BILL ANALYSIS

 

 

Senate Research Center

C.S.H.B. 1781

82R23998 YDB-D

By: Price et al. (Nelson)

 

Government Organization

 

5/16/2011

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Current law requires a wide variety of governmental entities to submit various reports.  The number of required reports grows each year and some reports are duplicative.  Other reports are obsolete and no longer useful because related programs or funds have been abolished or because programs and services have changed.

 

C.S.H.B. 1781 seeks to identify obsolete or redundant reporting requirements applicable to state agencies.

 

Specifically, C.S.H.B. 1781 requires:

 

·         the executive director of each state agency, not later than August 1, 2012, to examine the agency's reporting requirements (established by a state statute enacted before January 1, 2009, and not amended since that date) and identify each reporting requirement that the executive director determines is not necessary to accomplish the objectives of the statute containing the reporting requirement, is redundant of other statutory reporting requirements, or is required under statute to be provided at a frequency for which data is not available; and

 

·         the executive director, not later than August 1, 2012, to provide to the governor, lieutenant governor, speaker of the house of representatives, chair of the House Committee on Government Efficiency and Reform, chair of the Senate Committee on Government Organization, chair of each standing committee of the senate and house of representatives with jurisdiction over the agency, Texas State Library and Archives Commission, and Legislative Budget Board an electronic report that includes each statutory reporting requirement for which the executive director made a determination and the justification for the determination for each reporting requirement.

 

C.S.H.B. 1781 amends current law relating to obsolete or redundant reporting requirements applicable to state agencies.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Chapter 2052, Government Code, by adding Subchapter E, as follows:

 

SUBCHAPTER E.  OBSOLETE OR REDUNDANT REPORTING REQUIREMENTS

 

Sec. 2052.401.  DEFINITIONS.  Defines, in this subchapter,  "executive director" and "state agency."

 

Sec. 2052.402.  EXAMINATION OF REPORTING REQUIREMENTS.  (a)  Requires the executive director of each state agency, not later than August 1, 2012, to:

 

(1)  examine the agency's reporting requirements established by a state statute enacted before January 1, 2009, and not amended since that date, and identify each reporting requirement that the executive director 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; and

 

(2)  provide to the governor, lieutenant governor, speaker of the house of representatives, chair of the House Committee on Government Efficiency and Reform, chair of the Senate Committee on Government Organization, chair of each standing committee of the senate and house of representatives with jurisdiction over the agency, Texas State Library and Archives Commission, and Legislative Budget Board an electronic report that includes:

 

(A)  each statutory reporting requirement for which the executive director made a determination described by Subdivision (1); and

 

(B)  the justification for the executive director's determination for each reporting requirement.

 

(b)  Prohibits the executive director from including in the initial report issued under Subsection (a)(2) a reporting requirement that is required by federal law.

 

Sec. 2052.403.  EXPIRATION.  Provides that this subchapter expires September 1, 2014.

 

SECTION 2.  Amends Section 325.011, Government Code, to require the Sunset Advisory Commission and its staff to consider certain criteria in determining whether a public need exists for the continuation of a state agency or its advisory committees or for the performance of the functions of the agency or its advisory committees, including the extent to which the purpose and effectiveness of reporting requirements on the agency justifies the continuation of the requirement, and to make nonsubstantive changes.

 

SECTION 3.  Amends Section 325.012(a), Government Code, to require the commission, in its report on a state agency, to make certain recommendations, including recommendations on the continuation or abolition of each reporting requirement imposed on the agency by law, and to make nonsubstantive changes.

 

SECTION 4.  Effective date: September 1, 2011.