82R3815 MTB-D

By: Elkins H.B. No. 2550

A BILL TO BE ENTITLED

AN ACT

relating to the process under which state agencies and other entities are periodically reviewed under the Texas Sunset Act.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. (a) The Sunset Advisory Commission is abolished October 1, 2011. On the abolition of the commission:

(1) the records and other property in the custody of the commission are transferred to the Texas Facilities Commission; and

(2) the unobligated and unexpended appropriations of the commission lapse.

(b) A statutory provision that makes a state agency or other entity subject to Chapter 325, Government Code (Texas Sunset Act), and that provides for the abolition of the agency or other entity on a date after October 1, 2011, is ineffective to cause the abolition or to make the agency or entity subject to review under Chapter 325.

(c) The expiration of Chapter 325, Government Code (Texas Sunset Act), on October 1, 2011, does not affect the continuance or abolition of a state agency or other entity under that chapter before that date.

SECTION 2. Chapter 325, Government Code, is amended by adding Section 325.025 to read as follows:

Sec. 325.025. ABOLITION OF COMMISSION AND EXPIRATION OF CHAPTER. The commission is abolished and this chapter, except this section and Section 325.017, expires October 1, 2011. This section and Section 325.017 expire October 1, 2012.

SECTION 3. Section 74.127, Agriculture Code, is amended to read as follows:

Sec. 74.127. DISSOLUTION [SUNSET] PROVISION. (a) [The board of directors of the official cotton growers' boll weevil eradication foundation is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this subchapter expires September 1, 2021.

[(b)] The commissioner may order the dissolution of the foundation at any time the commissioner determines that the purposes of this subchapter have been fulfilled or that the foundation is inoperative and abandoned. Dissolution shall be conducted in accordance with Section 74.112 of this code.

(b) [(c)] If the foundation [is abolished] or the program is discontinued for any reason, assessments approved, levied, or otherwise collectible on the date of discontinuance [abolishment] remain valid as necessary to pay the financial obligations of the foundation.

SECTION 4. Section 80.028, Agriculture Code, is amended to read as follows:

Sec. 80.028. DISSOLUTION [SUNSET] PROVISION. (a) [The board of directors of the official citrus producers' pest and disease management corporation is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2021.

[(b)] The commissioner may order the dissolution of the corporation at any time the commissioner determines that the purposes of this chapter have been fulfilled or that the corporation is inoperative and abandoned. Dissolution shall be conducted in accordance with Section 80.014.

(b) [(c)] If the corporation [is abolished] or the suppression program is discontinued for any reason, assessments approved, levied, or otherwise collectible on the date of discontinuance [abolishment] remain valid as necessary to pay the financial obligations of the corporation.

SECTION 5. Section 5.01, Alcoholic Beverage Code, is amended to read as follows:

Sec. 5.01. TEXAS ALCOHOLIC BEVERAGE COMMISSION. [(a)] The Texas Alcoholic Beverage Commission is an agency of the state.

[(b) The Texas Alcoholic Beverage Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and Subchapter A, Chapter 5, expires September 1, 2019.]

SECTION 6. Section 88.524, Education Code, is amended to read as follows:

Sec. 88.524. OPEN MEETINGS LAW; ADMINISTRATIVE PROCEDURE LAW[; SUNSET ACT]. [(a)] The advisory committee is subject to the open meetings law, Chapter 551, Government Code, and the administrative procedure law, Chapter 2001, Government Code.

[(b) The Equine Research Account Advisory Committee is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the advisory committee is abolished and this subchapter expires September 1, 2011.]

SECTION 7. Section 81.113(a), Government Code, is amended to read as follows:

(a) Except as provided by Subsection (b), the state bar shall credit an attorney licensed in this state with meeting the minimum continuing legal education requirements of the state bar for a reporting year if during the reporting year the attorney is employed full-time as an attorney by:

(1) the senate;

(2) the house of representatives;

(3) a committee, division, department, or office of the senate or house;

(4) the Texas Legislative Council;

(5) the Legislative Budget Board;

(6) the Legislative Reference Library; or

(7) the office of the state auditor[; or

[(8) the Sunset Advisory Commission].

SECTION 8. Section 321.013(c), Government Code, is amended to read as follows:

(c) The State Auditor shall recommend the audit plan for the state for each year to the committee. In devising the plan, the State Auditor shall consider recommendations concerning coordination of agency functions made jointly by representatives of the Legislative Budget Board[, Sunset Advisory Commission,] and State Auditor's Office. The State Auditor shall also consider the extent to which a department has received a significant increase in appropriations, including a significant increase in federal or other money passed through to the department, and shall review procurement activities for compliance with Section 2161.123. The plan shall provide for auditing of federal programs at least as often as required under federal law and shall ensure that audit requirements of all bond covenants and other credit or financial agreements are satisfied. The committee shall review and approve the plan.

SECTION 9. Section 321.0134, Government Code, is amended to read as follows:

Sec. 321.0134. EFFECTIVENESS AUDIT. [(a)] An effectiveness audit is an audit to determine, according to established or designated program objectives, responsibilities or duties, statutes and regulations, program performance criteria, or program evaluation standards:

(1) whether the objectives and intended benefits are being achieved efficiently and effectively; and

(2) whether the program duplicates, overlaps, or conflicts with another state program.

[(b) An effectiveness audit may be scheduled only when the audited entity is not scheduled for review under the Texas Sunset Act (Chapter 325).]

SECTION 10. The heading to Section 326.003, Government Code, is amended to read as follows:

Sec. 326.003. COMMITTEE OF STATE AUDITOR'S OFFICE AND [,] LEGISLATIVE BUDGET BOARD[, AND SUNSET ADVISORY COMMISSION].

SECTION 11. Section 326.003(a), Government Code, is amended to read as follows:

(a) The State Auditor's Office and [,] Legislative Budget Board[, and Sunset Advisory Commission] shall form a committee to make recommendations relating to the coordination of the agencies' functions.

SECTION 12. Section 434.002, Government Code, is amended to read as follows:

Sec. 434.002. APPLICATION OF [SUNSET,] OPEN MEETINGS[,] AND ADMINISTRATIVE PROCEDURE LAWS. [(a) The Texas Veterans Commission is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished September 1, 2013.

[(b)] The commission is subject to Chapter 551[,] and Chapter 2001.

SECTION 13. The heading to Section 442.002, Government Code, is amended to read as follows:

Sec. 442.002. COMMISSION; MEMBERS[; SUNSET ACT].

SECTION 14. Section 444.002, Government Code, is amended to read as follows:

Sec. 444.002. APPLICATION OF [SUNSET,] OPEN MEETINGS[,] AND ADMINISTRATIVE PROCEDURE [PROCEDURES] LAWS. [(a) The Texas Commission on the Arts is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter expires September 1, 2013.

[(b)] The commission is subject to the open meetings law, Chapter 551, and the administrative procedure law, Chapter 2001.

SECTION 15. Section 2056.002(d), Government Code, is amended to read as follows:

(d) A state agency shall send two copies of each plan to both the Legislative Reference Library and the state publications clearinghouse of the Texas State Library and one copy each to:

(1) the governor;

(2) the lieutenant governor;

(3) the speaker of the house of representatives;

(4) the Legislative Budget Board;

(5) [the Sunset Advisory Commission;

[(6)] the state auditor;

(6) [(7)] the comptroller; and

(7) [(8)] the Department of Information Resources.

SECTION 16. Section 2056.010, Government Code, is amended to read as follows:

Sec. 2056.010. AGENCY CONFORMANCE TO STRATEGIC PLAN. The comptroller, [the Sunset Advisory Commission,] the state auditor, the Legislative Budget Board, or another agency that conducts performance audits of a state agency shall consider in the evaluation of an agency the extent to which the agency conforms to the agency's strategic plan.

SECTION 17. Section 2102.009, Government Code, is amended to read as follows:

Sec. 2102.009. ANNUAL REPORT. The internal auditor shall prepare an annual report and submit the report before November 1 of each year to the governor, the Legislative Budget Board, [the Sunset Advisory Commission,] the state auditor, the state agency's governing board, and the administrator. The state auditor shall prescribe the form and content of the report, subject to the approval of the legislative audit committee.

SECTION 18. Section 2102.0091(a), Government Code, is amended to read as follows:

(a) A state agency shall file with [the Sunset Advisory Commission,] the budget division of the governor's office, the state auditor, and the Legislative Budget Board a copy of each report submitted to the state agency's governing board or the administrator of the state agency if the state agency does not have a governing board by the agency's internal auditor.

SECTION 19. Section 2210.002, Insurance Code, is amended to read as follows:

Sec. 2210.002. SHORT TITLE[; SUNSET PROVISION]. [(a)] This chapter may be cited as the Texas Windstorm Insurance Association Act.

[(b) The association is subject to review under Chapter 325, Government Code (Texas Sunset Act), but is not abolished under that chapter. The association shall be reviewed during the period in which state agencies abolished in 2015 are reviewed. The association shall pay the costs incurred by the Sunset Advisory Commission in performing the review of the association under this subsection. The Sunset Advisory Commission shall determine the costs of the review performed under this subsection, and the association shall pay the amount of those costs promptly on receipt of a statement from the Sunset Advisory Commission regarding those costs. This subsection expires September 1, 2015.]

SECTION 20. Section 2210.0025, Insurance Code, is amended to read as follows:

Sec. 2210.0025. BIENNIAL REPORT TO LEGISLATURE. On or before December 31 of each even-numbered year, the board of directors shall submit to the commissioner and [,] the appropriate committees of each house of the legislature[, and the Sunset Advisory Commission] a written report relating to the operations of the association during the preceding biennium. The report must include:

(1) any proposed changes in the laws relating to regulation of the association and a statement of the reasons for the changes; and

(2) any information regarding association operations or procedures that is requested by the department to be addressed in the report.

SECTION 21. The heading to Subchapter A, Chapter 201, Labor Code, is amended to read as follows:

SUBCHAPTER A. SHORT TITLE[; APPLICATION OF SUNSET ACT]

SECTION 22. The heading to Subchapter A, Chapter 401, Labor Code, is amended to read as follows:

SUBCHAPTER A. SHORT TITLE[; APPLICATION OF SUNSET ACT]

SECTION 23. Section 31.156(a), Natural Resources Code, is amended to read as follows:

(a) The division shall review the real property inventory of each state agency not less than every four years[, and a review shall be made during the calendar year before the agency is scheduled for abolition under the Texas Sunset Act (Chapter 325, Government Code)]. The division may verify the accuracy of inventory records provided by an agency.

SECTION 24. Section 201.403(c), Transportation Code, is amended to read as follows:

(c) Not later than February 1 of each year, the director shall report to the commission and [,] each house of the legislature[, and the Sunset Advisory Commission] on the department's progress in the recruitment and hiring of women and minority applicants.

SECTION 25. Section 13.063(b), Utilities Code, is amended to read as follows:

(b) The office shall prepare annually a report on the office's activities during the preceding year and submit the report to the standing legislative committees that have jurisdiction over the office, the house appropriations committee, and the senate finance committee[, and the Sunset Advisory Commission]. At a minimum, the report must include:

(1) a list of the types of activities conducted by the office and the time spent by the office on each activity;

(2) the number of hours billed by the office for representing residential or small commercial consumers in proceedings;

(3) the number of staff positions and the type of work performed by each position; and

(4) the office's rate of success in representing residential or small commercial consumers in appealing commission decisions.

SECTION 26. The following provisions are repealed:

(1) Section 11.003, Agriculture Code (Department of Agriculture);

(2) Section 161.027, Agriculture Code (Texas Animal Health Commission);

(3) Section 201.025, Agriculture Code (State Soil and Water Conservation Board);

(4) Section 7.004, Education Code (Texas Education Agency);

(5) Section 51.153(e), Education Code (Western Information Network Association);

(6) Section 51.168(d), Education Code (information network association);

(7) Section 54.603, Education Code (Prepaid Higher Education Tuition Board);

(8) Section 57.12, Education Code (Texas Guaranteed Student Loan Corporation);

(9) Section 61.0211, Education Code (Texas Higher Education Coordinating Board);

(10) Section 88.1016, Education Code (Texas Forest Service);

(11) Section 11.108, Finance Code (Finance Commission of Texas);

(12) Section 12.109, Finance Code (office of banking commissioner);

(13) Section 13.012, Finance Code (office of savings and mortgage lending commissioner and Department of Savings and Mortgage Lending);

(14) Section 14.066, Finance Code (Office of Consumer Credit Commissioner);

(15) Section 15.212, Finance Code (Credit Union Department and Credit Union Commission);

(16) Section 33.003, Government Code (State Commission on Judicial Conduct);

(17) Section 52.014, Government Code (Court Reporters Certification Board);

(18) Section 57.051, Government Code (licensed court interpreter advisory board);

(19) Section 81.003, Government Code (State Bar of Texas);

(20) Section 82.006, Government Code (Board of Law Examiners);

(21) Section 111.003, Government Code (Guardianship Certification Board);

(22) Sections 411.002(c), (d), and (e), Government Code (Department of Public Safety of the State of Texas);

(23) Section 419.003, Government Code (Texas Commission on Fire Protection);

(24) Section 431.023, Government Code (adjutant general's department);

(25) Section 441.001(q), Government Code (Texas State Library and Archives Commission);

(26) Section 442.002(k), Government Code (Texas Historical Commission);

(27) Section 443.002, Government Code (State Preservation Board);

(28) Section 443.0081(j), Government Code (historical representation advisory committee);

(29) Section 448.002, Government Code (Texas Emancipation Juneteenth Cultural and Historical Commission);

(30) Section 449.002, Government Code (Texas Holocaust and Genocide Commission);

(31) Section 466.003, Government Code (lottery division of the Texas Lottery Commission);

(32) Section 467.002, Government Code (Texas Lottery Commission);

(33) Section 481.003, Government Code (Texas Economic Development and Tourism Office);

(34) Section 487.002, Government Code (Texas Department of Rural Affairs);

(35) Section 492.012, Government Code (Texas Board of Criminal Justice and Texas Department of Criminal Justice);

(36) Section 501.132, Government Code (Correctional Managed Health Care Committee);

(37) Section 508.051, Government Code (Board of Pardons and Paroles);

(38) Section 511.003, Government Code (Commission on Jail Standards);

(39) Section 531.004, Government Code (Health and Human Services Commission);

(40) Section 531.703, Government Code (Advisory Committee on Qualifications for Health Care Translators and Interpreters);

(41) Section 531.805, Government Code (Council on Children and Families);

(42) Section 571.022, Government Code (Texas Ethics Commission);

(43) Section 751.003, Government Code (Office of State-Federal Relations);

(44) Section 776.007, Government Code (Texas Invasive Species Coordinating Committee);

(45) Section 801.107, Government Code (State Pension Review Board);

(46) Section 825.006, Government Code (board of trustees of the Teacher Retirement System of Texas);

(47) Section 1232.072, Government Code (Texas Public Finance Authority);

(48) Section 2003.023, Government Code (State Office of Administrative Hearings);

(49) Section 2003.102, Government Code (tax division of the State Office of Administrative Hearings);

(50) Section 2054.005, Government Code (Department of Information Resources);

(51) Section 2055.003, Government Code (Electronic Government Program Management Office of the Department of Information Resources);

(52) Section 2151.0041, Government Code (transfer of certain powers and duties to the comptroller);

(53) Section 2152.002, Government Code (Texas Building and Procurement Commission);

(54) Section 2306.022, Government Code (Texas Department of Housing and Community Affairs);

(55) Section 2306.5521, Government Code (Texas State Affordable Housing Corporation);

(56) Section 2308.005, Government Code (Texas Workforce Investment Council);

(57) Section 11.003, Health and Safety Code (Texas Board of Health and Texas Department of Health);

(58) Section 102.003, Health and Safety Code (Cancer Prevention and Research Institute of Texas);

(59) Section 113.002, Health and Safety Code (Texas Organ, Tissue, and Eye Donor Council);

(60) Section 115.002, Health and Safety Code, as added by Chapter 733 (S.B. 395), Acts of the 81st Legislature, Regular Session, 2009 (Early Childhood Health and Nutrition Interagency Council);

(61) Section 115.012, Health and Safety Code, as added by Chapters 835 (S.B. 1824) and 1133 (H.B. 2196), Acts of the 81st Legislature, Regular Session, 2009 (Interagency Task Force for Children With Special Needs);

(62) Section 182.052, Health and Safety Code (Texas Health Services Authority);

(63) Section 367.003, Health and Safety Code (On-Site Wastewater Treatment Research Council);

(64) Section 532.002, Health and Safety Code (Texas Department of Mental Health and Mental Retardation);

(65) Section 771.032, Health and Safety Code (Commission on State Emergency Communications);

(66) Section 1001.003, Health and Safety Code (Department of State Health Services);

(67) Section 21.002, Human Resources Code (Texas Department of Human Services);

(68) Section 40.003, Human Resources Code (Department of Family and Protective Services);

(69) Section 61.020, Human Resources Code (Texas Youth Commission);

(70) Section 64.054, Human Resources Code (office of independent ombudsman of the Texas Youth Commission);

(71) Section 73.023, Human Resources Code (Interagency Council on Early Childhood Intervention);

(72) Section 81.004, Human Resources Code (Texas Commission for the Deaf and Hard of Hearing);

(73) Section 91.001, Human Resources Code (Texas Commission for the Blind);

(74) Section 101.002, Human Resources Code (Texas Department on Aging);

(75) Section 111.012, Human Resources Code (Texas Rehabilitation Commission);

(76) Section 112.023, Human Resources Code (Texas Council for Developmental Disabilities);

(77) Section 115.005, Human Resources Code (Governor's Committee on People with Disabilities);

(78) Section 117.003, Human Resources Code (Department of Assistive and Rehabilitative Services);

(79) Section 122.006, Human Resources Code (Texas Council on Purchasing from People with Disabilities);

(80) Section 141.012, Human Resources Code (Texas Juvenile Probation Commission);

(81) Section 161.003, Human Resources Code (Department of Aging and Disability Services);

(82) Section 31.004, Insurance Code (Texas Department of Insurance, including the division of workers' compensation);

(83) Section 501.003, Insurance Code (office of public insurance counsel);

(84) Section 1805.060, Insurance Code (authority relating to advisory organizations);

(85) Section 301.008, Labor Code (Texas Workforce Commission);

(86) Section 312.002, Labor Code (Interagency Literacy Council);

(87) Section 404.003, Labor Code (office of injured employee counsel);

(88) Section 412.021(f), Labor Code (risk management board and State Office of Risk Management);

(89) Section 32.003, Natural Resources Code (School Land Board);

(90) Section 33.211, Natural Resources Code (Coastal Coordination Council);

(91) Section 81.01001, Natural Resources Code (Railroad Commission of Texas);

(92) Section 153.044, Natural Resources Code (Prescribed Burning Board);

(93) Section 161.0111, Natural Resources Code (Veterans' Land Board);

(94) Section 51.002, Occupations Code (Texas Commission of Licensing and Regulation and Texas Department of Licensing and Regulation);

(95) Section 101.306(c), Occupations Code (office of patient protection);

(96) Section 151.004, Occupations Code (Texas Medical Board);

(97) Section 201.004, Occupations Code (Texas Board of Chiropractic Examiners);

(98) Section 202.002, Occupations Code (Texas State Board of Podiatric Medical Examiners);

(99) Section 203.006, Occupations Code (midwifery board);

(100) Section 251.005, Occupations Code (State Board of Dental Examiners);

(101) Section 301.003, Occupations Code (Texas Board of Nursing);

(102) Section 301.157(d-11), Occupations Code (certain nursing programs);

(103) Section 351.004, Occupations Code (Texas Optometry Board);

(104) Section 401.002, Occupations Code (State Board of Examiners for Speech-Language Pathology and Audiology);

(105) Section 402.002, Occupations Code (State Committee of Examiners in the Fitting and Dispensing of Hearing Instruments);

(106) Section 452.002, Occupations Code (Executive Council of Physical Therapy and Occupational Therapy Examiners);

(107) Section 453.002, Occupations Code (Texas Board of Physical Therapy Examiners);

(108) Section 454.003, Occupations Code (Texas Board of Occupational Therapy Examiners);

(109) Section 501.005, Occupations Code (Texas State Board of Examiners of Psychologists);

(110) Section 502.003, Occupations Code (Texas State Board of Examiners of Marriage and Family Therapists);

(111) Section 503.005, Occupations Code (Texas State Board of Examiners of Professional Counselors);

(112) Section 505.005, Occupations Code (Texas State Board of Social Worker Examiners);

(113) Section 551.005, Occupations Code (Texas State Board of Pharmacy);

(114) Section 603.005, Occupations Code (Texas State Perfusionist Advisory Committee);

(115) Section 605.003, Occupations Code (Texas Board of Orthotics and Prosthetics);

(116) Section 651.002, Occupations Code (Texas Funeral Service Commission);

(117) Section 701.003, Occupations Code (Texas State Board of Examiners of Dietitians);

(118) Section 801.003, Occupations Code (State Board of Veterinary Medical Examiners);

(119) Section 901.006, Occupations Code (Texas State Board of Public Accountancy);

(120) Section 1001.005, Occupations Code (Texas Board of Professional Engineers);

(121) Section 1002.003, Occupations Code (Texas Board of Professional Geoscientists);

(122) Section 1051.003, Occupations Code (Texas Board of Architectural Examiners);

(123) Section 1071.003, Occupations Code (Texas Board of Professional Land Surveying);

(124) Section 1101.006, Occupations Code (Texas Real Estate Commission);

(125) Section 1103.006, Occupations Code (Texas Appraiser Licensing and Certification Board);

(126) Section 1301.003, Occupations Code (Texas State Board of Plumbing Examiners);

(127) Section 1701.002, Occupations Code (Commission on Law Enforcement Officer Standards and Education);

(128) Section 11.0111, Parks and Wildlife Code (Parks and Wildlife Department);

(129) Section 173.005, Transportation Code (intermunicipal commuter rail districts);

(130) Section 201.204, Transportation Code (Texas Department of Transportation);

(131) Section 451.459, Transportation Code (certain rapid transit authorities);

(132) Section 1001.005, Transportation Code (Texas Department of Motor Vehicles);

(133) Section 12.005, Utilities Code (Public Utility Commission of Texas);

(134) Section 13.002, Utilities Code (Office of Public Utility Counsel);

(135) Section 39.908, Utilities Code (Public Utility Commission of Texas);

(136) Section 41.060(c), Utilities Code (Public Utility Commission of Texas);

(137) Section 5.014, Water Code (Texas Natural Resource Conservation Commission);

(138) Section 6.013, Water Code (Texas Water Development Board);

(139) Section 18.01, Texas Racing Act (Article 179e, Vernon's Texas Civil Statutes) (Texas Racing Commission);

(140) Subsection O, Section 2, The Securities Act (Article 581-2, Vernon's Texas Civil Statutes) (State Securities Board);

(141) Section 21(h), Texas Local Fire Fighters Retirement Act (Article 6243e, Vernon's Texas Civil Statutes) (office of fire fighters' pension commissioner); and

(142) Section 4(c), Self-Directed Semi-Independent Agency Project Act (Article 8930, Revised Statutes).

SECTION 27. This Act takes effect October 1, 2011.