88R13462 MCK-D
 
  By: Holland H.B. No. 1570
 
 
 
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 2025 SUNSET DATE
         SECTION 1.01.  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
  office is abolished and this chapter expires September 1, 2025
  [2027].
  ARTICLE 2.  ENTITIES GIVEN 2029 SUNSET DATE
         SECTION 2.01.  TEXAS EDUCATION AGENCY. Section 7.004(a),
  Education Code, is amended to read as follows:
         (a)  The Texas Education Agency is subject to Chapter 325,
  Government Code (Texas Sunset Act). Unless continued in existence
  as provided by that chapter, the agency is abolished September 1,
  2029 [2027].
         SECTION 2.02.  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, 2029 [2027].
         SECTION 2.03.  TEXAS HIGHER EDUCATION COORDINATING BOARD.
  Section 61.0211, Education Code, is amended to read as follows:
         Sec. 61.0211.  SUNSET PROVISION. The Texas Higher Education
  Coordinating 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 expires
  September 1, 2029 [2025].
         SECTION 2.04.  STATE COMMISSION ON JUDICIAL CONDUCT.
  Section 33.003, Government Code, is amended to read as follows:
         Sec. 33.003.  SUNSET PROVISION. The State Commission on
  Judicial Conduct is subject to review under Chapter 325 (Texas
  Sunset Act), but is not abolished under that chapter. The
  commission shall be reviewed during the period in which state
  agencies abolished in 2029 [2025], and every 12th year after that
  year, are reviewed.
         SECTION 2.05.  JUDICIAL BRANCH CERTIFICATION COMMISSION.
  Section 152.001, Government Code, is amended to read as follows:
         Sec. 152.001.  SUNSET PROVISION. The Judicial Branch
  Certification Commission is subject to Chapter 325 (Texas Sunset
  Act), but is not abolished under that chapter. The commission shall
  be reviewed during the period in which state agencies abolished in
  2029 [2025], and every 12th year after that year, are reviewed.
         SECTION 2.06.  STATE PRESERVATION BOARD. Section 443.002,
  Government Code, is amended to read as follows:
         Sec. 443.002.  SUNSET PROVISION. The State Preservation
  Board is subject to Chapter 325 (Texas Sunset Act). Unless
  continued in existence as provided by that chapter, the board is
  abolished and this chapter expires September 1, 2029 [2025].
         SECTION 2.07.  TEXAS LOTTERY COMMISSION. Section 467.002,
  Government Code, is amended to read as follows:
         Sec. 467.002.  APPLICATION OF SUNSET ACT. The commission is
  subject to Chapter 325 (Texas Sunset Act). Unless continued in
  existence as provided by that chapter, the commission is abolished
  and this chapter, Chapter 466 of this code, and Chapter 2001,
  Occupations Code, expire September 1, 2029 [2025].
         SECTION 2.08.  STATE PENSION REVIEW BOARD. Section 801.107,
  Government Code, is amended to read as follows:
         Sec. 801.107.  SUNSET PROVISION. The State Pension Review
  Board is subject to Chapter 325 (Texas Sunset Act). Unless
  continued in existence as provided by that chapter, the board is
  abolished and this chapter expires September 1, 2029 [2025].
         SECTION 2.09.  TEXAS PUBLIC FINANCE AUTHORITY. Section
  1232.072, Government Code, is amended to read as follows:
         Sec. 1232.072.  SUNSET PROVISION. The Texas Public Finance
  Authority is subject to Chapter 325 (Texas Sunset Act). Unless
  continued in existence as provided by that chapter, the authority
  is abolished and this chapter expires September 1, 2029 [2027].
         SECTION 2.10.  DEPARTMENT OF INFORMATION RESOURCES. Section
  2054.005, Government Code, is amended to read as follows:
         Sec. 2054.005.  SUNSET PROVISION. [(a)]  The Department of
  Information Resources is subject to Chapter 325 (Texas Sunset Act).
  Unless continued in existence as provided by that chapter, the
  department is abolished and this chapter expires September 1, 2029
  [2025].
         SECTION 2.11.  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, 2029 [2027].
         SECTION 2.12.  TEXAS STATE AFFORDABLE HOUSING CORPORATION.
  Section 2306.5521, Government Code, is amended to read as follows:
         Sec. 2306.5521.  SUNSET PROVISION. The Texas State
  Affordable Housing Corporation is subject to Chapter 325 (Texas
  Sunset Act). Unless continued in existence as provided by that
  chapter, the corporation is abolished and this subchapter expires
  September 1, 2029 [2027].
         SECTION 2.13.  COMMISSION ON STATE EMERGENCY
  COMMUNICATIONS. Section 771.032, Health and Safety Code, is
  amended to read as follows:
         Sec. 771.032.  APPLICATION OF SUNSET ACT. The Commission on
  State Emergency Communications 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 expires September 1, 2029 [2027].
  ARTICLE 3.  ENTITIES GIVEN 2033 SUNSET DATE
         SECTION 3.01.  PEDIATRIC ACUTE-ONSET NEUROPSYCHIATRIC
  SYNDROME ADVISORY COUNCIL. Section 119A.009, Health and Safety
  Code, is amended to read as follows:
         Sec. 119A.009.  SUNSET PROVISION. The Pediatric Acute-Onset
  Neuropsychiatric Syndrome 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 chapter expires September 1, 2033 [2031].
         SECTION 3.02.  TEXAS MEDICAL BOARD. Section 151.004,
  Occupations Code, is amended to read as follows:
         Sec. 151.004.  APPLICATION OF SUNSET ACT. The Texas Medical
  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 subtitle and Chapters 204, 205, 206,
  601, 602, 603, and 604 expire September 1, 2033 [2031].
         SECTION 3.03.  TEXAS BOARD OF CHIROPRACTIC EXAMINERS.
  Section 201.004, Occupations Code, is amended to read as follows:
         Sec. 201.004.  APPLICATION OF SUNSET ACT. The Texas Board of
  Chiropractic 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, 2033 [2029].
         SECTION 3.04.  STATE BOARD OF DENTAL EXAMINERS. Section
  251.005, Occupations Code, is amended to read as follows:
         Sec. 251.005.  APPLICATION OF SUNSET ACT. The State Board of
  Dental Examiners is subject to Chapter 325, Government Code (Texas
  Sunset Act). Unless continued in existence as provided by that
  chapter, the board is abolished September 1, 2033 [2029].
         SECTION 3.05.  TEXAS BOARD OF NURSING. Section 301.003,
  Occupations Code, is amended to read as follows:
         Sec. 301.003.  APPLICATION OF SUNSET ACT. The Texas Board of
  Nursing is subject to Chapter 325, Government Code (Texas Sunset
  Act). Unless continued in existence as provided by that chapter,
  the board is abolished September 1, 2033 [2029].
         SECTION 3.06.  TEXAS OPTOMETRY BOARD. Section 351.004,
  Occupations Code, is amended to read as follows:
         Sec. 351.004.  SUNSET PROVISION. The Texas Optometry 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 expires September 1, 2033
  [2029].
         SECTION 3.07.  EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND
  OCCUPATIONAL THERAPY EXAMINERS. Section 452.002, Occupations
  Code, is amended to read as follows:
         Sec. 452.002.  APPLICATION OF SUNSET ACT. The Executive
  Council of Physical Therapy and Occupational Therapy Examiners is
  subject to Chapter 325, Government Code (Texas Sunset Act). Unless
  continued in existence as provided by that chapter, the executive
  council is abolished and the following laws expire September 1,
  2033 [2029]:
               (1)  this chapter;
               (2)  Chapter 453; and
               (3)  Chapter 454.
         SECTION 3.08.  TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS.
  Section 453.002, Occupations Code, is amended to read as follows:
         Sec. 453.002.  APPLICATION OF SUNSET ACT. The Texas Board of
  Physical Therapy 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, 2033 [2029].
         SECTION 3.09.  TEXAS BOARD OF OCCUPATIONAL THERAPY
  EXAMINERS. Section 454.003, Occupations Code, is amended to read
  as follows:
         Sec. 454.003.  APPLICATION OF SUNSET ACT. The Texas Board of
  Occupational Therapy 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, 2033 [2029].
         SECTION 3.10.  TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL.
  Section 507.002, Occupations Code, is amended to read as follows:
         Sec. 507.002.  APPLICATION OF SUNSET ACT. The Texas
  Behavioral Health Executive Council is subject to Chapter 325,
  Government Code (Texas Sunset Act). Unless continued in existence
  as provided by that chapter, the executive council is abolished and
  this chapter and Chapters 501, 502, 503, and 505 expire September 1,
  2033 [2029].
         SECTION 3.11.  TEXAS STATE BOARD OF PHARMACY. Section
  551.005, Occupations Code, is amended to read as follows:
         Sec. 551.005.  APPLICATION OF SUNSET ACT. The Texas State
  Board of Pharmacy 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 subtitle expires September
  1, 2033 [2029].
         SECTION 3.12.  TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY.
  Section 901.006, Occupations Code, is amended to read as follows:
         Sec. 901.006.  APPLICATION OF SUNSET ACT. The Texas State
  Board of Public Accountancy 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, 2033 [2031].
         SECTION 3.13.  TEXAS BOARD OF PROFESSIONAL ENGINEERS AND
  LAND SURVEYORS. Section 1001.005, Occupations Code, is amended to
  read as follows:
         Sec. 1001.005.  APPLICATION OF SUNSET ACT. The Texas Board
  of Professional Engineers and Land Surveyors 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, 2033 [2025].
         SECTION 3.14.  TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS.
  Section 1002.003, Occupations Code, is amended to read as follows:
         Sec. 1002.003.  APPLICATION OF SUNSET ACT. The Texas Board
  of Professional Geoscientists 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, 2033 [2025].
         SECTION 3.15.  TEXAS BOARD OF ARCHITECTURAL EXAMINERS.
  Section 1051.003, Occupations Code, is amended to read as follows:
         Sec. 1051.003.  APPLICATION OF SUNSET ACT. The Texas Board
  of Architectural 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 subtitle expires
  September 1, 2033 [2025].
         SECTION 3.16.  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 and Chapter
  1102 of this code and Chapter 221, Property Code, expire September
  1, 2033 [2031].
         SECTION 3.17.  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, 2033 [2031].
         SECTION 3.18.  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, 2033 [2027].
  ARTICLE 4.  ENTITIES GIVEN 2035 SUNSET DATE
         SECTION 4.01.  DEPARTMENT OF AGRICULTURE. Section 11.003,
  Agriculture Code, is amended to read as follows:
         Sec. 11.003.  SUNSET PROVISION. The Department of
  Agriculture is subject to Chapter 325, Government Code (Texas
  Sunset Act).  Unless continued in existence as provided by that
  chapter, the department is abolished September 1, 2035 [2033].
         SECTION 4.02.  BOARD OF DIRECTORS OF THE OFFICIAL COTTON
  GROWERS' BOLL WEEVIL ERADICATION FOUNDATION. Section 74.127(a),
  Agriculture Code, is amended to read as follows:
         (a)  The board of directors of the official cotton growers'
  boll weevil eradication foundation is subject to Chapter 325,
  Government Code (Texas Sunset Act). Unless continued in existence
  as provided by that chapter, the board is abolished September 1,
  2035 [2033].
         SECTION 4.03.  TEXAS ANIMAL HEALTH COMMISSION. Section
  161.027, Agriculture Code, is amended to read as follows:
         Sec. 161.027.  SUNSET PROVISION. The Texas Animal Health
  Commission is subject to Chapter 325, Government Code (Texas Sunset
  Act).  Unless continued in existence as provided by that chapter,
  the commission is abolished September 1, 2035 [2033].
         SECTION 4.04.  PREPAID HIGHER EDUCATION TUITION BOARD.
  Section 54.603, Education Code, is amended to read as follows:
         Sec. 54.603.  SUNSET PROVISION. The Prepaid Higher
  Education Tuition Board is subject to Chapter 325, Government Code
  (Texas Sunset Act). Unless continued in existence as provided by
  that chapter, the board is abolished September 1, 2035 [2033].
         SECTION 4.05.  CREDIT UNION DEPARTMENT. Section 15.212,
  Finance Code, is amended to read as follows:
         Sec. 15.212.  SUNSET PROVISION. The Credit Union Department
  and the Credit Union Commission are subject to Chapter 325,
  Government Code (Texas Sunset Act). Unless continued in existence
  as provided by that chapter, the department and commission are
  abolished September 1, 2035 [2033].
         SECTION 4.06.  TEXAS COMMISSION ON FIRE PROTECTION. Section
  419.003, Government Code, is amended to read as follows:
         Sec. 419.003.  SUNSET PROVISION. The Texas Commission on
  Fire Protection is subject to Chapter 325 (Texas Sunset Act).
  Unless continued in existence as provided by that chapter, the
  commission is abolished September 1, 2035 [2033].
         SECTION 4.07.  COMMISSION ON JAIL STANDARDS. Section
  511.003, Government Code, is amended to read as follows:
         Sec. 511.003.  SUNSET PROVISION. The Commission on Jail
  Standards is subject to Chapter 325 (Texas Sunset Act). Unless
  continued in existence as provided by that chapter, the commission
  is abolished September 1, 2035 [2033].
         SECTION 4.08.  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 2035 [2033], and every 12th year after
  that year, are reviewed.
         SECTION 4.09.  PARKS AND WILDLIFE DEPARTMENT. Section
  11.0111, Parks and Wildlife Code, is amended to read as follows:
         Sec. 11.0111.  SUNSET PROVISION. The Parks and Wildlife
  Department is subject to Chapter 325, Government Code (Texas Sunset
  Act). Unless continued in existence as provided by that chapter,
  the department is abolished September 1, 2035 [2033].
         SECTION 4.10.  BRAZOS RIVER AUTHORITY. Section
  8502.0021(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, 2035 [2033], and every 12th year after
  that year.
         SECTION 4.11.  GULF COAST PROTECTION DISTRICT. Section
  9502.0105(a), Special District Local Laws Code, 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 authority were a state agency scheduled
  to be abolished September 1, 2035 [2033], and every 12th year after
  that year.
  ARTICLE 5.  ENTITIES REMOVED FROM SUNSET REVIEW
         SECTION 5.01.  BANDERA COUNTY RIVER AUTHORITY AND
  GROUNDWATER DISTRICT. Section 1A, Chapter 629, Acts of the 62nd
  Legislature, Regular Session, 1971, is repealed.
  ARTICLE 6.  AMENDMENTS TO THE TEXAS SUNSET ACT
         SECTION 6.01.  SUNSET ADVISORY COMMISSION. Section
  325.003(a-1), Government Code, is amended to read as follows:
         (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 state [executive branch] agencies'
  implementation of legislative priorities.
         SECTION 6.02.  SUNSET ADVISORY COMMISSION REVIEW OF STATE
  AGENCIES NOT SUBJECT TO ABOLISHMENT. Chapter 325, Government Code,
  is amended by adding Section 325.006 to read as follows:
         Sec. 325.006.  REVIEW OF AGENCIES NOT SUBJECT TO
  ABOLISHMENT. The provisions of this chapter relating to the review
  of a state agency by the commission apply to the review of a state
  agency that is not subject to abolishment in the same manner as the
  provisions apply to a state agency that is subject to abolishment.
  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, 2023.