85R20102 MCK-D

By: Gonzales of Williamson H.B. No. 3302

Substitute the following for H.B. No. 3302:

By: Cook C.S.H.B. No. 3302

A BILL TO BE ENTITLED

AN ACT

relating to the sunset review process and certain governmental entities subject to that process.

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

ARTICLE 1. ENTITIES GIVEN 2019 SUNSET DATE

SECTION 1.01. BANDERA COUNTY RIVER AUTHORITY AND GROUNDWATER DISTRICT. Section 1A(a), Chapter 629, Acts of the 62nd Legislature, Regular Session, 1971, is amended to read as follows:

(a) The district is subject to review under Chapter 325, Government Code (Texas Sunset Act), but may not be abolished under that chapter. The review shall be conducted under Section 325.025, Government Code, as if the district were a state agency scheduled to be abolished September 1, 2019 [2023], and every 12th year after that year.

SECTION 1.02. LAVACA-NAVIDAD RIVER AUTHORITY. Section 1A(a), Chapter 186, Acts of the 50th Legislature, Regular Session, 1947, is amended to read as follows:

(a) The District is subject to review under Chapter 325, Government Code (Texas Sunset Act), but may not be abolished under that chapter. The review shall be conducted under Section 325.025, Government Code, as if the District were a state agency scheduled to be abolished September 1, 2019 [2023], and every 12th year after that year.

SECTION 1.03. UPPER GUADALUPE RIVER AUTHORITY. Section 1A(a), Chapter 5, page 1062, Special Laws, Acts of the 46th Legislature, Regular Session, 1939, is amended to read as follows:

(a) The District is subject to review under Chapter 325, Government Code (Texas Sunset Act), but may not be abolished under that chapter. The review shall be conducted under Section 325.025, Government Code, as if the District were a state agency scheduled to be abolished September 1, 2019 [2021], and every 12th year after that year.

ARTICLE 2. ENTITIES GIVEN 2021 SUNSET DATE

SECTION 2.01. TEXAS COMMISSION OF LICENSING AND REGULATION AND TEXAS DEPARTMENT OF LICENSING AND REGULATION. Section 51.002, Occupations Code, is amended to read as follows:

Sec. 51.002. APPLICATION OF SUNSET ACT. The Texas Commission of Licensing and Regulation and the Texas Department of Licensing and Regulation are subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission and the department are abolished September 1, 2021 [2019].

SECTION 2.02. TEXAS STATE BOARD OF PLUMBING EXAMINERS. Section 1301.003, Occupations Code, is amended to read as follows:

Sec. 1301.003. APPLICATION OF SUNSET ACT. The Texas State Board of Plumbing Examiners is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2021 [2019].

SECTION 2.03. NUECES RIVER AUTHORITY. Section 1.02A(a), Chapter 427, Acts of the 44th Legislature, 1st Called Session, 1935, is amended to read as follows:

(a) The authority is subject to review under Chapter 325, Government Code (Texas Sunset Act), but may not be abolished under that chapter. The review shall be conducted under Section 325.025, Government Code, as if the authority were a state agency scheduled to be abolished September 1, 2021 [2019], and every 12th year after that year.

SECTION 2.04. SAN ANTONIO RIVER AUTHORITY. Section 1-a(a), Chapter 276, Acts of the 45th Legislature, Regular Session, 1937, is amended to read as follows:

(a) The District is subject to review under Chapter 325, Government Code (Texas Sunset Act), but may not be abolished under that chapter. The review shall be conducted under Section 325.025, Government Code, as if the District were a state agency scheduled to be abolished September 1, 2021 [2023], and every 12th year after that year.

SECTION 2.05. TRINITY RIVER AUTHORITY OF TEXAS. Section 1A(a), Chapter 518, Acts of the 54th Legislature, Regular Session, 1955, is amended to read as follows:

(a) The Authority is subject to review under Chapter 325, Government Code (Texas Sunset Act), but may not be abolished under that chapter. The review shall be conducted under Section 325.025, Government Code, as if the Authority were a state agency scheduled to be abolished September 1, 2021 [2023], and every 12th year after that year.

ARTICLE 3. ENTITIES GIVEN 2023 SUNSET DATE

SECTION 3.01. LOWER NECHES VALLEY AUTHORITY. Section 8504.0021(a), Special District Local Laws Code, is amended to read as follows:

(a) The authority is subject to review under Chapter 325, Government Code (Texas Sunset Act), but may not be abolished under that chapter. The review shall be conducted under Section 325.025, Government Code, as if the authority were a state agency scheduled to be abolished September 1, 2023 [2021], and every 12th year after that year.

SECTION 3.02. RED RIVER AUTHORITY OF TEXAS. Section 1A(a), Chapter 279, Acts of the 56th Legislature, Regular Session, 1959, is amended to read as follows:

(a) The Authority is subject to review under Chapter 325, Government Code (Texas Sunset Act), but may not be abolished under that chapter. The review shall be conducted under Section 325.025, Government Code, as if the Authority were a state agency scheduled to be abolished September 1, 2023 [2019], and every 12th year after that year.

SECTION 3.03. SABINE RIVER AUTHORITY OF TEXAS. Section 2A(a), Chapter 110, Acts of the 51st Legislature, Regular Session, 1949, is amended to read as follows:

(a) The district is subject to review under Chapter 325, Government Code (Texas Sunset Act), but may not be abolished under that chapter. The review shall be conducted under Section 325.025, Government Code, as if the district were a state agency scheduled to be abolished September 1, 2023 [2021], and every 12th year after that year.

ARTICLE 4. ENTITIES GIVEN 2025 SUNSET DATE

SECTION 4.01. OFFICE OF STATE-FEDERAL RELATIONS. Section 751.003, Government Code, is amended to read as follows:

Sec. 751.003. SUNSET PROVISION. The Office of State-Federal Relations is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the office is abolished and this chapter expires September 1, 2025 [2021].

SECTION 4.02. TEACHER RETIREMENT SYSTEM OF TEXAS. Section 825.006, Government Code, is amended to read as follows:

Sec. 825.006. SUNSET PROVISION. The board of trustees of the Teacher Retirement System of Texas is subject to review under Chapter 325 (Texas Sunset Act), but is not abolished under that chapter. The board shall be reviewed during the period in which state agencies abolished in 2025 [2019], and every 12th year after that year, are reviewed.

SECTION 4.03. TEXAS FACILITIES COMMISSION. Section 2152.002, Government Code, is amended to read as follows:

Sec. 2152.002. SUNSET PROVISION. The Texas Facilities Commission is subject to Chapter 325 (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this subtitle, except for Chapter 2170 and Section 2157.121, expires September 1, 2025 [2021].

SECTION 4.04. TEXAS REAL ESTATE COMMISSION. Section 1101.006, Occupations Code, is amended to read as follows:

Sec. 1101.006. APPLICATION OF SUNSET ACT. The Texas Real Estate Commission is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the commission is abolished and this chapter, Chapter 1102, and Chapter 1303 of this code and Chapter 221, Property Code, expire September 1, 2025 [2019].

SECTION 4.05. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD. Section 1103.006, Occupations Code, is amended to read as follows:

Sec. 1103.006. APPLICATION OF SUNSET ACT. The Texas Appraiser Licensing and Certification Board is subject to Chapter 325, Government Code (Texas Sunset Act). Unless continued in existence as provided by that chapter, the board is abolished and this chapter and Chapter 1104 expire September 1, 2025 [2019].

ARTICLE 5. ENTITIES REMOVED FROM SPECIFIC SUNSET REVIEW

SECTION 5.01. REGIONAL EDUCATION SERVICE CENTERS. Section 8.010, Education Code, is repealed.

SECTION 5.02. MATERNAL MORTALITY AND MORBIDITY TASK FORCE. Section 34.018, Health and Safety Code, is repealed.

SECTION 5.03. PALLIATIVE CARE INTERDISCIPLINARY ADVISORY COUNCIL. Section 118.003, Health and Safety Code, is repealed.

SECTION 5.04. PERINATAL ADVISORY COUNCIL. Section 241.187(l), Health and Safety Code, is repealed.

SECTION 5.05. TEXAS WINDSTORM INSURANCE ASSOCIATION. Section 2210.002, Insurance Code, is amended to read as follows:

Sec. 2210.002. SHORT TITLE[; SUNSET PROVISION]. [(a)] This chapter may be cited as the Texas Windstorm Insurance Association Act.

[(b) The association is subject to review under Chapter 325, Government Code (Texas Sunset Act), but is not abolished under that chapter. The association shall be reviewed during the period in which state agencies abolished in 2019 are reviewed. The association shall pay the costs incurred by the Sunset Advisory Commission in performing the review of the association under this subsection. The Sunset Advisory Commission shall determine the costs of the review performed under this subsection, and the association shall pay the amount of those costs promptly on receipt of a statement from the Sunset Advisory Commission regarding those costs. This subsection expires September 1, 2019.]

ARTICLE 6. SUNSET REVIEW PROCESS

SECTION 6.01. DEFINITIONS. Section 325.002(1), Government Code, is amended to read as follows:

(1) "State agency" means an entity [agency] expressly made subject to this chapter.

SECTION 6.02. SUNSET ADVISORY COMMISSION. Section 325.003(a), Government Code, is amended to read as follows:

(a) The Sunset Advisory Commission is a legislative agency that consists of five members of the senate and one public member appointed by the lieutenant governor and five members of the house of representatives and one public member appointed by the speaker of the house. The lieutenant governor and the speaker of the house may serve as one of the legislative appointees.

SECTION 6.03. COMMISSION DUTIES. Section 325.008(a), Government Code, is amended to read as follows:

(a) Before January 1 of the year in which a state agency subject to this chapter and its advisory committees are abolished, the commission shall:

(1) review and take action necessary to verify the reports submitted by the agency under Section 325.007;

(2) consult the Legislative Budget Board, the Governor's Budget, Policy, and Planning Division, the State Auditor, and the comptroller of public accounts, or their successors, on the application to the agency of the criteria provided in Section 325.011;

(3) conduct a review of the agency based on the criteria provided in Section 325.011 and prepare a written report; and

(4) review the implementation of commission recommendations contained in the reports presented to the legislature during the preceding legislative session and the resulting legislation and prepare a written report.

SECTION 6.04. RECOMMENDATIONS. Section 325.012(c), Government Code, is amended to read as follows:

(c) The commission shall have drafts of legislation prepared to carry out the commission's recommendations under this section. The commission staff shall provide legislative services to support the passage of legislation prepared under this section.

SECTION 6.05. RECORDS PROTECTED FROM DISCLOSURE. Section 325.0195, Government Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) A working paper, including all documentary or other information, prepared or maintained by the commission staff in performing its duties under this chapter or other law to conduct an evaluation, [and] prepare a report, draft legislation, or provide legislative services is privileged and confidential and not subject to discovery or subpoena, and is excepted from the public disclosure requirements of Section 552.021.

(a-1) Any record or communication that is held by a state agency being reviewed under this chapter that is either prepared for the commission by the state agency or provided to the state agency by the commission is confidential and excepted from the public disclosure requirements of Section 552.021. If information or data within a record or communication made confidential under this subsection is also maintained in another record, that other record is not made confidential or excepted from public disclosure by this subsection.

SECTION 6.06. REPEALER. Sections 325.020 and 325.0123(a), Government Code, are repealed.

ARTICLE 7. EFFECTIVE DATE

SECTION 7.01. EFFECTIVE DATE. 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, 2017.