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.