| |
|
|
SENATE RESOLUTION
|
|
|
BE IT RESOLVED by the Senate of the State of Texas, 82nd |
|
|
Legislature, Regular Session, 2011, That Senate Rule 12.03 be |
|
|
suspended in part as provided by Senate Rule 12.08 to enable the |
|
|
conference committee appointed to resolve the differences on |
|
|
Senate Bill 652 (governmental and certain quasi-governmental |
|
|
entities subject to the sunset review process) to consider and |
|
|
take action on the following matter: |
|
|
Senate Rule 12.03(4) is suspended to permit the committee |
|
|
to add text on matters not included in either the house or senate |
|
|
version of the bill by adding the following: |
|
|
SECTION 1.07. RAILROAD COMMISSION OF TEXAS. |
|
|
(a) Section 81.01001, Natural Resources Code, is amended to |
|
|
read as follows: |
|
|
Sec. 81.01001. SUNSET PROVISION. The Railroad |
|
|
Commission of Texas is subject to Chapter 325, Government Code |
|
|
(Texas Sunset Act). Unless continued in existence as provided |
|
|
by that chapter, the commission is abolished September 1, 2013 |
|
|
[2011]. |
|
|
(b) This section takes effect only if the 82nd |
|
|
Legislature, Regular Session, 2011, does not enact other |
|
|
legislation that becomes law and that amends Section 81.01001, |
|
|
Natural Resources Code, to extend the sunset date of the Railroad |
|
|
Commission of Texas. If the 82nd Legislature, Regular Session, |
|
|
2011, enacts legislation of that kind, this section has no |
|
|
effect. |
|
|
(c) The review of the Railroad Commission of Texas by the |
|
|
Sunset Advisory Commission in preparation for the work of the |
|
|
83rd Legislature in Regular Session is not limited to the |
|
|
appropriateness of recommendations made by the commission to the |
|
|
82nd Legislature. In the commission's report to the 83rd |
|
|
Legislature, the commission may include any recommendations it |
|
|
considers appropriate. |
|
|
SECTION 1.08. PUBLIC UTILITY COMMISSION OF TEXAS. |
|
|
(a) Section 12.005, Utilities Code, is amended to read as |
|
|
follows: |
|
|
Sec. 12.005. APPLICATION OF SUNSET ACT. The Public |
|
|
Utility Commission of Texas is subject to Chapter 325, Government |
|
|
Code (Texas Sunset Act). Unless continued in existence as |
|
|
provided by that chapter or by Chapter 39, the commission is |
|
|
abolished and this title expires September 1, 2013 [2011]. |
|
|
(b) This section takes effect only if the 82nd |
|
|
Legislature, Regular Session, 2011, does not enact other |
|
|
legislation that becomes law and that amends Section 12.005, |
|
|
Utilities Code, to extend the sunset date of the Public Utility |
|
|
Commission of Texas. If the 82nd Legislature, Regular Session, |
|
|
2011, enacts legislation of that kind, this section has no |
|
|
effect. |
|
|
SECTION 1.09. ELECTRIC RELIABILITY COUNCIL OF TEXAS. |
|
|
(a) Section 39.151, Utilities Code, is amended by adding |
|
|
Subsections (n) and (n-1) to read as follows: |
|
|
(n) An independent organization certified by the |
|
|
commission under this section is subject to review under Chapter |
|
|
325, Government Code (Texas Sunset Act), but is not abolished |
|
|
under that chapter. The independent organization shall be |
|
|
reviewed during the periods in which the Public Utility |
|
|
Commission of Texas is reviewed. |
|
|
(n-1) Notwithstanding Subsection (n), an independent |
|
|
organization certified by the commission under this section is |
|
|
not subject to review in preparation for the work of the 83rd |
|
|
Legislature in Regular Session. This subsection expires |
|
|
September 1, 2013. |
|
|
(b) This section takes effect only if the 82nd |
|
|
Legislature, Regular Session, 2011, does not enact other |
|
|
legislation that becomes law and that amends Section 39.151, |
|
|
Utilities Code, to subject an independent organization certified |
|
|
by the Public Utility Commission of Texas under that section to |
|
|
sunset review during the periods in which the commission is |
|
|
reviewed. If the 82nd Legislature, Regular Session, 2011, enacts |
|
|
legislation of that kind, this section has no effect. |
|
|
SECTION 1.10. PORT OF HOUSTON AUTHORITY. Chapter 97, |
|
|
Acts of the 40th Legislature, 1st Called Session, 1927, is |
|
|
amended by adding Section 9 to read as follows: |
|
|
Sec. 9. SUNSET REVIEW. (a) The Port of Houston |
|
|
Authority is subject to review under Chapter 325, Government Code |
|
|
(Texas Sunset Act), as if it were a state agency but may not be |
|
|
abolished under that chapter. The review shall be conducted as |
|
|
if the authority were scheduled to be abolished September 1, |
|
|
2013. |
|
|
(b) The reviews must assess the authority's governance, |
|
|
management, and operating structure, and the authority's |
|
|
compliance with legislative requirements. |
|
|
(c) The authority shall pay the cost incurred by the |
|
|
Sunset Advisory Commission in performing a review of the |
|
|
authority under this section. The Sunset Advisory Commission |
|
|
shall determine the cost, and the authority shall pay the amount |
|
|
promptly on receipt of a statement from the Sunset Advisory |
|
|
Commission detailing the cost. |
|
|
(d) This section expires September 1, 2013. |
|
|
SECTION 2.01. REGIONAL EDUCATION SERVICE CENTERS. |
|
|
Subchapter A, Chapter 8, Education Code, is amended by adding |
|
|
Section 8.010 to read as follows: |
|
|
Sec. 8.010. SUNSET PROVISION. Regional education |
|
|
service centers are subject to Chapter 325, Government Code |
|
|
(Texas Sunset Act). Unless continued in existence as provided |
|
|
by that chapter, the centers are abolished and this chapter |
|
|
expires September 1, 2015. |
|
|
SECTION 6.02. OFFICE OF PUBLIC UTILITY COUNSEL. Section |
|
|
13.002, Utilities Code, is amended to read as follows: |
|
|
Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of |
|
|
Public Utility Counsel is subject to Chapter 325, Government Code |
|
|
(Texas Sunset Act). Unless continued in existence as provided |
|
|
by that chapter, the office is abolished and this chapter expires |
|
|
September 1, 2023 [2011]. |
|
|
ARTICLE 8. SUNSET ADVISORY COMMISSION |
|
|
SECTION 8.01. REVIEW OF AGENCIES REVIEWED FOR THE 82nd |
|
|
LEGISLATURE. For a state agency that was reviewed by the Sunset |
|
|
Advisory Commission in preparation for the work of the 82nd |
|
|
Legislature in Regular Session and the abolition date of which |
|
|
was extended to 2013, the commission, unless expressly provided |
|
|
otherwise, shall limit its review of the agency in preparation |
|
|
for the work of the 83rd Legislature in Regular Session to the |
|
|
appropriateness of recommendations made by the commission to the |
|
|
82nd Legislature. In the commission's report to the 83rd |
|
|
Legislature, the commission may include any recommendations it |
|
|
considers appropriate. This section expires September 1, 2013. |
|
|
Explanation: This addition is necessary to change the |
|
|
sunset review date for various state agencies, to subject the |
|
|
Electric Reliability Council of Texas to sunset review during the |
|
|
periods in which the Public Utility Commission of Texas is |
|
|
reviewed, to subject the Port of Houston Authority and regional |
|
|
education service centers to sunset review, and to limit the |
|
|
review of state agencies that were reviewed by the Sunset |
|
|
Advisory Commission in preparation for the work of the 82nd |
|
|
Legislature in Regular Session. |
|
|
|
|
|
|
|
|
|
| |
|
|
|
_______________________________ |
|
|
|
President of the Senate |
|
|
|
|
|
|
|
I hereby certify that the |
|
|
|
above Resolution was adopted by |
|
|
|
the Senate on May 28, 2011, by the |
|
|
following vote: Yeas 31, Nays 0. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
_______________________________ |
|
|
|
Secretary of the Senate |