By: Zaffirini S.B. No. 1613

(In the Senate - Filed March 8, 2013; March 20, 2013, read first time and referred to Committee on Government Organization; April 3, 2013, reported favorably by the following vote: Yeas 7, Nays 0; April 3, 2013, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the abolition of the Office of State-Federal Relations.

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

SECTION 1. Subsection (c), Section 37.012, Education Code, is amended to read as follows:

(c) The office of the governor [Office of State-Federal Relations] shall 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. Subchapter F, Chapter 401, Government Code, is amended by adding Section 401.106 to read as follows:

Sec. 401.106. CONTRACTS FOR LOCATION OF STATE AGENCY STAFF. The governor may enter into a contract with a state agency to locate staff of the agency in Washington, D.C. A contract entered into under this section must 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. Subsection (a), Section 421.021, Government Code, is amended to read as follows:

(a) The Homeland Security Council is composed of the governor or the governor's designee, the speaker of the house of representatives or the speaker's designee, the lieutenant governor or the lieutenant governor's designee, and one representative of each of the following entities, appointed by the single statewide elected or appointed governing officer, administrative head, or chair, as appropriate, of the entity:

(1) Department of Agriculture;

(2) office of the attorney general;

(3) General Land Office;

(4) Public Utility Commission of Texas;

(5) Department of State Health Services;

(6) Department of Information Resources;

(7) Department of Public Safety of the State of Texas;

(8) Texas Division of Emergency Management;

(9) adjutant general's department;

(10) Texas Commission on Environmental Quality;

(11) Railroad Commission of Texas;

(12) Texas Strategic Military Planning Commission;

(13) Texas Department of Transportation;

(14) Commission on State Emergency Communications;

(15) [Office of State-Federal Relations;

[(16)] secretary of state;

(16) [(17)] Senate Committee on Transportation and Homeland Security;

(17) [(18)] House Committee on Defense and Veterans' Affairs;

(18) [(19)] Texas Animal Health Commission;

(19) [(20)] Texas Association of Regional Councils;

(20) [(21)] Texas Commission on Law Enforcement Officer Standards and Education;

(21) [(22)] state fire marshal's office;

(22) [(23)] Texas Education Agency;

(23) [(24)] Texas Commission on Fire Protection;

(24) [(25)] Parks and Wildlife Department;

(25) [(26)] Texas Forest Service; and

(26) [(27)] Texas Water Development Board.

SECTION 4. Subsection (b), Section 493.013, Government Code, is amended to read as follows:

(b) The board shall require the committee to:

(1) maximize federal grant and entitlement funding available to the state;

(2) submit biennially to the board a detailed report that includes information on all federal grants and entitlements identified and applied for by the committee and the results of the applications; and

(3) work in conjunction with the governor's office and the Health and [Office of State-Federal Relations and the Texas Department of] Human Services Commission to investigate the applicability of:

(A) the national school lunch program to inmates who are pursuing a primary or secondary education while confined in the institutional division; and

(B) the food stamp program administered under Chapter 33, Human Resources Code, to inmates who are confined and treated in substance abuse felony punishment facilities.

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

(b) The chief administrative officer of each of the following state agencies, in consultation with the governor, shall designate one employee from the agency to serve as a liaison for faith- and community-based organizations:

(1) the Texas Department of Rural Affairs;

(2) the Texas Commission on Environmental Quality;

(3) the Texas Department of Criminal Justice;

(4) the Texas Department of Housing and Community Affairs;

(5) the Texas Juvenile Justice Department [Probation Commission];

(6) the Texas Veterans Commission;

(7) the Texas Workforce Commission;

(8) [the Texas Youth Commission;

[(10)] the office of the governor;

(9) [(11)] the Department of Public Safety;

(10) [(12)] the Texas Department of Insurance;

(11) [(13)] the Public Utility Commission of Texas;

(12) [(14)] the office of the attorney general;

(13) [(15)] the Department of Agriculture;

(14) [(16)] the office of the comptroller;

(15) [(17)] the Department of Information Resources;

(16) [(18) the Office of State-Federal Relations;

[(19)] the office of the secretary of state; and

(17) [(20)] other state agencies as determined by the governor.

SECTION 6. Section 772.0101, Government Code, as added by Chapter 1215 (H.B. 925), Acts of the 79th Legislature, Regular Session, 2005, is reenacted and amended to read as follows:

Sec. 772.0101. BORDER INSPECTION, TRADE, AND TRANSPORTATION ADVISORY COMMITTEE. (a) The border commerce coordinator shall establish and appoint the members of the Border Inspection, Trade, and Transportation Advisory Committee. The members must include representatives of the Texas Department of Transportation, the Department of Public Safety of the State of Texas, [the Office of State-Federal Relations,] the United States Department of Transportation, the Federal Motor Carrier Safety Administration, and other representatives of state and federal agencies involved in border crossing issues. Chapter 2110 does not apply to the size, composition, or duration of the Border Inspection, Trade, and Transportation Advisory Committee.

(b) The coordinator shall work with the advisory committee and the interagency work group established under Section 772.011 to:

(1) identify problems involved with border truck inspections and related trade and transportation infrastructure; and

(2) develop recommendations for addressing those problems.

(c) The coordinator shall work with the advisory committee and appropriate agencies of Texas, the United States, and Mexico to develop initiatives to mitigate congestion at ports of entry at the Mexican border by conducting in Mexico inspections of trucks entering Texas. In developing the initiatives, the coordinator shall give consideration to similar initiatives proposed or implemented at the border of the United States and Canada.

(d) The coordinator shall report quarterly to the presiding officer of each house of the legislature on the findings and recommendations of the advisory committee.

SECTION 7. Subsection (b), Section 772.011, Government Code, is amended to read as follows:

(b) The work group is composed of the heads of the following agencies or their designees:

(1) the Texas Department of Rural Affairs;

(2) the Texas Department of Housing and Community Affairs;

(3) the Texas Water Development Board;

(4) the Texas Department of Transportation;

(5) the Texas Commission on Environmental Quality;

(6) the Texas Workforce Commission;

(7) the Department of State Health Services;

(8) the Health and Human Services Commission;

(9) the General Land Office;

(10) the Texas Economic Development and Tourism Office;

(11) [the Office of State-Federal Relations;

[(12)] the Texas Higher Education Coordinating Board;

(12) [(13)] the attorney general's office;

(13) [(14)] the secretary of state's office;

(14) [(15)] the Department of Public Safety; and

(15) [(16)] the Railroad Commission of Texas.

SECTION 8. Subsection (d), Section 775.002, Government Code, is amended to read as follows:

(d) The following agencies shall designate an officer or employee of the agency to serve as the agency's liaison for colonia initiatives:

(1) the office of the attorney general;

(2) the Department of State Health Services;

(3) the Texas Department of Housing and Community Affairs;

(4) the Texas Commission on Environmental Quality;

(5) the Texas Water Development Board;

(6) the Texas Department of Rural Affairs;

(7) [the Office of State-Federal Relations;

[(8)] the Texas Department of Insurance; and

(8) [(9)] the Texas Department of Transportation.

SECTION 9. Subsection (b), Section 361.423, Health and Safety Code, is amended to read as follows:

(b) The commission and the comptroller, on an ongoing basis, shall jointly:

(1) identify existing economic and regulatory incentives and disincentives for creating an optimal market development strategy;

(2) analyze or take into consideration the market development implications of:

(A) the state's waste management policies and regulations;

(B) existing and potential markets for plastic, glass, paper, lead-acid batteries, tires, compost, scrap gypsum, coal combustion by-products, and other recyclable materials; and

(C) the state's tax structure and overall economic base;

(3) examine and make policy recommendations regarding the need for changes in or the development of:

(A) economic policies that affect transportation, such as those embodied in freight rate schedules;

(B) tax incentives and disincentives;

(C) the availability of financial capital including grants, loans, and venture capital;

(D) enterprise zones;

(E) managerial and technical assistance;

(F) job-training programs;

(G) strategies for matching market supply and market demand for recyclable materials, including intrastate and interstate coordination;

(H) the state recycling goal;

(I) public-private partnerships;

(J) research and development;

(K) government procurement policies;

(L) educational programs for the public, corporate and regulated communities, and government entities; and

(M) public health and safety regulatory policies;

(4) establish a comprehensive statewide strategy to expand markets for recycled products in Texas;

(5) provide information and technical assistance to small and disadvantaged businesses, business development centers, chambers of commerce, educational institutions, and nonprofit associations on market opportunities in the area of recycling; and

(6) with the cooperation of the office of the governor [Office of State-Federal Relations], assist communities and private entities in identifying state and federal grants pertaining to recycling and solid waste management.

SECTION 10. Subsection (d), Section 132.001, Human Resources Code, is amended to read as follows:

(d) The governor shall submit the agenda to the Texas congressional delegation [and to the Office of State-Federal Relations] and shall annually amend the agenda and rank agenda items. The agenda must identify issues of federal law, rules and regulations, or programs of common concern to different state agencies and programs.

SECTION 11. Subsection (c), Section 344.152, Local Government Code, is amended to read as follows:

(c) The board may seek the assistance of the office of the governor [Office of State-Federal Relations] in identifying and applying for federal grants for fire control, prevention, and emergency medical services programs.

SECTION 12. Subsection (c), Section 363.152, Local Government Code, is amended to read as follows:

(c) The board may seek the assistance of the office of the governor [Office of State-Federal Relations] in identifying and applying for federal grants for criminal justice programs. The board shall notify the appropriate council of government of any intent to submit applications for federal funds and for inclusion in the regional criminal justice planning process.

SECTION 13. Subsection (b), Section 201.053, Transportation Code, is amended to read as follows:

(b) The chair shall:

(1) preside over commission meetings, make rulings on motions and points of order, and determine the order of business;

(2) represent the department in dealing with the governor;

(3) report to the commission the governor's suggestions for department operations;

(4) designate one or more employees of the department as a civil rights division of the department and receive regular reports from the division on the department's efforts to comply with civil rights legislation and administrative rules;

(5) create subcommittees, appoint commissioners to subcommittees, and receive the reports of subcommittees to the commission as a whole;

(6) appoint a commissioner to act in the chair's absence; and

(7) serve as the departmental liaison with the governor [and the Office of State-Federal Relations] to maximize federal funding for transportation.

SECTION 14. Subsection (b), Section 1001.023, Transportation Code, is amended to read as follows:

(b) The chair shall:

(1) preside over board meetings, make rulings on motions and points of order, and determine the order of business;

(2) represent the department in dealing with the governor;

(3) report to the governor on the state of affairs of the department at least quarterly;

(4) report to the board the governor's suggestions for department operations;

(5) report to the governor on efforts, including legislative requirements, to maximize the efficiency of department operations through the use of private enterprise;

(6) periodically review the department's organizational structure and submit recommendations for structural changes to the governor, the board, and the Legislative Budget Board;

(7) designate one or more employees of the department as a civil rights division of the department and receive regular reports from the division on the department's efforts to comply with civil rights legislation and administrative rules;

(8) create subcommittees, appoint board members to subcommittees, and receive the reports of subcommittees to the board as a whole;

(9) appoint a member of the board to act in the absence of the chair and vice chair; and

(10) serve as the departmental liaison with the governor [and the Office of State-Federal Relations] to maximize federal funding for transportation.

SECTION 15. Chapter 751, Government Code, is repealed.

SECTION 16. On January 1, 2014:

(1) the Office of State-Federal Relations is abolished;

(2) all obligations, rights, contracts, records, real and personal property, funds, appropriations, and money of the Office of State-Federal Relations are transferred to the office of the governor;

(3) the executive director of the Office of State-Federal Relations becomes an employee of the office of the governor;

(4) an employee of the Office of State-Federal Relations becomes an employee of the office of the governor; and

(5) a reference in other law to the Office of State-Federal Relations means the office of the governor.

SECTION 17. 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. This Act takes effect January 1, 2014.

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