79(R) HB 1116 - Senate Committee Report version


                                                                                


By:  Solomons, et al. (Senate Sponsor - Nelson)                   H.B. No. 1116
	(In the Senate - Received from the House April 13, 2005; 
April 14, 2005, read first time and referred to Committee on 
Government Organization; May 20, 2005, reported adversely, with 
favorable Committee Substitute by the following vote:  Yeas 6, 
Nays 0; May 20, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 1116                                   By:  Eltife


A BILL TO BE ENTITLED

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].

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].

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.  TEXAS ANIMAL HEALTH COMMISSION. Section 
161.027, Agriculture Code, is amended to read as follows:
	Sec. 161.027.  SUNSET PROVISION.  The Texas Animal Health 
Commission is subject to Chapter 325, Government Code (Texas Sunset 
Act).  Unless continued in existence as provided by that chapter, 
the commission is abolished September 1, 2011 [2007].
	SECTION 3.05.  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 3.06.  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 3.07.  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 3.08.  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.

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.     



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