83R1559 CJC-D

By: Nelson S.B. No. 59

A BILL TO BE ENTITLED

AN ACT

relating to certain required reports and other documents prepared by state agencies and institutions of higher education.

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

SECTION 1. Section 15.006, Agriculture Code, is amended to read as follows:

Sec. 15.006. BIENNIAL [ANNUAL] REPORT. The department and the Texas Department of Health shall jointly prepare a biennial [an annual] report concerning the special nutrition program and submit a copy of the report to the governor, lieutenant governor, and speaker of the house of representatives. The report must include information on the condition of the program, persons served, amount of food coupons redeemed, and funds received and expended.

SECTION 2. Section 201.028, Agriculture Code, is amended to read as follows:

Sec. 201.028. ANNUAL [SEMIANNUAL] REPORT. Not later than January 1 [and July 1] of each year, the state board shall prepare and deliver to the governor, the lieutenant governor, and the speaker of the house of representatives a report relating to the status of the budget areas of responsibility assigned to the board, including outreach programs, grants made and received, federal funding applied for and received, special projects, and oversight of water conservation district activities.

SECTION 3. Article 60.02(j), Code of Criminal Procedure, is amended to read as follows:

(j) At least once during each five-year period the council shall coordinate an examination of the records and operations of the criminal justice information system to ensure the accuracy and completeness of information in the system and to ensure the promptness of information reporting. The state auditor, or other appropriate entity selected by the council, shall conduct the examination with the cooperation of the council, the Department of Public Safety, and the Texas Department of Criminal Justice. The Department of Public Safety, the council, and the Texas Department of Criminal Justice may examine the records of the agencies required to report information to the Department of Public Safety or the Texas Department of Criminal Justice. The examining entity shall submit to the legislature and the council a report that summarizes the findings of each examination and contains recommendations for improving the system. Not later than the first anniversary after the date the examining entity submits its report, the Department of Public Safety shall report to the Legislative Budget Board, the governor, [the state auditor,] and the council on the department's progress in implementing the examining entity's recommendations, including for each recommendation not implemented the reason for not implementing the recommendation. The Department of Public Safety shall submit a similar report each year following the submission of the first report until each of the examining entity's recommendations is implemented.

SECTION 4. Section 32.157(a), Education Code, is amended to read as follows:

(a) After the expiration of the project, the agency may review the project based on the annual reports the agency receives from the board of trustees of participating school districts. The agency may include the review of the project in the comprehensive biennial [annual] report required under Section 39.332 that covers the 2012-2013 school year.

SECTION 5. Section 39.027(e), Education Code, is amended to read as follows:

(e) The commissioner shall develop an assessment system that shall be used for evaluating the academic progress, including reading proficiency in English, of all students of limited English proficiency, as defined by Section 29.052. A student who is exempt from the administration of an assessment instrument under Subsection (a)(1) or (2) who achieves reading proficiency in English as determined by the assessment system developed under this subsection shall be administered the assessment instruments described by Sections 39.023(a) and (c). The performance under the assessment system developed under this subsection of students to whom Subsection (a)(1) or (2) applies shall be included in the indicator systems under Section 39.301, as applicable, the performance report under Section 39.306, and the comprehensive biennial [annual] report under Section 39.332. This information shall be provided in a manner that is disaggregated by the bilingual education or special language program, if any, in which the student is enrolled.

SECTION 6. The heading to Section 39.332, Education Code, is amended to read as follows:

Sec. 39.332. COMPREHENSIVE BIENNIAL [ANNUAL] REPORT.

SECTION 7. Section 39.332(a), Education Code, is amended to read as follows:

(a) Not later than December 1 of each even-numbered year, the agency shall prepare and deliver to the governor, the lieutenant governor, the speaker of the house of representatives, each member of the legislature, the Legislative Budget Board, and the clerks of the standing committees of the senate and house of representatives with primary jurisdiction over the public school system a comprehensive report covering the preceding school year and containing the information described by Subsection (b).

SECTION 8. Section 54.633(j), Education Code, is amended to read as follows:

(j) The board may contract with an independent certified public accountant to annually audit the direct-support organization under rules adopted by the board. The board shall submit the audit to the comptroller, governor, lieutenant governor, speaker of the house of representatives, Legislative Budget Board, Legislative Audit Committee, [state auditor,] and Texas Higher Education Coordinating Board. The comptroller [or state auditor] may require the direct-support organization or independent certified public accountant to provide additional information relating to the operation of the organization.

SECTION 9. Section 324.008(d), Government Code, is amended to read as follows:

(d) The governing body of a state agency, as defined by Sections 2151.002(1) and (3) [2151.002(2)(A) and (C)], shall deliver to the library and the Texas State Library and Archives Commission immediately after transcription a certified copy of the minutes of any meeting of the governing body. Any changes or corrections to the minutes shall also be delivered to the library and the Texas State Library and Archives Commission.

SECTION 10. Section 431.034(a), Government Code, is amended to read as follows:

(a) The adjutant general annually shall report to the governor. The report shall be delivered to the legislature. The report must include:

(1) [a complete and detailed written statement accounting for all funds received and disbursed by the department during the preceding fiscal year that meets the reporting requirements applicable to financial reporting provided in the General Appropriations Act;

[(2)] an account, to the extent of the adjutant general's knowledge, of all arms, ammunition, and other military property owned by or in possession of the state, the source from which it was received, to whom it is issued, and its present condition;

(2) [(3)] a statement of the number, condition, and organization of the Texas National Guard and reserve militia;

(3) [(4)] suggestions that the adjutant general considers important to the military interests and conditions of the state and the perfection of its military organization;

(4) [(5)] a list and description of all Texas National Guard missions that are in progress at the time the report is prepared; and

(5) [(6)] a statement of department plans to obtain and maintain future Texas National Guard missions, including proposed missions that are consistent with the United States Department of Defense's war-fighting strategies, including strategies used in the war on terrorism.

SECTION 11. Section 1231.086(b), Government Code, is amended to read as follows:

(b) On November 15 of each year, the board shall send to the lieutenant governor, the speaker of the house, and each member of the legislature[, and the joint committee] a report of the information received under this subchapter for the fiscal year ending August 31 of that year.

SECTION 12. Section 2054.1015(d), Government Code, is amended to read as follows:

(d) A state agency shall notify the department and[,] the Legislative Budget Board[, and the state auditor's office] if the agency makes a substantive change to a planned procurement schedule for commodity items.

SECTION 13. Section 2165.055, Government Code, is amended to read as follows:

Sec. 2165.055. REPORT ABOUT IMPROVEMENTS AND REPAIRS. Not later than December 1 of each even-numbered year, the [The] commission [biennially on December 1st] shall report to the governor:

(1) all improvements and repairs that have been made, with an itemized account of receipts and expenditures; and

(2) the condition of all property under its control, with an estimate of needed improvements and repairs.

SECTION 14. Section 2306.559(a), Government Code, is amended to read as follows:

(a) The corporation shall file an annual report of the financial activity of the corporation with the department. The corporation's board of directors shall submit the report to the governor, lieutenant governor, speaker of the house of representatives, and comptroller[, and Legislative Budget Board].

SECTION 15. Section 103.013, Health and Safety Code, is amended by adding Subsection (g) to read as follows:

(g) The report required under Subsection (f) may be electronically published on a state agency's Internet website. A state agency that electronically publishes a report under this subsection shall notify each agency entitled to receive a copy of the report that the report is available on the agency's Internet website on or before the date the report is due.

SECTION 16. Section 161.0211(b), Health and Safety Code, is amended to read as follows:

(b) The department may conduct those investigations to determine the nature and extent of the disease or environmental exposure believed to be harmful to the public health. Any findings or determinations from such investigations that relate to environmental exposures believed to be harmful to the public shall be reported in writing to the Texas [Natural Resource Conservation] Commission on Environmental Quality, and the two agencies shall coordinate corrective measures as appropriate. The department shall use generally accepted methods of epidemiology or toxicology in the conduct of an investigation.

SECTION 17. Section 114.008(a), Human Resources Code, is amended to read as follows:

(a) The agencies represented on the council and the public members shall report to the council any requirements identified by the agency or person to provide additional or improved services to persons with autism or other pervasive developmental disorders. Not later than November 1 of each even-numbered year, the council shall prepare and deliver to the executive commissioner of the Health and Human Services Commission, the governor, the lieutenant governor, and the speaker of the house of representatives a report summarizing the recommendations.

SECTION 18. Section 32.021(a), Insurance Code, is amended to read as follows:

(a) The department shall file annually with the governor and the presiding officer of each house of the legislature a complete and detailed written report that includes:

(1) [an accounting of all funds received and disbursed by the department during the preceding fiscal year;

[(2)] a description of the commissioner's official acts;

(2) [(3)] a description of the condition of companies doing business in this state; and

(3) [(4)] other information that exhibits the affairs of the department.

SECTION 19. The heading to Section 21.553, Labor Code, is amended to read as follows:

Sec. 21.553. COOPERATION WITH COMPTROLLER AND UNIFORM STATEWIDE ACCOUNTING SYSTEM; REPORT [TO LEGISLATURE].

SECTION 20. Section 21.553(b), Labor Code, is amended to read as follows:

(b) The commission shall conduct an analysis of the information reported to the commission under this subchapter and report the results of that analysis to the legislature, the Legislative Budget Board, and the governor not later than January 1 of each odd-numbered year [the fifth day of each regular session of the legislature]. The report required under this subsection must be written in plain language.

SECTION 21. Section 506.002(b), Labor Code, is amended to read as follows:

(b) The workers' compensation division of the office of the attorney general shall send to the comptroller [and the state auditor] a copy of each statement of amounts due from an agency or other instrumentality of state government that, with funds that are held outside the state treasury, reimburses the general revenue fund for workers' compensation payments made out of the general revenue fund.

SECTION 22. The heading to Section 91.1135, Natural Resources Code, is amended to read as follows:

Sec. 91.1135. OIL AND GAS REGULATION AND [OIL-FIELD] CLEANUP FUND ADVISORY COMMITTEE.

SECTION 23. Sections 91.1135(a), (d), (e), (f), and (g), Natural Resources Code, are amended to read as follows:

(a) In this section, "committee" means the Oil and Gas Regulation and [Oil-Field] Cleanup Fund Advisory Committee.

(d) The committee shall:

(1) meet at least quarterly with the commission;

(2) receive information about rules proposed by the commission relating to the oil and gas regulation and [oil-field] cleanup fund;

(3) review recommendations for legislation proposed by the commission; and

(4) monitor the effectiveness of the oil and gas regulation and [oil-field] cleanup fund.

(e) The commission shall provide quarterly reports to the committee and the Legislative Budget Board that include:

(1) the following information with respect to the period since the last report was provided as well as cumulatively:

(A) the amount of money deposited in the oil and gas regulation and [oil-field] cleanup fund;

(B) the amount of money spent from the fund;

(C) the balance of the fund;

(D) the number of wells plugged with money from the fund;

(E) the number of sites remediated with money from the fund; and

(F) the number of wells abandoned; and

(2) any additional information or data requested in writing by the committee.

(f) The committee may:

(1) submit to the commission comments of the committee regarding proposed rules relating to the oil and gas regulation and [oil-field] cleanup fund; and

(2) request reports and other information from the commission as necessary to implement this section.

(g) Not later than November 15 of each even-numbered year, the committee shall report to the governor, lieutenant governor, and speaker of the house of representatives on the committee's activities. The report must include:

(1) an analysis of any problems with the administration of the oil and gas regulation and [oil-field] cleanup fund; and

(2) recommendations for any legislation needed to address any problems identified with the administration of the fund or otherwise needed to further the purposes of the fund.

SECTION 24. Section 141.079, Natural Resources Code, is amended to read as follows:

Sec. 141.079. REPORT TO LEGISLATURE. Not later than January 1 of each odd-numbered year [During the first 30 days of each regular session of the legislature], the commissioner shall report to the legislature on the status of the exploration, development, and production of geothermal energy and associated resources under the land governed by this subchapter.

SECTION 25. Section 651.162, Occupations Code, is amended to read as follows:

Sec. 651.162. BIENNIAL REPORT [ANNUAL REPORTS].

[(b)] The commission shall file biennially [annually] with the governor a written description of the activities of the commission during the preceding fiscal year.

SECTION 26. Section 456.008(a), Transportation Code, is amended to read as follows:

(a) Not later than January 1 of each year, the [The] commission by rule shall prepare and issue to the legislature a report on [the performance of] public transportation providers in this state that received state or federal funding during the previous 12-month period. A [The commission shall issue a] report under this section must:

(1) detail the performance of the transportation providers during the preceding state fiscal year; and

(2) include, as to each transportation provider, monthly data on industry utilized standards that best reflect ridership, mileage, revenue by source, and service effectiveness [at least once each state fiscal year].

SECTION 27. Section 12.203, Utilities Code, is amended to read as follows:

Sec. 12.203. BIENNIAL [ANNUAL] REPORT. Not later than December 1 of each [(a) The commission shall prepare annually a complete and detailed written report accounting for all funds received and disbursed by the commission during the preceding fiscal year. The annual report must meet the reporting requirements applicable to financial reporting in the General Appropriations Act.

[(b) In the annual report issued in the] year preceding the convening of each regular session of the legislature, the commission shall prepare a written report that includes [make] suggestions regarding modification and improvement of the commission's statutory authority and for the improvement of utility regulation in general that the commission considers appropriate for protecting and furthering the interest of the public.

SECTION 28. Section 1(c), Chapter 413 (H.B. 1966), Acts of the 81st Legislature, Regular Session, 2009, is amended to read as follows:

(c) Not later than December 1 of each year [, 2009], the Health and Human Services Commission shall submit an annual [initial] report to the governor and the Legislative Budget Board regarding [detailing] the e-prescribing implementation plan developed under this section. The report must include the projected expenditures and cost savings anticipated for the plan during the state fiscal year and the total expenditures associated with and cost savings realized from the plan to date. This subsection expires January 1, 2015.

SECTION 29. The following provisions are repealed:

(1) Section 22.004(e), Education Code;

(2) Section 61.0761(d), Education Code;

(3) Section 74.004(d), Education Code;

(4) Section 825.518, Government Code;

(5) Section 2306.560(d), Government Code;

(6) Section 221.012(b), Human Resources Code;

(7) Section 1575.170(c), Insurance Code;

(8) Section 205.019(b), Labor Code;

(9) Section 6.156(b), Water Code;

(10) Section 46, Chapter 1130 (H.B. 2086), Acts of the 81st Legislature, Regular Session, 2009; and

(11) Section 1(d), Chapter 413 (H.B. 1966), Acts of the 81st Legislature, Regular Session, 2009.

SECTION 30. This Act takes effect September 1, 2013.