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A BILL TO BE ENTITLED
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AN ACT
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relating to zero-based budgeting for state agencies as a part of the |
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sunset review process. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 322.008, Government Code, is amended by |
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adding Subsection (c-1) to read as follows: |
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(c-1) The budget of estimated appropriations prepared and |
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delivered by the director under this section must provide for an |
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allocation of zero dollars for each proposed item of appropriation |
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for each agency that is subject to review and abolition under |
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Chapter 325 (Texas Sunset Act) during that calendar year. The |
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budget must include for each of those agencies a zero-based budget |
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and performance review report prepared for the agency as provided |
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by Section 325.0075. |
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SECTION 2. 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. ZERO-BASED BUDGET AND PERFORMANCE REVIEW |
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REPORT TO COMMISSION. Before September 1 of the odd-numbered year |
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before the year in which a state agency subject to this chapter is |
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scheduled for abolition, the Legislative Budget Board shall prepare |
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and present to the commission and to the governor a zero-based |
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budget and performance review report that contains: |
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(1) a description of the discrete activities the |
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agency is charged with conducting or performing together with: |
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(A) a justification for each activity by |
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reference to a statute or other legal authority; and |
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(B) an evaluation of the effectiveness and |
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efficiency of the agency's policies, management, fiscal affairs, |
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and operations in relation to each activity; |
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(2) for each activity identified under Subdivision |
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(1), a quantitative estimate of any adverse effects that reasonably |
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may be expected to result if the activity were discontinued, |
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together with a description of the methods by which the adverse |
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effects were estimated; |
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(3) for each activity identified under Subdivision |
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(1), an itemized account of expenditures required to maintain the |
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activity at the minimum level of service required by the statute or |
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other legal authority, together with a concise statement of the |
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quantity and quality of service required at that minimum level; |
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(4) for each activity identified under Subdivision |
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(1), an itemized account of expenditures required to maintain the |
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activity at the current level of service or performance, together |
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with a concise statement of the quantity and quality of service or |
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performance provided at that minimum level; |
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(5) a ranking of activities identified under |
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Subdivision (1) that illustrates the relative importance of each |
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activity to the overall goals and purposes of the agency at current |
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service levels; and |
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(6) recommendations to the legislature regarding |
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whether the legislature should continue funding each activity |
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identified under Subdivision (1) and, if so, at what level. |
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SECTION 3. Section 325.012(a), Government Code, is amended |
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to read as follows: |
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(a) In its report on a state agency, the commission shall: |
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(1) make recommendations on the abolition, |
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continuation, or reorganization of each affected state agency and |
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its advisory committees and on the need for the performance of the |
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functions of the agency and its advisory committees; |
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(2) make recommendations on the consolidation, |
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transfer, or reorganization of programs within state agencies not |
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under review when the programs duplicate functions performed in |
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agencies under review; [and] |
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(3) make recommendations to improve the operations of |
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the agency, its policy body, and its advisory committees, including |
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management recommendations that do not require a change in the |
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agency's enabling statute; and |
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(4) include the report of the Legislative Budget Board |
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presented under Section 325.0075 together with the commission's |
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evaluation of the board's recommendations on funding the agency's |
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activities. |
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SECTION 4. Section 325.019, Government Code, is amended to |
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read as follows: |
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Sec. 325.019. ASSISTANCE OF AND ACCESS TO STATE AGENCIES. |
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(a) The commission or the Legislative Budget Board may request the |
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assistance of state agencies and officers in carrying out its |
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functions under this chapter. When assistance is requested, a |
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state agency or officer shall assist the commission or board. |
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(b) In carrying out its functions under this chapter, the |
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commission, the Legislative Budget Board, or a [its] designated |
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staff member of the commission or board may inspect the records, |
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documents, and files of any state agency. |
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SECTION 5. Section 401.043, Government Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) At a public hearing held under Subsection (a), |
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regarding appropriations for an agency that is then currently the |
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subject of Sunset Advisory Commission review under Chapter 325, the |
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governor or the governor's representative shall consider the |
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zero-based budget presented under Section 325.0075 in addition to |
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any information the agency presents for consideration in the |
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budgeting process. |
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SECTION 6. 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. |