BILL ANALYSIS

 

 

Senate Research Center

S.B. 652

 

By: Hegar

 

Government Organization

 

8/25/2011

 

Enrolled

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

State agencies undergo periodic review by the Sunset Advisory Commission (Sunset). 

 

The legislature frequently changes the review schedule for certain agencies to balance the workload of Sunset, to better align the reviews of agencies by grouping them based on subject matter, and in some cases, to serve as a safety net in the event an agency sunset bill is in danger of not passing.  S.B. 652 serves that purpose.

 

S.B. 652 amends current law relating to governmental and certain quasi-governmental entities subject to the sunset review process.

 

RULEMAKING AUTHORITY

 

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

 

SECTION BY SECTION ANALYSIS

 

ARTICLE 1.  ENTITIES GIVEN 2013 SUNSET DATE

 

SECTION 1.01.  WINDHAM SCHOOL DISTRICT WITHIN TEXAS DEPARTMENT OF CRIMINAL JUSTICE.  Amends Chapter 19, Education Code, by adding Section 19.0021, as follows:

 

Sec. 19.0021.  LIMITED PURPOSE REVIEW.  (a) Requires the Sunset Advisory Commission (Sunset), as part of its review of the Texas Department of Criminal Justice for the 83rd Legislature, to conduct a limited purpose review of the structure, management, and operations of the Windham School District.

 

(b) Requires Sunset to include in Sunset's report to the 83rd Legislature any recommendations relating to the Windham School District that Sunset considers appropriate.

 

(c) Provides that this section expires September 1, 2013.

 

SECTION 1.02.  TEXAS HIGHER EDUCATION COORDINATING BOARD.  Amends Section 61.0211, Education Code, to provide that, unless continued in existence as provided by Chapter 325 (Sunset Law), Government Code, the Texas Higher Education Coordinating Board is abolished and this chapter expires September 1, 2013, rather than September 1, 2015.

 

SECTION 1.03.  TEXAS ETHICS COMMISSION.  Amends Section 571.022, Government Code, to require that the Texas Ethics Commission be reviewed during the periods in which state agencies abolished in 2013, rather than in 2015, and every 12th year after that year are reviewed.

 

SECTION 1.04.  TEXAS WINDSTORM INSURANCE ASSOCIATION.  Amends Section 2210.002(b), Insurance Code, as follows:

 

(b)  Requires that the Texas Windstorm Insurance Association be reviewed during the period in which state agencies abolished in 2013, rather than in 2015, are reviewed.  Provides that this subsection expires September 1, 2013, rather than September 1, 2015.

 

SECTION 1.05.  TEXAS BOARD OF PROFESSIONAL ENGINEERS.  Amends Section 1001.005, Occupations Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Texas Board of Professional Engineers is abolished and this chapter expires September 1, 2013, rather than September 1, 2015.

 

SECTION 1.06.  TEXAS BOARD OF ARCHITECTURAL EXAMINERS.  Amends Section 1051.003, Occupations Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Texas Board of Architectural Examiners is abolished and this subtitle expires September 1, 2013, rather than September 1, 2015.

 

SECTION 1.07.  RAILROAD COMMISSION OF TEXAS.  (a)  Amends Section 81.01001, Natural Resources Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Railroad Commission of Texas (railroad commission) is abolished September 1, 2013, rather than September 1, 2011.

 

(b)  Provides that this section takes effect only if the 82nd Legislature, Regular Session, 2011, does not enact other legislation that becomes law and that amends Section 81.01001 (Sunset Provision), Natural Resources Code, to extend the sunset date of the railroad commission.  Provides that if the 82nd Legislature, Regular Session, 2011, enacts legislation of that kind, this section has no effect.

 

(c)  Provides that the review of the railroad commission by Sunset in preparation for the work of the 83rd Legislature in Regular Session is not limited to the appropriateness of recommendations made by Sunset to the 82nd Legislature.  Authorizes Sunset to include any recommendations it considers appropriate in its report to the 83rd Legislature.

 

SECTION 1.08.  PUBLIC UTILITY COMMISSION OF TEXAS.  (a)  Amends Section 12.005, Utilities Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, or by Chapter 39 (Restructuring of Electric Utility Industry), the Public Utility Commission (PUC) is abolished and this title expires September 1, 2013, rather than September 1, 2011.

 

(b)  Provides that this section takes effect only if the 82nd Legislature, Regular Session, 2011, does not enact other legislation that becomes law and that amends Section 12.005 (Application of Sunset Act), Utilities Code, to extend the sunset date of PUC.  Provides that, if the 82nd Legislature, Regular Session, 2011, enacts legislation of that kind, this section has no effect.

 

SECTION 1.09.  ELECTRIC RELIABILITY COUNCIL OF TEXAS.  (a)  Amends Section 39.151, Utilities Code, by adding Subsections (n) and (n-1), as follows:

 

(n)  Provides that an independent organization certified by PUC under this section is subject to review under Chapter 325, Government Code, but is not abolished under that chapter.  Requires the independent organization to be reviewed during the periods in which PUC is reviewed.

 

(n-1)  Provides that, notwithstanding Subsection (n), an independent organization certified by PUC under this section is not subject to review in preparation for the work of the 83rd Legislature in Regular Session.  Provides that this subsection expires September 1, 2013.

 

(b)  Provides that this section takes effect only if the 82nd Legislature, Regular Session, 2011, does not enact other legislation that becomes law and that amends Section 39.151 (Essential Organizations), Utilities Code, to subject an independent organization certified by PUC under that section to sunset review during the periods in which PUC is reviewed.  Provides that, if the 82nd Legislature, Regular Session, 2011, enacts legislation of that kind, this section has no effect.

 

SECTION 1.10.  PORT OF HOUSTON AUTHORITY.  Amends Chapter 97, Acts of the 40th Legislature, 1st Called Session, 1927, by adding Section 9, as follows:

 

Sec. 9.  SUNSET REVIEW.  (a)  Provides that the Port of Houston Authority of Harris County (port authority), Texas, is subject to review under Chapter 325, Government Code, as if it were a state agency but is prohibited from being abolished under that chapter.  Requires that the review be conducted as if the port authority were scheduled to be abolished September 1, 2013.

 

(b)  Requires that the reviews assess the port authority's governance, management, and operating structure, and the port authority's compliance with legislative requirements.

 

(c)  Requires the port authority to pay the cost incurred by Sunset in performing a review of the port authority under this section.  Requires Sunset to determine the cost, and requires the port authority to pay the amount promptly on receipt of a statement from Sunset detailing the cost.

 

(d)  Provides that this section expires September 1, 2013.

 

ARTICLE 2.  ENTITIES GIVEN 2015 SUNSET DATE

 

SECTION 2.01.  REGIONAL EDUCATION SERVICE CENTERS.  Amends Subchapter A, Chapter 8, Education Code, by adding Section 8.010, as follows:

 

Sec. 8.010.  SUNSET PROVISION.  Provides that regional education service centers are subject to Chapter 325, Government Code.  Provides that, unless continued in existence as provided by that chapter, the centers are abolished and this chapter expires September 1, 2015.

 

SECTION 2.02.  FINANCE COMMISSION OF TEXAS.  Amends Section 11.108, Finance Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Finance Commission of Texas is abolished September 1, 2015, rather than September 1, 2013.

 

SECTION 2.03.  OFFICE OF BANKING COMMISSIONER.  Amends Section 12.109, Finance Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Office of Banking Commissioner is abolished September 1, 2015, rather than September 1, 2013.

 

SECTION 2.04.  OFFICE OF SAVINGS AND MORTGAGE LENDING COMMISSIONER AND THE DEPARTMENT OF SAVINGS AND MORTGAGE LENDING.  Amends Section 13.012, Finance Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Office of Savings and Mortgage Lending Commissioner and the Department of Savings and Mortgage Lending are abolished September 1, 2015, rather than September 1, 2013.

 

SECTION 2.05.  OFFICE OF CONSUMER CREDIT COMMISSIONER.  Amends Section 14.066, Finance Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Office of Consumer Credit Commissioner is abolished September 1, 2015, rather than September 1, 2013.

 

SECTION 2.06.  HEALTH AND HUMAN SERVICES COMMISSION.  Amends Section 531.004, Government Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Health and Human Services Commission is abolished and this chapter expires September 1, 2015, rather than September 1, 2013.

 

SECTION 2.07.  TAX DIVISION OF THE STATE OFFICE OF ADMINISTRATIVE HEARINGS.  Amends Section 2003.102(b), Government Code, to require Sunset to evaluate the Tax Division of the State Office of Administrative Hearings (tax division) and present to the 84th Legislature, rather than to the 83rd Legislature, a report on that evaluation and Sunset's recommendations in relation to the tax division.

 

SECTION 2.08.  CONFORMING AMENDMENT RELATING TO FORMER TEXAS BOARD OF HEALTH AND TEXAS DEPARTMENT OF HEALTH.  Amends Section 11.003, Health and Safety Code, as follows:

 

Sec. 11.003.  SUNSET PROVISION.  Provides that the Texas Board of Health (TBH) and the Texas Department of Health (TDH) were abolished by Section 1.26, Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, and the powers and duties of those entities under this chapter were transferred to other agencies, which are subject to Chapter 325, Government Code.  Provides that, unless the agencies to which those powers and duties are transferred are continued in existence as provided by that chapter, this chapter expires September 1, 2015.  Deletes existing text providing that, unless continued in existence as provided by that chapter, TBH and TDH are abolished and this chapter expires September 1, 2011.

 

SECTION 2.09.  TEXAS HEALTH SERVICES AUTHORITY.  Amends Section 182.052, Health and Safety Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Texas Health Services Authority is abolished and this chapter expires September 1, 2015, rather than September 1, 2013.

 

SECTION 2.10.  CONFORMING AMENDMENT RELATING TO FORMER TEXAS DEPARTMENT OF MENTAL HEALTH AND MENTAL RETARDATION.  Amends Section 532.002, Health and Safety Code, as follows:

 

Sec. 532.002.  SUNSET PROVISION.  Provides that the Texas Department of Mental Health and Mental Retardation (TXDMHMR) was abolished by Section 1.26, Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, and the powers and duties of that agency under this chapter were transferred to other agencies, which are subject to Chapter 325, Government Code.  Provides that unless the agencies to which those powers and duties are transferred are continued in existence as provided by that Act, this chapter expires September 1, 2015.  Deletes existing text providing that unless continued in existence as provided by that Act, TXDMHMR is abolished and this chapter expires September 1, 2011.  Makes a nonsubstantive change.

 

SECTION 2.11.  DEPARTMENT OF STATE HEALTH SERVICES.  Amends Section 1001.003, Health and Safety Code, to provide that, unless continued in existence as provided by that chapter, the Department of State Health Services is abolished and this chapter expires September 1, 2015, rather than September 1, 2013.

 

SECTION 2.12.  CONFORMING AMENDMENT RELATING TO FORMER TEXAS DEPARTMENT OF HUMAN SERVICES.  Amends Section 21.002, Human Resources Code, as follows:

 

Sec. 21.002.  SUNSET PROVISION.  Provides that the Texas Department of Human Services was abolished by Section 1.26, Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, and the powers and duties of that agency under this chapter were transferred to other agencies, which are subject to Chapter 325, Government Code.  Provides that unless the agencies to which those powers and duties are transferred are continued in existence as provided by that chapter, this title expires September 1, 2015, except that Chapter 40 (Department of Family and Protective Services) expires as provided by Section 40.003 (Sunset Provision).  Deletes existing text providing that unless continued in existence as provided by that chapter, the Department of Family and Protective Services (DFPS) is abolished and this title expires September 1, 2011, except that Chapter 40 expires as provided by Section 40.003.  Makes a nonsubstantive change.

 

SECTION 2.13.  DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES.  Amends Section 40.003, Human Resources Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Department of Family and Protective Services is abolished and this chapter expires September 1, 2015, rather than September 1, 2013.

 

SECTION 2.14.  CONFORMING AMENDMENT RELATING TO FORMER TEXAS COMMISSION FOR THE DEAF AND HARD OF HEARING.  Amends Section 81.004, Human Resources Code, as follows:

 

Sec. 81.004.  SUNSET PROVISION.  Provides that the Texas Commission for the Deaf and Hard of Hearing (TCDHH) was abolished by Section 1.26, Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, and the powers and duties of that agency under this chapter were transferred to other agencies, which are subject to Chapter 325, Government Code.  Provides that, unless the agencies to which those powers and duties are transferred are continued in existence as provided by that chapter, this chapter expires September 1, 2015.  Deletes existing text providing that, unless TCDHH is continued in existence as provided by that chapter, TCDHH is abolished and this chapter expires September 1, 2011.  Makes a nonsubstantive change.

 

 SECTION 2.15.  CONFORMING AMENDMENT RELATING TO FORMER TEXAS COMMISSION FOR THE BLIND.  Amends Section 91.001, Human Resources Code, as follows:

 

Sec. 91.001.  SUNSET PROVISION.  Provides that the Texas Commission for the Blind (TCB) was abolished by Section 1.26, Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, and the powers and duties of that agency under this chapter were transferred to other agencies, which are subject to Chapter 325, Government Code.  Provides that unless the agencies to which those powers and duties are transferred are continued in existence as provided by that chapter, this chapter expires effective September 1, 2015.  Deletes existing text providing that unless continued in existence as provided by that chapter, TCB is abolished and this chapter expires effective September 1, 2011.  Makes a nonsubstantive change.

 

SECTION 2.16.  CONFORMING AMENDMENT RELATING TO FORMER TEXAS REHABILITATION COMMISSION.  Amends Section 111.012, Human Resources Code, as follows:

 

Sec. 111.012.  SUNSET PROVISION.  Provides that the Texas Rehabilitation Commission (TRC) was abolished by Section 1.26, Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, and the powers and duties of that agency under this chapter were transferred to other agencies, which are subject to Chapter 325, Government Code.  Provides that, unless the agencies to which those powers and duties are transferred are continued in existence as provided by that chapter, this chapter expires September 1, 2015.  Deletes existing text providing that unless continued in existence as provided by that chapter, TRC is abolished and this chapter expires September 1, 2011.  Makes a nonsubstantive change.

 

SECTION 2.17.  TEXAS COUNCIL FOR DEVELOPMENTAL DISABILITIES.  Amends Section 112.023, Human Resources Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Texas Council for Developmental Disabilities is abolished and this chapter expires September 1, 2015, rather than September 1, 2013.

 

SECTION 2.18.  GOVERNOR'S COMMITTEE ON PEOPLE WITH DISABILITIES.  Amends Section 115.005, Human Resources Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Governor's Committee on People with Disabilities is abolished and this chapter expires September 1, 2015, rather than September 1, 2013.

 

SECTION 2.19.  DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES.  Amends Section 117.003, Human Resources Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Department of Assistive and Rehabilitative Services is abolished and this chapter expires September 1, 2015, rather than September 1, 2013.

 

SECTION 2.20.  TEXAS COUNCIL ON PURCHASING FROM PEOPLE WITH DISABILITIES.  Amends Section 122.006, Human Resources Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Texas Council on Purchasing from People with Disabilities is abolished and this chapter expires September 1, 2015, rather than September 1, 2013.

 

SECTION 2.21.  DEPARTMENT OF AGING AND DISABILITY SERVICES.  Amends Section 161.003, Human Resources Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Department of Aging and Disability Services is abolished and this chapter expires September 1, 2015, rather than September 1, 2013.

 

SECTION 2.22.  TEXAS WORKFORCE COMMISSION.  Amends Section 301.008, Labor Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Texas Workforce Commission is abolished September 1, 2015, rather than September 1, 2013.

 

SECTION 2.23.  STATE SECURITIES BOARD.  Amends Subsection O, Section 2, The Securities Act (Article 581-2, Vernon's Texas Civil Statutes), to provide that, unless continued in existence as provided by Chapter 325, Government Code, the State Securities Board is abolished and this Act expires September 1, 2015, rather than September 1, 2013.

 

ARTICLE 3.  ENTITIES GIVEN 2017 SUNSET DATE

 

SECTION 3.01.  COURT REPORTERS CERTIFICATION BOARD.  Amends Section 52.014, Government Code, to provide that, unless continued in existence as provided by Chapter 325, the Court Reporters Certification Board is abolished September 1, 2017, rather than September 1, 2015.

 

SECTION 3.02.  LICENSED COURT INTERPRETER ADVISORY BOARD.  Amends Section 57.051, Government Code, to provide that unless continued in existence as provided by Chapter 325, Government Code, the licensed court interpreter advisory board is abolished and this subchapter expires September 1, 2017, rather than September 1, 2013.

 

SECTION 3.03.  PROCESS SERVER REVIEW BOARD.  Amends Chapter 72, Government Code, by adding Subchapter F, as follows:

 

SUBCHAPTER F.  PROCESS SERVER REVIEW BOARD

 

Sec. 72.091.  SUNSET REVIEW.  Provides that the process server review board established by supreme court order is subject to review under Chapter 325, as if it were a state agency but is prohibited from being abolished under that chapter.  Requires that the review be conducted as if the process server review board were scheduled to be abolished September 1, 2017.

 

SECTION 3.04.  STATE BAR OF TEXAS.  Amends Section 81.003, Government Code, to provide that, unless continued in existence as provided by Chapter 325, this chapter expires September 1, 2017, rather than September 1, 2015.

 

SECTION 3.05.  BOARD OF LAW EXAMINERS.  Amends Section 82.006, Government Code, to provide that, unless continued in existence as provided by Chapter 325, the Board of Law Examiners is abolished September 1, 2017, rather than September 1, 2015.

 

SECTION 3.06.  STATE BOARD OF DENTAL EXAMINERS.  Amends Section 251.005, Occupations Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the State Board of Dental Examiners is abolished September 1, 2017, rather than September 1, 2015.

 

SECTION 3.07.  EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS.  Amends Section 452.002, Occupations Code, as follows:

 

Sec. 452.002.  APPLICATION OF SUNSET ACT.  Provides that, unless continued in existence as provided by Chapter 325, Government Code, the Executive Council of Physical Therapy and Occupational Therapy Examiners is abolished and the following laws expire September 1, 2017, rather than September 1, 2013:

 

(1)  this chapter;

 

(2)  Chapter 453 (Physical Therapists); and

 

(3)  Chapter 454 (Occupational Therapists).

 

SECTION 3.08.  TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS.  Amends Section 453.002, Occupations Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Texas Board of Physical Therapy Examiners is abolished and this chapter expires September 1, 2017, rather than September 1, 2013.

 

SECTION 3.09.  TEXAS BOARD OF OCCUPATIONAL THERAPY EXAMINERS.  Amends Section 454.003, Occupations Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Texas Board of Occupational Therapy Examiners is abolished and this chapter expires September 1, 2017, rather than September 1, 2013.

 

SECTION 3.10.  TEXAS BOARD OF ORTHOTICS AND PROSTHETICS.  Amends Section 605.003, Occupations Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Texas Board of Orthotics and Prosthetics is abolished and this chapter expires September 1, 2017, rather than September 1, 2013.

 

ARTICLE 4.  ENTITIES GIVEN 2019 SUNSET DATE

 

SECTION 4.01.  DEPARTMENT OF PUBLIC SAFETY OF THE STATE OF TEXAS.  Amends Section 411.002(c), Government Code, to provide that, unless continued in existence as provided by Chapter 325, the Department of Public Safety of the State of Texas (DPS) is abolished and Subsections (a) (relating to the duties and composition of DPS) and (b) (relating to requiring DPS to have its principal office and headquarters in Austin) expire September 1, 2019, rather than September 1, 2015.

 

SECTION 4.02.  ADJUTANT GENERAL'S DEPARTMENT.  Amends Section 431.023, Government Code, to provide that, unless continued in existence as provided by Chapter 325, the adjutant general's department is abolished and this subchapter expires September 1, 2019, rather than September 1, 2015.

 

SECTION 4.03.  TEXAS VETERANS COMMISSION.  Amends Section 434.002(a), Government Code, to provide that, unless continued in existence as provided by Chapter 325, the Texas Veterans Commission is abolished September 1, 2019, rather than September 1, 2013.

 

SECTION 4.04.  SCHOOL LAND BOARD.  Amends Section 32.003, Natural Resources Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the School Land Board is abolished September 1, 2019, rather than September 1, 2017.

 

SECTION 4.05.  TEXAS COMMISSION OF LICENSING AND REGULATION AND THE TEXAS DEPARTMENT OF LICENSING AND REGULATION.  Amends Section 51.002, Occupations Code, to provide that, unless the Texas Commission of Licensing and Regulation (TCLR) and the Texas Department of Licensing and Regulation (TDLR) are continued in existence as provided by Chapter 325, Government Code, TCLR and TDLR are abolished September 1, 2019, rather than September 1, 2015.

 

SECTION 4.06.  TEXAS FUNERAL SERVICE COMMISSION.  Amends Section 651.002, Occupations Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Texas Funeral Service Commission is abolished and this chapter expires September 1, 2019, rather than September 1, 2015.

 

SECTION 4.07.  TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS.  Amends Section 1002.003, Occupations Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Texas Board of Professional Geoscientists is abolished and this chapter expires September 1, 2019, rather than September 1, 2015.

 

SECTION 4.08.  TEXAS BOARD OF PROFESSIONAL LAND SURVEYING.  Amends Section 1071.003, Occupations Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Texas Board of Professional Land Surveying is abolished and this chapter expires September 1, 2019, rather than September 1, 2015.

 

SECTION 4.09.  TEXAS STATE BOARD OF PLUMBING EXAMINERS.  Amends Section 1301.003, Occupations Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Texas State Board of Plumbing Examiners is abolished and this chapter expires September 1, 2019, rather than September 1, 2015.

 

SECTION 4.10.  TEXAS DEPARTMENT OF MOTOR VEHICLES.  Amends Section 1001.005, Transportation Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Texas Department of Motor Vehicles is abolished September 1, 2019, rather than September 1, 2015.

 

ARTICLE 5.  ENTITIES GIVEN 2021 SUNSET DATE

 

SECTION 5.01.  TEXAS ANIMAL HEALTH COMMISSION.  Amends Section 161.027, Agriculture Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Texas Animal Health Commission is abolished September 1, 2021, rather than September 1, 2019.

 

SECTION 5.02.  PREPAID HIGHER EDUCATION TUITION BOARD.  Amends Section 54.603, Education Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Prepaid Higher Education Tuition Board is abolished and the programs established under this subchapter and under Subchapters G (Higher Education Savings Plan) and H (Prepaid Tuition Unit Undergraduate Education Program: Texas Tomorrow Fund II) terminate September 1, 2021, rather than September 1, 2019.

 

SECTION 5.03.  TEXAS GUARANTEED STUDENT LOAN CORPORATION.  Amends Section 57.12(a), Education Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Texas Guaranteed Student Loan Corporation is abolished and this chapter expires September 1, 2021, rather than September 1, 2017.

 

SECTION 5.04.  TEXAS ECONOMIC DEVELOPMENT AND TOURISM OFFICE.  Amends Section 481.003, Government Code, to provide that, unless continued in existence as provided by Chapter 325, the Texas Economic Development and Tourism Office is abolished and this chapter expires September 1, 2021, rather than September 1, 2015.

 

SECTION 5.05.  OFFICE OF STATE-FEDERAL RELATIONS.  Amends Section 751.003, Government Code, to provide that, unless continued in existence as provided by Chapter 325, the Office of State-Federal Relations is abolished and this chapter expires September 1, 2021, rather than September 1, 2015.

 

ARTICLE 6.  ENTITIES GIVEN 2023 SUNSET DATE

 

SECTION 6.01.  TEXAS INVASIVE SPECIES COORDINATING COMMITTEE.  Amends Section 776.007(a), Government Code, as follows:

 

(a)  Requires the Texas Invasive Species Coordinating Committee (committee) to be reviewed during the periods in which the State Soil and Water Conservation Board is reviewed.  Provides that, unless continued in existence as provided by Chapter 325, the committee is abolished and this chapter expires on the date on which that agency is subject to abolishment, rather than on September 1, 2013.

 

SECTION 6.02.  OFFICE OF PUBLIC UTILITY COUNSEL.  Amends Section 13.002, Utilities Code, to provide that, unless continued in existence as provided by Chapter 325, Government Code, the Office of Public Utility Counsel is abolished and this chapter expires September 1, 2023, rather than September 1, 2011.

 

ARTICLE 7.  ENTITIES REMOVED FROM SPECIFIC SUNSET REVIEW

 

SECTION 7.01.  BOARD OF DIRECTORS OF THE OFFICIAL CITRUS PRODUCERS' PEST AND DISEASE MANAGEMENT CORPORATION.  Amends Section 80.028, Agriculture Code, as follows:

 

Sec. 80.028.  New heading: DISSOLUTION PROVISION.  (a)  Deletes existing text of Subsection (a) providing that the board of directors of the official citrus producers' pest and disease management corporation is subject to Chapter 325, Government Code; and providing that unless continued by that chapter, the board is abolished and this chapter expires September 1, 2021.  Redesignates existing text of Subsection (b) as Subsection (a).

 

(b) Redesignates existing Subsection (c) as Subsection (b).  Provides that, if the Texas Citrus Pest and Disease Management Corporation, Inc., (corporation) or the suppression program is discontinued for any reason, rather than if the corporation is abolished or suppression program discontinued for any reason, assessments approved, levied, or otherwise collectible on the date of the discontinuance remain valid as necessary to pay the financial obligations of the corporation.  Makes a conforming change.

 

ARTICLE 8.  SUNSET ADVISORY COMMISSION

 

SECTION 8.01.  REVIEW OF AGENCIES REVIEWED FOR THE 82nd LEGISLATURE.  Requires Sunset, for a state agency that was reviewed by Sunset in preparation for the work of the 82nd Legislature in Regular Session and the abolition date of which was extended to 2013, unless expressly provided otherwise, to limit its review of the agency in preparation for the work of the 83rd Legislature in Regular Session to the appropriateness of recommendations made by Sunset to the 82nd Legislature.  Authorizes Sunset, in Sunset's report to the 83rd Legislature, to include any recommendations it considers appropriate.  Provides that this section expires September 1, 2013.

 

ARTICLE  9.  EFFECTIVE DATE

 

SECTION 9.01.  Effective date: upon passage or September 1, 2011.