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A BILL TO BE ENTITLED
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AN ACT
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relating to electronic reporting by certain state entities and to |
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the review of continual report requirements. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 7.060, Education Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Notwithstanding other law, a school district shall |
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submit reports to the agency under this code in electronic format |
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only, except that the agency may require that a school district |
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provide a printed copy of a report to the agency. The agency shall |
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prescribe the electronic format to be used by the school district. |
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SECTION 2. Section 325.007, Government Code, is amended to |
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read as follows: |
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Sec. 325.007. AGENCY REPORT TO COMMISSION. (a) Before |
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September 1 of the odd-numbered year before the year in which a |
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state agency subject to this chapter is abolished, the agency shall |
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report to the commission: |
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(1) information regarding the application to the |
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agency of the criteria in Section 325.011; and |
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(2) any other information that the agency considers |
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appropriate or that is requested by the commission. |
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(b) A state agency shall submit reports under this chapter |
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to the commission in an electronic format only, except that the |
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commission may require that a state agency provide a printed copy of |
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a report to the commission. The commission shall prescribe the |
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electronic format to be used by the state agency. |
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SECTION 3. Subsection (b), Section 325.010, Government |
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Code, is amended to read as follows: |
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(b) In the report the commission shall include: |
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(1) its findings regarding the criteria prescribed by |
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Section 325.011(a) [325.011]; |
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(2) its findings regarding legislative reporting |
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requirements imposed on the agency prescribed by Section |
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325.011(b); |
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(3) its recommendations based on the matters |
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prescribed by Section 325.012; and |
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(4) [(3)] other information the commission considers |
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necessary for a complete review of the agency. |
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SECTION 4. Section 325.011, Government Code, is amended to |
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read as follows: |
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Sec. 325.011. CRITERIA FOR REVIEW. (a) The commission and |
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its staff shall consider the following criteria in determining |
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whether a public need exists for the continuation of a state agency |
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or its advisory committees or for the performance of the functions |
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of the agency or its advisory committees: |
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(1) the efficiency and effectiveness with which the |
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agency or the advisory committee operates; |
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(2)(A) an identification of the mission, goals, and |
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objectives intended for the agency or advisory committee and of the |
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problem or need that the agency or advisory committee was intended |
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to address; and |
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(B) the extent to which the mission, goals, and |
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objectives have been achieved and the problem or need has been |
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addressed; |
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(3)(A) an identification of any activities of the |
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agency in addition to those granted by statute and of the authority |
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for those activities; and |
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(B) the extent to which those activities are |
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needed; |
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(4) an assessment of authority of the agency relating |
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to fees, inspections, enforcement, and penalties; |
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(5) whether less restrictive or alternative methods of |
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performing any function that the agency performs could adequately |
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protect or provide service to the public; |
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(6) the extent to which the jurisdiction of the agency |
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and the programs administered by the agency overlap or duplicate |
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those of other agencies, the extent to which the agency coordinates |
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with those agencies, and the extent to which the programs |
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administered by the agency can be consolidated with the programs of |
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other state agencies; |
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(7) the promptness and effectiveness with which the |
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agency addresses complaints concerning entities or other persons |
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affected by the agency, including an assessment of the agency's |
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administrative hearings process; |
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(8) an assessment of the agency's rulemaking process |
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and the extent to which the agency has encouraged participation by |
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the public in making its rules and decisions and the extent to which |
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the public participation has resulted in rules that benefit the |
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public; |
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(9) the extent to which the agency has complied with: |
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(A) federal and state laws and applicable rules |
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regarding equality of employment opportunity and the rights and |
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privacy of individuals; and |
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(B) state law and applicable rules of any state |
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agency regarding purchasing guidelines and programs for |
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historically underutilized businesses; |
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(10) the extent to which the agency issues and |
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enforces rules relating to potential conflicts of interest of its |
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employees; |
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(11) the extent to which the agency complies with |
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Chapters 551 and 552 and follows records management practices that |
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enable the agency to respond efficiently to requests for public |
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information; and |
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(12) the effect of federal intervention or loss of |
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federal funds if the agency is abolished. |
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(b) The commission and its staff shall review all reporting |
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requirements imposed on the state agency by law to determine |
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whether the purpose and effectiveness of each reporting requirement |
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justifies the continuation of the requirement. A reporting |
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requirement that is not continued in existence by specific |
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recommendation in a report under Section 325.012 is void. |
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SECTION 5. Subsection (a), Section 325.012, Government |
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Code, is amended 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) make recommendations for the continuation or |
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abolition of each reporting requirement imposed on the agency by |
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law. |
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SECTION 6. Chapter 2052, Government Code, is amended by |
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adding Subchapter E to read as follows: |
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SUBCHAPTER E. DISTRIBUTION OF REPORTS |
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Sec. 2052.351. DEFINITION. In this subchapter, "state |
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agency" has the meaning assigned by Section 2052.002. |
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Sec. 2052.352. DISTRIBUTION OF REPORTS. (a) A state |
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agency report required by law must be made available in accordance |
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with this subchapter. |
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(b) Notwithstanding other law and except as provided by this |
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section, a state agency shall make each agency report required by |
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law available in electronic format only. The agency shall |
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determine the electronic format to be used by the agency. The |
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agency may, at the discretion of the agency's presiding officer, |
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provide a printed copy of a report to a person required by law to |
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receive the report. |
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(c) At the time a report required by law is ready for |
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distribution outside the state agency, the agency shall send |
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written notice to a person required to receive the report that the |
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report is available. The agency shall send the notice by mail or |
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electronically. The notice must briefly describe the subject |
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matter of the report and state the manner in which the person may |
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obtain the report electronically. |
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Sec. 2052.353. REPORTS TO LEGISLATORS AND SUNSET ADVISORY |
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COMMISSION. This subchapter does not affect the duty of a state |
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agency or other person to report to members of the legislature in |
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the manner provided under Section 306.007 or 2052.0021 or to report |
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to the Sunset Advisory Commission in the manner provided under |
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Section 325.007. If any provision of this subchapter conflicts |
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with Section 306.007, 325.007, or 2052.0021, that section controls. |
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SECTION 7. (a) The changes in law made by Subsection (c), |
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Section 7.060, Education Code, and Subsection (b), Section 325.007, |
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and Subchapter E, Chapter 2052, Government Code, as added by this |
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Act, apply only to the filing of a report on or after the effective |
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date of this Act. The filing of a report before the effective date |
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of this Act is governed by the law in effect immediately before that |
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date, and that law is continued in effect for that purpose. |
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(b) The changes in law made by Subsection (b), Section |
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325.010, and Subsection (a), Section 325.012, Government Code, as |
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amended by this Act, and Subsection (b), Section 325.011, |
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Government Code, as added by this Act, apply only to Sunset Advisory |
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Commission reports and recommendations issued on or after the |
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effective date of this Act. Reports and recommendations issued |
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before the effective date of this Act are governed by the law in |
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effect immediately before that date, and that law is continued in |
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effect for that purpose. |
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SECTION 8. This Act takes effect September 1, 2011. |