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A BILL TO BE ENTITLED
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AN ACT
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relating to the Sunset Advisory Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 325, Government Code, is |
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amended to read as follows: |
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CHAPTER 325. SUNSET AND MODERNIZATION LAW |
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SECTION 2. Section 325.001, Government Code, is amended to |
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read as follows: |
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Sec. 325.001. SHORT TITLE. This chapter may be cited as the |
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Texas Sunset and Modernization Act. |
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SECTION 3. Chapter 325, Government Code, is amended by |
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adding Section 325.0011 to read as follows: |
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Sec. 325.0011. PURPOSE. The purpose of the Sunset Advisory |
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and Modernization Commission is to review and redesign state |
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agencies in an effort to streamline an agency's services, |
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processes, and procedures and to evaluate the justification for the |
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agency's existence. The commission's primary objective is to create |
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a more efficient government that ensures the highest-quality |
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services to citizens of the state at the lowest possible cost. |
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SECTION 4. Section 325.002(3), Government Code, is amended |
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to read as follows: |
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(3) "Commission" means the Sunset Advisory and |
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Modernization Commission. |
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SECTION 5. Chapter 325, Government Code, is amended by |
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adding Section 325.0021 to read as follows: |
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Sec. 325.0021. REFERENCE IN STATE LAW. A reference in state |
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law to the Sunset Advisory Commission means the Sunset Advisory and |
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Modernization Commission. |
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SECTION 6. The heading to Section 325.003, Government Code, |
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is amended to read as follows: |
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Sec. 325.003. SUNSET ADVISORY AND MODERNIZATION |
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COMMISSION. |
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SECTION 7. Section 325.003, Government Code, is amended by |
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amending Subsections (a), (d), and (i) and adding Subsection (a-1) |
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to read as follows: |
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(a) The Sunset Advisory and Modernization Commission |
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consists of six public members appointed by the governor, two |
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[five] members of the senate and one public member appointed by the |
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lieutenant governor, and two [five] members of the house of |
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representatives and one public member appointed by the speaker of |
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the house. The lieutenant governor and the speaker of the house may |
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serve as one of the legislative appointees. |
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(a-1) The public members appointed by the governor must have |
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the following experience or qualifications: |
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(1) technology experience; or |
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(2) auditing experience; or |
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(3) management consulting experience; or |
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(4) experience in the administration of incentive |
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programs and other related programs used in the private sector; or |
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(5) experience as an innovation executive. |
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(d) Legislative members serve four-year terms, with terms |
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staggered so that the term [terms] of one [as near to one half] of |
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the legislative members appointed by the lieutenant governor [as
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possible] and the term [terms] of one [as near to one half] of the |
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legislative members appointed by the speaker [as possible] expire |
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September 1 of each odd-numbered year. If the lieutenant governor |
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or the speaker serves on the commission, service continues until |
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resignation from the commission or until the individual ceases to |
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hold the office. Public members serve two-year terms expiring |
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September 1 of each odd-numbered year. |
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(i) The commission shall have a chairman and vice-chairman |
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as presiding officers. The chairmanship and vice-chairmanship must |
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alternate every two years between the two membership groups |
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appointed by the lieutenant governor and the speaker. The chairman
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and vice-chairman may not be from the same membership group. The |
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lieutenant governor shall designate a presiding officer chairman |
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from his appointed membership group and the speaker shall designate |
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the other presiding officer a chairman from his appointed |
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membership group. The vice-chairman shall be selected by the |
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commission from among the public members. |
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SECTION 8. Section 325.0011, Government Code, is amended by |
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amending Subsections (6) and adding Subsection (14) to read as |
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follows: |
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(6) the extent to which the jurisdiction of the agency and |
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the programs and facilities administered by the agency overlap or |
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duplicate those of other agencies, the extent to which the agency |
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coordinates with those agencies, and the extent to which the |
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programs and facilities administered by the agency can be |
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consolidated with the programs and facilities of other state |
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agencies; |
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(14) an assessment of the effective use of all facilities |
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operated by an agency, including their total number, cost of |
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operation, location, and intended purpose. |
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SECTION 9. Sec. 325.012(2), Government Code, is amended to |
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read as follows: |
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(2) make recommendations on the consolidation, transfer, or |
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reorganization of programs and facilities within state agencies not |
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under review when the programs and facilities duplicate functions |
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performed in agencies under review; |
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SECTION 10. Chapter 325, Government Code, is amended by |
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adding Section 325.0105 to read as follows: |
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Sec. 325.0105. GOALS FOR STATE AGENCY REVIEW. (a) The |
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commission shall use performance audits and cost-benefit analyses |
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when reviewing a state agency. |
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(b) The commission shall promote the use of innovation to |
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improve the operation of state agencies through: |
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(1) the dissemination to state employees and officers |
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of innovative solutions developed in the public or private sector |
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that can be applied to state government; |
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(2) the consultation of innovation experts with state |
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officers and agency heads to provide assistance on efficiency |
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problems in state government, where appropriate; and |
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(3) accepting innovation recommendations from state |
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employees and sharing those recommendations with other agencies, as |
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appropriate. |
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(c) In order to increase the efficiency of each state agency |
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the commission reviews, the commission shall consider whether: |
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(1) enhanced technology or improved work practices |
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could improve the operation of the state agency; |
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(2) any functions of the agency could be provided by |
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private entities for a lower cost; |
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(3) the state agency could make better use of its |
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employees; |
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(4) any services offered by the state agency could be |
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reduced or eliminated; |
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(5) the state agency's facilities could be combined |
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with another agency's; and |
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(6) any other innovative solutions could improve the |
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operation of the state agency. |
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SECTION 11. (a) All terms of the current members of the |
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Sunset Advisory Commission expire on the effective date of this |
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Act. On that date, or as soon as possible after that date, the |
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governor, the lieutenant governor, and the speaker of the house of |
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representatives shall appoint the public members of the Sunset |
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Advisory and Modernization Commission, and the lieutenant governor |
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and the speaker of the house of representatives shall each appoint |
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one legislative member of the commission for a term expiring |
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September 1, 2015, and one legislative member of the commission for |
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a term expiring September 1, 2017. |
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(b) Subject to the restrictions for membership on the Sunset |
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Advisory and Modernization Commission in Chapter 325, Government |
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Code, as amended by this Act, a member of the Sunset Advisory |
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Commission serving immediately before the effective date of this |
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Act is eligible for reappointment to the Sunset Advisory and |
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Modernization Commission. |
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SECTION 12. This Act takes effect September 1, 2013. |