By: Nelson S.B. No. 2396

(In the Senate - Filed March 13, 2009; March 31, 2009, read first time and referred to Committee on Health and Human Services; April 17, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; April 17, 2009, sent to printer.)

COMMITTEE SUBSTITUTE FOR S.B. No. 2396 By: Nelson

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:

(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, or 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 provided as 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 the frequency at which the reporting requirement is to 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 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), the 82nd Legislature shall consider repealing the reporting requirement or amending a statute to decrease the frequency of the reporting requirement.

(g) On or after the date the executive commissioner issues the final report under Subsection (e)(1) and until August 31, 2011, a health and human services agency:

(1) is not required to comply with a reporting requirement that is included in the list of reporting requirements for which the executive commissioner made the determination under Subsection (e)(1) that the report is no longer required, but shall continue to gather the data required for the reporting requirement; and

(2) shall, for any reporting requirement for which the frequency is modified by the executive commissioner under the determination under Subsection (e)(1)(C), comply with the frequency requirements established by the executive commissioner.

(h) After September 1, 2011, a health and human services agency shall comply with a reporting requirement as provided by statute.

(i) This section expires September 1, 2012.

SECTION 2. This Act takes effect September 1, 2009.

* * * * *