BILL ANALYSIS

 

 

Senate Research Center

S.B. 1613

83R10237 CJC-D

By: Zaffirini

 

Government Organization

 

3/28/2013

 

As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The Texas Office of State-Federal Relations (OSFR) was established in 1965 to promote communication and build relationships between the state and federal governments and to advance the interests of the people of the State of Texas.

 

In the 2006 and 2008 sunset reviews, structural issues which impair the efficacy of the OSFR were identified, and in 2009 OSFR was restructured and placed within the governor’s office to decrease unnecessary administrative burdens and increase the ability to effectively represent the state's interests. Appropriations for OSFR reflected the changes; however statute has yet to be updated.

 

S.B. 1613 updates statute to eliminate OFSR, transferring the duties and obligations to the governor's office. 

 

As proposed, S.B. 1613 amends current law relating to the abolition of the Office of State-Federal Relations.

 

[Note: While the statutory reference in this bill is to the Texas Youth Commission (TYC), the following amendments affect the Texas Juvenile Justice Department, as the successor agency to TYC.]

 

[Note: While the statutory reference in this bill is to the Texas Natural Resource Conservation Commission, the following amendments affect the Texas Commission on Environmental Quality, as the successor agency to TNRCC.]

 

RULEMAKING AUTHORITY

 

Rulemaking authority previously granted to the Office of State-Federal Relations is rescinded in SECTION 15 (Section 751.022, Government Code) of this bill.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 37.012(c), Education Code, to require the Office of the Governor (governor's office), rather than the Office of State-Federal Relations (OSFR), to assist a local juvenile probation department in identifying additional state or federal funds to assist local juvenile probation departments conducting educational or job training programs within juvenile justice alternative education programs.

 

SECTION 2. Amends Subchapter F, Chapter 401, Government Code, by adding Section 401.106, as follows:

 

Sec. 401.106.  CONTRACTS FOR LOCATION OF STATE AGENCY STAFF. Authorizes the governor to enter into a contract with a state agency to locate staff of the agency in Washington, D.C. Requires that a contract entered into under this section include provisions under which the state agency's staff:

 

(1)  report directly to that agency's administrative head or the presiding officer of that agency's governing body;

 

(2)  have an officially recognized role in that agency's budget planning process; and

 

(3)  provide periodic updates of the staff's activities at meetings of that agency's governing body.

 

SECTION 3. Amends Section 421.021(a), Government Code, to delete the administrative head, or chair, as appropriate, of OSFR from the list of certain individuals composing the Homeland Security Council, and to make nonsubstantive changes.

 

SECTION 4. Amends Section 493.013(b), Government Code, to require the Texas Board of Criminal Justice (TBCJ) to require the Federal Funds Committee of the Department of  Criminal Justice (committee) to work in conjunction with the governor's office, rather than OSFR, and the Health and Human Services Commission (HHSC) to investigate the applicability of  the national school lunch program to inmates who are pursuing a primary or secondary education while confined in the institutional division, and the food stamp program administered under Chapter 33 (Nutritional Assistance Programs), Human Resources Code, to inmates who are confined and treated in substance abuse felony punishment facilities.

 

SECTION 5. Reenacts Section 535.051(b), Government Code, as amended by Chapters 298 (H.B. 1965) and 1176 (H.B. 3278), Acts of the 82nd Legislature, Regular Session, 2011, and amends it as follows:

 

(b) Deletes the Texas Juvenile Probation Commission, the Texas Youth Commission, and OSFR from the list, and adds the Texas Juvenile Justice Department to the list, of certain state agencies that are required to designate one employee to serve as liaison for the faith- and community-based organizations. Makes nonsubstantive changes.

 

SECTION 6. Reenacts Section 772.0101, Government Code, as added by Chapter 1215 (H.B. 925), Acts of the 79th Legislature, Regular Session, 2005, and amends it as follows:

 

Sec. 772.0101.  BORDER INSPECTION, TRADE, AND TRANSPORTATION ADVISORY COMMITTEE.  (a) Deletes existing text requiring that a representative of OSFR be included in a list of certain members appointed by the border commerce coordinator to the Border Inspection, Trade, and Transportation Advisory Committee.

 

(b)-(d) Makes no changes to these subsections.

 

SECTION 7. Amends Section 772.011(b), Government Code, to make a conforming change and  nonsubstantive changes.

 

SECTION 8. Amends Section 775.002(d), Government Code, to delete OSFR from the list of certain agencies required to designate an officer or employee to serve as the agency's liaison for colonia initiatives. Makes nonsubstantive changes.

 

SECTION 9. Amends Section 361.423(b), Health and Safety Code, as follows:

 

(b) Requires the Texas Natural Resource Conservation Commission (TNRCC) and the comptroller of public accounts of the State of Texas (comptroller), on an ongoing basis, to, among certain other tasks, with the cooperation of the governor's office, rather than OSFR, assist communities and private entities in identifying state and federal grants pertaining to recycling and solid waste management.

 

SECTION 10. Amends Section 132.001(d), Human Resources Code, to require the governor to submit the agenda to the Texas congressional delegation, rather than to the Texas congressional delegation and to OSFR, and to annually amend the agenda and rank agenda items.

 

SECTION 11. Amends Section 344.152(c), Local Government Code, to authorize the board of directors of a district to seek the assistance of the governor's office, rather than OSFR, in identifying and applying for federal grants for fire control, prevention, and emergency medical service programs.

 

SECTION 12. Amends Section 363.152(c), Local Government Code, to authorize the board of directors of a district to seek the assistance of the governor's office, rather than OSFR, in identifying and applying for federal grants for criminal justice programs.

 

SECTION 13. Amends Section 201.053(b), Transportation Code, to delete existing text requiring the chair of the Texas Transportation Commission to serve as the departmental liaison with OSFR to maximize federal funding for transportation.

 

SECTION 14. Amends Section 1001.023(b), Transportation Code, to delete existing text requiring the chair of the board of the Texas Department of Motor Vehicles to serve as the departmental liaison with OSFR to maximize federal funding for transportation.

 

SECTION 15. Repealer: Chapter 751 (Office of State-Federal Relations), Government Code.

 

SECTION 16. Provides that on January 1, 2014:

 

(1)  OSFR is abolished;

 

(2)  all obligations, rights, contracts, records, real and personal property, funds, appropriations, and money of OSFR are transferred to the governor's office;

 

(3)  the executive director of OSFR becomes an employee of the governor's office;

 

(4)  an employee of OSFR becomes an employee of the governor's office; and

 

(5)  a reference in other law to OSFR means the governor's office.

 

SECTION 17. Provides that to the extent of any conflict, this Act prevails over another Act of the 83rd Legislature, Regular Session, 2013, relating to nonsubstantive additions to and corrections in enacted codes.

 

SECTION 18. Effective date: January 1, 2014.