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R E S O L U T I O N
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BE IT RESOLVED by the House of Representatives of the State of |
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Texas, 82nd Legislature, Regular Session, 2011, That House Rule 13, |
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Section 9(a), be suspended in part as provided by House Rule 13, |
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Section 9(f), to enable the conference committee appointed to |
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resolve the differences on Senate Bill 652 (governmental and |
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certain quasi-governmental entities subject to the sunset review |
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process) to consider and take action on the following matter: |
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House Rule 13, Section 9(a)(4), is suspended to permit the |
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committee to add text on matters not included in either the house or |
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senate version of the bill by adding the following: |
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SECTION 1.07. RAILROAD COMMISSION OF TEXAS. (a) Section |
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81.01001, Natural Resources Code, is amended to read as follows: |
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Sec. 81.01001. SUNSET PROVISION. The Railroad Commission |
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of Texas is subject to Chapter 325, Government Code (Texas Sunset |
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Act). Unless continued in existence as provided by that chapter, |
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the commission is abolished September 1, 2013 [2011]. |
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(b) This section takes effect only if the 82nd Legislature, |
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Regular Session, 2011, does not enact other legislation that |
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becomes law and that amends Section 81.01001, Natural Resources |
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Code, to extend the sunset date of the Railroad Commission of Texas. |
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If the 82nd Legislature, Regular Session, 2011, enacts legislation |
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of that kind, this section has no effect. |
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(c) The review of the Railroad Commission of Texas by the |
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Sunset Advisory Commission in preparation for the work of the 83rd |
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Legislature in Regular Session is not limited to the |
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appropriateness of recommendations made by the commission to the |
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82nd Legislature. In the commission's report to the 83rd |
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Legislature, the commission may include any recommendations it |
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considers appropriate. |
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SECTION 1.08. PUBLIC UTILITY COMMISSION OF TEXAS. (a) |
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Section 12.005, Utilities Code, is amended to read as follows: |
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Sec. 12.005. APPLICATION OF SUNSET ACT. The Public Utility |
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Commission of Texas is subject to Chapter 325, Government Code |
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(Texas Sunset Act). Unless continued in existence as provided by |
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that chapter or by Chapter 39, the commission is abolished and this |
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title expires September 1, 2013 [2011]. |
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(b) This section takes effect only if the 82nd Legislature, |
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Regular Session, 2011, does not enact other legislation that |
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becomes law and that amends Section 12.005, Utilities Code, to |
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extend the sunset date of the Public Utility Commission of Texas. If |
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the 82nd Legislature, Regular Session, 2011, enacts legislation of |
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that kind, this section has no effect. |
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SECTION 1.09. ELECTRIC RELIABILITY COUNCIL OF TEXAS. (a) |
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Section 39.151, Utilities Code, is amended by adding Subsections |
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(n) and (n-1) to read as follows: |
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(n) An independent organization certified by the commission |
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under this section is subject to review under Chapter 325, |
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Government Code (Texas Sunset Act), but is not abolished under that |
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chapter. The independent organization shall be reviewed during |
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the periods in which the Public Utility Commission of Texas is |
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reviewed. |
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(n-1) Notwithstanding Subsection (n), an independent |
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organization certified by the commission under this section is not |
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subject to review in preparation for the work of the 83rd |
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Legislature in Regular Session. This subsection expires September |
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1, 2013. |
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(b) This section takes effect only if the 82nd Legislature, |
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Regular Session, 2011, does not enact other legislation that |
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becomes law and that amends Section 39.151, Utilities Code, to |
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subject an independent organization certified by the Public Utility |
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Commission of Texas under that section to sunset review during the |
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periods in which the commission is reviewed. If the 82nd |
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Legislature, Regular Session, 2011, enacts legislation of that |
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kind, this section has no effect. |
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SECTION 1.10. PORT OF HOUSTON AUTHORITY. Chapter 97, Acts |
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of the 40th Legislature, 1st Called Session, 1927, is amended by |
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adding Section 9 to read as follows: |
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Sec. 9. SUNSET REVIEW. (a) The Port of Houston Authority |
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is subject to review under Chapter 325, Government Code (Texas |
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Sunset Act), as if it were a state agency but may not be abolished |
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under that chapter. The review shall be conducted as if the |
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authority were scheduled to be abolished September 1, 2013. |
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(b) The reviews must assess the authority's governance, |
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management, and operating structure, and the authority's |
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compliance with legislative requirements. |
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(c) The authority shall pay the cost incurred by the Sunset |
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Advisory Commission in performing a review of the authority under |
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this section. The Sunset Advisory Commission shall determine the |
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cost, and the authority shall pay the amount promptly on receipt of |
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a statement from the Sunset Advisory Commission detailing the cost. |
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(d) This section expires September 1, 2013. |
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SECTION 2.01. REGIONAL EDUCATION SERVICE CENTERS. |
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Subchapter A, Chapter 8, Education Code, is amended by adding |
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Section 8.010 to read as follows: |
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Sec. 8.010. SUNSET PROVISION. Regional education service |
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centers are subject to Chapter 325, Government Code (Texas Sunset |
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Act). Unless continued in existence as provided by that chapter, |
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the centers are abolished and this chapter expires September 1, |
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2015. |
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SECTION 6.02. OFFICE OF PUBLIC UTILITY COUNSEL. Section |
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13.002, Utilities Code, is amended to read as follows: |
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Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of |
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Public Utility Counsel is subject to Chapter 325, Government Code |
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(Texas Sunset Act). Unless continued in existence as provided by |
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that chapter, the office is abolished and this chapter expires |
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September 1, 2023 [2011]. |
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ARTICLE 8. SUNSET ADVISORY COMMISSION |
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SECTION 8.01. REVIEW OF AGENCIES REVIEWED FOR THE 82nd |
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LEGISLATURE. For a state agency that was reviewed by the Sunset |
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Advisory Commission in preparation for the work of the 82nd |
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Legislature in Regular Session and the abolition date of which was |
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extended to 2013, the commission, unless expressly provided |
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otherwise, shall limit its review of the agency in preparation for |
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the work of the 83rd Legislature in Regular Session to the |
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appropriateness of recommendations made by the commission to the |
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82nd Legislature. In the commission's report to the 83rd |
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Legislature, the commission may include any recommendations it |
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considers appropriate. This section expires September 1, 2013. |
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Explanation: This addition is necessary to change the sunset |
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review date for various state agencies, to subject the Electric |
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Reliability Council of Texas to sunset review during the periods in |
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which the Public Utility Commission of Texas is reviewed, to |
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subject the Port of Houston Authority and regional education |
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service centers to sunset review, and to limit the review of state |
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agencies that were reviewed by the Sunset Advisory Commission in |
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preparation for the work of the 82nd Legislature in Regular |
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Session. |