85R15986 AAF-D

By: Birdwell S.B. No. 526

(Capriglione, Shaheen)

Substitute the following for S.B. No. 526: No.

A BILL TO BE ENTITLED

AN ACT

relating to the abolishment of certain advisory committees and other state entities.

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

SECTION 1. RESIDENTIAL MORTGAGE FRAUD TASK FORCE. (a) The residential mortgage fraud task force is abolished.

(b) Section 402.033, Government Code, is amended by amending Subsection (b) and adding Subsection (d) to read as follows:

(b) If a person determines or reasonably suspects that fraudulent activity has been committed or is about to be committed, the person shall report the information to an authorized governmental agency. If a person reports the information to the attorney general, the attorney general shall notify an appropriate law enforcement agency with jurisdiction to investigate the fraudulent activity [each agency with representation on the residential mortgage fraud task force under Section 402.032]. If a financial institution or person voluntarily or pursuant to this section reports fraudulent activity to an authorized governmental agency, the financial institution or person may not notify any person involved in the fraudulent activity that the fraudulent activity has been reported, and the authorized governmental agency who has any knowledge that such report was made shall not disclose to any person involved in the fraudulent activity that the fraudulent activity has been reported. Any financial institution or person that makes a voluntary report of any possible violation of law or regulation to an authorized governmental agency shall not be liable to any person under any law or regulation of the state or the United States for such report.

(d) An authorized governmental agency may share confidential information or information to which access is otherwise restricted by law with one or more other authorized governmental agencies. Except as provided by this subsection, confidential information that is shared under this subsection remains confidential and legal restrictions on access to the information apply.

(c) Section 402.032, Government Code, is repealed.

SECTION 2. ADVISORY OVERSIGHT COMMUNITY OUTREACH COMMITTEE. (a) The Advisory Oversight Community Outreach Committee is abolished.

(b) Section 411.0197, Government Code, is repealed.

SECTION 3. RAIN HARVESTING AND WATER RECYCLING TASK FORCE. (a) The task force under Section 2113.301(h), Government Code, as repealed by this section, is abolished.

(b) Section 2113.301(h), Government Code, is repealed.

SECTION 4. STATE COGENERATION COUNCIL. (a) The State Cogeneration Council is abolished. All rules adopted by the State Cogeneration Council are abolished.

(b) Section 2302.024, Government Code, is amended to read as follows:

Sec. 2302.024. AUTHORITY TO SELL POWER. A [(a) After the council has approved the application to construct or operate a cogeneration facility, a] cogenerating state agency may contract in the same manner as a qualifying facility for the sale to an electric utility of firm or nonfirm power produced by the state agency cogeneration facility that exceeds the agency's power requirements.

[(b) A cogenerating state agency may consult with the council about the price or other terms of a contract entered under this section.]

(c) The following provisions of the Government Code are repealed:

(1) Section 2302.001(3);

(2) Sections 2302.002, 2302.003, 2302.004, 2302.005, 2302.006, and 2302.007;

(3) Section 2302.021(a); and

(4) Section 2302.022.

SECTION 5. INFORMATION RESOURCES STEERING COMMITTEE. (a) The information resources steering committee is abolished.

(b) Section 231.013, Family Code, is repealed.

SECTION 6. PREMARITAL EDUCATION HANDBOOK ADVISORY COMMITTEE. (a) The advisory committee under Section 2.014(d), Family Code, as repealed by this section, is abolished.

(b) Section 2.014(d), Family Code, is repealed.

SECTION 7. INDEPENDENT REVIEW ORGANIZATION ADVISORY GROUP. (a) The advisory group under Section 4202.011, Insurance Code, as repealed by this section, is abolished.

(b) Section 4202.011, Insurance Code, is repealed.

SECTION 8. VEHICLE PROTECTION PRODUCT WARRANTOR ADVISORY BOARD. (a) The Vehicle Protection Product Warrantor Advisory Board is abolished.

(b) Subchapter C, Chapter 2306, Occupations Code, is repealed.

SECTION 9. ALTERNATIVE FUELS COUNCIL. (a) The Alternative Fuels Council is abolished.

(b) On the effective date of this Act, a rule, form, policy, procedure, or decision of the Alternative Fuels Council continues in effect as a rule, form, policy, procedure, or decision of the comptroller of public accounts until superseded or repealed by an act of the comptroller.

(c) A vehicle or other property to which Section 113.290, Natural Resources Code, as repealed by this section, applied may be transferred to another person.

(d) Section 1232.106, Government Code, is amended to read as follows:

Sec. 1232.106. EVALUATION OF APPLICATION FOR ASSISTANCE WITH ALTERNATIVE FUEL PROJECTS. (a) The comptroller [Alternative Fuels Council] shall evaluate an application by an eligible entity for the financing under Section 1232.104 of the acquisition, construction, or improvement of alternative fuels infrastructure and shall determine whether the proposed project will increase energy or cost savings to the applicant.

(b) The authority may not issue an obligation under Section 1232.104 unless the comptroller [Alternative Fuels Council] certifies that the proposed project will increase energy or cost savings to the applicant.

(c) The comptroller [Alternative Fuels Council] by rule may adopt procedures and standards for the evaluation of an application for the financing of a proposed project under Section 1232.104.

(e) Subchapter J, Chapter 113, Natural Resources Code, is repealed.

SECTION 10. QUALIFIED AGRICULTURAL LAND AND QUALIFIED TIMBER LAND PROPERTY TAX VALUATION MANUALS APPROVAL COMMITTEES. (a) The committees under Sections 23.52(d) and 23.73(b), Tax Code, before amendment by this section, are abolished.

(b) Section 23.52(d), Tax Code, is amended to read as follows:

(d) The comptroller by rule shall develop and distribute to each appraisal office appraisal manuals setting forth this method of appraising qualified open-space land, and each appraisal office shall use the appraisal manuals in appraising qualified open-space land. The comptroller by rule shall develop and the appraisal office shall enforce procedures to verify that land meets the conditions contained in Subdivision (1) of Section 23.51 [of this code]. The rules, before taking effect, must be approved by the comptroller with the review and counsel of the Department of Agriculture [a majority vote of a committee comprised of the following officials or their designees: the governor, the comptroller, the attorney general, the agriculture commissioner, and the Commissioner of the General Land Office].

(c) Section 23.73(b), Tax Code, is amended to read as follows:

(b) The comptroller by rule shall develop and distribute to each appraisal office appraisal manuals setting forth this method of appraising qualified timber land, and each appraisal office shall use the appraisal manuals in appraising qualified timber land. The comptroller by rule shall develop and the appraisal office shall enforce procedures to verify that land meets the conditions contained in Section 23.72 [of this code]. The rules, before taking effect, must be approved by the comptroller with the review and counsel of the Texas A&M Forest Service [majority vote of a committee comprised of the following officials or their designees: the governor, the comptroller, the attorney general, the agriculture commissioner, and the Commissioner of the General Land Office].

SECTION 11. COMMUNITIES IN SCHOOLS ADVISORY COMMITTEE. (a) The Communities in Schools advisory committee is abolished.

(b) Section 16, Chapter 1156 (H.B. 2879), Acts of the 77th Legislature, Regular Session, 2001, is repealed.

SECTION 12. EFFECTIVE DATE. This Act takes effect September 1, 2017.