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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting requirements of, and certain unfunded |
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mandates related to the functions of, a state agency that is |
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undergoing review by the Sunset Advisory Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 325, Government Code, is amended by |
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adding Section 325.0075 to read as follows: |
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Sec. 325.0075. REPORTING REQUIREMENTS OF AGENCY BEING |
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REVIEWED. Before September 1 of the odd-numbered year before the |
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year in which a state agency subject to this chapter is abolished, |
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the agency shall submit to the commission, the governor, the |
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lieutenant governor, and each member of the legislature a report |
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that: |
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(1) lists each report that the agency is required by a |
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statute to prepare; and |
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(2) evaluates the need for each report listed in |
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Subdivision (1) based on whether factors or conditions have changed |
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since the date the statutory requirement to prepare the report was |
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enacted. |
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SECTION 2. Section 320.004, Government Code, is amended to |
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read as follows: |
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Sec. 320.004. REVIEW OF UNFUNDED MANDATES. (a) The Sunset |
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Advisory Commission in performing a review of a state agency whose |
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functions affect political subdivisions may [Before September 1 of
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the even-numbered year before the third anniversary of the date of
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enactment of a mandate identified by the interagency work group
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under Section 320.003, the interagency work group shall]: |
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(1) review the legislative history of any [the] |
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mandate related to the functions of the state agency being |
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reviewed; |
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(2) conduct an evaluation on the benefits of the |
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mandate and the costs of the mandate on affected political |
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subdivisions; and |
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(3) include any information gathered under this |
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section in the report required under Section 325.010 [present a
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written report to the legislature and the governor on the
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interagency work group's findings]. |
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(b) During a review of a state agency, a political |
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subdivision affected by a mandate related to the functions of the |
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agency may present information to the commission regarding the |
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mandate and costs associated with the mandate and may recommend |
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changes to current law that may provide more efficient use of |
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resources. |
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(c) A political subdivision may periodically review each |
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mandate to which the political subdivision is subject and recommend |
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changes for making an activity or measure more efficient, including |
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elimination of [the regular session immediately following the
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issuance of a report under Subsection (a), the legislature by law
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may continue the mandate for a period not to exceed three years, by
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law may repeal the mandate, or may take no action on] the mandate, |
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to the governor, the lieutenant governor, the speaker of the house |
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of representatives, the Senate Finance Committee, the House |
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Appropriations Committee, and the Sunset Advisory Commission. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |