84R7379 MTB-D

By: Phillips H.B. No. 2203

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Joint Committee to Review the Sunset Advisory Commission.

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

SECTION 1. Subtitle C, Title 3, Government Code, is amended by adding Chapter 327 to read as follows:

CHAPTER 327. JOINT COMMITTEE TO REVIEW THE SUNSET ADVISORY

COMMISSION

Sec. 327.001. DEFINITIONS. In this chapter:

(1) "Committee" means the Joint Committee to Review the Sunset Advisory Commission.

(2) "Executive head of a state agency" means the director, executive director, commissioner, administrator, chief clerk, or other individual who is appointed by the governing body of the state agency or by another state or local officer to act as the chief executive or administrative officer of the agency and who is not an appointed officer.

Sec. 327.002. JOINT COMMITTEE TO REVIEW THE SUNSET ADVISORY COMMISSION. (a) The Joint Committee to Review the Sunset Advisory Commission consists of:

(1) three members of the senate and one public member appointed by the lieutenant governor;

(2) three members of the house of representatives and one public member appointed by the speaker of the house; and

(3) two executive heads of state agencies and one public member appointed by the governor.

(b) The lieutenant governor and the speaker of the house may serve as one of the legislative appointees.

(c) A public member of the committee may not concurrently be serving as a member of the Sunset Advisory Commission.

(d) Not more than one legislative member of the committee from each house may concurrently be serving as a member of the Sunset Advisory Commission.

(e) If a vacancy occurs, the appropriate appointing authority shall appoint a person to serve for the remainder of the unexpired term in the same manner as the original appointment.

(f) The lieutenant governor shall designate one of the committee members appointed by the lieutenant governor to serve as joint chair of the committee. The speaker of the house of representatives shall designate one of the committee members appointed by the speaker to serve as joint chair of the committee.

(g) Each member of the committee is entitled to reimbursement for actual and necessary expenses incurred in performing committee duties. Each legislative member is entitled to reimbursement from the appropriate fund of the member's respective house. Each public member and committee member appointed by the governor is entitled to reimbursement from funds appropriated to the committee.

Sec. 327.003. STAFF. The committee shall employ persons necessary to carry out this chapter through funds made available by the legislature.

Sec. 327.004. COMMITTEE DUTIES. Before December 1, 2016, the committee shall consider whether a public need exists for the continuation of the Sunset Advisory Commission. In making the determination, the committee shall consider:

(1) the efficiency and effectiveness with which the commission operates, including the cost of maintaining the commission and its staff as well as any savings realized by the work of the commission;

(2) the mission and goals intended for the commission and the problem or need that the commission was intended to address;

(3) the extent to which the commission's mission and goals have been achieved and the problem or need has been addressed;

(4) the commission's activities that are authorized by statute and any other commission activity and authority for those activities and the extent to which those activities are needed;

(5) whether less restrictive or alternative methods of performing any function that the commission performs could adequately protect or provide service to the public; and

(6) an assessment of the commission's rulemaking processes and the extent to which the commission has encouraged participation by the public in making its decisions and the extent to which the public participation has resulted in rules that benefit the public.

Sec. 327.005. REPORT TO LEGISLATURE. (a) Not later than December 1, 2016, the committee shall report its findings to the legislature.

(b) In its report to the legislature, the committee shall:

(1) make recommendations on the abolition, continuation, or reorganization of the Sunset Advisory Commission and on the need for the performance of the functions of the commission; and

(2) make recommendations to improve the operations of the Sunset Advisory Commission and its governing body, including management recommendations that do not require a change in the commission's enabling statute.

(c) The committee shall include the estimated fiscal impact of its recommendations and may recommend appropriation levels for the Sunset Advisory Commission.

Sec. 327.006. SUBPOENA POWER. (a) The committee may issue process to compel the attendance of witnesses and the production of books, records, papers, and other objects necessary or proper for the purposes of the committee proceedings. The process may be served on a witness at any place in this state.

(b) If a majority of the committee directs the issuance of a subpoena, a joint chair shall issue the subpoena in the name of the committee.

(c) If both joint chairs are absent, a designee of one of the joint chairs may issue a subpoena or other process in the same manner as the joint chair.

(d) If necessary to obtain compliance with a subpoena or other process, the committee may issue attachments. The attachments may be addressed to and served by any peace officer in this state.

(e) Testimony taken under subpoena must be reduced to writing and given under oath subject to the penalties of perjury.

(f) A witness who attends a committee proceeding under process is entitled to the same mileage and per diem as a witness who appears before a grand jury in this state.

Sec. 327.007. ASSISTANCE OF AND ACCESS TO STATE AGENCIES. (a) The committee may request the assistance of state agencies and officers. When assistance is requested, a state agency or officer shall assist the committee.

(b) In carrying out its functions under this chapter, the committee or its designated staff member may inspect the records, documents, and files of any state agency.

Sec. 327.008. RECORDS PROTECTED FROM DISCLOSURE. (a) A working paper, including all documentary or other information, prepared or maintained by the committee staff in performing its duties under this chapter or other law to conduct an evaluation and prepare a report is excepted from the public disclosure requirements of Section 552.021.

(b) A record held by another entity that is considered to be confidential by law and that the committee receives in connection with the performance of the committee's functions under this chapter or another law remains confidential and is excepted from the public disclosure requirements of Section 552.021.

Sec. 327.009. EXPIRATION. This chapter expires January 1, 2017.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2015.