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A BILL TO BE ENTITLED
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AN ACT
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relating to the sunset review process and certain governmental |
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entities subject to that process. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. ENTITIES GIVEN 2021 SUNSET DATE |
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SECTION 1.01. TEXAS A&M FOREST SERVICE. Section 88.1016, |
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Education Code, is amended to read as follows: |
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Sec. 88.1016. SUNSET PROVISION. The Texas A&M Forest |
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Service is subject to Chapter 325, Government Code (Texas Sunset |
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Act). Unless continued in existence as provided by that chapter, |
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the Texas A&M Forest Service is abolished September 1, 2021 [2023]. |
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SECTION 1.02. TEACHER RETIREMENT SYSTEM OF TEXAS. Section |
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825.006, Government Code, is amended to read as follows: |
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Sec. 825.006. SUNSET PROVISION. The board of trustees of |
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the Teacher Retirement System of Texas is subject to review under |
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Chapter 325 (Texas Sunset Act), but is not abolished under that |
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chapter. The board shall be reviewed during the period in which |
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state agencies abolished in 2021 [2025], and every 12th year after |
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that year, are reviewed. |
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SECTION 1.03. CANCER PREVENTION AND RESEARCH INSTITUTE OF |
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TEXAS. Section 102.003, Health and Safety Code, is amended to read |
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as follows: |
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Sec. 102.003. SUNSET PROVISION. The Cancer Prevention and |
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Research Institute of Texas is subject to Chapter 325, Government |
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Code (Texas Sunset Act). Unless continued in existence as provided |
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by that chapter, the institute is abolished and this chapter |
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expires September 1, 2021 [2023]. |
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SECTION 1.04. TEXAS RACING COMMISSION. Section |
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2021.008(a), Occupations Code, as effective April 1, 2019, is |
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amended to read as follows: |
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(a) The commission is subject to Chapter 325, Government |
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Code (Texas Sunset Act). Unless continued in existence as provided |
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by that chapter, and except as provided by Subsections (b) and (c), |
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the commission is abolished and this subtitle expires September 1, |
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2021 [2023]. |
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ARTICLE 2. ENTITIES GIVEN 2023 SUNSET DATE |
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SECTION 2.01. LIMITED REVIEW OF THE DEPARTMENT OF FAMILY |
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AND PROTECTIVE SERVICES. Section 531.0206(a), Government Code, is |
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amended to read as follows: |
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(a) The Sunset Advisory Commission shall conduct a |
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limited-scope review of the commission during the state fiscal |
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biennium ending August 31, 2023, in the manner provided by Chapter |
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325 (Texas Sunset Act). The review must provide: |
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(1) an update on the commission's progress with |
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respect to the consolidation of the health and human services |
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system mandated by this subchapter, including the commission's |
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compliance with the transition plan required under Section |
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531.0204; |
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(2) an evaluation and recommendations regarding the |
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need to continue the Department of State Health Services as a state |
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agency separate from the commission; |
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(3) an evaluation and recommendations regarding the |
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need to continue the Department of Family and Protective Services |
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as a state agency separate from the commission; and |
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(4) [(3)] any additional information the Sunset |
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Advisory Commission determines appropriate, including information |
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regarding any additional organizational changes the Sunset |
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Advisory Commission recommends. |
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SECTION 2.02. OFFICE OF INSPECTOR GENERAL, HEALTH AND HUMAN |
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SERVICES COMMISSION. (a) Section 531.102, Government Code, is |
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amended by adding Subsection (y) to read as follows: |
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(y) The Sunset Advisory Commission shall conduct a |
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special-purpose review of the overall performance of the |
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commission's office of inspector general. In conducting the |
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review, the Sunset Advisory Commission shall particularly focus on |
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the office's investigations and the effectiveness and efficiency of |
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the office's processes. The review shall be conducted during the |
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period in which state agencies abolished in 2023 are reviewed. The |
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office is not abolished solely because the office is not explicitly |
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continued following the review required by this subsection. This |
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subsection expires September 1, 2023. |
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(b) Section 14, Chapter 945 (S.B. 207), Acts of the 84th |
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Legislature, Regular Session, 2015, is repealed. |
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SECTION 2.03. TEXAS INVASIVE SPECIES COORDINATING |
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COMMITTEE. Section 776.007(a), Government Code, is amended to read |
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as follows: |
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(a) The committee is subject to Chapter 325 (Texas Sunset |
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Act). Unless continued in existence as provided by that chapter, |
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the committee is abolished and this chapter expires September 1, |
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2023 [2021]. |
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SECTION 2.04. TEXAS JUVENILE JUSTICE BOARD AND TEXAS |
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JUVENILE JUSTICE DEPARTMENT. Section 202.010, Human Resources |
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Code, is amended to read as follows: |
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Sec. 202.010. SUNSET PROVISION. The Texas Juvenile Justice |
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Board and the Texas Juvenile Justice Department are subject to |
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Chapter 325, Government Code (Texas Sunset Act). Unless continued |
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in existence as provided by that chapter, the board and the |
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department are abolished September 1, 2023 [2021]. |
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SECTION 2.05. DIVISION OF WORKERS' COMPENSATION, TEXAS |
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DEPARTMENT OF INSURANCE. Section 31.004(b), Insurance Code, is |
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amended to read as follows: |
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(b) Unless continued as provided by Chapter 325, Government |
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Code, the duties of the division of workers' compensation of the |
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Texas Department of Insurance under Title 5, Labor Code, expire |
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September 1, 2023 [2021], or another date designated by the |
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legislature. |
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SECTION 2.06. OFFICE OF INJURED EMPLOYEE COUNSEL. Section |
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404.003, Labor Code, is amended to read as follows: |
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Sec. 404.003. SUNSET PROVISION. The office of injured |
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employee counsel is subject to Chapter 325, Government Code (Texas |
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Sunset Act). Unless continued in existence as provided by that |
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chapter, the office is abolished and this chapter expires September |
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1, 2023 [2021]. |
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SECTION 2.07. UPPER GUADALUPE RIVER AUTHORITY. Section |
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1A(a), Chapter 5, page 1062, Special Laws, Acts of the 46th |
|
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Legislature, Regular Session, 1939, is amended to read as follows: |
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(a) The District is subject to review under Chapter 325, |
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Government Code (Texas Sunset Act), but may not be abolished under |
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that chapter. The review shall be conducted under Section 325.025, |
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Government Code, as if the District were a state agency scheduled to |
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be abolished September 1, 2023 [2021], and every 12th year after |
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that year. |
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ARTICLE 3. ENTITIES GIVEN 2025 SUNSET DATE |
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SECTION 3.01. STATE COMMISSION ON JUDICIAL CONDUCT. |
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Section 33.003, Government Code, is amended to read as follows: |
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Sec. 33.003. SUNSET PROVISION. The State Commission on |
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Judicial Conduct is subject to review under Chapter 325 (Texas |
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Sunset Act), but is not abolished under that chapter. The |
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commission shall be reviewed during the period in which state |
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agencies abolished in 2025, [2023] and every 12th year after that |
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year, [2023] are reviewed. |
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SECTION 3.02. JUDICIAL BRANCH CERTIFICATION COMMISSION. |
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Section 152.001, Government Code, is amended to read as follows: |
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Sec. 152.001. SUNSET PROVISION. The Judicial Branch |
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Certification Commission is subject to Chapter 325 (Texas Sunset |
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Act), but is not abolished under that chapter. The commission shall |
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be reviewed during the period in which state agencies abolished in |
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2025, [2023] and every 12th year after that year, [2023] are |
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reviewed. |
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SECTION 3.03. TEXAS BOARD OF CRIMINAL JUSTICE AND TEXAS |
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DEPARTMENT OF CRIMINAL JUSTICE. Section 492.012, Government Code, |
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is amended to read as follows: |
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Sec. 492.012. SUNSET PROVISION. The Texas Board of |
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Criminal Justice and the Texas Department of Criminal Justice are |
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subject to Chapter 325 (Texas Sunset Act). Unless continued in |
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existence as provided by that chapter, the board and the department |
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are abolished September 1, 2025 [2021]. |
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SECTION 3.04. DEPARTMENT OF INFORMATION RESOURCES. Section |
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2054.005(a), Government Code, is amended to read as follows: |
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(a) The Department of Information Resources is subject to |
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Chapter 325 (Texas Sunset Act). Unless continued in existence as |
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provided by that chapter, the department is abolished and this |
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chapter expires September 1, 2025 [2021]. |
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SECTION 3.05. ANGELINA AND NECHES RIVER AUTHORITY. Section |
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8501.0015(a), Special District Local Laws Code, is amended to read |
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as follows: |
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(a) The authority is subject to review under Chapter 325, |
|
|
Government Code (Texas Sunset Act), but may not be abolished under |
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|
that chapter. The review shall be conducted under Section 325.025, |
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Government Code, as if the authority were a state agency scheduled |
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to be abolished September 1, 2025 [2023], and every 12th year after |
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that year. |
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SECTION 3.06. LOWER NECHES VALLEY AUTHORITY. Section |
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|
8504.0021(a), Special District Local Laws Code, is amended to read |
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|
as follows: |
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(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 |
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to be abolished September 1, 2025 [2021], and every 12th year after |
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that year. |
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SECTION 3.07. PUBLIC UTILITY COMMISSION OF TEXAS. Section |
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12.005, Utilities Code, is amended to read as follows: |
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Sec. 12.005. APPLICATION OF SUNSET ACT. The Public Utility |
|
|
Commission of Texas is subject to Chapter 325, Government Code |
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(Texas Sunset Act). Unless continued in existence as provided by |
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that chapter or by Chapter 39, the commission is abolished and this |
|
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title expires September 1, 2025 [2023]. |
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SECTION 3.08. OFFICE OF PUBLIC UTILITY COUNSEL. Section |
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13.002, Utilities Code, is amended to read as follows: |
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Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of |
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Public Utility Counsel is subject to Chapter 325, Government Code |
|
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(Texas Sunset Act). Unless continued in existence as provided by |
|
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that chapter, the office is abolished and this chapter expires |
|
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September 1, 2025 [2023]. |
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SECTION 3.09. TRINITY RIVER AUTHORITY OF TEXAS. Section |
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1A(a), Chapter 518, Acts of the 54th Legislature, Regular Session, |
|
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1955, is amended to read as follows: |
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(a) The Authority is subject to review under Chapter 325, |
|
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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, 2025 [2023], and every 12th year after |
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that year. |
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ARTICLE 4. ENTITIES GIVEN 2027 SUNSET DATE |
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SECTION 4.01. TEXAS EDUCATION AGENCY. Section 7.004, |
|
|
Education Code, is amended to read as follows: |
|
|
Sec. 7.004. SUNSET PROVISION. The Texas Education Agency |
|
|
is subject to Chapter 325, Government Code (Texas Sunset Act). |
|
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Unless continued in existence as provided by that chapter, the |
|
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agency is abolished September 1, 2027 [2025]. |
|
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SECTION 4.02. EXPANDED LEARNING OPPORTUNITIES COUNCIL. |
|
|
Section 33.254, Education Code, is amended to read as follows: |
|
|
Sec. 33.254. SUNSET PROVISION. The council is subject to |
|
|
Chapter 325, Government Code (Texas Sunset Act). Unless continued |
|
|
in existence as provided by that chapter, the council is abolished |
|
|
and this subchapter expires September 1, 2027 [2023]. |
|
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SECTION 4.03. TEXAS CIVIL COMMITMENT OFFICE. Section |
|
|
420A.004, Government Code, is amended to read as follows: |
|
|
Sec. 420A.004. SUNSET PROVISION. The Texas Civil |
|
|
Commitment Office is subject to Chapter 325 (Texas Sunset Act). |
|
|
Unless continued in existence as provided by that chapter, the |
|
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office is abolished and this chapter expires September 1, 2027 |
|
|
[2023]. |
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SECTION 4.04. 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 |
|
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2157.121, expires September 1, 2027 [2021]. |
|
|
SECTION 4.05. MATERNAL MORTALITY AND MORBIDITY TASK FORCE. |
|
|
Section 34.018, Health and Safety Code, is amended to read as |
|
|
follows: |
|
|
Sec. 34.018. SUNSET PROVISION. The task force is subject to |
|
|
Chapter 325, Government Code (Texas Sunset Act). Unless continued |
|
|
in existence as provided by that chapter, the task force is |
|
|
abolished and this chapter expires September 1, 2027 [2023]. |
|
|
SECTION 4.06. PUBLIC HEALTH FUNDING AND POLICY COMMITTEE. |
|
|
Section 117.002, Health and Safety Code, is amended to read as |
|
|
follows: |
|
|
Sec. 117.002. APPLICATION OF SUNSET ACT. The Public Health |
|
|
Funding and Policy Committee is subject to Chapter 325, Government |
|
|
Code (Texas Sunset Act). Unless continued in existence as provided |
|
|
by that chapter, the committee is abolished and this chapter |
|
|
expires September 1, 2027 [2023]. |
|
|
SECTION 4.07. PERINATAL ADVISORY COUNCIL. Section |
|
|
241.187(l), Health and Safety Code, is amended to read as follows: |
|
|
(l) The advisory council is subject to Chapter 325, |
|
|
Government Code (Texas Sunset Act). Unless continued in existence |
|
|
as provided by that chapter, the advisory council is abolished and |
|
|
this section expires September 1, 2027 [2025]. |
|
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SECTION 4.08. DEPARTMENT OF STATE HEALTH SERVICES. Section |
|
|
1001.003, Health and Safety Code, is amended to read as follows: |
|
|
Sec. 1001.003. SUNSET PROVISION. The Department of State |
|
|
Health Services is subject to Chapter 325, Government Code (Texas |
|
|
Sunset Act). Unless continued in existence as provided by that |
|
|
chapter, the department is abolished and this chapter expires |
|
|
September 1, 2027 [2023]. |
|
|
SECTION 4.09. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. |
|
|
Section 40.003, Human Resources Code, is amended to read as |
|
|
follows: |
|
|
Sec. 40.003. SUNSET PROVISION. The Department of Family |
|
|
and Protective Services is subject to Chapter 325, Government Code |
|
|
(Texas Sunset Act). Unless continued in existence as provided by |
|
|
that chapter, the department is abolished and this chapter expires |
|
|
September 1, 2027 [2023]. |
|
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SECTION 4.10. STATE USE PROGRAM, TEXAS WORKFORCE |
|
|
COMMISSION. Section 122.0012(b), Human Resources Code, is amended |
|
|
to read as follows: |
|
|
(b) The Texas Workforce Commission's authority to |
|
|
administer and oversee the program administered under this chapter |
|
|
is subject to Chapter 325, Government Code (Texas Sunset Act). |
|
|
Notwithstanding any other law, that authority expires September 1, |
|
|
2027 [2021], unless continued in existence as provided by Chapter |
|
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325, Government Code. |
|
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SECTION 4.11. SABINE RIVER AUTHORITY OF TEXAS. Section |
|
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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, 2027 [2023], and every 12th year after |
|
|
that year. |
|
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ARTICLE 5. ENTITY GIVEN 2029 SUNSET DATE |
|
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SECTION 5.01. TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM. |
|
|
Section 865.0011, Government Code, is amended to read as follows: |
|
|
Sec. 865.0011. SUNSET REVIEW. The state board of the |
|
|
pension system is subject to review under Chapter 325 (Texas Sunset |
|
|
Act) but is not abolished under that chapter. The state board shall |
|
|
be reviewed during the period in which state agencies scheduled to |
|
|
be abolished in 2029 [2025], and every 12th year after that year, |
|
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are reviewed. |
|
|
ARTICLE 6. ENTITIES REMOVED FROM SPECIFIC SUNSET REVIEW |
|
|
SECTION 6.01. REGIONAL EDUCATION SERVICE CENTERS. The |
|
|
following laws are repealed: |
|
|
(1) Section 8.010, Education Code; and |
|
|
(2) Section 2(b), Chapter 916 (S.B. 1404), Acts of the |
|
|
85th Legislature, Regular Session, 2017. |
|
|
SECTION 6.02. EVALUATION OF STATE PROCUREMENT SYSTEM. |
|
|
Section 2151.0042, Government Code, is repealed. |
|
|
SECTION 6.03. STATE USE PROGRAM, TEXAS COMPTROLLER OF |
|
|
PUBLIC ACCOUNTS. Section 122.0012(a), Human Resources Code, is |
|
|
repealed. |
|
|
SECTION 6.04. INTERMUNICIPAL COMMUTER RAIL DISTRICTS. |
|
|
Section 173.005, Transportation Code, is repealed. |
|
|
ARTICLE 7. SUNSET REVIEW PROCESS |
|
|
SECTION 7.01. 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 7.02. SUNSET ADVISORY COMMISSION. Section 325.003, |
|
|
Government Code, is amended by amending Subsection (a) and adding |
|
|
Subsection (a-1) 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. |
|
|
(a-1) A public member acts on behalf of the legislature when |
|
|
participating on the commission in furtherance of the legislature's |
|
|
duty to provide oversight of executive branch agencies' |
|
|
implementation of legislative priorities. |
|
|
SECTION 7.03. RECOMMENDATIONS. Section 325.0126, |
|
|
Government Code, is amended to read as follows: |
|
|
Sec. 325.0126. MONITORING OF RECOMMENDATIONS. During each |
|
|
legislative session, the staff of the commission shall: |
|
|
(1) monitor legislation affecting agencies that have |
|
|
undergone sunset review immediately before the legislative |
|
|
session; |
|
|
(2) notify [and shall periodically report to] the |
|
|
members of the commission about any amendment to the legislation |
|
|
prepared under Section 325.012(c) that modifies the commission's |
|
|
[on proposed changes which would modify prior] recommendations for |
|
|
a state agency; and |
|
|
(3) provide legislative services to support the |
|
|
passage of the legislation prepared under Section 325.012(c) [of
|
|
|
the commission]. |
|
|
ARTICLE 8. EFFECTIVE DATE |
|
|
SECTION 8.01. 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, 2019. |