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A BILL TO BE ENTITLED
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AN ACT
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relating to certain provisions applicable to state agencies subject |
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to review by the Sunset Advisory Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 325, Government Code, is amended by |
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designating Sections 325.001 through 325.025 as Subchapter A and |
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adding a subchapter heading to read as follows: |
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SUBCHAPTER A. SUNSET ADVISORY COMMISSION AND SUNSET REVIEW PROCESS |
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SECTION 2. Chapter 325, Government Code, is amended by |
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adding Subchapter B to read as follows: |
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SUBCHAPTER B. GENERAL PROVISIONS FOR STATE AGENCIES |
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Sec. 325.051. APPLICABILITY; CONFLICTS. (a) This |
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subchapter applies to a state agency subject to review by the |
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commission under this chapter. |
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(b) To the extent of any conflict between this subchapter |
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and any law relating to a state agency subject to review by the |
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commission under this chapter, this subchapter controls. |
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Sec. 325.052. PUBLIC MEMBERSHIP ON STATE AGENCY |
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POLICYMAKING BODY. A person may not be a public member of the |
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policymaking body of a state agency if the person or the person's |
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spouse: |
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(1) is registered, certified, or licensed by a |
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regulatory agency in a field regulated by the state agency; |
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(2) is employed by or participates in the management |
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of a business entity or other organization regulated by or |
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receiving money from the state agency; |
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(3) owns or controls, directly or indirectly, more |
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than a 10 percent interest in a business entity or other |
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organization regulated by or receiving money from the state agency; |
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or |
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(4) uses or receives a substantial amount of tangible |
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goods, services, or money from the state agency other than |
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compensation or reimbursement authorized by law for the state |
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agency's policymaking body membership, attendance, or expenses. |
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Sec. 325.053. PROVISIONS RELATING TO CONFLICTS OF INTEREST. |
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(a) In this section, "Texas trade association" means a cooperative |
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and voluntarily joined statewide association of business or |
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professional competitors in this state designed to assist its |
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members and its industry or profession in dealing with mutual |
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business or professional problems and in promoting their common |
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interest. |
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(b) A person may not be a member of the policymaking body of |
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a state agency and may not be an employee of the state agency |
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employed in a "bona fide executive, administrative, or professional |
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capacity," as that phrase is used for purposes of establishing an |
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exemption to the overtime provisions of the federal Fair Labor |
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Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if: |
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(1) the person is an officer, employee, or paid |
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consultant of a Texas trade association in a field regulated by the |
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state agency; or |
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(2) the person's spouse is an officer, manager, or paid |
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consultant of a Texas trade association in a field regulated by the |
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state agency. |
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(c) A person may not be a member of a state agency's |
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policymaking body or act as the general counsel to the state |
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agency's policymaking body or the state agency if the person is |
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required to register as a lobbyist under Chapter 305 because of the |
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person's activities for compensation on behalf of a profession |
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related to the operation of the state agency. |
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Sec. 325.054. GOVERNOR DESIGNATES PRESIDING OFFICER. The |
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governor shall designate a member of a state agency's policymaking |
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body as the presiding officer of the policymaking body to serve in |
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that capacity at the pleasure of the governor. |
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Sec. 325.055. GROUNDS FOR REMOVAL OF MEMBERS FROM |
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POLICYMAKING BODIES. (a) It is a ground for removal from a state |
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agency's policymaking body that a member: |
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(1) does not have at the time of taking office the |
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qualifications required by law to be a member of the policymaking |
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body; |
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(2) does not maintain during service on the |
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policymaking body the qualifications required by law to be a member |
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of the policymaking body; |
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(3) is ineligible for membership on the policymaking |
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body under law, including provisions relating to public membership, |
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conflicts of interest, and lobbying; |
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(4) cannot, because of illness or disability, |
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discharge the member's duties for a substantial part of the member's |
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term; or |
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(5) is absent from more than half of the regularly |
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scheduled meetings of the policymaking body that the member is |
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eligible to attend during a calendar year without an excuse |
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approved by a majority vote of the policymaking body. |
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(b) The validity of an action of a state agency's |
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policymaking body is not affected by the fact that it is taken when |
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a ground for removal of a member of the policymaking body exists. |
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(c) If the executive head of a state agency has knowledge |
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that a potential ground for removal exists, the executive head |
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shall notify the presiding officer of the state agency's |
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policymaking body of the potential ground. The presiding officer |
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shall then notify the governor and the attorney general that a |
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potential ground for removal exists. If the potential ground for |
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removal involves the presiding officer, the executive head shall |
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notify the next highest ranking officer of the policymaking body, |
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who shall then notify the governor and the attorney general that a |
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potential ground for removal exists. |
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Sec. 325.056. TRAINING FOR MEMBERS OF POLICYMAKING BODIES. |
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(a) A person who is appointed to and qualifies for office as a |
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member of the policymaking body of a state agency may not vote, |
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deliberate, or be counted as a member in attendance at a meeting of |
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the policymaking body until the person completes a training program |
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that complies with this section. |
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(b) The training program must provide the person with |
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information regarding: |
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(1) the law governing the state agency's operations; |
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(2) the programs, functions, rules, and budget of the |
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state agency; |
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(3) the scope of and limitations on the rulemaking |
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authority of the policymaking body; |
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(4) the results of the most recent formal audit of the |
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state agency; |
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(5) the requirements of: |
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(A) laws relating to open meetings, public |
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information, administrative procedure, and disclosure of conflicts |
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of interest; and |
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(B) other laws applicable to members of a state |
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agency policymaking body in performing their duties; and |
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(6) any applicable ethics policies adopted by the |
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state agency or the Texas Ethics Commission. |
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(c) A person appointed to the state agency's policymaking |
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body is entitled to reimbursement, as provided by the General |
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Appropriations Act, for the travel expenses incurred in attending |
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the training program regardless of whether the attendance at the |
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program occurs before or after the person qualifies for office. |
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(d) The executive head of the state agency shall create a |
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training manual that includes the information required by |
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Subsection (b). The executive head shall distribute a copy of the |
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training manual annually to each member of the policymaking body. |
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Each member of the policymaking body shall sign and submit to the |
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executive head a statement acknowledging that the member received |
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and reviewed the training manual. |
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Sec. 325.057. POLICIES TO SEPARATE POLICYMAKING AND STAFF |
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FUNCTIONS. The policymaking body of a state agency shall develop |
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and implement policies that clearly separate the policymaking |
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responsibilities of the policymaking body and the management |
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responsibilities of the executive head and the staff of the state |
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agency. |
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Sec. 325.058. PUBLIC TESTIMONY AT MEETINGS OF POLICYMAKING |
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BODIES. The policymaking body of a state agency shall develop and |
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implement policies that provide the public with a reasonable |
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opportunity to appear before the policymaking body and to speak on |
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any issue under the jurisdiction of the state agency. |
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Sec. 325.059. COMPLAINT INFORMATION REQUIREMENTS. (a) A |
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state agency shall maintain a system to promptly and efficiently |
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act on complaints filed with the state agency. The state agency |
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shall maintain information about parties to and the subject matter |
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of the complaint and a summary of the results of the review or |
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investigation of the complaint and the disposition of the |
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complaint. |
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(b) The state agency shall make information available |
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describing its procedures for complaint investigation and |
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resolution. |
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(c) The state agency shall periodically notify the |
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complaint parties of the status of the complaint until final |
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disposition unless the notice would jeopardize the investigation. |
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SECTION 3. This Act takes effect September 1, 2021. |