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A BILL TO BE ENTITLED
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AN ACT
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relating to the governmental entities subject to the sunset review |
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process. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. ENTITIES GIVEN 2011 SUNSET DATE |
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SECTION 1.01. TEXAS FOREST SERVICE. Subchapter B, Chapter |
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88, Education Code, is amended by adding Section 88.1016 to read as |
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follows: |
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Sec. 88.1016. SUNSET PROVISION. The Texas Forest Service |
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is subject to Chapter 325, Government Code (Texas Sunset Act). |
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Unless continued in existence as provided by that chapter, the |
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Texas Forest Service is abolished September 1, 2011. |
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SECTION 1.02. Section 12.005, Utilities Code, is amended to |
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read as follows: |
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Sec. 12.005. APPLICATION OF SUNSET ACT. (a) The Public |
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Utility Commission of Texas is subject to Chapter 325, Government |
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Code (Texas Sunset Act). Unless continued in existence as provided |
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by that chapter or by Chapter 39, the commission is abolished and |
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this title expires September 1, 2011. |
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(b) The Sunset Advisory Commission shall conduct a |
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special-purpose review of the Electric Reliability Council of Texas |
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as part of the commission's review of the Public Utility Commission |
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of Texas for the 82nd Legislature. The sunset commission's report |
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to the 82nd Legislature regarding the review must include an |
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assessment of the governance, management, and operating structure |
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of the council and the council's compliance with the duties and |
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requirements placed on it by the legislature and the Public Utility |
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Commission of Texas. The sunset commission's report under this |
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subsection may include any recommendations it considers |
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appropriate. This subsection expires September 1, 2011. |
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ARTICLE 2. ENTITIES GIVEN 2013 SUNSET DATE |
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SECTION 2.01. TEXAS EDUCATION AGENCY. Section 7.004, |
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Education Code, is amended to read as follows: |
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Sec. 7.004. SUNSET PROVISION. (a) The Texas Education |
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Agency is subject to Chapter 325, Government Code (Texas Sunset |
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Act). Unless continued in existence as provided by that chapter, |
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the agency is abolished September 1, 2013 [2012]. [In the review of
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the agency by the Sunset Advisory Commission, as required by this
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section, the sunset commission shall limit its review to the
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appropriateness of recommendations made by the sunset commission to
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the 79th Legislature.
In the Sunset Advisory Commission's report
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to the 80th Legislature, the sunset commission may include any
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recommendations it considers appropriate.] |
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(b) The Sunset Advisory Commission shall conduct a |
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special-purpose review of the Texas Education Agency as part of the |
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commission's review of agencies for the 82nd Legislature. The |
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commission's report to the 82nd Legislature regarding the review of |
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the Texas Education Agency must include an assessment of the |
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agency's compliance with mandates and requirements contained in |
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legislation passed by the 79th, 80th, and 81st Legislatures. This |
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subsection expires September 1, 2011. |
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SECTION 2.02. TRANSFER OF PURCHASING POWERS TO THE |
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COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS. Sections |
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2151.0041(b) and (c), Government Code, are amended to read as |
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follows: |
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(b) The Sunset Advisory Commission shall evaluate the |
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transfer of powers and duties to the comptroller under Section |
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2151.004(d) and under House Bill 3560, Acts of the 80th |
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Legislature, Regular Session, 2007, and present to the 83rd [82nd] |
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Legislature a report on its evaluation and recommendations in |
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relation to the transfer. The comptroller shall perform all duties |
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in relation to the evaluation that a state agency subject to review |
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under Chapter 325 would perform in relation to a review. |
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(c) Unless otherwise provided by the legislature by law, on |
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September 1, 2013 [2011]: |
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(1) the powers and duties transferred to the |
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comptroller under Section 2151.004(d) and under House Bill 3560, |
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Acts of the 80th Legislature, Regular Session, 2007, are |
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transferred to the Texas Facilities Commission; |
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(2) a reference in law to the comptroller relating to a |
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power or duty transferred under this subsection means the Texas |
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Facilities Commission; |
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(3) a rule or form adopted by the comptroller relating |
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to a power or duty transferred under this subsection is a rule or |
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form of the Texas Facilities Commission and remains in effect until |
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altered by the commission; |
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(4) all obligations, contracts, proceedings, cases, |
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negotiations, funds, and employees of the comptroller relating to a |
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power or duty transferred under this subsection are transferred to |
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the Texas Facilities Commission; |
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(5) all property and records in the custody of the |
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comptroller relating to a power or duty transferred under this |
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subsection and all funds appropriated by the legislature for |
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purposes related to a power or duty transferred under this |
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subsection are transferred to the Texas Facilities Commission; and |
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(6) Section 122.0011, Human Resources Code, and the |
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following provisions of the Government Code expire: |
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(A) Sections 2151.004(c) and (d); |
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(B) Section 2155.0011; |
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(C) Section 2155.086; |
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(D) Section 2155.087; |
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(E) Section 2156.0011; |
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(F) Section 2157.0011; |
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(G) Section 2158.0011; |
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(H) Section 2161.0011; |
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(I) Section 2163.0011; |
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(J) Section 2170.0011; |
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(K) Section 2171.0011; |
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(L) Section 2172.0011; |
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(M) Section 2176.0011; |
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(N) Section 2177.0011; and |
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(O) Section 2262.0011. |
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SECTION 2.03. 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 3. EFFECTIVE DATE |
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SECTION 3.01. 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, 2009. |