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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of, and the entities reviewed by, |
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the Sunset Advisory Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. CHANGES TO TEXAS SUNSET ACT |
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SECTION 1.01. Sections 325.003(a), (b), (d), (e), and (j), |
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Government Code, are amended to read as follows: |
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(a) The Sunset Advisory Commission consists of five members |
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of the senate and one public member appointed by the lieutenant |
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governor and five members of the house of representatives and one |
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public member appointed by the speaker of the house. The lieutenant |
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governor and the speaker of the house [Each appointing authority] |
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may serve [designate himself] as one of the legislative appointees. |
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(b) An individual is not eligible for appointment as a |
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public member if the individual or the individual's spouse is: |
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(1) regulated by a state agency that the commission |
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will review during the term for which the individual would serve; |
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[or] |
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(2) employed by, participates in the management of, or |
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directly or indirectly has more than a 10 percent interest in a |
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business entity or other organization regulated by a state agency |
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the commission will review during the term for which the individual |
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would serve; or |
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(3) required to register as a lobbyist under Chapter |
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305 because of the person's activities for compensation on behalf |
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of a profession or entity related to the operation of an agency |
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under review. |
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(d) Legislative members serve four-year terms, with terms |
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staggered so that the terms of as near to one-half of the |
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legislative members appointed by the lieutenant governor as |
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possible and the terms of as near to one-half of the legislative |
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members appointed by the speaker as possible expire September 1 of |
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each odd-numbered year. If the lieutenant governor or the speaker |
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serves on the commission, service [he] continues [to serve] until |
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resignation from the commission or until the individual [he] ceases |
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to hold the office. Public members serve two-year terms expiring |
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September 1 of each odd-numbered year. |
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(e) Members other than the lieutenant governor and the |
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speaker are subject to the following restrictions: |
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(1) after an individual serves six years on the |
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commission, the individual is not eligible for appointment to |
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another term or part of a term; |
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(2) a legislative member who serves [more than half
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of] a full term may not be appointed to an immediately succeeding |
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term; and |
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(3) a public member may not serve more than two |
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consecutive terms, and, for purposes of this prohibition, a member |
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is considered to have served a term only if the member has served |
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more than half of the term. |
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(j) Seven members of the commission constitute a quorum. A |
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final action or recommendation may not be made unless approved by a |
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record vote of a majority of the commission's full membership. All |
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other actions by the commission shall be decided by a majority of |
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the members present and voting. |
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SECTION 1.02. Section 325.007, Government Code, is amended |
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to read as follows: |
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Sec. 325.007. AGENCY REPORT TO COMMISSION. Before |
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September 1 [October 30] of the odd-numbered year before the year in |
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which a state agency subject to this chapter is abolished, the |
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agency shall report to the commission: |
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(1) information regarding the application to the |
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agency of the criteria in Section 325.011; and |
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(2) any other information that the agency considers |
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appropriate or that is requested by the commission. |
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SECTION 1.03. Section 325.008(a), Government Code, is |
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amended to read as follows: |
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(a) Before January [September] 1 of [the even-numbered year
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before] the year in which a state agency subject to this chapter and |
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its advisory committees are abolished, the commission shall: |
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(1) review and take action necessary to verify the |
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reports submitted by the agency under Section 325.007; |
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(2) consult the Legislative Budget Board, the |
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Governor's Budget, Policy, and Planning Division [Office], the |
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State Auditor, and the comptroller of public accounts, or their |
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successors, on the application to the agency of the criteria |
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provided in Section 325.011; |
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(3) conduct a review [performance evaluation] of the |
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agency based on the criteria provided in Section 325.011 and |
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prepare a written report; and |
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(4) review the implementation of commission |
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recommendations contained in the reports presented to the |
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legislature during the preceding legislative session and the |
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resulting legislation. |
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SECTION 1.04. Section 325.009, Government Code, is amended |
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to read as follows: |
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Sec. 325.009. PUBLIC HEARINGS AND DECISIONS. (a) Before |
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January [Between September 1 and December] 1 of [the calendar year
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before] the year a state agency subject to this chapter and its |
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advisory committees are abolished, the commission shall conduct |
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public hearings concerning but not limited to the application to |
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the agency of the criteria provided in Section 325.011. |
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(b) The commission may hold the public hearings after |
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[before September 1 if] the review [evaluation] of the agency |
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required by Section 325.008(a)(3) is complete and available to the |
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public. |
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(c) The commission shall complete its decision on an agency |
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before February 1 of the year of the agency's abolition. |
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SECTION 1.05. Section 325.010, Government Code, is amended |
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to read as follows: |
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Sec. 325.010. COMMISSION REPORT. (a) At each regular |
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legislative session, the commission shall present to the |
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legislature and the governor a report on the agencies and advisory |
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committees reviewed [scheduled to be abolished]. |
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(b) In the report the commission shall include: |
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(1) its [specific] findings regarding [each of] the |
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criteria prescribed by Section 325.011; |
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(2) its recommendations based on the matters |
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prescribed by Section 325.012; and |
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(3) other information the commission considers |
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necessary for a complete review [evaluation] of the agency. |
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SECTION 1.06. Section 325.011, Government Code, is amended |
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to read as follows: |
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Sec. 325.011. CRITERIA FOR REVIEW. The commission and its |
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staff shall consider the following criteria in determining whether |
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a public need exists for the continuation of a state agency or its |
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advisory committees or for the performance of the functions of the |
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agency or its advisory committees: |
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(1) the efficiency and effectiveness with which the |
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agency, its policy body, or the advisory committee operates; |
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(2)(A) an identification of the mission, goals, and |
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objectives intended for the agency or advisory committee and of the |
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problem or need that the agency or advisory committee was intended |
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to address; and |
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(B) [,] the extent to which the mission, goals, |
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and objectives have been achieved and the problem or need has been |
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addressed; |
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(3)(A) an identification of[, and] any activities of |
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the agency in addition to those granted by statute and of the |
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authority for those [these] activities; and |
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(B) the extent to which those activities are |
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needed; |
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(4) [(3)] an assessment of authority of the agency |
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relating to fees, inspections, enforcement, and penalties; |
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(5) whether less restrictive or alternative methods of |
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performing any function [regulation] that the agency performs |
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[that] could adequately protect or provide service to the public; |
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(6) [(4) the extent to which the advisory committee is
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needed and is used;
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[(5)] the extent to which the jurisdiction of the |
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agency and the programs administered by the agency overlap or |
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duplicate those of other agencies, the extent to which the agency |
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coordinates with those agencies, and the extent to which the |
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programs administered by the agency can be consolidated with the |
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programs of other state agencies; |
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(7) [(6) whether the agency has recommended to the
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legislature statutory changes calculated to be of benefit to the
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public rather than to an occupation, business, or institution that
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the agency regulates;
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[(7)] the promptness and effectiveness with which the |
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agency addresses [disposes of] complaints concerning entities or |
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other persons affected by the agency, including an assessment of |
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the agency's administrative hearings process; |
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(8) an assessment of the agency's rulemaking process |
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and the extent to which the agency has encouraged participation by |
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the public in making its rules and decisions [as opposed to
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participation solely by those it regulates] and the extent to which |
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the public participation has resulted in rules that benefit the |
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public [compatible with the objectives of the agency]; |
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(9) the extent to which the agency has complied with |
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[applicable requirements of]: |
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(A) federal and state laws and applicable rules |
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[an agency of the United States or of this state] regarding equality |
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of employment opportunity and the rights and privacy of |
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individuals; and |
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(B) state law and applicable rules of any state |
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agency regarding purchasing guidelines [goals] and programs for |
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historically underutilized businesses; |
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(10) [the extent to which changes are necessary in the
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enabling statutes of the agency so that the agency can adequately
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comply with the criteria listed in this section;
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[(11)] the extent to which the agency issues and |
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enforces rules relating to potential conflicts of interest of its |
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employees; |
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(11) [(12)] the extent to which the agency complies |
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with Chapters 551 and 552 and follows records management practices |
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that enable the agency to respond efficiently to requests for |
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public information; and |
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(12) [(13)] the effect of federal intervention or loss |
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of federal funds if the agency is abolished. |
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SECTION 1.07. Section 325.012, Government Code, is amended |
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to read as follows: |
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Sec. 325.012. RECOMMENDATIONS. (a) In its report on a |
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state agency, the commission shall: |
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(1) make recommendations on the abolition, |
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continuation, or reorganization of each affected state agency and |
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its advisory committees and on the need for the performance of the |
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functions of the agency and its advisory committees; |
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(2) make recommendations on the consolidation, |
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transfer, or reorganization of programs within state agencies not |
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under review when the programs duplicate functions performed in |
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agencies under review; and |
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(3) make recommendations to improve the operations of |
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the agency, its policy body, and its advisory committees, including |
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management recommendations that do not require a change in the |
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agency's enabling statute. |
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(b) The commission shall include the estimated fiscal |
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impact of its recommendations and may recommend appropriation |
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levels for certain programs to improve the operations of the state |
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agency. |
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(c) The commission shall have [recommend appropriation
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levels for each state agency and advisory committee for which
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abolition or reorganization is recommended under Subdivision (1) or
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(2); and
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[(4)include] drafts of legislation prepared |
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[necessary] to carry out the commission's recommendations under |
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this section [Subdivisions (1) and (2)]. |
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(d) After the legislature acts on the report [(b) On the
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date the commission presents its report to the legislature] under |
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Section 325.010, the commission shall present to the state auditor |
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the commission's recommendations that do not require a statutory |
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change to be put into effect. Based on a risk assessment and |
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subject to the legislative audit committee's approval of including |
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the examination in the audit plan under Section 321.013, the state |
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auditor may examine the recommendations and include as part of the |
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next approved audit of the agency a report on whether the agency has |
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implemented the recommendations and, if so, in what manner. |
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SECTION 1.08. Section 325.0125, Government Code, is amended |
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to read as follows: |
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Sec. 325.0125. REVIEW OF CERTAIN AGENCIES. (a) In the |
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two-year period preceding the date scheduled for the abolition of a |
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state agency under this chapter, the commission may exempt certain |
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agencies from the requirements of this chapter relating to staff |
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reports, hearings, and reviews [evaluations]. |
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(b) The commission may only exempt agencies that have been |
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inactive for a period of two years preceding the date the agency is |
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scheduled for abolition or that have been rendered inactive by an |
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action of the legislature. |
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(c) The commission's action in exempting agencies under |
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this section must be done by an affirmative record vote and must be |
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decided by a majority vote as provided by Section 325.003(j) [of all
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members of the commission]. |
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SECTION 1.09. The heading to Section 325.016, Government |
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Code, is amended to read as follows: |
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Sec. 325.016. SUNSET LEGISLATION [LEGISLATIVE
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CONSIDERATION]. |
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SECTION 1.10. Section 325.016, Government Code, is amended |
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by amending Subsections (a) and (c) and adding Subsection (d) to |
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read as follows: |
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(a) Except as provided by Subsections [Subsection] (b) and |
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(d), the legislature may not consider in one bill the continuation, |
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transfer, or modification of more than one state agency and the |
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agency's functions and advisory committees. |
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(c) A bill to continue a state agency, to transfer its |
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functions, or to consolidate it with another agency must mention |
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the affected agencies in the caption [title] of the bill. |
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(d) The legislature may consider the continuation of more |
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than one agency in a single bill for the purpose of adjusting the |
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commission's review schedule. |
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SECTION 1.11. Section 325.017(e), Government Code, is |
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amended to read as follows: |
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(e) Unless the governor designates an appropriate state |
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agency as prescribed by Subsection (f), property and records in the |
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custody of an abolished state agency or advisory committee on |
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September 1 of the even-numbered year after abolishment shall be |
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transferred to the Texas Building and Procurement [State Purchasing
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and General Services] Commission. If the governor designates an |
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appropriate state agency, the property and records shall be |
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transferred to the designated state agency. |
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SECTION 1.12. Section 325.020, Government Code, is amended |
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to read as follows: |
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Sec. 325.020. RELOCATION OF EMPLOYEES. If an employee is |
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displaced because a state agency or its advisory committee is |
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abolished, reorganized, or continued, the state agency and the |
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Texas Workforce [Employment] Commission shall make a reasonable |
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effort to relocate the displaced employee. |
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SECTION 1.13. Section 325.022, Government Code, is amended |
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to read as follows: |
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Sec. 325.022. REVIEW OF PROPOSED LEGISLATION CREATING AN |
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[REGULATORY] AGENCY. (a) Each bill filed in a house of the |
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legislature that would create a new state agency [having regulatory
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authority] or a new advisory committee to a state agency [having
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regulatory authority] shall be reviewed by [forwarded to] the |
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commission. |
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(b) The commission shall review the bill to determine if: |
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(1) the proposed [regulatory and other] functions of |
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the agency or committee could be administered by one or more |
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existing state agencies or advisory committees; |
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(2) the form of regulation, if any, proposed by the |
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bill is the least restrictive form of regulation that will |
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adequately protect the public; |
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(3) the bill provides for adequate public input |
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regarding any regulatory function proposed by the bill; and |
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(4) the bill provides for adequate protection against |
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conflicts of interest within the agency or committee. |
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(c) On request [After reviewing the bill], the commission |
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shall forward a written comment on the legislation to the author of |
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the bill and to the presiding officer of the committee to which the |
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bill is referred. |
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ARTICLE 2. ENTITY GIVEN 2011 SUNSET DATE |
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SECTION 2.01. TEXAS STATE AFFORDABLE HOUSING CORPORATION. |
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Section 2306.5521, Government Code, is amended to read as follows: |
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Sec. 2306.5521. SUNSET PROVISION. The Texas State |
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Affordable Housing Corporation is subject to Chapter 325 (Texas |
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Sunset Act). Unless continued in existence as provided by that |
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chapter, the corporation is abolished and this subchapter expires |
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September 1, 2011 [2009]. |
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ARTICLE 3. ENTITY GIVEN 2013 SUNSET DATE |
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SECTION 3.01. TEXAS COUNCIL ON PURCHASING FROM PEOPLE WITH |
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DISABILITIES. Section 122.006, Human Resources Code, is amended to |
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read as follows: |
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Sec. 122.006. SUNSET PROVISION. The Texas Council on |
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Purchasing from People with Disabilities is subject to Chapter 325, |
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Government Code (Texas Sunset Act). Unless continued in existence |
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as provided by that chapter, the council is abolished and this |
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chapter expires September 1, 2013 [2015]. |
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ARTICLE 4. ENTITY REMOVED FROM SPECIFIC SUNSET REVIEW |
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SECTION 4.01. REPEALER. Section 435.003, Government Code |
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(Texas Military Facilities Commission), is repealed. |
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ARTICLE 5. EFFECTIVE DATE |
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SECTION 5.01. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2007. |