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  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.