By: Harper-Brown H.B. No. 3394

A BILL TO BE ENTITLED

AN ACT

relating to the Sunset Advisory Commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Chapter 325, Government Code, is amended to read as follows:

CHAPTER 325. SUNSET AND MODERNIZATION LAW

SECTION 2. Section 325.001, Government Code, is amended to read as follows:

Sec. 325.001. SHORT TITLE. This chapter may be cited as the Texas Sunset and Modernization Act.

SECTION 3. Chapter 325, Government Code, is amended by adding Section 325.0011 to read as follows:

Sec. 325.0011. PURPOSE. The purpose of the Sunset Advisory and Modernization Commission is to review and redesign state agencies in an effort to streamline an agency's services, processes, and procedures and to evaluate the justification for the agency's existence. The commission's primary objective is to create a more efficient government that ensures the highest-quality services to citizens of the state at the lowest possible cost.

SECTION 4. Section 325.002(3), Government Code, is amended to read as follows:

(3) "Commission" means the Sunset Advisory and Modernization Commission.

SECTION 5. Chapter 325, Government Code, is amended by adding Section 325.0021 to read as follows:

Sec. 325.0021. REFERENCE IN STATE LAW. A reference in state law to the Sunset Advisory Commission means the Sunset Advisory and Modernization Commission.

SECTION 6. The heading to Section 325.003, Government Code, is amended to read as follows:

Sec. 325.003. SUNSET ADVISORY AND MODERNIZATION COMMISSION.

SECTION 7. Section 325.003, Government Code, is amended by amending Subsections (a), (d), and (i) and adding Subsection (a-1) to read as follows:

(a) The Sunset Advisory and Modernization Commission consists of six public members appointed by the governor, two [five] members of the senate and one public member appointed by the lieutenant governor, and two [five] members of the house of representatives and one public member appointed by the speaker of the house. The lieutenant governor and the speaker of the house may serve as one of the legislative appointees.

(a-1) The public members appointed by the governor must have the following experience or qualifications:

(1) technology experience; or

(2) auditing experience; or

(3) management consulting experience; or

(4) experience in the administration of incentive programs and other related programs used in the private sector; or

(5) experience as an innovation executive.

(d) Legislative members serve four-year terms, with terms staggered so that the term [terms] of one [as near to one half] of the legislative members appointed by the lieutenant governor [as possible] and the term [terms] of one [as near to one half] of the legislative members appointed by the speaker [as possible] expire September 1 of each odd-numbered year. If the lieutenant governor or the speaker serves on the commission, service continues until resignation from the commission or until the individual ceases to hold the office. Public members serve two-year terms expiring September 1 of each odd-numbered year.

(i) The commission shall have a chairman and vice-chairman as presiding officers. The chairmanship and vice-chairmanship must alternate every two years between the two membership groups appointed by the lieutenant governor and the speaker. The chairman and vice-chairman may not be from the same membership group. The lieutenant governor shall designate a presiding officer chairman from his appointed membership group and the speaker shall designate the other presiding officer a chairman from his appointed membership group. The vice-chairman shall be selected by the commission from among the public members.

SECTION 8. Section 325.0011, Government Code, is amended by amending Subsections (6) and adding Subsection (14) to read as follows:

(6) the extent to which the jurisdiction of the agency and the programs and facilities administered by the agency overlap or duplicate those of other agencies, the extent to which the agency coordinates with those agencies, and the extent to which the programs and facilities administered by the agency can be consolidated with the programs and facilities of other state agencies;

(14) an assessment of the effective use of all facilities operated by an agency, including their total number, cost of operation, location, and intended purpose.

SECTION 9. Sec. 325.012(2), Government Code, is amended to read as follows:

(2) make recommendations on the consolidation, transfer, or reorganization of programs and facilities within state agencies not under review when the programs and facilities duplicate functions performed in agencies under review;

SECTION 10. Chapter 325, Government Code, is amended by adding Section 325.0105 to read as follows:

Sec. 325.0105. GOALS FOR STATE AGENCY REVIEW. (a) The commission shall use performance audits and cost-benefit analyses when reviewing a state agency.

(b) The commission shall promote the use of innovation to improve the operation of state agencies through:

(1) the dissemination to state employees and officers of innovative solutions developed in the public or private sector that can be applied to state government;

(2) the consultation of innovation experts with state officers and agency heads to provide assistance on efficiency problems in state government, where appropriate; and

(3) accepting innovation recommendations from state employees and sharing those recommendations with other agencies, as appropriate.

(c) In order to increase the efficiency of each state agency the commission reviews, the commission shall consider whether:

(1) enhanced technology or improved work practices could improve the operation of the state agency;

(2) any functions of the agency could be provided by private entities for a lower cost;

(3) the state agency could make better use of its employees;

(4) any services offered by the state agency could be reduced or eliminated;

(5) the state agency's facilities could be combined with another agency's; and

(6) any other innovative solutions could improve the operation of the state agency.

SECTION 11. (a) All terms of the current members of the Sunset Advisory Commission expire on the effective date of this Act. On that date, or as soon as possible after that date, the governor, the lieutenant governor, and the speaker of the house of representatives shall appoint the public members of the Sunset Advisory and Modernization Commission, and the lieutenant governor and the speaker of the house of representatives shall each appoint one legislative member of the commission for a term expiring September 1, 2015, and one legislative member of the commission for a term expiring September 1, 2017.

(b) Subject to the restrictions for membership on the Sunset Advisory and Modernization Commission in Chapter 325, Government Code, as amended by this Act, a member of the Sunset Advisory Commission serving immediately before the effective date of this Act is eligible for reappointment to the Sunset Advisory and Modernization Commission.

SECTION 12. This Act takes effect September 1, 2013.