81R26564 YDB-F
 
  By: Nelson S.B. No. 2396
 
  Substitute the following for S.B. No. 2396:
 
  By:  Rose C.S.S.B. No. 2396
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to obsolete or redundant reporting requirements
  applicable to health and human services agencies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 531, Government Code, is
  amended by adding Section 531.0145 to read as follows:
         Sec. 531.0145.  OBSOLETE OR REDUNDANT REPORTING
  REQUIREMENTS. (a) Not later than December 1, 2009, the executive
  commissioner shall:
               (1)  examine the health and human services agency
  reporting requirements established by a state statute enacted
  before January 1, 2007, and not amended since that date, and
  identify each reporting requirement that the executive
  commissioner determines:
                     (A)  is not necessary to accomplish the objectives
  of the statute that contains the reporting requirement;
                     (B)  is redundant of other statutory reporting
  requirements; or
                     (C)  is required under statute to be provided at a
  frequency for which data is not available;
               (2)  provide to the governor, the lieutenant governor,
  the speaker of the house of representatives, the chairs of the
  Senate Health and Human Services Committee, House Human Services
  Committee, and House Public Health Committee, or those committees'
  successors, the state auditor's office, the Legislative Budget
  Board, the Texas State Library and Archives Commission, and the
  Sunset Advisory Commission an initial report that includes:
                     (A)  each statutory reporting requirement for
  which the executive commissioner made the determination described
  by Subdivision (1); and
                     (B)  the justification for the executive
  commissioner's determination for each reporting requirement;
               (3)  publish a copy of the initial report in the Texas
  Register; and
               (4)  post a copy of the initial report on the
  commission's Internet website.
         (b)  Not later than the 60th day after the date the executive
  commissioner issues the initial report under Subsection (a)(2), the
  executive commissioner shall hold a public hearing on the report.
         (c)  The executive commissioner may not include in the
  initial report issued under Subsection (a)(2) a reporting
  requirement that:
               (1)  is required by federal law; or
               (2)  applies to another state agency in addition to a
  health and human services agency.
         (d)  Not later than the 60th day after the date the executive
  commissioner issues the initial report under Subsection (a)(2), the
  governor, the lieutenant governor, the speaker of the house of
  representatives, the chairs of the Senate Health and Human Services
  Committee, House Human Services Committee, and House Public Health
  Committee, or those committees' successors, and any other person
  may submit to the executive commissioner any comments on the
  reporting requirements identified by the executive commissioner,
  including comments indicating the person believes a specific
  reporting requirement is necessary and should continue to be
  required under statute.
         (e)  Not later than May 1, 2010, and after considering the
  comments provided under Subsection (d), the executive commissioner
  shall:
               (1)  issue a final report listing the reporting
  requirements the executive commissioner determines:
                     (A)  are not necessary to accomplish the
  objectives of the statute that contains the reporting requirement;
                     (B)  are redundant of other statutory reporting
  requirements; or
                     (C)  are required under statute to be provided at
  a frequency for which data is not available and recommending the
  frequency at which the reporting requirement could be fulfilled;
               (2)  provide to the governor, the lieutenant governor,
  the speaker of the house of representatives, the chairs of the
  Senate Health and Human Services Committee, House Human Services
  Committee, and House Public Health Committee, or those committees'
  successors, the state auditor's office, the Legislative Budget
  Board, the Texas State Library and Archives Commission, and the
  Sunset Advisory Commission a list of each statutory reporting
  requirement for which the executive commissioner made the
  determination described by Subdivision (1) and, for each statutory
  reporting requirement, the justification for the executive
  commissioner's determination; and
               (3)  publish in the Texas Register and post on the
  commission's Internet website a list of each statutory reporting
  requirement for which the executive commissioner made the
  determination described by Subdivision (1).
         (f)  For each reporting requirement included in the final
  report under Subsection (e)(1), it is the intent of the 81st
  Legislature that the 82nd Legislature consider repealing the
  reporting requirement or amending a statute to decrease the
  frequency of the reporting requirement.
         (g)  This section expires September 1, 2012.
         SECTION 2.  This Act takes effect September 1, 2009.