BILL ANALYSIS

H.B. 3278

By: Shelton

Public Education

Committee Report (Unamended)

BACKGROUND AND PURPOSE

According to interested parties, the recent mandatory cuts to state agency budgets resulted in a considerable reduction to the staff of the Texas Education Agency. These interested parties contend that by freeing the agency of certain responsibilities that have little effect on education, the agency will be able to focus its expertise and better serve schools in Texas. H.B. 3278 seeks to make changes relating to the membership of the commissioner of education and the Texas Education Agency in certain advisory committees, commissions, task forces, and other similar entities.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3278 amends the Government Code, the Health and Safety Code, and the Human Resources Code to remove the Texas Education Agency (TEA), the agency head, the agency head's designee, or an agency representative, as applicable, from membership or participation in the following entities:

· the interagency work group on border issues;

· the Interagency Coordinating Council for HIV and Hepatitis;

· the Texas Traumatic Brain Injury Advisory Council;

· the Council on Cardiovascular Disease and Stroke;

· the Texas Diabetes Council;

· the Advisory Committee to the Texas Board of Criminal Justice on Offenders with Medical or Mental Impairments; and

· the interagency work group created to implement the action plan adopted at the 1994 Supported Employment Summit.

H.B. 3278 amends the Education Code to establish that the TEA is not required to participate in the Advisory Committee on Reducing Drug Demand but that this provision does not prohibit the TEA from participating in the advisory committee.

H.B. 3278 amends the Government Code to remove the TEA from the state agencies the chief administrative officers of which are required to designate one agency employee to serve as a liaison for faith- and community-based organizations and to remove the commissioner of education as an ex officio member of the Texas Holocaust and Genocide Commission. 

H.B. 3278 amends the Health and Safety Code to specify that the health and human services agency members of the Texas Traumatic Brain Injury Advisory Council are to be from each health and human services agency identified as appropriate for representation by the executive commissioner of the Health and Human Services Commission (HHSC), rather than from certain specified health and human services agencies.

H.B. 3278 amends the Human Resources Code to establish that the interagency work group created to implement the action plan adopted at the 1994 Supported Employment Summit is composed of a representative of each health and human services agency designed by the HHSC executive commissioner, rather than a representative of certain specified health and human services agencies.

H.B. 3278 amends the Occupations Code to remove the commissioner of education or the commissioner's designee as an appointed member of the Auctioneer Education Advisory Board.

H.B. 3278 makes conforming changes and nonsubstantive changes, including changes to account for the transfer of certain powers and duties of the Texas Department of Human Services, the Texas Commission for the Blind, and the Texas Rehabilitation Commission to HHSC and the Department of Assistive and Rehabilitative Services in accordance with Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2011.