81R39062 JRD-D
 
  By: Pitts H.C.R. No. 291
 
 
 
CONCURRENT RESOLUTION
         WHEREAS, House Bill No. 4583 has been adopted by the house of
  representatives and the senate and is being prepared for
  enrollment; and
         WHEREAS, The bill contains technical errors that should be
  corrected; now, therefore, be it
         RESOLVED by the 81st Legislature of the State of Texas,
  Regular Session, That the enrolling clerk of the house of
  representatives be instructed to make the following correction:
         Add the following appropriately numbered SECTION as the
  next-to-last SECTION of the bill and renumber the last SECTION of
  the bill accordingly:
         SECTION ____.  STATE AGENCIES ELIGIBLE FOR FEDERAL STIMULUS
  FUNDING: ABOLITION UNDER SUNSET REVIEW PROCESS POSTPONED. (a)
  Notwithstanding any other law, a state agency that by law is
  scheduled for abolition on September 1, 2009, in connection with
  the process by which state agencies are periodically reviewed in
  accordance with Chapter 325, Government Code, is not abolished on
  September 1, 2009, and is not subject to the procedure after
  termination prescribed by Section 325.017, Government Code, if the
  agency is eligible to administer federal stimulus funds received by
  this state under the federal American Recovery and Reinvestment Act
  of 2009 (Pub. L. No. 111-5) or to monitor a program funded in whole
  or part by federal stimulus funds. To provide for the orderly
  expenditure of federal stimulus funds, the agencies are continued
  in existence until September 1, 2011, or a later date as
  subsequently determined by the 81st or 82nd Legislature. For
  purposes of this section, the agencies that are eligible to
  administer federal stimulus funds received by this state under the
  federal American Recovery and Reinvestment Act of 2009 or to
  monitor a program funded in whole or in part by federal stimulus
  funds and that are continued in existence under this section to
  provide for the orderly expenditure of federal stimulus funds are:
               (1)  the Texas Department of Transportation;
               (2)  the Texas Department of Insurance;
               (3)  the Texas State Affordable Housing Corporation;
               (4)  the Texas Racing Commission; and
               (5)  the Office of Public Insurance Counsel.
         (b)  Section 201.204, Transportation Code, is amended to
  read as follows:
         Sec. 201.204.  SUNSET PROVISION.  The Texas Department of
  Transportation 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 [2009].
         (c)  Section 31.004(a), Insurance Code, is amended to read as
  follows:
         (a)  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, 2011 [2009].
         (d)  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].
         (e)  Section 18.01(a), Texas Racing Act (Article 179e,
  Vernon's Texas Civil Statutes), is amended to read as follows:
         (a)  The Texas Racing Commission is subject to Chapter 325,
  Government Code (Texas Sunset Act). Unless continued in existence
  as provided by that chapter, and except as provided by Subsections
  (b) and (c) of this section, the commission is abolished and this
  Act expires September 1, 2011 [2009].
         (f)  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, 2011 [2009].
         (g)  The governor with the prior approval of the Legislative
  Budget Board may direct that an agency receiving funds appropriated
  by Article XII, Senate Bill 1, Acts of the 81st Legislature, Regular
  Session, 2009 (the American Recovery and Reinvestment Act article
  of the General Appropriations Act), shall transfer those funds in
  an amount prescribed by the governor and allowed under federal law
  to an agency listed under Subsection (a) of this section to
  implement an initiative related to public safety, public integrity,
  consumer protection, or fiscal soundness that the agency may
  implement and for which under federal law the federal stimulus
  funds may be used.