th Legislature
relating to such agencies if such legislation is inconsistent with their
self-directed, semi-independent status.  

The bill extends the sunset provision of the Act from September 1, 2003 to
September 1, 2009.  
      
The bill changes the amounts  that the three agencies are required to
remit to the general revenue fund. The bill increases the amounts remitted
by the Board of Public Accountancy and the Board of Professional
Engineers, and decreases the amount remitted by the Board of Architectural
Examiners. 

The bill allows the three agencies to retain each fiscal year fines and
other revenue generated from enforcement actions in an amount that is
equal to 20% of their expenditures during the previous fiscal year, not to
exceed $1 million.  The bill further requires 50% of the unexpended
balances of such fines and other revenue retained at the end of each
fiscal year to be remitted to the general revenue fund.  

The bill requires the agencies to report all gifts, grants, and donations
and the purposes for which each was used.  The bill prohibits the agencies
from accepting gifts, grants, or donations from a party to an enforcement
action or to pursue a specific investigation or action. 

EFFECTIVE DATE

September 1, 2003.