80R7425 TAD-F
 
  By: Brimer S.B. No. 915
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of, and the entities reviewed by,
the Sunset Advisory Commission.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1.  CHANGES TO TEXAS SUNSET ACT
       SECTION 1.01.  Sections 325.003(a), (b), (d), (e), and (j),
Government Code, are amended to read as follows:
       (a)  The Sunset Advisory Commission consists of five members
of the senate and one public member appointed by the lieutenant
governor and five members of the house of representatives and one
public member appointed by the speaker of the house. The lieutenant
governor and the speaker of the house [Each appointing authority]
may serve [designate himself] as one of the legislative appointees.
       (b)  An individual is not eligible for appointment as a
public member if the individual or the individual's spouse is:
             (1)  regulated by a state agency that the commission
will review during the term for which the individual would serve;
[or]
             (2)  employed by, participates in the management of, or
directly or indirectly has more than a 10 percent interest in a
business entity or other organization regulated by a state agency
the commission will review during the term for which the individual
would serve; or
             (3)  required to register as a lobbyist under Chapter
305 because of the person's activities for compensation on behalf
of a profession or entity related to the operation of an agency
under review.
       (d)  Legislative members serve four-year terms, with terms
staggered so that the terms of as near to one-half of the
legislative members appointed by the lieutenant governor as
possible and the terms of as near to one-half of the legislative
members appointed by the speaker as possible expire September 1 of
each odd-numbered year. If the lieutenant governor or the speaker
serves on the commission, service [he] continues [to serve] until
resignation from the commission or until the individual [he] ceases
to hold the office. Public members serve two-year terms expiring
September 1 of each odd-numbered year.
       (e)  Members other than the lieutenant governor and the
speaker are subject to the following restrictions:
             (1)  after an individual serves six years on the
commission, the individual is not eligible for appointment to
another term or part of a term;
             (2)  a legislative member who serves [more than half
of] a full term may not be appointed to an immediately succeeding
term; and
             (3)  a public member may not serve more than two
consecutive terms, and, for purposes of this prohibition, a member
is considered to have served a term only if the member has served
more than half of the term.
       (j)  Seven members of the commission constitute a quorum. A
final action or recommendation may not be made unless approved by a
record vote of a majority of the commission's full membership. All
other actions by the commission shall be decided by a majority of
the members present and voting.
       SECTION 1.02.  Section 325.007, Government Code, is amended
to read as follows:
       Sec. 325.007.  AGENCY REPORT TO COMMISSION.  Before
September 1 [October 30] of the odd-numbered year before the year in
which a state agency subject to this chapter is abolished, the
agency shall report to the commission:
             (1)  information regarding the application to the
agency of the criteria in Section 325.011; and
             (2)  any other information that the agency considers
appropriate or that is requested by the commission.
       SECTION 1.03.  Section 325.008(a), Government Code, is
amended to read as follows:
       (a)   Before January [September] 1 of [the even-numbered year
before] the year in which a state agency subject to this chapter and
its advisory committees are abolished, the commission shall:
             (1)  review and take action necessary to verify the
reports submitted by the agency under Section 325.007;
             (2)  consult the Legislative Budget Board, the
Governor's Budget, Policy, and Planning Division [Office], the
State Auditor, and the comptroller of public accounts, or their
successors, on the application to the agency of the criteria
provided in Section 325.011;
             (3)  conduct a review [performance evaluation] of the
agency based on the criteria provided in Section 325.011 and
prepare a written report; and
             (4)  review the implementation of commission
recommendations contained in the reports presented to the
legislature during the preceding legislative session and the
resulting legislation.
       SECTION 1.04.  Section 325.009, Government Code, is amended
to read as follows:
       Sec. 325.009.  PUBLIC HEARINGS AND DECISIONS.  (a)  Before
January [Between September 1 and December] 1 of [the calendar year
before] the year a state agency subject to this chapter and its
advisory committees are abolished, the commission shall conduct
public hearings concerning but not limited to the application to
the agency of the criteria provided in Section 325.011.
       (b)  The commission may hold the public hearings after
[before September 1 if] the review [evaluation] of the agency
required by Section 325.008(a)(3) is complete and available to the
public.
       (c)  The commission shall complete its decision on an agency
before February 1 of the year of the agency's abolition.
       SECTION 1.05.  Section 325.010, Government Code, is amended
to read as follows:
       Sec. 325.010.  COMMISSION REPORT.  (a)  At each regular
legislative session, the commission shall present to the
legislature and the governor a report on the agencies and advisory
committees reviewed [scheduled to be abolished].
       (b)  In the report the commission shall include:
             (1)  its [specific] findings regarding [each of] the
criteria prescribed by Section 325.011;
             (2)  its recommendations based on the matters
prescribed by Section 325.012; and
             (3)  other information the commission considers
necessary for a complete review [evaluation] of the agency.
       SECTION 1.06.  Section 325.011, Government Code, is amended
to read as follows:
       Sec. 325.011.  CRITERIA FOR REVIEW.  The commission and its
staff shall consider the following criteria in determining whether
a public need exists for the continuation of a state agency or its
advisory committees or for the performance of the functions of the
agency or its advisory committees:
             (1)  the efficiency and effectiveness with which the
agency, its policy body, or the advisory committee operates;
             (2)(A)  an identification of the mission, goals, and
objectives intended for the agency or advisory committee and of the
problem or need that the agency or advisory committee was intended
to address; and
                   (B)  [,] the extent to which the mission, goals,
and objectives have been achieved and the problem or need has been
addressed;
             (3)(A)  an identification of[, and] any activities of
the agency in addition to those granted by statute and of the
authority for those [these] activities; and
                   (B)  the extent to which those activities are
needed;
             (4) [(3)]  an assessment of authority of the agency
relating to fees, inspections, enforcement, and penalties;
             (5)  whether less restrictive or alternative methods of
performing any function [regulation] that the agency performs
[that] could adequately protect or provide service to the public;
             (6) [(4)  the extent to which the advisory committee is
needed and is used;
             [(5)]  the extent to which the jurisdiction of the
agency and the programs administered by the agency overlap or
duplicate those of other agencies, the extent to which the agency
coordinates with those agencies, and the extent to which the
programs administered by the agency can be consolidated with the
programs of other state agencies;
             (7) [(6)  whether the agency has recommended to the
legislature statutory changes calculated to be of benefit to the
public rather than to an occupation, business, or institution that
the agency regulates;
             [(7)]  the promptness and effectiveness with which the
agency addresses [disposes of] complaints concerning entities or
other persons affected by the agency, including an assessment of
the agency's administrative hearings process;
             (8)  an assessment of the agency's rulemaking process
and the extent to which the agency has encouraged participation by
the public in making its rules and decisions [as opposed to
participation solely by those it regulates] and the extent to which
the public participation has resulted in rules that benefit the
public [compatible with the objectives of the agency];
             (9)  the extent to which the agency has complied with
[applicable requirements of]:
                   (A)  federal and state laws and applicable rules
[an agency of the United States or of this state] regarding equality
of employment opportunity and the rights and privacy of
individuals; and
                   (B)  state law and applicable rules of any state
agency regarding purchasing guidelines [goals] and programs for
historically underutilized businesses;
             (10)  [the extent to which changes are necessary in the
enabling statutes of the agency so that the agency can adequately
comply with the criteria listed in this section;
             [(11)]  the extent to which the agency issues and
enforces rules relating to potential conflicts of interest of its
employees;
             (11) [(12)]  the extent to which the agency complies
with Chapters 551 and 552 and follows records management practices
that enable the agency to respond efficiently to requests for
public information; and
             (12) [(13)]  the effect of federal intervention or loss
of federal funds if the agency is abolished.
       SECTION 1.07.  Section 325.012, Government Code, is amended
to read as follows:
       Sec. 325.012.  RECOMMENDATIONS.  (a)  In its report on a
state agency, the commission shall:
             (1)  make recommendations on the abolition,
continuation, or reorganization of each affected state agency and
its advisory committees and on the need for the performance of the
functions of the agency and its advisory committees;
             (2)  make recommendations on the consolidation,
transfer, or reorganization of programs within state agencies not
under review when the programs duplicate functions performed in
agencies under review; and
             (3)  make recommendations to improve the operations of
the agency, its policy body, and its advisory committees, including
management recommendations that do not require a change in the
agency's enabling statute.
       (b)  The commission shall include the estimated fiscal
impact of its recommendations and may recommend appropriation
levels for certain programs to improve the operations of the state
agency.
       (c)  The commission shall have [recommend appropriation
levels for each state agency and advisory committee for which
abolition or reorganization is recommended under Subdivision (1) or
(2); and
             [(4)include] drafts of legislation prepared
[necessary] to carry out the commission's recommendations under
this section [Subdivisions (1) and (2)].
       (d)  After the legislature acts on the report [(b) On the
date the commission presents its report to the legislature] under
Section 325.010, the commission shall present to the state auditor
the commission's recommendations that do not require a statutory
change to be put into effect. Based on a risk assessment and
subject to the legislative audit committee's approval of including
the examination in the audit plan under Section 321.013, the state
auditor may examine the recommendations and include as part of the
next approved audit of the agency a report on whether the agency has
implemented the recommendations and, if so, in what manner.
       SECTION 1.08.  Section 325.0125, Government Code, is amended
to read as follows:
       Sec. 325.0125.  REVIEW OF CERTAIN AGENCIES.  (a)  In the
two-year period preceding the date scheduled for the abolition of a
state agency under this chapter, the commission may exempt certain
agencies from the requirements of this chapter relating to staff
reports, hearings, and reviews [evaluations].
       (b)  The commission may only exempt agencies that have been
inactive for a period of two years preceding the date the agency is
scheduled for abolition or that have been rendered inactive by an
action of the legislature.
       (c)  The commission's action in exempting agencies under
this section must be done by an affirmative record vote and must be
decided by a majority vote as provided by Section 325.003(j) [of all
members of the commission].
       SECTION 1.09.  The heading to Section 325.016, Government
Code, is amended to read as follows:
       Sec. 325.016.  SUNSET LEGISLATION [LEGISLATIVE
CONSIDERATION].
       SECTION 1.10.  Section 325.016, Government Code, is amended
by amending Subsections (a) and (c) and adding Subsection (d) to
read as follows:
       (a)  Except as provided by Subsections [Subsection] (b) and
(d), the legislature may not consider in one bill the continuation,
transfer, or modification of more than one state agency and the
agency's functions and advisory committees.
       (c)  A bill to continue a state agency, to transfer its
functions, or to consolidate it with another agency must mention
the affected agencies in the caption [title] of the bill.
       (d)  The legislature may consider the continuation of more
than one agency in a single bill for the purpose of adjusting the
commission's review schedule.
       SECTION 1.11.  Section 325.017(e), Government Code, is
amended to read as follows:
       (e)  Unless the governor designates an appropriate state
agency as prescribed by Subsection (f), property and records in the
custody of an abolished state agency or advisory committee on
September 1 of the even-numbered year after abolishment shall be
transferred to the Texas Building and Procurement [State Purchasing
and General Services] Commission. If the governor designates an
appropriate state agency, the property and records shall be
transferred to the designated state agency.
       SECTION 1.12.  Section 325.020, Government Code, is amended
to read as follows:
       Sec. 325.020.  RELOCATION OF EMPLOYEES.  If an employee is
displaced because a state agency or its advisory committee is
abolished, reorganized, or continued, the state agency and the
Texas Workforce [Employment] Commission shall make a reasonable
effort to relocate the displaced employee.
       SECTION 1.13.  Section 325.022, Government Code, is amended
to read as follows:
       Sec. 325.022.  REVIEW OF PROPOSED LEGISLATION CREATING AN
[REGULATORY] AGENCY.  (a)  Each bill filed in a house of the
legislature that would create a new state agency [having regulatory
authority] or a new advisory committee to a state agency [having
regulatory authority] shall be reviewed by [forwarded to] the
commission.
       (b)  The commission shall review the bill to determine if:
             (1)  the proposed [regulatory and other] functions of
the agency or committee could be administered by one or more
existing state agencies or advisory committees;
             (2)  the form of regulation, if any, proposed by the
bill is the least restrictive form of regulation that will
adequately protect the public;
             (3)  the bill provides for adequate public input
regarding any regulatory function proposed by the bill; and
             (4)  the bill provides for adequate protection against
conflicts of interest within the agency or committee.
       (c)  On request [After reviewing the bill], the commission
shall forward a written comment on the legislation to the author of
the bill and to the presiding officer of the committee to which the
bill is referred.
ARTICLE 2.  ENTITY GIVEN 2011 SUNSET DATE
       SECTION 2.01.  TEXAS STATE AFFORDABLE HOUSING CORPORATION.
Section 2306.5521, Government Code, is amended to read as follows:
       Sec. 2306.5521.  SUNSET PROVISION.  The Texas State
Affordable Housing Corporation is subject to Chapter 325 (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the corporation is abolished and this subchapter expires
September 1, 2011 [2009].
ARTICLE 3. ENTITY GIVEN 2013 SUNSET DATE
       SECTION 3.01.  TEXAS COUNCIL ON PURCHASING FROM PEOPLE WITH
DISABILITIES. Section 122.006, Human Resources Code, is amended to
read as follows:
       Sec. 122.006.  SUNSET PROVISION.  The Texas Council on
Purchasing from People with 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, 2013 [2015].
       ARTICLE 4. ENTITY REMOVED FROM SPECIFIC SUNSET REVIEW
       SECTION 4.01.  REPEALER. Section 435.003, Government Code
(Texas Military Facilities Commission), is repealed.
ARTICLE 5. EFFECTIVE DATE
       SECTION 5.01.  EFFECTIVE DATE.  This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution.  If this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2007.