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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 81st |
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Legislature, Regular Session, 2009, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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House Bill No. 1959 (the governmental entities subject to the |
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sunset review process) to consider and take action on the |
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following matters: |
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(1) Senate Rule 12.03(4) is suspended to permit the |
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committee to add the following: |
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SECTION 1.09. TEXAS STATE AFFORDABLE HOUSING |
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CORPORATION. (a) Section 2306.5521, Government Code, is |
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amended to read as follows: |
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Sec. 2306.5521. SUNSET PROVISION. The Texas State |
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Affordable Housing Corporation is subject to Chapter 325 (Texas |
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Sunset Act). Unless continued in existence as provided by that |
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chapter, the corporation is abolished and this subchapter |
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expires September 1, 2011 [2009]. |
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(b) This section takes effect only if the 81st |
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Legislature, Regular Session, 2009, does not enact other |
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legislation that becomes law and that amends Section 2306.5521, |
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Government Code, to extend the sunset date of the Texas State |
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Affordable Housing Corporation. If the 81st Legislature, |
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Regular Session, 2009, enacts legislation of that kind, this |
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section has no effect. |
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SECTION 1.10. TEXAS RACING COMMISSION. (a) Subsection |
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(a), Section 18.01, Texas Racing Act (Article 179e, Vernon's |
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Texas Civil Statutes), is amended to read as follows: |
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(a) The Texas Racing Commission is subject to Chapter |
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325, Government Code (Texas Sunset Act). Unless continued in |
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existence as provided by that chapter, and except as provided by |
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Subsections (b) and (c) of this section, the commission is |
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abolished and this Act expires September 1, 2011 [2009]. |
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(b) This section takes effect only if the 81st |
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Legislature, Regular Session, 2009, does not enact other |
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legislation that becomes law and that amends Section 18.01, Texas |
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Racing Act (Article 179e, Vernon's Texas Civil Statutes), to |
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extend the sunset date of the Texas Racing Commission. If the |
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81st Legislature, Regular Session, 2009, enacts legislation of |
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that kind, this section has no effect. |
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SECTION 1.11. TEXAS DEPARTMENT OF INSURANCE. |
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(a) Section 31.004(a), Insurance Code, is amended to read as |
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follows: |
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(a) The Texas Department of Insurance is subject to |
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Chapter 325, Government Code (Texas Sunset Act). Unless |
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continued in existence as provided by that chapter, the |
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department is abolished September 1, 2011 [2009]. |
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(b) This section takes effect only if the 81st |
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Legislature, Regular Session, 2009, does not enact other |
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legislation that becomes law and that amends Section 31.004(a), |
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Insurance Code, to extend the sunset date of the Texas Department |
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of Insurance. If the 81st Legislature, Regular Session, 2009, |
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enacts legislation of that kind, this section has no effect. |
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SECTION 1.12. TEXAS YOUTH COMMISSION. (a) Section |
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61.020, Human Resources Code, is amended to read as follows: |
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Sec. 61.020. SUNSET PROVISION. (a) The Texas Youth |
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Commission is subject to Chapter 325, Government Code (Texas |
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Sunset Act). Unless continued in existence as provided by that |
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chapter, the commission is abolished and this chapter expires |
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September 1, 2011 [2009]. |
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(b) In the review of the Texas Youth Commission by the |
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Sunset Advisory Commission, as required by this section, the |
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sunset commission shall focus its review on: |
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(1) the commission's compliance with Chapter 263 |
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(S.B. 103), Acts of the 80th Legislature, Regular Session, 2007; |
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(2) requirements placed on the agency by |
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legislation enacted by the 81st Legislature, Regular Session, |
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2009, that becomes law, including implementation of programs for |
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the diversion of youth from the commission; and |
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(3) initiatives of the commission and the Texas |
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Juvenile Probation Commission in coordinating activities and |
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services to better integrate Texas Youth Commission, Texas |
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Juvenile Probation Commission, and county juvenile justice |
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functions, including joint strategic planning, the sharing of |
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youth data across youth-serving agencies, assessments and |
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classification of youth, and collection of data on probation |
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outcomes. |
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(c) In its report to the 82nd Legislature, the sunset |
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commission may include any recommendations it considers |
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appropriate. This subsection and Subsection (b) expire |
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September 1, 2011. |
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(b) This section takes effect only if the 81st |
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Legislature, Regular Session, 2009, does not enact other |
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legislation that becomes law and that amends Section 61.020, |
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Human Resources Code, to extend the sunset date of the Texas |
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Youth Commission. If the 81st Legislature, Regular Session, |
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2009, enacts legislation of that kind, this section has no |
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effect. |
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SECTION 1.13. TEXAS JUVENILE PROBATION COMMISSION. |
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(a) Section 141.012, Human Resources Code, is amended to read as |
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follows: |
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Sec. 141.012. SUNSET PROVISION. (a) The Texas Juvenile |
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Probation Commission is subject to Chapter 325, Government Code |
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(Texas Sunset Act). Unless continued in existence as provided by |
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that chapter, the commission is abolished and this chapter |
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expires September 1, 2011 [2009]. |
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(b) In the review of the Texas Juvenile Probation |
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Commission by the Sunset Advisory Commission, as required by this |
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section, the sunset commission shall focus its review on the |
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following: |
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(1) the commission's compliance with Chapter 263 |
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(S.B. 103), Acts of the 80th Legislature, Regular Session, 2007; |
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(2) requirements placed on the agency by |
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legislation enacted by the 81st Legislature, Regular Session, |
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2009, that becomes law, including implementation of programs for |
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the diversion of youth from the Texas Youth Commission; and |
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(3) initiatives of the commission and the Texas |
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Youth Commission in coordinating activities and services to |
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better integrate Texas Juvenile Probation Commission, Texas |
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Youth Commission, and county juvenile justice functions, |
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including joint strategic planning, the sharing of youth data |
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across youth-serving agencies, assessment and classification of |
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youth, and collection of data on probation outcomes. |
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(c) In its report to the 82nd Legislature, the sunset |
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commission may include any recommendations it considers |
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appropriate. This subsection and Subsection (b) expire |
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September 1, 2011. |
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(b) This section takes effect only if the 81st |
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Legislature, Regular Session, 2009, does not enact other |
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legislation that becomes law and that amends Section 141.012, |
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Human Resources Code, to extend the sunset date of the Texas |
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Juvenile Probation Commission. If the 81st Legislature, Regular |
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Session, 2009, enacts legislation of that kind, this section has |
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no effect. |
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SECTION 1.14. OFFICE OF INDEPENDENT OMBUDSMAN FOR THE |
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TEXAS YOUTH COMMISSION. (a) Section 64.054, Human Resources |
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Code, is amended to read as follows: |
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Sec. 64.054. SUNSET PROVISION. (a) The office is |
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subject to review under Chapter 325, Government Code (Texas |
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Sunset Act), but is not abolished under that chapter. The office |
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shall be reviewed during the periods in which the Texas Youth |
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Commission is [state agencies abolished in 2009 and every 12th
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year after 2009 are] reviewed. |
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(b) Notwithstanding Subsection (a), the Sunset Advisory |
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Commission shall focus its review of the office on compliance |
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with requirements placed on the office by legislation enacted by |
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the 81st Legislature, Regular Session, 2009, that becomes law. |
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This subsection expires September 1, 2011. |
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(b) This section takes effect only if the 81st |
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Legislature, Regular Session, 2009, does not enact other |
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legislation that becomes law and that amends Section 64.054, |
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Human Resources Code, to extend the sunset date of the Office of |
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Independent Ombudsman for the Texas Youth Commission. If the |
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81st Legislature, Regular Session, 2009, enacts legislation of |
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that kind, this section has no effect. |
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SECTION 1.15. OFFICE OF PUBLIC INSURANCE COUNSEL. |
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Section 501.003, Insurance Code, is amended to read as follows: |
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Sec. 501.003. SUNSET PROVISION. The office is subject to |
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Chapter 325, Government Code (Texas Sunset Act). Unless |
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continued in existence as provided by that chapter, the office is |
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abolished September 1, 2011 [2009]. |
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SECTION 1.16. TEXAS DEPARTMENT OF PUBLIC SAFETY. |
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(a) Section 411.002, Government Code, is amended by amending |
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Subsection (c) to read as follows: |
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(c) The Department of Public Safety of the State of Texas |
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is subject to Chapter 325 (Texas Sunset Act). Unless continued |
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in existence as provided by that chapter, the department is |
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abolished and Subsections (a) and (b) expire September 1, 2011 |
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[2009]. |
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(b) This section takes effect only if the 81st |
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Legislature, Regular Session, 2009, does not enact other |
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legislation that becomes law and that amends Section 411.002, |
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Government Code, to extend the sunset date of the Texas |
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Department of Public Safety. If the 81st Legislature, Regular |
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Session, 2009, enacts legislation of that kind, this section has |
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no effect. |
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Explanation: The changes are necessary to change the |
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sunset review date for various state agencies. |
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(2) Senate Rules 12.03(1) and (2) are suspended to permit |
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the committee, in SECTION 1.17 of the bill, to change text that is |
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not in disagreement and to omit text that is not in disagreement |
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by amending Section 7.004, Education Code, to read as follows: |
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SECTION 1.17. 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, 2011 [2012]. [In the review
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of the agency by the Sunset Advisory Commission, as required by
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this section, the sunset commission shall limit its review to the
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appropriateness of recommendations made by the sunset commission
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to the 79th Legislature. In the Sunset Advisory Commission's
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report to the 80th Legislature, the sunset commission may include
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any recommendations it considers appropriate.] |
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Explanation: The change is necessary to provide for the |
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sunset review of the Texas Education Agency in preparation for |
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the 82nd Legislature. |
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(3) Senate Rule 12.03(4) is suspended to permit the |
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committee to add the following: |
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SECTION 2.12. OFFICE OF FIREFIGHTERS' PENSION |
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COMMISSIONER. Article 6243e, Vernon's Texas Civil Statutes, |
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Section 21(h), is amended to read as follows: |
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(h) The office of fire fighters' pension commissioner is |
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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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office is abolished September 1, 2013 [2011]. |
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SECTION 2.13. TEXAS LOTTERY COMMISSION. Section |
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467.002, Government Code, is amended to read as follows: |
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Sec. 467.002. APPLICATION OF SUNSET ACT. The commission |
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is subject to Chapter 325 (Texas Sunset Act). Unless continued |
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in existence as provided by that chapter, the commission is |
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abolished and this chapter, Chapter 466 of this code, and Chapter |
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2001, Occupations Code, expire September 1, 2013 [2011]. |
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SECTION 2.14. TEXAS DEPARTMENT OF TRANSPORTATION. |
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(a) Section 201.204, Transportation Code, is amended to read as |
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follows: |
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Sec. 201.204. SUNSET PROVISION. The Texas Department of |
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Transportation is subject to Chapter 325, Government Code (Texas |
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Sunset Act). Unless continued in existence as provided by that |
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chapter, the department is abolished September 1, 2013 [2009]. |
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(b) This section takes effect only if the 81st |
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Legislature, Regular Session, 2009, does not enact other |
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legislation that becomes law and that amends Section 201.204, |
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Transportation Code, to extend the sunset date of the Texas |
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Department of Transportation. If the 81st Legislature, Regular |
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Session, 2009, enacts legislation of that kind, this section has |
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no effect. |
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SECTION 2.15. TEXAS DEPARTMENT OF INSURANCE, DIVISION OF |
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WORKERS' COMPENSATION. Section 31.004(b), Insurance Code, is |
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amended to read as follows: |
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(b) Unless continued as provided by Chapter 325, |
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Government Code, the duties of the division of workers' |
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compensation of the Texas Department of Insurance under Title 5, |
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Labor Code, expire September 1, 2013 [2011], or another date |
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designated by the legislature. |
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SECTION 2.16. OFFICE OF INJURED EMPLOYEE COUNSEL. |
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Section 404.003, Labor Code, is amended to read as follows: |
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Sec. 404.003. SUNSET PROVISION. The office of injured |
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employee counsel is subject to Chapter 325, Government Code |
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(Texas Sunset Act). Unless continued in existence as provided by |
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that chapter, the office is abolished and this chapter expires |
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September 1, 2013 [2011]. |
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Explanation: The changes are necessary to change the |
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sunset review date for various state agencies. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 31, 2009. |
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_______________________________ |
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Secretary of the Senate |