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78R9090 MTB-D
By: Swinford H.B. No. 3001
A BILL TO BE ENTITLED
AN ACT
relating to the reorganization and consolidation of state
governmental functions and entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 76, Agriculture Code, is
amended by adding Section 76.0075 to read as follows:
Sec. 76.0075. TRANSFER OF DUTIES FROM TEXAS STRUCTURAL PEST
CONTROL BOARD. (a) Notwithstanding any other law, all powers and
duties of the Texas Structural Pest Control Board, under this law or
any other law, relating to the regulation of the sale, use, or
application of pesticides and of professions related to the sale,
use, or application of pesticides are transferred to the
department.
(b) The Texas Structural Pest Control Board is abolished,
and all powers, duties, personnel, property, assets, and
obligations of the board are transferred to the department. The
validity of a prior action of the board is not affected by the
abolishment.
(c) All rules of the Texas Structural Pest Control Board
relating to a transferred power or duty remain in effect as rules of
the department until amended or repealed by the department.
(d) A reference in law to the Texas Structural Pest Control
Board means the department.
SECTION 2. Subchapter C, Chapter 61, Education Code, is
amended by adding Section 61.0515 to read as follows:
Sec. 61.0515. REVIEW OF UNIVERSITY SYSTEM ADMINISTRATION.
(a) The board shall perform a review of the organization and
operations of each university system office to:
(1) identify appropriate organizational structures
for university systems and system offices;
(2) identify and quantify workforce and other
resources at each system office used to provide services and
functions common to each system office; and
(3) determine the extent to which system
administration employees are performing services and functions
that are also provided by employees of individual component
institutions of each university system.
(b) In the review, the board shall identify the number and
types of administrative and executive positions in the
administration of each university system, and shall examine each
major function, service, or activity performed by university system
offices, including:
(1) central administration;
(2) academic affairs coordination and support;
(3) general counsel and other legal services;
(4) budgeting, accounting, and data reporting;
(5) fiscal management;
(6) facilities planning and construction;
(7) governmental relations;
(8) audit services;
(9) real estate management;
(10) information technology services; and
(11) aircraft operation and usage.
(c) Not later than November 1, 2004, the board shall prepare
a report of the review and deliver the report to the lieutenant
governor, speaker of the house of representatives, Legislative
Budget Board, and chair of the standing committee of each house of
the legislature with primary jurisdiction over higher education.
In the report, the board shall state its findings and identify
opportunities for legislative and administrative action relating
to:
(1) the reorganization of university system offices
and functions;
(2) the consolidation or reorganization of university
systems; and
(3) the consolidation or centralization of functions,
services, or activities of university system offices.
(d) In the report, the board shall identify potential
reductions in personnel and other cost savings associated with each
legislative or administrative action the board identifies under
Subsection (c).
(e) This section expires September 1, 2005.
SECTION 3. Section 11.204(a), Finance Code, is amended to
read as follows:
(a) The finance commission shall use the staff, equipment,
and facilities of the finance agencies to the extent necessary to
carry out the finance commission's duties. To reduce
administrative costs, the finance agencies shall share staff,
equipment, and facilities to the extent that the sharing
contributes to cost efficiency without detracting from the staff
expertise needed for individual areas of agency responsibility.
The finance commission shall identify and implement other
appropriate means of achieving cost savings by combining
administrative functions performed by the finance agencies,
including, to the extent feasible, shared information systems,
accounting, and licensing procedures. Before December 31 of each
even-numbered year, the finance commission shall submit to the
lieutenant governor and the speaker of the house of representatives
a report:
(1) describing its activities to achieve cost savings
during the preceding state fiscal biennium; and
(2) recommending any statutory changes necessary to
achieve additional cost savings.
SECTION 4. Subchapter A, Chapter 435, Government Code, is
amended by adding Section 435.0015 to read as follows:
Sec. 435.0015. TRANSFER OF POWERS AND DUTIES FROM
COMMISSION. (a) The commission is abolished, and all powers,
duties, personnel, property, assets, and obligations of the
commission are transferred to the adjutant general's department.
The validity of a prior action of the commission is not affected by
the abolishment.
(b) All rules of the commission relating to a transferred
power or duty remain in effect as rules of the adjutant general's
department until amended or repealed by the adjutant general's
department.
(c) A reference in law to the commission means the adjutant
general's department.
SECTION 5. Chapter 511, Government Code, is amended by
adding Section 511.0035 to read as follows:
Sec. 511.0035. COMMISSION ABOLISHED AND FUNCTIONS
TRANSFERRED. (a) The commission is abolished, and all powers,
duties, personnel, property, assets, and obligations of the
commission are transferred to the Texas Department of Criminal
Justice. The validity of a prior action of the commission is not
affected by the abolishment.
(b) All rules of the commission relating to a transferred
power or duty remain in effect as rules of the Texas Department of
Criminal Justice until amended or repealed by the Texas Department
of Criminal Justice.
(c) A reference in law to the commission means the Texas
Department of Criminal Justice.
SECTION 6. Section 2003.021(b), Government Code, is amended
to read as follows:
(b) The office:
(1) shall, notwithstanding other law, conduct all
administrative hearings in contested cases under Chapter 2001 that
are before a state agency [that does not employ an individual whose
only duty is to preside as a hearings officer over matters related
to contested cases before the agency];
(2) shall conduct administrative hearings in matters
for which the office is required to conduct the hearing under other
law;
(3) shall conduct alternative dispute resolution
procedures that the office is required to conduct under law; and
(4) may conduct, for a fee and under a contract,
administrative hearings or alternative dispute resolution
procedures in matters voluntarily referred to the office by a
governmental entity.
SECTION 7. Subchapter A, Chapter 2054, Government Code, is
amended by adding Section 2054.012 to read as follows:
Sec. 2054.012. TRANSFER OF POWERS AND DUTIES TO STATE
ADMINISTRATIVE SERVICES AGENCY. (a) The powers and duties of the
Department of Information Resources under this chapter or other law
are transferred to the State Administrative Services Agency.
(b) A reference in law to the Department of Information
Resources is a reference to the State Administrative Services
Agency.
SECTION 8. Section 2151.003, Government Code, is amended to
read as follows:
Sec. 2151.003. REFERENCE. A statutory reference to the
Texas Building and Procurement Commission, the General Services
Commission, the State Board of Control, or the State Purchasing and
General Services Commission means the State Administrative
Services Agency [Texas Building and Procurement Commission].
SECTION 9. Section 2151.004, Government Code, is amended to
read as follows:
Sec. 2151.004. TRANSFER OF POWERS AND DUTIES TO STATE
ADMINISTRATIVE SERVICES AGENCY [DEPARTMENT OF INFORMATION
RESOURCES]. (a) The powers and duties of the Texas Building and
Procurement [General Services] Commission [under Chapter 2170 or
other law relating to providing telecommunications services for
state government] are transferred to the State Administrative
Services Agency [Department of Information Resources].
(b) A reference in law to the Texas Building and Procurement
[General Services] Commission [that relates to the powers and
duties of the General Services Commission under Chapter 2170 or
other law relating to providing telecommunications services for
state government] is a reference to the State Administrative
Services Agency [Department of Information Resources].
SECTION 10. The heading of Chapter 2152, Government Code,
is amended to read as follows:
CHAPTER 2152. STATE ADMINISTRATIVE SERVICES AGENCY [TEXAS BUILDING
AND PROCUREMENT COMMISSION]
SECTION 11. Section 2152.001, Government Code, is amended
to read as follows:
Sec. 2152.001. AGENCY [COMMISSION]. The State
Administrative Services Agency [Texas Building and Procurement
Commission] is an agency of the state.
SECTION 12. Section 2152.002, Government Code, is amended
to read as follows:
Sec. 2152.002. SUNSET PROVISION. The State Administrative
Services Agency [Texas Building and Procurement Commission] is
subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the commission is abolished
and this subtitle[, except for Chapter 2170 and Section 2157.121,]
expires September 1, 2013.
SECTION 13. Section 2152.051, Government Code, is amended
to read as follows:
Sec. 2152.051. COMPOSITION OF BOARD [COMMISSION].
[(a)] The governing board of the State Administrative Services
Agency [commission] consists of five members [:
[(1) three members] appointed by the governor[;
[(2) two additional members appointed by the governor
from a list of nominees submitted by the speaker of the house of
representatives; and
[(3) two members appointed by the lieutenant
governor].
[(b) In making an appointment under Subsection (a)(2), the
governor may reject one or more of the nominees on a list submitted
by the speaker of the house of representatives and request a new
list of different nominees.]
SECTION 14. Section 2152.052(b), Government Code, is
amended to read as follows:
(b) In making appointments under this section, the governor
[and lieutenant governor] shall attempt to appoint women and
members of different minority groups, including African Americans,
Hispanic Americans, Native Americans, and Asian Americans.
SECTION 15. Section 2152.057, Government Code, is amended
to read as follows:
Sec. 2152.057. TERMS. Commission members serve staggered
six-year terms with one or two [or three] members' terms expiring
January 31 of each odd-numbered year.
SECTION 16. Chapter 387, Health and Safety Code, is
amended by adding Section 387.0015 to read as follows:
Sec. 387.0015. COUNCIL ABOLISHED. The Texas Council on
Environmental Technology is abolished and:
(1) all unobligated funds of the council are
transferred to the undedicated portion of the general revenue fund;
(2) positions of employees of the council are
terminated;
(3) any contract or other obligation of the council is
transferred to the Texas Commission on Environmental Quality;
(4) the property and records of the council are
transferred to the Texas Commission on Environmental Quality; and
(5) any administrative duties of the council relating
to grants previously made by the council are transferred to the
Texas Commission on Environmental Quality.
SECTION 17. Subchapter A, Chapter 771, Health and Safety
Code, is amended by adding Section 771.002 to read as follows:
Sec. 771.002. TRANSFER OF POWERS AND DUTIES FROM COMMISSION
ON STATE EMERGENCY COMMUNICATIONS. (a) The Commission on State
Emergency Communications is abolished, and all powers, duties,
personnel, property, assets, and obligations of the commission are
transferred to the Public Utility Commission of Texas. The
validity of a prior action of the commission is not affected by the
abolishment.
(b) All rules of the Commission on State Emergency
Communications relating to a transferred power or duty remain in
effect as rules of the Public Utility Commission of Texas until
amended or repealed by the Public Utility Commission of Texas.
(c) A reference in law to the Commission on State Emergency
Communications means the Public Utility Commission of Texas.
SECTION 18. Subchapter A, Chapter 51, Occupations Code, is
amended by adding Section 51.003 to read as follows:
Sec. 51.003. TRANSFER OF POWERS AND DUTIES TO THE TEXAS
DEPARTMENT OF LICENSING AND REGULATION. (a) The following state
agencies are abolished:
(1) the State Board of Barber Examiners;
(2) the Texas Cosmetology Commission; and
(3) the Texas Board of Professional Land Surveying.
(b) All powers, duties, personnel, property, assets, and
obligations of a state agency listed in Subsection (a) are
transferred to the Texas Department of Licensing and Regulation.
The validity of a prior action of a state agency listed in
Subsection (a) is not affected by the abolishment.
(c) All rules of a state agency listed in Subsection (a)
relating to a transferred power or duty remain in effect as rules of
the Texas Department of Licensing and Regulation until amended or
repealed by the Texas Department of Licensing and Regulation.
(d) A reference in law to a state agency listed in
Subsection (a) means the Texas Department of Licensing and
Regulation.
SECTION 19. Title 2, Occupations Code, is amended by adding
Chapter 59 to read as follows:
CHAPTER 59. TEXAS DEPARTMENT OF PROFESSIONAL LICENSING
Sec. 59.001. TRANSFER OF POWERS AND DUTIES TO THE TEXAS
DEPARTMENT OF PROFESSIONAL LICENSING. (a) The following state
agencies are abolished:
(1) the Texas State Board of Public Accountancy;
(2) the Texas Board of Professional Engineers; and
(3) the Texas Board of Architectural Examiners.
(b) All powers, duties, personnel, property, assets, and
obligations of a state agency listed in Subsection (a) are
transferred to the Texas Department of Professional Licensing. The
validity of a prior action of a state agency listed in Subsection
(a) is not affected by the abolishment.
(c) All rules of a state agency listed in Subsection (a)
relating to a transferred power or duty remain in effect as rules of
the Texas Department of Professional Licensing until amended or
repealed by the Texas Department of Professional Licensing.
(d) A reference in law to a state agency listed in
Subsection (a) means the Texas Department of Professional
Licensing.
Sec. 59.002. COMMISSION. (a) The Texas Department of
Professional Licensing is a state agency governed by a five-member
commission appointed by the governor with the advice and consent of
the senate.
(b) The commission shall adopt rules to implement this
chapter.
SECTION 20. Subchapter A, Chapter 1701, Occupations Code,
is amended by adding Section 1701.004 to read as follows:
Sec. 1701.004. COMMISSION ABOLISHED AND FUNCTIONS
TRANSFERRED. (a) The commission is abolished, and all powers,
duties, personnel, property, assets, and obligations of the
commission are transferred to the Department of Public Safety of
the State of Texas. The validity of a prior action of the
commission is not affected by the abolishment.
(b) All rules of the commission relating to a transferred
power or duty remain in effect as rules of the Department of Public
Safety of the State of Texas until amended or repealed by the
Department of Public Safety of the State of Texas.
(c) A reference in this chapter or another law to the
commission means the Department of Public Safety of the State of
Texas.
SECTION 21. Subchapter A, Chapter 1702, Occupations Code,
is amended by adding Section 1702.005 to read as follows:
Sec. 1702.005. COMMISSION ABOLISHED AND FUNCTIONS
TRANSFERRED. (a) The commission is abolished, and all powers,
duties, personnel, property, assets, and obligations of the
commission are transferred to the Texas Department of Licensing and
Regulation. The validity of a prior action of the commission is not
affected by the abolishment.
(b) All rules of the commission relating to a transferred
power or duty remain in effect as rules of the Texas Department of
Licensing and Regulation until amended or repealed by the Texas
Department of Licensing and Regulation.
(c) A reference in this chapter or another law to the
commission means the Texas Department of Licensing and Regulation.
SECTION 22. This Act takes effect September 1, 2003.