H.B. No. 2947




AN ACT
relating to state agency decentralization of services. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 391, Local Government Code, is amended by adding Section 391.0091 to read as follows: Sec. 391.0091. STATE AGENCY CONSULTATION WITH REGIONAL PLANNING COMMISSIONS. (a) In this section, "service" includes a program. (b) If a state agency determines that a service provided by that agency should be decentralized to a multicounty region, the agency shall use a state planning region or combination of regions for the decentralization. (c) A state agency that decentralizes a service provided to more than one public entity or nonprofit organization in a region shall consult with the commission for that region in planning the decentralization. The commission shall consult with each affected public entity or nonprofit organization. (d) A state agency, in planning for decentralization of a service in a region, shall consider using a commission for that service to: (1) achieve efficiencies through shared costs for: (A) executive management; (B) administration; (C) financial accounting and reporting; (D) facilities and equipment; (E) data services; and (F) audit costs; (2) improve the planning, coordination, and delivery of services by coordinating the location of services; (3) increase accountability and local control by placing a service under the oversight of the commission; and (4) improve financial oversight through the auditing and reporting required under this chapter. (e) This section does not apply to a service: (1) that continues to be operated by a state agency through a regional administrative office of that agency; or (2) for which the state agency determines that a law, rule, or program policy makes use of the geographic area of a single county or adjacent counties more appropriate. SECTION 2. Subchapter B, Chapter 2001, Government Code, is amended by adding Section 2001.041 to read as follows: Sec. 2001.041. COMPLIANCE WITH LAW ON DECENTRALIZATION. A state agency rule, order, or guide relating to decentralization of agency services or programs must include a statement of the manner in which the agency complied with Section 391.0091, Local Government Code. SECTION 3. Section 2001.041, Government Code, as added by this Act, applies only to a state agency rule, order, or guide adopted on or after September 1, 2003. SECTION 4. This Act takes effect September 1, 2003. ______________________________ ______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2947 was passed by the House on April 25, 2003, by the following vote: Yeas 146, Nays 0, 2 present, not voting; and that the House concurred in Senate amendments to H.B. No. 2947 on May 30, 2003, by the following vote: Yeas 145, Nays 0, 2 present, not voting. ______________________________ Chief Clerk of the House I certify that H.B. No. 2947 was passed by the Senate, with amendments, on May 28, 2003, by the following vote: Yeas 31, Nays 0. ______________________________ Secretary of the Senate APPROVED: __________________ Date __________________ Governor