BILL ANALYSIS

 

 

 

C.S.H.B. 3660

By: Simmons

Appropriations

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

The Texas Commission on Fire Protection serves to aid in the protection of lives and property of Texas citizens through the development and enforcement of recognized professional standards for individuals and fire departments within Texas.  Interested parties assert that inefficiencies could be reduced and fiscal redundancies in state government could be eliminated by attaching the commission to another state agency.  C.S.H.B. 3660 seeks to identify a specific strategy for reducing inefficiencies and eliminating fiscal redundancies in state government. 

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 3660 amends the Government Code to add temporary provisions, set to expire September 1, 2017, to require the Texas Commission on Fire Protection to conduct a study to determine to which state agency the commission should be administratively attached in order to reduce the costs associated with the commission, improve the provision of commission services, and lower the fees set and collected by the commission. The bill authorizes the commission to request the assistance of any state agency if the commission needs assistance to conduct the study and requires the agency to provide the requested assistance.

 

C.S.H.B. 3660 requires the commission, not later than September 1, 2014, to report the results of the study to the legislature, the governor, and the Legislative Budget Board and sets out requirements for the report.   

 

EFFECTIVE DATE

 

On passage, or, if the bill does not receive the necessary vote, September 1, 2013.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

While C.S.H.B. 3660 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill.

 

INTRODUCED

HOUSE COMMITTEE SUBSTITUTE

SECTION 1.  Subchapter A, Chapter 419, Government Code, is amended by adding Section 419.0021 to read as follows:

Sec. 419.0021.  ADMINISTRATIVE ATTACHMENT. 

 

 

 

 

 

 

 

 

 

Notwithstanding any other law, the Texas Commission on Fire Protection is administratively attached to the Texas Department of Insurance.

 

SECTION 1.  Subchapter A, Chapter 419, Government Code, is amended by adding Section 419.013 to read as follows:

Sec. 419.013.  STUDY ON ADMINISTRATIVE ATTACHMENT; REPORT.  (a)  In this section, "state agency" means a board, commission, department, institute, office, or other agency in the executive branch of state government that is created by the constitution or a statute of this state, including an institution of higher education or other agency of higher education as defined by Section 61.003, Education Code.

(b)  The commission shall conduct a study to determine to which state agency the commission should be administratively attached in order to:

(1)  reduce the costs associated with the commission;

(2)  improve the provision of commission services; and

(3)  lower the fees set and collected by the commission under this chapter.

(c)  The commission may request the assistance of any state agency if the commission needs assistance to conduct the study required under this section.  The agency shall provide the requested assistance.

(d)  Not later than September 1, 2014, the commission shall report the results of the study to the legislature, the governor, and the Legislative Budget Board.  The report submitted must:

(1)  include a complete explanation of the process used by the commission in conducting the study required under this section;

(2)  identify a single state agency to which the commission shall be administratively attached, selected using the criteria prescribed by Subsection (b); and

(3)  include drafts of proposed legislation necessary to accomplish the administrative attachment.

(e)  This section expires September 1, 2017.

 

SECTION 2.  (a) Not later than October 1, 2013, the Texas Commission on Fire Protection and the Texas Department of Insurance shall enter into a memorandum of understanding to facilitate the timely implementation of Section 419.0021, Government Code, as added by this Act.

(b)  The memorandum of understanding shall address the powers, duties, obligations, rights, contracts, records, personnel, property, rules, and unspent appropriations of the Texas Commission on Fire Protection that are affected by the attachment to the Texas Department of Insurance.

 

No equivalent provision.

 

SECTION 3.  This Act takes effect September 1, 2013.

 

SECTION 2.  This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.  If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.