H.B. No. 1116
AN ACT
relating to the governmental entities subject to the sunset review
process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ENTITIES GIVEN 2007 SUNSET DATE
SECTION 1.01. TEXAS BOARD OF CRIMINAL JUSTICE; TEXAS
DEPARTMENT OF CRIMINAL JUSTICE. Section 492.012, Government Code,
is amended to read as follows:
Sec. 492.012. SUNSET PROVISION. The Texas Board of
Criminal Justice and the Texas Department of Criminal Justice are
subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the board and the department
are abolished September 1, 2007 [2011].
SECTION 1.02. 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, 2007 [2011].
SECTION 1.03. TEXAS ALCOHOLIC BEVERAGE COMMISSION. (a)
Section 5.01(b), Alcoholic Beverage Code, is amended to read as
follows:
(b) The Texas Alcoholic Beverage Commission is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the commission is
abolished and Subchapter A, Chapter 5, of this code expires
September 1, 2007 [2005]. 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 79th
Legislature. In the Sunset Advisory Commission's report to the
80th Legislature, the sunset commission may include any
recommendations it considers appropriate.
(b) This section takes effect only if the 79th Legislature,
Regular Session, 2005, does not enact other legislation that
becomes law and that amends Section 5.01(b), Alcoholic Beverage
Code, to extend the sunset date of the Texas Alcoholic Beverage
Commission. If the 79th Legislature, Regular Session, 2005, enacts
legislation of that kind, this section has no effect.
SECTION 1.04. STATE BOARD FOR EDUCATOR CERTIFICATION. (a)
Sections 21.035(a), (b), and (c), Education Code, are amended to
read as follows:
[(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.
[(b)] The [board and the] Texas Education Agency shall
provide the board's [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.]
(b) Section 21.039, Education Code, is repealed.
(c) This section takes effect only if the 79th Legislature,
Regular Session, 2005, does not enact other legislation that
becomes law and that affects Section 21.035, Education Code. If the
79th Legislature, Regular Session, 2005, enacts legislation of that
kind, this section has no effect.
SECTION 1.05. TEXAS EDUCATION AGENCY. (a) Section 7.004,
Education Code, is amended to read as follows:
Sec. 7.004. SUNSET PROVISION. The Texas Education Agency
is subject to Chapter 325, Government Code (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
agency is abolished September 1, 2007 [2005]. In the review of the
agency 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 79th Legislature. In the Sunset Advisory Commission's report
to the 80th Legislature, the sunset commission may include any
recommendations it considers appropriate.
(b) Section 8.010, Education Code, is repealed.
(c) This section takes effect only if the 79th Legislature,
Regular Session, 2005, does not enact other legislation that
becomes law and that amends Section 7.004, Education Code, to
extend the sunset date of the Texas Education Agency. If the 79th
Legislature, Regular Session, 2005, enacts legislation of that
kind, this section has no effect.
ARTICLE 2. ENTITIES GIVEN 2009 SUNSET DATE
SECTION 2.01. TEXAS MILITARY PREPAREDNESS COMMISSION.
Section 436.003, Government Code, as added by Chapter 149, Acts of
the 78th Legislature, Regular Session, 2003, is amended to read as
follows:
Sec. 436.003. SUNSET PROVISION. 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
chapter expires September 1, 2009 [2007].
SECTION 2.02. TEXAS CANCER COUNCIL. Section 102.003,
Health and Safety Code, is amended to read as follows:
Sec. 102.003. SUNSET PROVISION. The Texas Cancer 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, 2009
[2011].
SECTION 2.03. TEXAS COUNCIL FOR DEVELOPMENTAL
DISABILITIES. Section 112.023, Human Resources Code, is amended to
read as follows:
Sec. 112.023. SUNSET PROVISION. The Texas Council for
Developmental Disabilities 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, 2009 [2011].
SECTION 2.04. GOVERNOR'S COMMITTEE ON PEOPLE WITH
DISABILITIES. Section 115.005, Human Resources Code, is amended to
read as follows:
Sec. 115.005. SUNSET PROVISION. The Governor's Committee
on People with Disabilities 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 [2011].
SECTION 2.05. 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, 2009 [2007].
SECTION 2.06. OFFICE OF PUBLIC INSURANCE COUNSEL. Section
501.003, Insurance Code, is amended to read as follows:
Sec. 501.003. SUNSET PROVISION. The office 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, 2009 [2007].
ARTICLE 3. ENTITIES GIVEN 2011 SUNSET DATE
SECTION 3.01. DEPARTMENT OF AGRICULTURE. Section 11.003,
Agriculture Code, is amended to read as follows:
Sec. 11.003. SUNSET PROVISION. The Department of
Agriculture 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, 2011 [2007].
SECTION 3.02. TEXAS-ISRAEL EXCHANGE FUND BOARD. Section
45.006(i), Agriculture Code, is amended to read as follows:
(i) 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 chapter expires
September 1, 2011 [2007].
SECTION 3.03. BOARD OF DIRECTORS--OFFICIAL COTTON GROWERS'
BOLL WEEVIL ERADICATION FOUNDATION. Section 74.127(a),
Agriculture Code, is amended to read as follows:
(a) The board of directors of the official cotton growers'
boll weevil eradication foundation 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, 2011 [2007].
SECTION 3.04. STATE PRESERVATION BOARD. Section 443.002,
Government Code, is amended to read as follows:
Sec. 443.002. SUNSET PROVISION. The State Preservation
Board is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the board is
abolished and this chapter expires September 1, 2011 [2007].
SECTION 3.05. 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, 2011
[2007].
SECTION 3.06. PUBLIC UTILITY COMMISSION OF TEXAS. (a)
Section 12.005, Utilities Code, is amended to read as follows:
Sec. 12.005. APPLICATION OF SUNSET ACT. The Public Utility
Commission of Texas is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter or by Chapter 39, the commission is abolished and this
title expires September 1, 2011 [2005].
(b) This section takes effect only if the 79th Legislature,
Regular Session, 2005, does not enact other legislation that
becomes law and that amends Section 12.005, Utilities Code, to
extend the sunset date of the Public Utility Commission of Texas or
a successor in function. If the 79th Legislature, Regular Session,
2005, enacts legislation of that kind, this section has no effect.
SECTION 3.07. OFFICE OF PUBLIC UTILITY COUNSEL. (a)
Section 13.002, Utilities Code, is amended to read as follows:
Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of
Public Utility Counsel is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the office is abolished and this chapter expires
September 1, 2011 [2005].
(b) This section takes effect only if the 79th Legislature,
Regular Session, 2005, does not enact other legislation that
becomes law and that amends Section 13.002, Utilities Code, to
extend the sunset date of the Office of Public Utility Counsel or a
successor in function. If the 79th Legislature, Regular Session,
2005, enacts legislation of that kind, this section has no effect.
SECTION 3.08. TEXAS LOTTERY COMMISSION. 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 chapter, Chapter 466 of this code, and Chapter 2001,
Occupations Code, expire [Act expires] September 1, 2011 [2005. 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].
ARTICLE 4. ENTITIES GIVEN 2015 SUNSET DATE
SECTION 4.01. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS.
Section 1002.003, Occupations Code, is amended to read as follows:
Sec. 1002.003. APPLICATION OF SUNSET ACT. The Texas Board
of Professional Geoscientists 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, 2015 [2013].
ARTICLE 5. ENTITIES REMOVED FROM SPECIFIC SUNSET REVIEW
SECTION 5.01. REPEALER. The following laws are repealed:
(1) Section 413.003, Government Code (Criminal
Justice Policy Council);
(2) Section 2108.007, Government Code (Texas
Incentive and Productivity Commission);
(3) Section 2205.019, Government Code (State Aircraft
Pooling Board);
(4) Article 21.49-20(d), Insurance Code (Property and
Casualty Insurance Legislative Oversight Committee); and
(5) Section 39.907(d), Utilities Code (Electric
Utility Restructuring Legislative Oversight Committee).
ARTICLE 6. STUDY OF COURT COSTS AND FEES
SECTION 6.01. STUDY OF COURT COSTS AND FEES. As part of its
review of criminal justice agencies for the 80th Legislature, the
Sunset Advisory Commission shall study the purpose, collection, and
use of certain criminal court costs and fees and parole, probation,
and community supervision fees. In the commission's report to the
80th Legislature, the commission shall include any recommendations
it considers appropriate resulting from its consideration of the
study. The Office of the State Auditor, the Legislative Budget
Board, the comptroller of public accounts, and any other state
agency shall assist the commission as necessary in conducting the
study required by this section.
ARTICLE 7. EFFECTIVE DATE
SECTION 7.01. EFFECTIVE DATE. This Act takes effect
September 1, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1116 was passed by the House on April
12, 2005, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1116 on May 26, 2005, 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. 1116 on May 29, 2005, by a
non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1116 was passed by the Senate, with
amendments, on May 24, 2005, by the following vote: Yeas 30, Nays
0; 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.
1116 on May 29, 2005, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor