H.B. No. 2455
AN ACT
relating to the governmental entities subject to, and the
confidentiality of records under, the sunset review process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ENTITIES GIVEN 2005 SUNSET DATE
SECTION 1.01. STATE BOARD FOR EDUCATOR CERTIFICATION.
Section 21.035, Education Code, is amended to read as follows:
Sec. 21.035. APPLICATION OF SUNSET ACT. (a) The board is
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the board is
abolished and this subchapter expires September 1, 2005 [2003].
(b) The board and the Texas Education Agency shall enter
into a memorandum of understanding to consolidate administrative
functions and services.
(c) The sunset commission shall focus its review of the
board on the appropriateness of recommendations made by the sunset
commission to the 78th Legislature and compliance with the MOU to
consolidate functions.
SECTION 1.02. WINDHAM SCHOOL DISTRICT WITHIN TEXAS
DEPARTMENT OF CRIMINAL JUSTICE. Chapter 19, Education Code, is
amended by adding Section 19.0021 to read as follows:
Sec. 19.0021. SPECIAL PURPOSE REVIEW. (a) As part of its
review of the Texas Education Agency for the 79th Legislature, the
Sunset Advisory Commission shall conduct a special purpose review
of the Windham School District.
(b) To assist the Sunset Advisory Commission in its review,
the Texas Education Agency shall:
(1) conduct a limited scope review of the structure,
management, and operations of the Windham School District; and
(2) report the results of the review to the commission
before March 1, 2004.
(c) The Texas Education Agency shall consult the Sunset
Advisory Commission regarding the scope of the review to minimize
the cost of the review.
(d) After considering the report of the Texas Education
Agency, the Sunset Advisory Commission shall include in the
commission's report to the 79th Legislature, Regular Session, 2005,
any recommendations relating to the Windham School District that
the commission considers appropriate.
(e) This section expires September 1, 2005.
SECTION 1.03. TEXAS LOTTERY COMMISSION AND LOTTERY
DIVISION. (a) Section 467.002, Government Code, is amended to read
as follows:
Sec. 467.002. APPLICATION OF SUNSET ACT. The commission is
subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the commission is abolished
and this Act expires September 1, 2005 [2003]. In the review of the
commission by the Sunset Advisory Commission, as required by this
section, the sunset commission shall limit its review to the
appropriateness of recommendations made by the sunset commission to
the 78th Legislature. In the Sunset Advisory Commission's report
to the 79th Legislature, the sunset commission may include any
recommendations it considers appropriate.
(b) Section 466.003(a), Government Code, is amended to read
as follows:
(a) The lottery division is subject to Chapter 325 (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the division is abolished and this chapter expires
September 1, 2005 [2003]. In the review of the lottery division by
the Sunset Advisory Commission, as required by this section, the
sunset commission shall limit its review to the appropriateness of
recommendations made by the sunset commission to the 78th
Legislature. In the Sunset Advisory Commission's report to the
79th Legislature, the sunset commission may include any
recommendations it considers appropriate.
(c) This section takes effect only if the 78th Legislature,
Regular Session, 2003, does not enact other legislation that
becomes law and that amends Section 467.002, Government Code, to
extend the sunset date of the Texas Lottery Commission. If the 78th
Legislature, Regular Session, 2003, enacts legislation of that
kind, this section has no effect.
SECTION 1.04. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
AFFAIRS. (a) Section 2306.022, Government Code, is amended to read
as follows:
Sec. 2306.022. APPLICATION OF SUNSET ACT. The Texas
Department of Housing and Community Affairs is subject to Chapter
325 (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the department is abolished and this chapter
expires September 1, 2005 [2003]. In the review of the department
by the Sunset Advisory Commission, as required by this section, the
sunset commission shall limit its review to the appropriateness of
recommendations made by the sunset commission to the 78th
Legislature and the extent to which the department has implemented
laws enacted by the 77th Legislature in continuing the department.
In the Sunset Advisory Commission's report to the 79th Legislature,
the sunset commission may include any recommendations it considers
appropriate.
(b) This section takes effect only if the 78th Legislature,
Regular Session, 2003, does not enact other legislation that
becomes law and that amends Section 2306.022, Government Code, to
extend the sunset date of the Texas Department of Housing and
Community Affairs. If the 78th Legislature, Regular Session, 2003,
enacts legislation of that kind, this section has no effect.
SECTION 1.05. TEXAS AFFORDABLE HOUSING CORPORATION. (a)
Section 2306.5521, Government Code, is amended to read as follows:
Sec. 2306.5521. SUNSET PROVISION. The Texas State
Affordable Housing Corporation is subject to Chapter 325 (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the corporation is abolished and this subchapter expires
September 1, 2005 [2003]. In the review of the corporation by the
Sunset Advisory Commission, as required by this section, the sunset
commission shall limit its review to the appropriateness of
recommendations made by the sunset commission to the 78th
Legislature. In the Sunset Advisory Commission's report to the
79th Legislature, the sunset commission may include any
recommendations it considers appropriate.
(b) This section takes effect only if the 78th Legislature,
Regular Session, 2003, does not enact other legislation that
becomes law and that amends Section 2306.5521, Government Code, to
extend the sunset date of the Texas State Affordable Housing
Corporation. If the 78th Legislature, Regular Session, 2003,
enacts legislation of that kind, this section has no effect.
SECTION 1.06. TEXAS HIGHER EDUCATION COORDINATING BOARD.
(a) Section 61.0211, Education Code, is amended to read as follows:
Sec. 61.0211. SUNSET PROVISION. The Texas Higher Education
Coordinating Board is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the board is abolished and this chapter expires
September 1, 2005 [2003]. In the review of the board by the sunset
commission, as required by this section, the commission shall limit
its review to the appropriateness of recommendations made by the
commission to the 78th Legislature. In the commission's report to
the 79th Legislature, the commission may include any
recommendations it considers appropriate.
(b) This section takes effect only if the 78th Legislature,
Regular Session, 2003, does not enact other legislation that
becomes law and that amends Section 61.0211, Education Code, to
extend the sunset date of the Texas Higher Education Coordinating
Board. If the 78th Legislature, Regular Session, 2003, enacts
legislation of that kind, this section has no effect.
ARTICLE 2. ENTITIES GIVEN 2007 SUNSET DATE
SECTION 2.01. TEXAS VETERANS COMMISSION. Section
434.002(a), Government Code, is amended to read as follows:
(a) The Texas Veterans Commission is subject to Chapter 325
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the commission is abolished September 1, 2007 [2005].
SECTION 2.02. TEXAS DEPARTMENT OF INSURANCE. Section
31.004, Insurance Code, is amended to read as follows:
Sec. 31.004. SUNSET PROVISION. The Texas Department of
Insurance is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the department is abolished September 1, 2007 [2005].
SECTION 2.03. OFFICE OF PUBLIC INSURANCE COUNSEL. Section
7, Article 1.35A, Insurance Code, is amended to read as follows:
Sec. 7. APPLICABILITY OF SUNSET ACT. The office of public
insurance counsel is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the office is abolished September 1, 2007 [2005].
SECTION 2.04. PRESCRIBED BURNING BOARD. Section 153.044,
Natural Resources Code, is amended to read as follows:
Sec. 153.044. SUNSET PROVISION. The Prescribed Burning
Board is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the board is abolished and this chapter expires September 1, 2007
[2009].
SECTION 2.05. VETERANS' LAND BOARD. Section 161.0111,
Natural Resources Code, is amended to read as follows:
Sec. 161.0111. SUNSET PROVISION. The Veterans' Land Board
is subject to review under Chapter 325, Government Code (Texas
Sunset Act), but is not abolished under that chapter. The board
shall be reviewed during the period in which state agencies
abolished in 2007 [2005] and every 12th year after 2007 [2005] are
reviewed.
SECTION 2.06. REGIONAL EDUCATION SERVICE CENTERS. If the
78th Legislature, Regular Session, 2003, enacts legislation that
becomes law and that makes regional education service centers
subject to Chapter 325, Government Code (Texas Sunset Act), the
comptroller of public accounts shall assist the Sunset Advisory
Commission in its review. The comptroller shall conduct a review of
the regional education service centers and report the results of
the review to the Sunset Advisory Commission before March 1, 2004.
The comptroller shall consult the Sunset Advisory Commission
regarding the scope of the review. The report shall also be
transmitted to the presiding officers of the standing committee in
the senate and the house of representatives responsible for public
education.
ARTICLE 3. ENTITIES GIVEN 2009 SUNSET DATE
SECTION 3.01. EQUINE RESEARCH ACCOUNT ADVISORY COMMITTEE.
Section 88.524(b), Education Code, is amended to read as follows:
(b) The Equine Research Account Advisory Committee is
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the advisory
committee is abolished and this subchapter expires September 1,
2009 [2005].
SECTION 3.02. TEXASONLINE DIVISION OF THE DEPARTMENT OF
INFORMATION RESOURCES. Section 2054.2645, Government Code, is
amended to read as follows:
Sec. 2054.2645. SUNSET PROVISION. The division is subject
to Chapter 325 (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the division is abolished September 1,
2009 [2005].
SECTION 3.03. ELECTRONIC GOVERNMENT PROGRAM MANAGEMENT
OFFICE OF THE DEPARTMENT OF INFORMATION RESOURCES. Section
2055.003, Government Code, is amended to read as follows:
Sec. 2055.003. SUNSET PROVISION. The office is subject to
Chapter 325 (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the office is abolished September 1, 2009
[2005].
SECTION 3.04. STATE BOARD OF EXAMINERS FOR SPEECH-LANGUAGE
PATHOLOGY AND AUDIOLOGY. Section 401.002, Occupations Code, is
amended to read as follows:
Sec. 401.002. APPLICATION OF SUNSET ACT. The State Board of
Examiners for Speech-Language Pathology and Audiology is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the board is abolished and
this chapter expires September 1, 2009 [2005].
SECTION 3.05. STATE COMMITTEE OF EXAMINERS IN THE FITTING
AND DISPENSING OF HEARING INSTRUMENTS. Section 402.002,
Occupations Code, is amended to read as follows:
Sec. 402.002. APPLICATION OF SUNSET ACT. The State
Committee of Examiners in the Fitting and Dispensing of Hearing
Instruments is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the committee is abolished and this chapter expires
September 1, 2009 [2005].
SECTION 3.06. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND
OCCUPATIONAL THERAPY EXAMINERS. Section 452.002, Occupations
Code, is amended to read as follows:
Sec. 452.002. APPLICATION OF SUNSET ACT. The Executive
Council of Physical Therapy and Occupational Therapy Examiners is
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the executive
council is abolished and the following laws expire September 1,
2009 [2005]:
(1) this chapter;
(2) Chapter 453; and
(3) Chapter 454.
SECTION 3.07. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS.
Section 453.002, Occupations Code, is amended to read as follows:
Sec. 453.002. APPLICATION OF SUNSET ACT. The Texas Board of
Physical Therapy Examiners is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the board is abolished and this chapter expires
September 1, 2009 [2005].
SECTION 3.08. TEXAS BOARD OF OCCUPATIONAL THERAPY
EXAMINERS. Section 454.003, Occupations Code, is amended to read
as follows:
Sec. 454.003. APPLICATION OF SUNSET ACT. The Texas Board of
Occupational Therapy Examiners is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the board is abolished and this chapter
expires September 1, 2009 [2005].
SECTION 3.09. TEXAS RACING COMMISSION. Section 18.01(a),
Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes), is
amended to read as follows:
(a) The Texas Racing Commission is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, and except as provided by Subsections
(b) and (c) of this section, the commission is abolished and this
Act expires September 1, 2009 [2005].
ARTICLE 4. ENTITIES GIVEN 2011 SUNSET DATE
SECTION 4.01. CORRECTIONAL MANAGED HEALTH CARE COMMITTEE.
Section 501.132, Government Code, is amended to read as follows:
Sec. 501.132. APPLICATION OF SUNSET ACT. The Correctional
Managed Health Care Committee is subject to Chapter 325 (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the committee is abolished and this subchapter expires
September 1, 2011 [2005].
ARTICLE 5. ENTITIES GIVEN 2013 SUNSET DATE
SECTION 5.01. ON-SITE WASTEWATER TREATMENT RESEARCH
COUNCIL. Section 367.003(a), Health and Safety Code, is amended to
read as follows:
(a) The council is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the council is abolished and this chapter expires
September 1, 2013 [2005].
ARTICLE 6. ENTITIES REMOVED FROM SPECIFIC SUNSET REVIEW
SECTION 6.01. REPEALER. The following laws are repealed:
(1) Section 50A.003, Agriculture Code (Texas Food for
Health Advisory Council);
(2) Section 262.057, Occupations Code (Dental Hygiene
Advisory Committee);
(3) Section 8, Chapter 105, Acts of the 76th
Legislature, Regular Session, 1999 (Article 2654-3g, Vernon's
Texas Civil Statutes) (Texas Environmental Education Partnership
Fund); and
(4) 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. Chapter 325, Government
Code, is amended by adding Section 325.0195 to read as follows:
Sec. 325.0195. RECORDS PROTECTED FROM DISCLOSURE. (a) A
working paper, including all documentary or other information,
prepared or maintained by the commission staff in performing its
duties 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) A record held by another entity that is considered to be
confidential by law and that the commission receives in connection
with the performance of the commission'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. This Act takes effect
September 1, 2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2455 was passed by the House on May 2,
2003, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2455 on May 30, 2003, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2455 on June 1, 2003, by a
non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2455 was passed by the Senate, with
amendments, on May 28, 2003, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 2455 on June 1, 2003, by
a viva-voce vote.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor