|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to renaming the Sunset Advisory Commission the Department |
|
of Government Efficiency (DOGE) and to the duties of that |
|
department. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 11.003, Agriculture Code, is amended to |
|
read as follows: |
|
Sec. 11.003. DOGE [SUNSET] PROVISION. The Department of |
|
Agriculture is subject to Chapter 325, Government Code (Texas DOGE |
|
[Sunset] Act). Unless continued in existence as provided by that |
|
chapter, the department is abolished September 1, 2035. |
|
SECTION 2. The heading to Section 74.127, Agriculture Code, |
|
is amended to read as follows: |
|
Sec. 74.127. DOGE [SUNSET] PROVISION. |
|
SECTION 3. 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 DOGE [Sunset] Act). Unless continued in |
|
existence as provided by that chapter, the board is abolished |
|
September 1, 2035. |
|
SECTION 4. Section 161.027, Agriculture Code, is amended to |
|
read as follows: |
|
Sec. 161.027. DOGE [SUNSET] PROVISION. The Texas Animal |
|
Health Commission is subject to Chapter 325, Government Code (Texas |
|
DOGE [Sunset] Act). Unless continued in existence as provided by |
|
that chapter, the commission is abolished September 1, 2035. |
|
SECTION 5. Section 201.025, Agriculture Code, is amended to |
|
read as follows: |
|
Sec. 201.025. DOGE [SUNSET] PROVISION. The State Soil and |
|
Water Conservation Board is subject to Chapter 325, Government Code |
|
(Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the state board is abolished September 1, |
|
2035. |
|
SECTION 6. Section 5.01(b), Alcoholic Beverage Code, is |
|
amended to read as follows: |
|
(b) The Texas Alcoholic Beverage Commission is subject to |
|
Chapter 325, Government Code (Texas DOGE [Sunset] Act). Unless |
|
continued in existence as provided by that chapter, the commission |
|
is abolished and Subchapter A, Chapter 5, expires September 1, |
|
2031. |
|
SECTION 7. Section 7.004, Education Code, is amended to |
|
read as follows: |
|
Sec. 7.004. DOGE [SUNSET] PROVISION. (a) The Texas |
|
Education Agency is subject to Chapter 325, Government Code (Texas |
|
DOGE [Sunset] Act). Unless continued in existence as provided by |
|
that chapter, the agency is abolished September 1, 2029. |
|
(b) As part of the Department of Government Efficiency's |
|
[Sunset Advisory Commission's] review of the agency under |
|
Subsection (a), the department [commission] in coordination with |
|
the agency shall select for review three regional education service |
|
centers that serve diverse geographic areas of the state and |
|
diverse population sizes. The department's [commission's] review |
|
of the agency must include an evaluation of the agency's oversight |
|
of the centers. |
|
SECTION 8. Section 19.0022, Education Code, is amended to |
|
read as follows: |
|
Sec. 19.0022. DOGE [SUNSET] PROVISION. The Windham School |
|
District is subject to review under Chapter 325, Government Code |
|
(Texas DOGE [Sunset] Act). The district shall be reviewed during |
|
the period in which the Texas Department of Criminal Justice is |
|
reviewed. |
|
SECTION 9. Section 33.254, Education Code, is amended to |
|
read as follows: |
|
Sec. 33.254. DOGE [SUNSET] PROVISION. The council is |
|
subject to Chapter 325, Government Code (Texas DOGE [Sunset] Act). |
|
Unless continued in existence as provided by that chapter, the |
|
council is abolished and this subchapter expires September 1, 2029. |
|
SECTION 10. Section 51.153(e), Education Code, is amended |
|
to read as follows: |
|
(e) The Western Information Network Association is subject |
|
to the Texas DOGE [Sunset] Act (Chapter 325, Government Code). |
|
Unless continued in existence as provided by that Act, the |
|
association is abolished September 1, 1989. |
|
SECTION 11. Section 51.168(d), Education Code, is amended |
|
to read as follows: |
|
(d) An information network association created under this |
|
section is subject to the Texas DOGE [Sunset] Act (Chapter 325, |
|
Government Code). Unless continued in existence as provided by |
|
that Act, the association is abolished September 1, 1989. |
|
SECTION 12. Section 54.603, Education Code, is amended to |
|
read as follows: |
|
Sec. 54.603. DOGE [SUNSET] PROVISION. The Prepaid Higher |
|
Education Tuition Board is subject to Chapter 325, Government Code |
|
(Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the board is abolished September 1, 2035. |
|
SECTION 13. Section 61.0211, Education Code, is amended to |
|
read as follows: |
|
Sec. 61.0211. DOGE [SUNSET] PROVISION. The Texas Higher |
|
Education Coordinating Board is subject to Chapter 325, Government |
|
Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the board is abolished and this chapter |
|
expires September 1, 2029. |
|
SECTION 14. Section 11.108, Finance Code, is amended to |
|
read as follows: |
|
Sec. 11.108. DOGE [SUNSET] PROVISION. The finance |
|
commission is subject to Chapter 325, Government Code (Texas DOGE |
|
[Sunset] Act). Unless continued in existence as provided by that |
|
chapter, the commission is abolished September 1, 2031. |
|
SECTION 15. Section 12.109, Finance Code, is amended to |
|
read as follows: |
|
Sec. 12.109. DOGE [SUNSET] PROVISION. The office of |
|
banking commissioner is subject to Chapter 325, Government Code |
|
(Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the office is abolished September 1, |
|
2031. |
|
SECTION 16. Section 13.012, Finance Code, is amended to |
|
read as follows: |
|
Sec. 13.012. DOGE [SUNSET] PROVISION. The office of |
|
savings and mortgage lending commissioner and the Department of |
|
Savings and Mortgage Lending are subject to Chapter 325, Government |
|
Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the office and department are abolished |
|
September 1, 2031. |
|
SECTION 17. Section 14.066, Finance Code, is amended to |
|
read as follows: |
|
Sec. 14.066. DOGE [SUNSET] PROVISION. The office is |
|
subject to Chapter 325, Government Code (Texas DOGE [Sunset] Act). |
|
Unless continued in existence as provided by that chapter, the |
|
office is abolished September 1, 2031. |
|
SECTION 18. Section 15.212, Finance Code, is amended to |
|
read as follows: |
|
Sec. 15.212. DOGE [SUNSET] PROVISION. The Credit Union |
|
Department and the Credit Union Commission are subject to Chapter |
|
325, Government Code (Texas DOGE [Sunset] Act). Unless continued |
|
in existence as provided by that chapter, the department and |
|
commission are abolished September 1, 2035. |
|
SECTION 19. Section 33.003, Government Code, is amended to |
|
read as follows: |
|
Sec. 33.003. DOGE [SUNSET] PROVISION. The State Commission |
|
on Judicial Conduct is subject to review under Chapter 325 (Texas |
|
DOGE [Sunset] Act), but is not abolished under that chapter. The |
|
commission shall be reviewed during the period in which state |
|
agencies abolished in 2029, and every 12th year after that year, are |
|
reviewed. |
|
SECTION 20. Section 33.0322, Government Code, is amended to |
|
read as follows: |
|
Sec. 33.0322. CONFIDENTIAL INFORMATION PROVIDED TO |
|
DEPARTMENT OF GOVERNMENT EFFICIENCY [SUNSET ADVISORY COMMISSION]. |
|
(a) Notwithstanding Section 33.032 or other law, including Section |
|
1-a(10), Article V, Texas Constitution, the commission shall |
|
provide to the Department of Government Efficiency [Sunset Advisory |
|
Commission] staff conducting a review under Chapter 325 (Texas DOGE |
|
[Sunset] Act) access to the commission's confidential documents, |
|
records, meetings, and proceedings, including proceedings in which |
|
testimony is given, as the Department of Government Efficiency |
|
[Sunset Advisory Commission] staff determines necessary to conduct |
|
a complete and thorough evaluation of the commission's activities. |
|
(b) The confidentiality provisions of this chapter and |
|
other law do not authorize the commission to withhold from the |
|
Department of Government Efficiency [Sunset Advisory Commission] |
|
staff access to any confidential document, record, meeting, or |
|
proceeding to which the Department of Government Efficiency [Sunset |
|
Advisory Commission] staff determines access is necessary for a |
|
review under Chapter 325 (Texas DOGE [Sunset] Act). |
|
(c) The Department of Government Efficiency [Sunset |
|
Advisory Commission] staff shall maintain the confidentiality the |
|
commission is required to maintain under this chapter and other law |
|
for each document, record, meeting, or proceeding that the staff |
|
accesses or receives as part of a review under Chapter 325 (Texas |
|
DOGE [Sunset] Act). |
|
(d) The commission does not violate the attorney-client |
|
privilege, or any other privilege or confidentiality requirement |
|
protected or required by the Texas Constitution, common law, |
|
statutory law, or rules of evidence, procedure, or professional |
|
conduct, by providing to the Department of Government Efficiency |
|
[Sunset Advisory Commission] staff for purposes of a review under |
|
Chapter 325 (Texas DOGE [Sunset] Act) a confidential communication, |
|
including a document or record or any testimony or other |
|
information presented in a closed meeting or proceeding of the |
|
commission, that is made between the commission and its attorneys |
|
or other employees assisting the commission in its decision-making |
|
process. |
|
SECTION 21. Section 81.003, Government Code, is amended to |
|
read as follows: |
|
Sec. 81.003. DOGE [SUNSET] PROVISION. The state bar is |
|
subject to Chapter 325 (Texas DOGE [Sunset] Act). Unless continued |
|
in existence as provided by that chapter, this chapter expires |
|
September 1, 2029. |
|
SECTION 22. Section 81.113(a), Government Code, is amended |
|
to read as follows: |
|
(a) Except as provided by Subsection (b), the state bar |
|
shall credit an attorney licensed in this state with meeting the |
|
minimum continuing legal education requirements of the state bar |
|
for a reporting year if during the reporting year the attorney is |
|
employed full-time as an attorney by: |
|
(1) the senate; |
|
(2) the house of representatives; |
|
(3) a committee, division, department, or office of |
|
the senate or house; |
|
(4) the Texas Legislative Council; |
|
(5) the Legislative Budget Board; |
|
(6) the Legislative Reference Library; |
|
(7) the office of the state auditor; or |
|
(8) the Department of Government Efficiency [Sunset |
|
Advisory Commission]. |
|
SECTION 23. Section 82.006, Government Code, is amended to |
|
read as follows: |
|
Sec. 82.006. DOGE [SUNSET] PROVISION. The Board of Law |
|
Examiners is subject to Chapter 325 (Texas DOGE [Sunset] Act). |
|
Unless continued in existence as provided by that chapter, the |
|
board is abolished September 1, 2029. |
|
SECTION 24. Section 152.001, Government Code, is amended to |
|
read as follows: |
|
Sec. 152.001. DOGE [SUNSET] PROVISION. The Judicial Branch |
|
Certification Commission is subject to Chapter 325 (Texas DOGE |
|
[Sunset] Act), but is not abolished under that chapter. The |
|
commission shall be reviewed during the period in which state |
|
agencies abolished in 2029, and every 12th year after that year, are |
|
reviewed. |
|
SECTION 25. Section 321.013(c), Government Code, is amended |
|
to read as follows: |
|
(c) The State Auditor shall recommend the audit plan for the |
|
state for each year to the committee. In devising the plan, the |
|
State Auditor shall consider recommendations concerning |
|
coordination of agency functions made jointly by representatives of |
|
the Legislative Budget Board, Department of Government Efficiency |
|
[Sunset Advisory Commission], and State Auditor's Office. The |
|
State Auditor shall also consider the extent to which a department |
|
has received a significant increase in appropriations, including a |
|
significant increase in federal or other money passed through to |
|
the department, and shall review procurement activities for |
|
compliance with Section 2161.123. The plan shall provide for |
|
auditing of federal programs at least as often as required under |
|
federal law and shall ensure that audit requirements of all bond |
|
covenants and other credit or financial agreements are satisfied. |
|
The committee shall review and approve the plan. |
|
SECTION 26. Section 321.0134(b), Government Code, is |
|
amended to read as follows: |
|
(b) An effectiveness audit may be scheduled only when the |
|
audited entity is not scheduled for review under the Texas DOGE |
|
[Sunset] Act (Chapter 325). |
|
SECTION 27. Section 322.0175(a), Government Code, is |
|
amended to read as follows: |
|
(a) The board shall perform a strategic fiscal review for |
|
each state agency currently the subject of Department of Government |
|
Efficiency [Sunset Advisory Commission] review under Chapter 325 |
|
(Texas DOGE [Sunset] Act). The board shall not perform a review |
|
under this section of state agencies listed in Section 325.025(b), |
|
Government Code, because these agencies are not subject to the |
|
legislative appropriations process. |
|
SECTION 28. The heading to Chapter 325, Government Code, is |
|
amended to read as follows: |
|
CHAPTER 325. DOGE [SUNSET] LAW |
|
SECTION 29. Section 325.001, Government Code, is amended to |
|
read as follows: |
|
Sec. 325.001. SHORT TITLE. This chapter may be cited as the |
|
Texas DOGE [Sunset] Act. |
|
SECTION 30. Section 325.002, Government Code, is amended by |
|
amending Subdivision (3) and adding Subdivision (4) to read as |
|
follows: |
|
(3) "Board" ["Commission"] means the board of the |
|
Department of Government Efficiency [Sunset Advisory Commission]. |
|
(4) "Department" means the Department of Government |
|
Efficiency. |
|
SECTION 31. The heading to Section 325.003, Government |
|
Code, is amended to read as follows: |
|
Sec. 325.003. DEPARTMENT OF GOVERNMENT EFFICIENCY; BOARD |
|
[SUNSET ADVISORY COMMISSION]. |
|
SECTION 32. Sections 325.003(a), (a-1), (b), (c), (d), (e), |
|
(e-1), (g), (i), (j), and (k), Government Code, are amended to read |
|
as follows: |
|
(a) The Department of Government Efficiency [Sunset |
|
Advisory Commission] is a legislative agency that has as its goal |
|
the streamlining of government through the use of technology to |
|
find and eliminate waste and inefficiency. The department is |
|
governed by a board 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 board [commission] in furtherance of the |
|
legislature's duty to provide oversight of executive branch |
|
agencies' implementation of legislative priorities. |
|
(b) An individual is not eligible for appointment as a |
|
public member if the individual or the individual's spouse is: |
|
(1) regulated by a state agency that the board |
|
[commission] will review during the term for which the individual |
|
would serve; |
|
(2) employed by, participates in the management of, or |
|
directly or indirectly has more than a 10 percent interest in a |
|
business entity or other organization regulated by a state agency |
|
the board [commission] will review during the term for which the |
|
individual would serve; or |
|
(3) required to register as a lobbyist under Chapter |
|
305 because of the person's activities for compensation on behalf |
|
of a profession or entity related to the operation of an agency |
|
under review. |
|
(c) It is a ground for removal of a public member from the |
|
board [commission] if the member does not have the qualifications |
|
required by Subsection (b) for appointment to the board |
|
[commission] at the time of appointment or does not maintain the |
|
qualifications while serving on the board [commission]. The |
|
validity of the board's [commission's] action is not affected by the |
|
fact that it was taken when a ground for removal of a public member |
|
from the board [commission] existed. |
|
(d) Legislative members serve four-year terms, with terms |
|
staggered so that the terms of as near to one-half of the |
|
legislative members appointed by the lieutenant governor as |
|
possible and the terms of as near to one-half of the legislative |
|
members appointed by the speaker as possible expire September 1 of |
|
each odd-numbered year. If the lieutenant governor or the speaker |
|
serves on the board [commission], service continues until |
|
resignation from the board [commission] or until the individual |
|
ceases to hold the office. Public members serve two-year terms |
|
expiring September 1 of each odd-numbered year. |
|
(e) Members other than the lieutenant governor and the |
|
speaker are subject to the following restrictions: |
|
(1) after a legislative member serves two terms on the |
|
board [commission] or a public member serves three terms on the |
|
board [commission], the individual is not eligible for appointment |
|
to another term or part of a term; |
|
(2) a legislative member who serves a full term may not |
|
be appointed to an immediately succeeding term; and |
|
(3) a public member may not serve more than two |
|
consecutive terms, and, for purposes of this prohibition, a member |
|
is considered to have served a term only if the member has served |
|
more than half of the term. |
|
(e-1) If an individual serves for less than a full term, the |
|
term is not counted toward determining the individual's eligibility |
|
to serve on the board [commission] under Subsection (e)(1) unless |
|
the individual was a member of the board [commission] for each |
|
public hearing at which the state agencies being reviewed during |
|
the individual's term were discussed. |
|
(g) If a legislative member ceases to be a member of the |
|
house from which he was appointed, the member vacates his |
|
membership on the board [commission]. |
|
(i) The board [commission] shall have a chairman and |
|
vice-chairman as presiding officers. The chairmanship and |
|
vice-chairmanship must alternate every two years between the two |
|
membership groups appointed by the lieutenant governor and the |
|
speaker. The chairman and vice-chairman may not be from the same |
|
membership group. The lieutenant governor shall designate a |
|
presiding officer from his appointed membership group and the |
|
speaker shall designate the other presiding officer from his |
|
appointed membership group. |
|
(j) Seven members of the board [commission] constitute a |
|
quorum. A final action or recommendation may not be made unless |
|
approved by a record vote of a majority of members appointed by the |
|
lieutenant governor and the speaker of the house. All other actions |
|
by the board [commission] shall be decided by a majority of the |
|
members present and voting. |
|
(k) Each member of the board [commission] is entitled to |
|
reimbursement for actual and necessary expenses incurred in |
|
performing board [commission] duties. Each legislative member is |
|
entitled to reimbursement from the appropriate fund of the member's |
|
respective house. Each public member is entitled to reimbursement |
|
from funds appropriated to the department [commission]. |
|
SECTION 33. Sections 325.004(a) and (c), Government Code, |
|
are amended to read as follows: |
|
(a) The board [commission] shall employ an executive |
|
director to act as the executive head of the department |
|
[commission]. |
|
(c) The chairman and vice-chairman of the board |
|
[commission] may each employ a staff to work for them on matters |
|
related to board [commission] activities. |
|
SECTION 34. Section 325.005, Government Code, is amended to |
|
read as follows: |
|
Sec. 325.005. RULES. The board [commission] shall adopt |
|
rules necessary to carry out this chapter. |
|
SECTION 35. Section 325.007, Government Code, is amended to |
|
read as follows: |
|
Sec. 325.007. AGENCY REPORT TO DEPARTMENT [COMMISSION]. |
|
(a) Before September 1 of the odd-numbered year before the year in |
|
which a state agency subject to this chapter is abolished, the |
|
agency shall report to the department [commission]: |
|
(1) information regarding the application to the |
|
agency of the criteria in Section 325.011; and |
|
(2) any other information that the agency considers |
|
appropriate or that is requested by the department [commission]. |
|
(b) The reports under Subsection (a) must be submitted in |
|
electronic format only. The department [commission] shall |
|
prescribe the electronic format to be used. |
|
SECTION 36. Section 325.0075, Government Code, is amended |
|
to read as follows: |
|
Sec. 325.0075. REPORTING REQUIREMENTS OF AGENCY BEING |
|
REVIEWED. Before September 1 of the odd-numbered year before the |
|
year in which a state agency subject to this chapter is abolished, |
|
the agency shall submit to the department [commission], the |
|
governor, the lieutenant governor, and each member of the |
|
legislature a report that: |
|
(1) lists each report that the agency is required by a |
|
statute to prepare; and |
|
(2) evaluates the need for each report listed in |
|
Subdivision (1) based on whether factors or conditions have changed |
|
since the date the statutory requirement to prepare the report was |
|
enacted. |
|
SECTION 37. The heading to Section 325.008, Government |
|
Code, is amended to read as follows: |
|
Sec. 325.008. DEPARTMENT [COMMISSION] DUTIES. |
|
SECTION 38. Sections 325.008(a) and (b), Government Code, |
|
are 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 department [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) conduct the evaluation required by Section |
|
325.0085; and |
|
(5) review the implementation of department |
|
[commission] recommendations contained in the reports presented to |
|
the legislature during the preceding legislative session and the |
|
resulting legislation. |
|
(b) The written report prepared by the department |
|
[commission] under Subsection (a)(3) is a public record. |
|
SECTION 39. Chapter 325, Government Code, is amended by |
|
adding Section 325.0085 to read as follows: |
|
Sec. 325.0085. RELOCATION OF STATE AGENCY HEADQUARTERS. |
|
(a) For each state agency reviewed under this chapter whose |
|
headquarters is located in Travis County or an adjacent county, the |
|
department, with the assistance of the Texas Facilities Commission, |
|
shall evaluate the cost savings to this state of relocating the |
|
state agency's headquarters to a location outside of Travis County |
|
or an adjacent county. In determining the cost savings to the |
|
state, the department shall consider the following factors over a |
|
10-year period: |
|
(1) the cost of leasing or purchasing office space for |
|
the state agency in a location outside of Travis County or an |
|
adjacent county; |
|
(2) the cost of moving the state agency to the new |
|
location; |
|
(3) the market value of any state-owned property |
|
currently being used for the state agency's headquarters, including |
|
the amount of income the state could earn by leasing or selling the |
|
property; and |
|
(4) any other information the department or Texas |
|
Facilities Commission considers relevant in determining whether |
|
the relocation creates a cost saving to this state. |
|
(b) If the department determines relocating a state agency |
|
creates a cost saving to this state, the state agency shall relocate |
|
the agency's headquarters to the location determined by the |
|
department under this section. |
|
SECTION 40. Section 325.009, Government Code, is amended to |
|
read as follows: |
|
Sec. 325.009. PUBLIC HEARINGS. (a) Before February 1 of |
|
the year a state agency subject to this chapter and its advisory |
|
committees are abolished, the department [commission] shall |
|
conduct public hearings concerning but not limited to the |
|
application to the agency of the criteria provided in Section |
|
325.011. |
|
(b) The department [commission] may hold the public |
|
hearings after the review of the agency required by Section |
|
325.008(a)(3) is complete and available to the public. |
|
(c) Notwithstanding Subsection (a), the department |
|
[commission] may not discuss in a public hearing the application to |
|
an agency of the criteria provided in Section 325.011(14). The |
|
department [commission] staff shall notify the board [commission] |
|
of any findings and recommendations regarding the criteria provided |
|
in Section 325.011(14). |
|
SECTION 41. Section 325.010, Government Code, is amended to |
|
read as follows: |
|
Sec. 325.010. DEPARTMENT [COMMISSION] REPORT. (a) At each |
|
regular legislative session, the department [commission] shall |
|
present to the legislature and the governor a report on the agencies |
|
and advisory committees reviewed. |
|
(b) In the report the department [commission] shall |
|
include: |
|
(1) its findings regarding the criteria prescribed by |
|
Section 325.011, except Section 325.011(14); |
|
(2) its recommendations based on the matters |
|
prescribed by Section 325.012, except recommendations relating to |
|
criteria prescribed by Section 325.011(14); and |
|
(3) other information the department [commission] |
|
considers necessary for a complete review of the agency. |
|
SECTION 42. Section 325.011, Government Code, is amended to |
|
read as follows: |
|
Sec. 325.011. CRITERIA FOR REVIEW. In order to lower state |
|
spending and minimize waste in the provision of state services, the |
|
board [The commission] and its staff shall consider the following |
|
criteria in determining whether a public need exists for the |
|
continuation of a state agency or its advisory committees or for the |
|
performance of the functions of the agency or its advisory |
|
committees: |
|
(1) the efficiency and effectiveness with which the |
|
agency or the advisory committee operates; |
|
(2)(A) an identification of the mission, goals, and |
|
objectives intended for the agency or advisory committee and of the |
|
problem or need that the agency or advisory committee was intended |
|
to address; and |
|
(B) the extent to which the mission, goals, and |
|
objectives have been achieved and the problem or need has been |
|
addressed; |
|
(3)(A) an identification of any activities of the |
|
agency in addition to those granted by statute and of the authority |
|
for those activities; and |
|
(B) the extent to which those activities are |
|
needed; |
|
(4) an assessment of authority of the agency relating |
|
to fees, inspections, enforcement, and penalties; |
|
(5) whether less restrictive or alternative methods of |
|
performing any function that the agency performs could adequately |
|
protect or provide service to the public; |
|
(6) the extent to which the jurisdiction of the agency |
|
and the programs administered by the agency overlap or duplicate |
|
those of other agencies, the extent to which the agency coordinates |
|
with those agencies, and the extent to which the programs |
|
administered by the agency can be consolidated with the programs of |
|
other state agencies; |
|
(7) the promptness and effectiveness with which the |
|
agency addresses complaints concerning entities or other persons |
|
affected by the agency, including an assessment of the agency's |
|
administrative hearings process; |
|
(8) an assessment of the agency's rulemaking process |
|
and the extent to which the agency has encouraged participation by |
|
the public in making its rules and decisions and the extent to which |
|
the public participation has resulted in rules that benefit the |
|
public; |
|
(9) the extent to which the agency has complied with: |
|
(A) federal and state laws and applicable rules |
|
regarding equality of employment opportunity and the rights and |
|
privacy of individuals; and |
|
(B) state law and applicable rules of any state |
|
agency regarding purchasing guidelines and programs for |
|
historically underutilized businesses; |
|
(10) the extent to which the agency issues and |
|
enforces rules relating to potential conflicts of interest of its |
|
employees; |
|
(11) the extent to which the agency complies with |
|
Chapters 551 and 552 and follows records management practices that |
|
enable the agency to respond efficiently to requests for public |
|
information; |
|
(12) the effect of federal intervention or loss of |
|
federal funds if the agency is abolished; |
|
(13) the extent to which the purpose and effectiveness |
|
of reporting requirements imposed on the agency justifies the |
|
continuation of the requirement; and |
|
(14) an assessment of the agency's cybersecurity |
|
practices using confidential information available from the |
|
Department of Information Resources or any other appropriate state |
|
agency. |
|
SECTION 43. Sections 325.0115(b), (c), and (d), Government |
|
Code, are amended to read as follows: |
|
(b) In an assessment of an agency that licenses an |
|
occupation or profession, the board [commission] and its staff |
|
shall consider: |
|
(1) whether the occupational licensing program: |
|
(A) serves a meaningful, defined public |
|
interest; and |
|
(B) provides the least restrictive form of |
|
regulation that will adequately protect the public interest; |
|
(2) the extent to which the regulatory objective of |
|
the occupational licensing program may be achieved through market |
|
forces, private or industry certification and accreditation |
|
programs, or enforcement of other law; |
|
(3) the extent to which licensing criteria, if |
|
applicable, ensure that applicants have occupational skill sets or |
|
competencies that correlate with a public interest and the impact |
|
that those criteria have on applicants, particularly those with |
|
moderate or low incomes, seeking to enter the occupation or |
|
profession; and |
|
(4) the impact of the regulation, including the extent |
|
to which the program stimulates or restricts competition and |
|
affects consumer choice and the cost of services. |
|
(c) As part of the department's [commission's] review of an |
|
agency that licenses an occupation or profession, the board |
|
[commission] and its staff shall determine whether the governing |
|
body of the agency being reviewed has made an evaluation regarding |
|
the type of personal information of license holders that the agency |
|
should make available on the agency's Internet website based on the |
|
following factors: |
|
(1) the type of information the public needs to file a |
|
complaint with the agency; |
|
(2) the type of information the public needs to locate |
|
an existing or potential service provider; |
|
(3) the type of information the public needs to verify |
|
a license; and |
|
(4) whether making the information available on the |
|
agency's Internet website could subject a license holder to |
|
harassment, solicitation, or other nuisance. |
|
(d) If the department [commission] determines that the |
|
governing body of an agency has not completed the evaluation |
|
described by Subsection (c), the department [commission] shall make |
|
a recommendation that the governing body of the agency perform such |
|
an evaluation. |
|
SECTION 44. Section 325.012, Government Code, is amended to |
|
read as follows: |
|
Sec. 325.012. RECOMMENDATIONS. (a) In its report on a |
|
state agency, the department [commission] shall: |
|
(1) make recommendations on the abolition, |
|
continuation, or reorganization of each affected state agency and |
|
its advisory committees and on the need for the performance of the |
|
functions of the agency and its advisory committees; |
|
(2) make recommendations on the consolidation, |
|
transfer, or reorganization of programs within state agencies not |
|
under review when the programs duplicate functions performed in |
|
agencies under review; |
|
(3) make recommendations to improve the operations of |
|
the agency, its policy body, and its advisory committees, including |
|
management recommendations that do not require a change in the |
|
agency's enabling statute; and |
|
(4) make recommendations on the continuation or |
|
abolition of each reporting requirement imposed on the agency by |
|
law. |
|
(b) The department [commission] shall include the estimated |
|
fiscal impact of its recommendations and may recommend |
|
appropriation levels for certain programs to improve the operations |
|
of the state agency, to be forwarded to the Legislative Budget |
|
Board. |
|
(c) The department [commission] shall have drafts of |
|
legislation prepared to carry out the department's [commission's] |
|
recommendations under this section. |
|
(d) After the legislature acts on the report under Section |
|
325.010, the department [commission] shall present to the state |
|
auditor the department's [commission's] recommendations that do not |
|
require a statutory change to be put into effect. Based on a risk |
|
assessment and subject to the legislative audit committee's |
|
approval of including the examination in the audit plan under |
|
Section 321.013, the state auditor may examine the recommendations |
|
and include as part of the next approved audit of the agency a |
|
report on whether the agency has implemented the recommendations |
|
and, if so, in what manner. |
|
SECTION 45. Section 325.0123, Government Code, is amended |
|
to read as follows: |
|
Sec. 325.0123. REVIEW OF CERTAIN AGENCIES FOR RESPECTFUL |
|
LANGUAGE. (a) As part of its review of a health and human services |
|
agency, the department [commission] shall consider and make |
|
recommendations regarding the statutory revisions necessary to use |
|
the phrase "intellectual disability" instead of "mental |
|
retardation" and to use the phrase "person with intellectual |
|
disability" instead of "person with mental retardation." |
|
(b) As part of its review of an agency, the department |
|
[commission] shall consider and recommend, as appropriate, |
|
statutory revisions in accordance with the person first respectful |
|
language initiative under Chapter 392. |
|
SECTION 46. Sections 325.0124(b) and (c), Government Code, |
|
are amended to read as follows: |
|
(b) As part of its review of a state agency, the department |
|
[commission] shall determine whether the state agency sells |
|
personal data the agency possesses. If the state agency sells |
|
personal data, the department [commission] shall determine: |
|
(1) to whom the personal data is sold; |
|
(2) to the extent possible, the purpose for which the |
|
personal data is sold; |
|
(3) the amount the state agency receives for the sale |
|
of the personal data; and |
|
(4) the law that authorizes the state agency to sell |
|
the personal data. |
|
(c) The department [commission] shall recommend prohibiting |
|
the sale of personal data by a state agency, unless the department |
|
[commission] identifies a compelling state or public interest |
|
justifying the state agency's authority to sell the personal data. |
|
If the department [commission] recommends continuing the state |
|
agency's authority to sell personal data, the department |
|
[commission] shall make any recommendations it considers necessary |
|
to protect the personal data from improper use and dissemination. |
|
SECTION 47. Section 325.0125, Government Code, is amended |
|
to read as follows: |
|
Sec. 325.0125. REVIEW OF CERTAIN AGENCIES. (a) In the |
|
two-year period preceding the date scheduled for the abolition of a |
|
state agency under this chapter, the department [commission] may |
|
exempt certain agencies from the requirements of this chapter |
|
relating to staff reports, hearings, and reviews. |
|
(b) The department [commission] may only exempt agencies |
|
that have been inactive for a period of two years preceding the date |
|
the agency is scheduled for abolition, that have been rendered |
|
inactive by an action of the legislature, or that the department |
|
[commission] determines are unable to participate in the review due |
|
to a declared disaster. |
|
(c) The department's [commission's] action in exempting |
|
agencies under this section must be done by an affirmative record |
|
vote and must be decided by a majority of all members present and |
|
voting. |
|
SECTION 48. 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 department [commission] |
|
shall: |
|
(1) monitor legislation affecting agencies that have |
|
undergone DOGE [sunset] review immediately before the legislative |
|
session; |
|
(2) notify the members of the board [commission] about |
|
any amendment to the legislation prepared under Section 325.012(c) |
|
that modifies the department's [commission's] recommendations for a |
|
state agency; and |
|
(3) provide legislative services to support the |
|
passage of the legislation prepared under Section 325.012(c). |
|
SECTION 49. Section 325.0127(b), Government Code, is |
|
amended to read as follows: |
|
(b) A self-directed semi-independent agency shall pay the |
|
costs incurred by the department [commission] in performing a |
|
review of the agency under this chapter. The department |
|
[commission] shall determine the costs of the review, and the |
|
agency shall pay the amount of those costs promptly on receipt of a |
|
statement from the department [commission] regarding those costs. |
|
SECTION 50. Sections 325.018(a), (b), (d), and (f), |
|
Government Code, are amended to read as follows: |
|
(a) The board [commission] may issue process to compel the |
|
attendance of witnesses and the production of books, records, |
|
papers, and other objects necessary or proper for the purposes of |
|
the department [commission] proceedings. The process may be served |
|
on a witness at any place in this state. |
|
(b) If a majority of the board [commission] directs the |
|
issuance of a subpoena, the chairman shall issue the subpoena in the |
|
name of the board [commission]. |
|
(d) If necessary to obtain compliance with a subpoena or |
|
other process, the board [commission] may issue attachments. The |
|
attachments may be addressed to and served by any peace officer in |
|
this state. |
|
(f) A witness who attends a department [commission] |
|
proceeding under process is entitled to the same mileage and per |
|
diem as a witness who appears before a grand jury in this state. |
|
SECTION 51. Section 325.019, Government Code, is amended to |
|
read as follows: |
|
Sec. 325.019. ASSISTANCE OF AND ACCESS TO STATE AGENCIES. |
|
(a) The department [commission] may request the assistance of |
|
state agencies and officers. When assistance is requested, a state |
|
agency or officer shall assist the department [commission]. |
|
(b) In carrying out its functions under this chapter, the |
|
department [commission] or its designated staff member may attend |
|
any meetings and proceedings of any state agency, including any |
|
meeting or proceeding of the governing body of the agency that is |
|
closed to the public, and may inspect the records, documents, and |
|
files of any state agency, including any record, document, or file |
|
that is: |
|
(1) attorney work product; |
|
(2) an attorney-client communication; or |
|
(3) made privileged or confidential by law. |
|
(c) It is the intent of the legislature to allow the board |
|
[commission] and [its] designated department staff members to have |
|
access to all meetings or proceedings of a state agency being |
|
reviewed by the department [commission] under this chapter and to |
|
all records, documents, and files of that agency. To the extent |
|
that this section conflicts with other law that purports to limit |
|
the department's [commission's] access to meetings or proceedings |
|
or to records, documents, and files, this section controls. If |
|
federal law prohibits a state agency from disclosing information in |
|
a record, document, or file to the department [commission], |
|
including information in a record, document, or file created as a |
|
result of or considered during a meeting or proceeding, the state |
|
agency may redact the protected information from the record, |
|
document, or file. |
|
(d) Communications, including conversations, |
|
correspondence, and electronic communications, between the board |
|
[commission] or department [its] staff and a state agency that |
|
relate to a request by the department [commission] for assistance |
|
in conducting a review under this chapter are confidential. A state |
|
agency's internal communications related to a request for |
|
assistance by the department [commission] are confidential, |
|
including any information prepared or maintained by the state |
|
agency at the request of the department [commission] or its staff. |
|
With respect to a document, file, or other record prepared or |
|
maintained by the state agency that was created in the normal course |
|
of the agency's business and not at the request of the department |
|
[commission], the confidentiality created by this subsection |
|
applies only to information in the possession of the department |
|
[commission]. |
|
SECTION 52. Section 325.0195, Government Code, is amended |
|
to read as follows: |
|
Sec. 325.0195. RECORDS PROTECTED FROM DISCLOSURE. (a) A |
|
working paper, including all documentary or other information, |
|
prepared or maintained by the department [commission] staff in |
|
performing its duties under this chapter or other law to conduct an |
|
evaluation and prepare a report is excepted from the public |
|
disclosure requirements of Section 552.021. |
|
(b) A record held by another entity that is considered to be |
|
confidential by law and that the department [commission] receives |
|
in connection with the performance of the department's |
|
[commission's] functions under this chapter or another law remains |
|
confidential and is excepted from the public disclosure |
|
requirements of Section 552.021. |
|
(c) A state agency that provides the department |
|
[commission] with access to a privileged or confidential |
|
communication, record, document, or file under Section 325.019 for |
|
purposes of a review under this chapter does not waive the |
|
attorney-client privilege, or any other privilege or |
|
confidentiality requirement protected or required by the Texas |
|
Constitution, common law, statutory law, or rules of evidence, |
|
procedure, or professional conduct, with respect to the |
|
communication, record, document, or file provided to the department |
|
[commission]. For purposes of this subsection, a communication |
|
includes a discussion that occurs at a meeting or proceeding of the |
|
state agency that is closed to the public. |
|
(d) The state agency may require the department |
|
[commission] or the members of the department's [commission's] |
|
staff who view, handle, or are privy to information, or who attend a |
|
meeting that is not accessible to the public, to sign a |
|
confidentiality agreement that covers the information and requires |
|
that: |
|
(1) the information not be disclosed outside the |
|
department [commission] for purposes other than the purpose for |
|
which it was received; |
|
(2) the information be labeled as confidential; |
|
(3) the information be kept securely; and |
|
(4) the number of copies made of the information or the |
|
notes taken from the information that implicate the confidential |
|
nature of the information be controlled, with all copies or notes |
|
that are not destroyed or returned to the governmental body |
|
remaining confidential and subject to the confidentiality |
|
agreement. |
|
(e) A person who obtains access to confidential information |
|
in connection with the performance of the department's |
|
[commission's] duties under this chapter or another law commits an |
|
offense if the person knowingly: |
|
(1) uses the confidential information for a purpose |
|
other than the purpose for which the information was received or for |
|
a purpose unrelated to the law that permitted the person to obtain |
|
access to the information, including solicitation of political |
|
contributions or solicitation of clients; |
|
(2) permits inspection of the confidential |
|
information by a person who is not authorized to inspect the |
|
information; or |
|
(3) discloses the confidential information to a person |
|
who is not authorized to receive the information. |
|
SECTION 53. Section 325.022, Government Code, is amended to |
|
read as follows: |
|
Sec. 325.022. REVIEW OF PROPOSED LEGISLATION CREATING AN |
|
AGENCY. (a) Each bill filed in a house of the legislature that |
|
would create a new state agency or a new advisory committee to a |
|
state agency shall be reviewed by the department [commission]. |
|
(b) The department [commission] shall review the bill to |
|
determine if: |
|
(1) the proposed functions of the agency or committee |
|
could be administered by one or more existing state agencies or |
|
advisory committees; |
|
(2) the form of regulation, if any, proposed by the |
|
bill is the least restrictive form of regulation that will |
|
adequately protect the public; |
|
(3) the bill provides for adequate public input |
|
regarding any regulatory function proposed by the bill; and |
|
(4) the bill provides for adequate protection against |
|
conflicts of interest within the agency or committee. |
|
(c) On request, the department [commission] shall forward a |
|
written comment on the legislation to the author of the bill and to |
|
the presiding officer of the committee to which the bill is |
|
referred. |
|
SECTION 54. Section 325.023, Government Code, is amended to |
|
read as follows: |
|
Sec. 325.023. REVIEW OF PROPOSED LEGISLATION REGULATING AN |
|
OCCUPATION. (a) Not later than December 31 of an odd-numbered |
|
year, a member of the legislature may submit proposed legislation |
|
that would create an occupational licensing program or |
|
significantly affect an existing occupational licensing program to |
|
the department [commission] for review and analysis. A request |
|
under this section may be submitted after December 31 of an |
|
odd-numbered year on the approval of the board's [commission's] |
|
chair based on the recommendation of the executive director. The |
|
board's [commission's] chair may, on the recommendation of the |
|
executive director, deny a request for review under this section. |
|
(b) If the department [commission] reviews and analyzes |
|
legislation proposing the regulation of an occupation, the |
|
department [commission] shall submit a report to the legislature |
|
before the start of the next legislative session regarding the |
|
department's [commission's] findings on the need for regulating the |
|
occupation and the type of regulation recommended, if any. |
|
(c) In analyzing legislation proposing the creation of an |
|
occupational licensing program, the department [commission] shall |
|
determine whether: |
|
(1) the unregulated practice of the occupation would |
|
be inconsistent with the public interest as defined by Section |
|
325.0115; |
|
(2) the public can reasonably be expected to benefit |
|
from an assurance of initial and continuing professional skill sets |
|
or competencies; and |
|
(3) the public can be more effectively protected by |
|
means other than state regulation. |
|
(d) If the department [commission] reviews and analyzes |
|
proposed legislation amending an existing occupational licensing |
|
program, the department [commission] shall submit a report to the |
|
legislature before the start of the next legislative session |
|
regarding the department's [commission's] findings on the need for |
|
the proposed legislation. |
|
SECTION 55. Section 325.024, Government Code, is amended to |
|
read as follows: |
|
Sec. 325.024. GIFTS AND GRANTS. (a) The department |
|
[commission] may accept gifts, grants, and donations from any |
|
organization described in Section 501(c)(3) of the Internal Revenue |
|
Code for the purpose of funding any activity under this chapter. |
|
(b) All gifts, grants, and donations must be accepted in an |
|
open meeting by a majority of the voting members of the board |
|
[commission] and reported in the public record of the department |
|
[commission] with the name of the donor and purpose of the gift, |
|
grant, or donation. |
|
SECTION 56. Sections 325.025(d) and (e), Government Code, |
|
are amended to read as follows: |
|
(d) A river authority shall pay the cost incurred by the |
|
department [commission] in performing a review of the authority |
|
under this section. The department [commission] shall determine |
|
the cost, and the authority shall pay the amount promptly on receipt |
|
of a statement from the department [commission] detailing the cost. |
|
(e) A river authority reviewed by the department |
|
[commission] under this section may not be required to conduct a |
|
management audit under Chapter 292, Title 30, Texas Administrative |
|
Code. |
|
SECTION 57. The heading to Section 326.003, Government |
|
Code, is amended to read as follows: |
|
Sec. 326.003. COMMITTEE OF STATE AUDITOR'S OFFICE, |
|
LEGISLATIVE BUDGET BOARD, AND DEPARTMENT OF GOVERNMENT EFFICIENCY |
|
[SUNSET ADVISORY COMMISSION]. |
|
SECTION 58. Section 326.003(a), Government Code, is amended |
|
to read as follows: |
|
(a) The State Auditor's Office, Legislative Budget Board, |
|
and Department of Government Efficiency [Sunset Advisory |
|
Commission] shall form a committee to make recommendations relating |
|
to the coordination of the agencies' functions. |
|
SECTION 59. Section 411.002(c), Government Code, is amended |
|
to read as follows: |
|
(c) The Department of Public Safety of the State of Texas is |
|
subject to Chapter 325 (Texas DOGE [Sunset] Act). Unless continued |
|
in existence as provided by that chapter, the department is |
|
abolished and Subsections (a) and (b) expire September 1, 2031. |
|
SECTION 60. Section 419.003, Government Code, is amended to |
|
read as follows: |
|
Sec. 419.003. DOGE [SUNSET] PROVISION. The Texas |
|
Commission on Fire Protection is subject to Chapter 325 (Texas DOGE |
|
[Sunset] Act). Unless continued in existence as provided by that |
|
chapter, the commission is abolished September 1, 2035. |
|
SECTION 61. Section 420A.004, Government Code, is amended |
|
to read as follows: |
|
Sec. 420A.004. DOGE [SUNSET] PROVISION. The Texas Civil |
|
Commitment Office is subject to Chapter 325 (Texas DOGE [Sunset] |
|
Act). Unless continued in existence as provided by that chapter, |
|
the office is abolished and this chapter expires September 1, 2027. |
|
SECTION 62. Section 434.002, Government Code, is amended to |
|
read as follows: |
|
Sec. 434.002. APPLICATION OF DOGE [SUNSET], OPEN MEETINGS, |
|
AND ADMINISTRATIVE PROCEDURE LAWS. (a) The Texas Veterans |
|
Commission is subject to Chapter 325 (Texas DOGE [Sunset] Act). |
|
Unless continued in existence as provided by that chapter, the |
|
commission is abolished September 1, 2031. |
|
(b) The commission is subject to Chapter 551, and Chapter |
|
2001. |
|
SECTION 63. Section 437.051, Government Code, is amended to |
|
read as follows: |
|
Sec. 437.051. DOGE [SUNSET] PROVISION. The department is |
|
subject to Chapter 325 (Texas DOGE [Sunset] Act). Unless continued |
|
in existence as provided by that chapter, the department is |
|
abolished September 1, 2031. |
|
SECTION 64. Section 441.001(q), Government Code, is amended |
|
to read as follows: |
|
(q) The Texas State Library and Archives Commission is |
|
subject to Chapter 325 (Texas DOGE [Sunset] Act). Unless continued |
|
in existence as provided by that chapter, the commission is |
|
abolished September 1, 2031. |
|
SECTION 65. The heading to Section 442.002, Government |
|
Code, is amended to read as follows: |
|
Sec. 442.002. COMMISSION; MEMBERS; DOGE [SUNSET] ACT. |
|
SECTION 66. Section 442.002(k), Government Code, is amended |
|
to read as follows: |
|
(k) The Texas Historical Commission is subject to Chapter |
|
325 (Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the commission is abolished and this |
|
chapter expires September 1, 2031. |
|
SECTION 67. Section 443.002, Government Code, is amended to |
|
read as follows: |
|
Sec. 443.002. DOGE [SUNSET] PROVISION. The State |
|
Preservation Board is subject to Chapter 325 (Texas DOGE [Sunset] |
|
Act). Unless continued in existence as provided by that chapter, |
|
the board is abolished and this chapter expires September 1, 2029. |
|
SECTION 68. The heading to Section 444.002, Government |
|
Code, is amended to read as follows: |
|
Sec. 444.002. APPLICATION OF DOGE [SUNSET], OPEN MEETINGS, |
|
AND ADMINISTRATIVE PROCEDURES LAWS. |
|
SECTION 69. Section 444.002(a), Government Code, is amended |
|
to read as follows: |
|
(a) The Texas Commission on the Arts is subject to Chapter |
|
325 (Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the commission is abolished and this |
|
chapter expires September 1, 2029. |
|
SECTION 70. Section 448.002, Government Code, is amended to |
|
read as follows: |
|
Sec. 448.002. DOGE [SUNSET] REVIEW. The advisory |
|
commission shall be reviewed during the period in which the Texas |
|
Historical Commission is reviewed under Chapter 325. |
|
SECTION 71. Section 467.002, Government Code, is amended to |
|
read as follows: |
|
Sec. 467.002. APPLICATION OF DOGE [SUNSET] ACT. The |
|
commission is subject to review under Chapter 325 (Texas DOGE |
|
[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, 2025. |
|
SECTION 72. Sections 472.051(c) and (d), Government Code, |
|
are amended to read as follows: |
|
(c) The Department of Government Efficiency [Sunset |
|
Advisory Commission] shall examine each agency's performance as a |
|
self-directed and semi-independent agency and the agency's |
|
compliance with this chapter as part of the department's |
|
[commission's] periodic review of the agency under Chapter 325 |
|
(Texas DOGE [Sunset] Act). |
|
(d) Each agency shall pay the cost incurred by the |
|
Department of Government Efficiency [Sunset Advisory Commission] |
|
in performing a review of the agency under the agency's enabling |
|
legislation. The Department of Government Efficiency [Sunset |
|
Advisory Commission] shall determine the cost, and the agency shall |
|
pay the amount promptly on receipt of a statement from the |
|
Department of Government Efficiency [Sunset Advisory Commission] |
|
detailing the cost. |
|
SECTION 73. Section 481.003, Government Code, is amended to |
|
read as follows: |
|
Sec. 481.003. DOGE [SUNSET] PROVISION. The Texas Economic |
|
Development and Tourism Office is subject to Chapter 325 (Texas |
|
DOGE [Sunset] Act). Unless continued in existence as provided by |
|
that chapter, the office is abolished September 1, 2035. |
|
SECTION 74. Section 482.103, Government Code, is amended to |
|
read as follows: |
|
Sec. 482.103. DOGE [SUNSET] PROVISION. The commission is |
|
subject to Chapter 325 (Texas DOGE [Sunset] Act). Unless continued |
|
in existence as provided by that chapter, the commission is |
|
abolished and this chapter expires September 1, 2032. |
|
SECTION 75. Section 482.602, Government Code, is amended to |
|
read as follows: |
|
Sec. 482.602. DOGE [SUNSET] PROVISION. The consortium is |
|
subject to Chapter 325 (Texas DOGE [Sunset] Act). Unless continued |
|
in existence as provided by that chapter, the consortium is |
|
abolished and this subchapter expires September 1, 2032. |
|
SECTION 76. Section 492.012, Government Code, is amended to |
|
read as follows: |
|
Sec. 492.012. DOGE [SUNSET] PROVISION. The Texas Board of |
|
Criminal Justice and the Texas Department of Criminal Justice are |
|
subject to Chapter 325 (Texas DOGE [Sunset] Act). Unless continued |
|
in existence as provided by that chapter, the board and the |
|
department are abolished September 1, 2025. |
|
SECTION 77. Section 501.132, Government Code, is amended to |
|
read as follows: |
|
Sec. 501.132. APPLICATION OF DOGE [SUNSET] ACT. The |
|
Correctional Managed Health Care Committee is subject to review |
|
under Chapter 325 (Texas DOGE [Sunset] Act) regarding the |
|
committee's role and responsibilities. The committee shall be |
|
reviewed during the period in which the Texas Department of |
|
Criminal Justice is reviewed. |
|
SECTION 78. Section 508.051, Government Code, is amended to |
|
read as follows: |
|
Sec. 508.051. DOGE [SUNSET] PROVISION. The Board of |
|
Pardons and Paroles is subject to review under Chapter 325 (Texas |
|
DOGE [Sunset] Act), but is not abolished under that chapter. The |
|
board shall be reviewed during the period in which the Texas |
|
Department of Criminal Justice is reviewed. |
|
SECTION 79. Section 511.003, Government Code, is amended to |
|
read as follows: |
|
Sec. 511.003. DOGE [SUNSET] PROVISION. The Commission on |
|
Jail Standards is subject to Chapter 325 (Texas DOGE [Sunset] Act). |
|
Unless continued in existence as provided by that chapter, the |
|
commission is abolished September 1, 2035. |
|
SECTION 80. Section 523.0003, Government Code, as effective |
|
April 1, 2025, is amended to read as follows: |
|
Sec. 523.0003. DOGE [SUNSET] PROVISION. The Health and |
|
Human Services Commission is subject to Chapter 325 (Texas DOGE |
|
[Sunset] Act). Unless continued in existence as provided by that |
|
chapter, the commission is abolished September 1, 2027, and Chapter |
|
531 and revised provisions derived from Chapter 531, as that |
|
chapter existed on March 31, 2025, expire on that date. |
|
SECTION 81. Section 531.0045, Government Code, is |
|
transferred to Subchapter A, Chapter 523, Government Code, as |
|
effective April 1, 2025, redesignated as Section 523.00031, |
|
Government Code, and amended to read as follows: |
|
Sec. 523.00031 [531.0045]. LIMIT ON DOGE [SUNSET] REVIEW. |
|
The Department of Government Efficiency's [Sunset Advisory |
|
Commission's] review of the commission [Health and Human Services |
|
Commission] under Chapter 325 (Texas DOGE [Sunset] Act) during the |
|
period in which state agencies abolished in 2027 are reviewed may |
|
not include a review of the family support services programs |
|
transferred to the commission under Chapter 137, Human Resources |
|
Code, or the Thriving Texas Families Program established under |
|
Chapter 54, Health and Safety Code. This section expires September |
|
1, 2027. |
|
SECTION 82. Section 531.499, Government Code, as added by |
|
Chapter 484 (H.B. 728), Acts of the 88th Legislature, Regular |
|
Session, 2023, is transferred to Chapter 526, Government Code, as |
|
effective April 1, 2025, redesignated as Section 526.0809, |
|
Government Code, and amended to read as follows: |
|
Sec. 526.0809 [531.499]. APPLICATION OF DOGE [SUNSET] ACT. |
|
The council is subject to Chapter 325 (Texas DOGE [Sunset] Act). |
|
The council shall be reviewed during the period in which the |
|
commission is reviewed under Section 523.0003 [531.004]. Unless |
|
continued in existence as provided by Chapter 325, the council is |
|
abolished and this subchapter expires on the date on which the |
|
commission is subject to abolishment under that section. |
|
SECTION 83. Section 571.022, Government Code, is amended to |
|
read as follows: |
|
Sec. 571.022. DOGE [SUNSET] PROVISION. The commission is |
|
subject to review under Chapter 325 (Texas DOGE [Sunset] Act), but |
|
is not abolished under that chapter. The commission shall be |
|
reviewed during the periods in which state agencies abolished in |
|
2013 and every 12th year after that year are reviewed. |
|
SECTION 84. Section 659.140(i), Government Code, is amended |
|
to read as follows: |
|
(i) The state employee charitable campaign policy committee |
|
is subject to the Texas DOGE [Sunset] Act. Unless continued in |
|
existence as provided by that chapter, the committee is abolished |
|
and this subchapter and Sections 814.0095 and 814.0096 expire on |
|
September 1, 2029. |
|
SECTION 85. Section 751.003, Government Code, is amended to |
|
read as follows: |
|
Sec. 751.003. DOGE [SUNSET] PROVISION. The Office of |
|
State-Federal Relations is subject to Chapter 325 (Texas DOGE |
|
[Sunset] Act). Unless continued in existence as provided by that |
|
chapter, the office is abolished September 1, 2035. |
|
SECTION 86. Section 776.007, Government Code, is amended to |
|
read as follows: |
|
Sec. 776.007. DOGE [SUNSET] PROVISION. (a) The committee |
|
is subject to Chapter 325 (Texas DOGE [Sunset] Act). |
|
(b) To the extent that Chapter 325 (Texas DOGE [Sunset] Act) |
|
places a duty on a state agency subject to review under that |
|
chapter, the State Soil and Water Conservation Board shall perform |
|
the duty as it relates to the committee. |
|
(c) The committee shall be reviewed during each period in |
|
which the State Soil and Water Conservation Board is reviewed. |
|
SECTION 87. Section 801.107, Government Code, is amended to |
|
read as follows: |
|
Sec. 801.107. DOGE [SUNSET] PROVISION. The State Pension |
|
Review Board is subject to Chapter 325 (Texas DOGE [Sunset] Act). |
|
Unless continued in existence as provided by that chapter, the |
|
board is abolished and this chapter expires September 1, 2029. |
|
SECTION 88. Section 815.005, Government Code, is amended to |
|
read as follows: |
|
Sec. 815.005. DOGE [SUNSET] PROVISION. The board of |
|
trustees of the Employees Retirement System of Texas is subject to |
|
review under Chapter 325 (Texas DOGE [Sunset] Act), but is not |
|
abolished under that chapter. The board shall be reviewed during |
|
the period in which state agencies abolished in 2029, and every 12th |
|
year after that year, are reviewed. |
|
SECTION 89. Section 825.006, Government Code, is amended to |
|
read as follows: |
|
Sec. 825.006. DOGE [SUNSET] PROVISION. The board of |
|
trustees of the Teacher Retirement System of Texas is subject to |
|
review under Chapter 325 (Texas DOGE [Sunset] Act), but is not |
|
abolished under that chapter. The board shall be reviewed during |
|
the period in which state agencies abolished in 2035, and every 12th |
|
year after that year, are reviewed. |
|
SECTION 90. Section 865.0011, Government Code, is amended |
|
to read as follows: |
|
Sec. 865.0011. DOGE [SUNSET] REVIEW. The state board of the |
|
pension system is subject to review under Chapter 325 (Texas DOGE |
|
[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, and every 12th year after that |
|
year, are reviewed. |
|
SECTION 91. Section 1232.072, Government Code, is amended |
|
to read as follows: |
|
Sec. 1232.072. DOGE [SUNSET] PROVISION. The Texas Public |
|
Finance Authority is subject to Chapter 325 (Texas DOGE [Sunset] |
|
Act). Unless continued in existence as provided by that chapter, |
|
the authority is abolished and this chapter expires September 1, |
|
2029. |
|
SECTION 92. Section 2003.023, Government Code, is amended |
|
to read as follows: |
|
Sec. 2003.023. DOGE [SUNSET] PROVISION. The State Office |
|
of Administrative Hearings is subject to review under Chapter 325 |
|
(Texas DOGE [Sunset] Act), but is not abolished under that chapter. |
|
The office shall be reviewed during the periods in which state |
|
agencies abolished in 2027 and every 12th year after 2027 are |
|
reviewed. |
|
SECTION 93. Section 2054.005, Government Code, is amended |
|
to read as follows: |
|
Sec. 2054.005. DOGE [SUNSET] PROVISION. (a) The |
|
Department of Information Resources is subject to Chapter 325 |
|
(Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the department is abolished and this |
|
chapter expires September 1, 2025. |
|
SECTION 94. Section 2056.010, Government Code, is amended |
|
to read as follows: |
|
Sec. 2056.010. AGENCY CONFORMANCE TO STRATEGIC PLAN. The |
|
comptroller, the Department of Government Efficiency [Sunset |
|
Advisory Commission], the state auditor, the Legislative Budget |
|
Board, or another agency that conducts performance audits of a |
|
state agency shall consider in the evaluation of an agency the |
|
extent to which the agency conforms to the agency's strategic plan. |
|
SECTION 95. Section 2152.002, Government Code, is amended |
|
to read as follows: |
|
Sec. 2152.002. DOGE [SUNSET] PROVISION. The Texas |
|
Facilities Commission is subject to Chapter 325 (Texas DOGE |
|
[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. |
|
SECTION 96. Section 2261.258(b), Government Code, is |
|
amended to read as follows: |
|
(b) In assigning a rating to a state agency as required |
|
under Subsection (a), the state auditor shall consider the |
|
following information, as applicable: |
|
(1) results of an audit of: |
|
(A) the agency conducted by the state auditor |
|
under Chapter 321; or |
|
(B) the agency's contracts and contract |
|
processes and controls conducted by the agency's internal auditors |
|
or by the state auditor; |
|
(2) results of a purchase audit conducted by the |
|
comptroller under Section 2155.325; |
|
(3) information reported by the quality assurance team |
|
established under Section 2054.158 relating to the agency's major |
|
information resources projects; |
|
(4) information from the Contract Advisory Team |
|
established under Subchapter C, Chapter 2262, relating to reviews |
|
of the agency's contracts and contract solicitation documents; |
|
(5) information relating to agency findings from a |
|
review of the agency conducted by: |
|
(A) the Legislative Budget Board; and |
|
(B) the Department of Government Efficiency |
|
[Sunset Advisory Commission] under Chapter 325 (Texas DOGE [Sunset] |
|
Act); |
|
(6) the agency's self-reported improvements to the |
|
agency's contracting processes; and |
|
(7) any additional internal analysis provided by the |
|
agency. |
|
SECTION 97. Section 2306.022, Government Code, is amended |
|
to read as follows: |
|
Sec. 2306.022. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
Department of Housing and Community Affairs is subject to Chapter |
|
325 (Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the department is abolished and this |
|
chapter expires September 1, 2029. |
|
SECTION 98. Section 2306.5521, Government Code, is amended |
|
to read as follows: |
|
Sec. 2306.5521. DOGE [SUNSET] PROVISION. The Texas State |
|
Affordable Housing Corporation is subject to Chapter 325 (Texas |
|
DOGE [Sunset] Act). Unless continued in existence as provided by |
|
that chapter, the corporation is abolished and this subchapter |
|
expires September 1, 2029. |
|
SECTION 99. Section 2308.005, Government Code, is amended |
|
to read as follows: |
|
Sec. 2308.005. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
Workforce Investment Council is subject to Chapter 325 (Texas DOGE |
|
[Sunset] Act). Unless continued in existence as provided by that |
|
chapter, the council is abolished September 1, 2027. The council |
|
shall be reviewed during the period in which the Texas Workforce |
|
Commission is reviewed. |
|
SECTION 100. Section 4002.002, Government Code, is amended |
|
to read as follows: |
|
Sec. 4002.002. DOGE [SUNSET] PROVISION. The State |
|
Securities Board is subject to Chapter 325 (Texas DOGE [Sunset] |
|
Act). Unless continued in existence as provided by that chapter, |
|
the board is abolished and this title expires September 1, 2031. |
|
SECTION 101. Section 34.018, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 34.018. DOGE [SUNSET] PROVISION. (a) The review |
|
committee is subject to Chapter 325, Government Code (Texas DOGE |
|
[Sunset] Act). Unless continued in existence as provided by that |
|
chapter, the review committee is abolished and this chapter expires |
|
September 1, 2027. |
|
(b) The Department of Government Efficiency [Sunset |
|
Advisory Commission] shall review the review committee during the |
|
two-year period preceding the date the department is scheduled for |
|
abolition under Section 1001.003, but the review committee is |
|
continued in existence until the date provided by Subsection (a). |
|
This subsection expires September 1, 2025. |
|
SECTION 102. Section 102.003, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 102.003. DOGE [SUNSET] PROVISION. The Cancer |
|
Prevention and Research Institute of Texas is subject to Chapter |
|
325, Government Code (Texas DOGE [Sunset] Act). Unless continued |
|
in existence as provided by that chapter, the institute is |
|
abolished and this chapter expires September 1, 2029. |
|
SECTION 103. Section 108.016, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 108.016. DOGE [SUNSET] REVIEW. Unless the department |
|
is continued in existence in accordance with Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act), after the review |
|
required by Section 1001.003, this chapter expires on the date the |
|
department is abolished under that section. |
|
SECTION 104. Section 117.002, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 117.002. APPLICATION OF DOGE [SUNSET] ACT. The Public |
|
Health Funding and Policy Committee is subject to Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act). Unless continued in |
|
existence as provided by that chapter, the committee is abolished |
|
and this chapter expires September 1, 2027. |
|
SECTION 105. Section 119A.009, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 119A.009. DOGE [SUNSET] PROVISION. The Pediatric |
|
Acute-Onset Neuropsychiatric Syndrome Advisory Council is subject |
|
to Chapter 325, Government Code (Texas DOGE [Sunset] Act). Unless |
|
continued in existence as provided by that chapter, the advisory |
|
council is abolished and this chapter expires September 1, 2033. |
|
SECTION 106. Section 120.002, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 120.002. DOGE [SUNSET] PROVISION. The task force is |
|
subject to Chapter 325, Government Code (Texas DOGE [Sunset] Act). |
|
Unless continued in existence as provided by that chapter, the task |
|
force is abolished and this chapter expires September 1, 2029. |
|
SECTION 107. Section 182.004, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 182.004. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
Health Services Authority is subject to Chapter 325, Government |
|
Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the corporation is abolished and this |
|
section, Section 182.001, and Subchapters B and C expire September |
|
1, 2027. |
|
SECTION 108. Section 241.187(l), Health and Safety Code, as |
|
amended by Chapters 596 (S.B. 619) and 600 (S.B. 749), Acts of the |
|
86th Legislature, Regular Session, 2019, is reenacted and amended |
|
to read as follows: |
|
(l) The advisory council is subject to Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act). The advisory council |
|
shall be reviewed during the period in which the Department of State |
|
Health Services is reviewed. |
|
SECTION 109. The heading to Section 403.0054, Health and |
|
Safety Code, is amended to read as follows: |
|
Sec. 403.0054. APPLICABILITY OF DOGE [SUNSET] ACT. |
|
SECTION 110. Sections 403.0054(a) and (c), Health and |
|
Safety Code, are amended to read as follows: |
|
(a) The commission is subject to review under Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act), as if it were a state |
|
agency subject to review under that chapter, but may not be |
|
abolished under that chapter. |
|
(c) The commission shall pay the cost incurred by the |
|
Department of Government Efficiency [Sunset Advisory Commission] |
|
in performing a review of the commission under this section. The |
|
Department of Government Efficiency [Sunset Advisory Commission] |
|
shall determine the cost, and the commission shall pay the amount |
|
promptly on receipt of a statement from the Department of |
|
Government Efficiency [Sunset Advisory Commission] detailing the |
|
cost. |
|
SECTION 111. Section 771.032, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 771.032. APPLICATION OF DOGE [SUNSET] ACT. The |
|
Commission on State Emergency Communications is subject to Chapter |
|
325, Government Code (Texas DOGE [Sunset] Act). Unless continued |
|
in existence as provided by that chapter, the commission is |
|
abolished and this chapter expires September 1, 2029. |
|
SECTION 112. Section 1001.003, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 1001.003. DOGE [SUNSET] PROVISION. The Department of |
|
State Health Services is subject to Chapter 325, Government Code |
|
(Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the department is abolished and this |
|
chapter expires September 1, 2027. |
|
SECTION 113. Section 40.003, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 40.003. DOGE [SUNSET] PROVISION. The Department of |
|
Family and Protective Services is subject to Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act). Unless continued in |
|
existence as provided by that chapter, the department is abolished |
|
and this chapter expires September 1, 2027. |
|
SECTION 114. Section 112.023, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 112.023. DOGE [SUNSET] PROVISION. The Texas Council |
|
for Developmental Disabilities is subject to Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act). Unless continued in |
|
existence as provided by that chapter, the council is abolished and |
|
this chapter expires September 1, 2027. |
|
SECTION 115. Section 115.005, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 115.005. DOGE [SUNSET] PROVISION. The Governor's |
|
Committee on People with Disabilities is subject to Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act). Unless continued in |
|
existence as provided by that chapter, the committee is abolished |
|
and this chapter expires September 1, 2027. |
|
SECTION 116. Section 117.003, Human Resources Code, as |
|
effective April 1, 2025, is amended to read as follows: |
|
Sec. 117.003. DOGE [SUNSET] PROVISION. Unless the |
|
commission is continued in existence as provided by Chapter 325, |
|
Government Code, after the review required by Section 523.0003, |
|
Government Code, this chapter expires on the date the commission is |
|
abolished under that section. |
|
SECTION 117. Section 122.0012, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 122.0012. DOGE [SUNSET] PROVISION. [(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 DOGE [Sunset] Act). Notwithstanding any |
|
other law, that authority expires September 1, 2027, unless |
|
continued in existence as provided by Chapter 325, Government Code. |
|
SECTION 118. Section 161.003, Human Resources Code, as |
|
effective April 1, 2025, is amended to read as follows: |
|
Sec. 161.003. DOGE [SUNSET] PROVISION. Unless the |
|
commission is continued in existence as provided by Chapter 325, |
|
Government Code, after the review required by Section 523.0003, |
|
Government Code, this chapter expires on the date the commission is |
|
abolished under that section. |
|
SECTION 119. Section 202.010, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 202.010. DOGE [SUNSET] PROVISION. The Texas Juvenile |
|
Justice Board and the Texas Juvenile Justice Department are subject |
|
to Chapter 325, Government Code (Texas DOGE [Sunset] Act). Unless |
|
continued in existence as provided by that chapter, the board and |
|
the department are abolished September 1, 2027. |
|
SECTION 120. Section 203.002(d), Human Resources Code, is |
|
amended to read as follows: |
|
(d) The executive director shall provide the board and the |
|
Department of Government Efficiency [Sunset Advisory Commission] |
|
at the beginning of each calendar quarter aggregated data on the |
|
number of times each action described by Subsection (c) was taken |
|
during the previous calendar quarter. |
|
SECTION 121. Section 203.017(a-1), Human Resources Code, is |
|
amended to read as follows: |
|
(a-1) The department shall update and submit the |
|
regionalization plan developed under Subsection (a) to the |
|
Department of Government Efficiency [Sunset Advisory Commission] |
|
and standing legislative committees with primary jurisdiction over |
|
juvenile justice matters by December 1 of each even-numbered year. |
|
Before submitting the plan, the department must present an updated |
|
draft of the regionalization plan to the board for public comment |
|
and board approval. |
|
SECTION 122. Section 261.054, Human Resources Code, is |
|
amended to read as follows: |
|
Sec. 261.054. DOGE [SUNSET] PROVISION. The office is |
|
subject to review under Chapter 325, Government Code (Texas DOGE |
|
[Sunset] Act), but is not abolished under that chapter. The office |
|
shall be reviewed during the periods in which the Texas Juvenile |
|
Justice Department or its successor agency is reviewed. |
|
SECTION 123. The heading to Section 31.004, Insurance Code, |
|
is amended to read as follows: |
|
Sec. 31.004. DOGE [SUNSET] PROVISION. |
|
SECTION 124. Section 31.004(a), Insurance Code, is amended |
|
to read as follows: |
|
(a) The Texas Department of Insurance is subject to Chapter |
|
325, Government Code (Texas DOGE [Sunset] Act). Unless continued |
|
in existence as provided by that chapter, the department is |
|
abolished September 1, 2029. |
|
SECTION 125. Section 501.003, Insurance Code, is amended to |
|
read as follows: |
|
Sec. 501.003. DOGE [SUNSET] PROVISION. The office is |
|
subject to Chapter 325, Government Code (Texas DOGE [Sunset] Act). |
|
Unless continued in existence as provided by that chapter, the |
|
office is abolished September 1, 2029. |
|
SECTION 126. Section 1805.060, Insurance Code, is amended |
|
to read as follows: |
|
Sec. 1805.060. DOGE [SUNSET] REVIEW. During the period in |
|
which the Department of Government Efficiency [Sunset Advisory |
|
Commission] performs its review of the department under Chapter |
|
325, Government Code, the commission shall review the authority |
|
granted under this subchapter. |
|
SECTION 127. The heading to Section 2210.002, Insurance |
|
Code, is amended to read as follows: |
|
Sec. 2210.002. SHORT TITLE; DOGE [SUNSET] PROVISION. |
|
SECTION 128. Section 2210.002(b), Insurance Code, is |
|
amended to read as follows: |
|
(b) The association is subject to review under Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act), but is not abolished |
|
under that chapter. The association shall be reviewed during the |
|
period in which state agencies abolished in 2031 are reviewed. The |
|
association shall pay the costs incurred by the Department of |
|
Government Efficiency [Sunset Advisory Commission] in performing |
|
the review of the association under this subsection. The |
|
Department of Government Efficiency [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 Department of |
|
Government Efficiency [Sunset Advisory Commission] regarding those |
|
costs. This subsection expires September 1, 2031. |
|
SECTION 129. Section 2210.0025, Insurance Code, is amended |
|
to read as follows: |
|
Sec. 2210.0025. BIENNIAL REPORT TO LEGISLATURE. On or |
|
before December 31 of each even-numbered year, the board of |
|
directors shall submit to the commissioner, the appropriate |
|
committees of each house of the legislature, and the Department of |
|
Government Efficiency [Sunset Advisory Commission] a written |
|
report relating to the operations of the association during the |
|
preceding biennium. The report must include: |
|
(1) any proposed changes in the laws relating to |
|
regulation of the association and a statement of the reasons for the |
|
changes; and |
|
(2) any information regarding association operations |
|
or procedures that is requested by the department to be addressed in |
|
the report. |
|
SECTION 130. The heading to Subchapter A, Chapter 201, |
|
Labor Code, is amended to read as follows: |
|
SUBCHAPTER A. SHORT TITLE[; APPLICATION OF SUNSET ACT] |
|
SECTION 131. Section 301.008, Labor Code, is amended to |
|
read as follows: |
|
Sec. 301.008. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
Workforce Commission is subject to Chapter 325, Government Code |
|
(Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the commission is abolished September 1, |
|
2027. |
|
SECTION 132. The heading to Subchapter A, Chapter 401, |
|
Labor Code, is amended to read as follows: |
|
SUBCHAPTER A. SHORT TITLE[; APPLICATION OF SUNSET ACT] |
|
SECTION 133. Section 404.003, Labor Code, is amended to |
|
read as follows: |
|
Sec. 404.003. DOGE [SUNSET] PROVISION. The office of |
|
injured employee counsel is subject to Chapter 325, Government Code |
|
(Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the office is abolished and this chapter |
|
expires September 1, 2029. |
|
SECTION 134. Section 412.021(f), Labor Code, is amended to |
|
read as follows: |
|
(f) The risk management board and the office are subject to |
|
Chapter 325, Government Code (Texas DOGE [Sunset] Act). Unless |
|
continued in existence as provided by that chapter, the board is |
|
abolished and this section expires September 1, 2031. |
|
SECTION 135. Section 31.156(a), Natural Resources Code, is |
|
amended to read as follows: |
|
(a) The division shall review the real property inventory of |
|
each state agency not less than every four years, and a review shall |
|
be made during the calendar year before the agency is scheduled for |
|
abolition under the Texas DOGE [Sunset] Act (Chapter 325, |
|
Government Code). The division may verify the accuracy of |
|
inventory records provided by an agency. |
|
SECTION 136. Section 32.003, Natural Resources Code, is |
|
amended to read as follows: |
|
Sec. 32.003. APPLICATION OF DOGE [SUNSET] ACT. The School |
|
Land Board is subject to Chapter 325, Government Code (Texas DOGE |
|
[Sunset] Act). Unless continued in existence as provided by that |
|
chapter, the board is abolished September 1, 2031. |
|
SECTION 137. Section 81.01001, Natural Resources Code, is |
|
amended to read as follows: |
|
Sec. 81.01001. DOGE [SUNSET] PROVISION. (a) The Railroad |
|
Commission of Texas is subject to Chapter 325, Government Code |
|
(Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the commission is abolished September 1, |
|
2029. |
|
(b) The Railroad Commission of Texas shall pay the costs |
|
incurred by the Department of Government Efficiency [Sunset |
|
Advisory Commission] in performing a review of the commission under |
|
this section. The Department of Government Efficiency [Sunset |
|
Advisory Commission] shall determine the costs, and the commission |
|
shall pay the amount of those costs promptly on receipt of a |
|
statement from the Department of Government Efficiency [Sunset |
|
Advisory Commission] detailing the costs. |
|
SECTION 138. Section 153.044, Natural Resources Code, is |
|
amended to read as follows: |
|
Sec. 153.044. DOGE [SUNSET] PROVISION. The Prescribed |
|
Burning Board is subject to Chapter 325, Government Code (Texas |
|
DOGE [Sunset] Act). The board shall be reviewed during the period |
|
in which the Department of Agriculture is reviewed. |
|
SECTION 139. Section 161.0111, Natural Resources Code, is |
|
amended to read as follows: |
|
Sec. 161.0111. DOGE [SUNSET] PROVISION. The Veterans' Land |
|
Board is subject to review under Chapter 325, Government Code |
|
(Texas DOGE [Sunset] Act), but is not abolished under that chapter. |
|
The board shall be reviewed during the period in which state |
|
agencies abolished in 2031 are reviewed and every 12th year after |
|
that. |
|
SECTION 140. Section 51.002, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 51.002. APPLICATION OF DOGE [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 DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the commission and the department are |
|
abolished September 1, 2033. |
|
SECTION 141. Section 101.306(c), Occupations Code, is |
|
amended to read as follows: |
|
(c) The office shall recommend changes to the statutes |
|
described by Subsection (a) to the Department of Government |
|
Efficiency [Sunset Advisory Commission] during the commission's |
|
review of the relevant licensing agency. |
|
SECTION 142. Section 151.004, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 151.004. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
Medical Board is subject to Chapter 325, Government Code (Texas |
|
DOGE [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. |
|
SECTION 143. Section 201.004, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 201.004. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
Board of Chiropractic Examiners is subject to Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act). Unless continued in |
|
existence as provided by that chapter, the board is abolished and |
|
this chapter expires September 1, 2033. |
|
SECTION 144. Section 251.005, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 251.005. APPLICATION OF DOGE [SUNSET] ACT. The State |
|
Board of Dental Examiners is subject to Chapter 325, Government |
|
Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the board is abolished September 1, 2033. |
|
SECTION 145. Section 301.003, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 301.003. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
Board of Nursing is subject to Chapter 325, Government Code (Texas |
|
DOGE [Sunset] Act). Unless continued in existence as provided by |
|
that chapter, the board is abolished September 1, 2033. |
|
SECTION 146. Section 351.004, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 351.004. DOGE [SUNSET] PROVISION. The Texas Optometry |
|
Board is subject to Chapter 325, Government Code (Texas DOGE |
|
[Sunset] Act). Unless continued in existence as provided by that |
|
chapter, the board is abolished and this chapter expires September |
|
1, 2033. |
|
SECTION 147. Section 452.002, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 452.002. APPLICATION OF DOGE [SUNSET] ACT. The |
|
Executive Council of Physical Therapy and Occupational Therapy |
|
Examiners is subject to Chapter 325, Government Code (Texas DOGE |
|
[Sunset] Act). Unless continued in existence as provided by that |
|
chapter, the executive council is abolished and the following laws |
|
expire September 1, 2033: |
|
(1) this chapter; |
|
(2) Chapter 453; and |
|
(3) Chapter 454. |
|
SECTION 148. Section 453.002, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 453.002. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
Board of Physical Therapy Examiners is subject to Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act). Unless continued in |
|
existence as provided by that chapter, the board is abolished and |
|
this chapter expires September 1, 2033. |
|
SECTION 149. Section 454.003, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 454.003. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
Board of Occupational Therapy Examiners is subject to Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act). Unless continued in |
|
existence as provided by that chapter, the board is abolished and |
|
this chapter expires September 1, 2033. |
|
SECTION 150. Section 507.002, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 507.002. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
Behavioral Health Executive Council is subject to Chapter 325, |
|
Government Code (Texas DOGE [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. |
|
SECTION 151. Section 551.005, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 551.005. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
State Board of Pharmacy is subject to Chapter 325, Government Code |
|
(Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the board is abolished and this subtitle |
|
expires September 1, 2033. |
|
SECTION 152. Section 651.002, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 651.002. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
Funeral Service Commission is subject to Chapter 325, Government |
|
Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the commission is abolished and this |
|
chapter expires September 1, 2031. |
|
SECTION 153. Section 801.003, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 801.003. APPLICATION OF DOGE [SUNSET] ACT. The State |
|
Board of Veterinary Medical Examiners is subject to Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act). Unless continued in |
|
existence as provided by that chapter, the board is abolished |
|
September 1, 2027. |
|
SECTION 154. Section 901.006, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 901.006. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
State Board of Public Accountancy is subject to Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act). Unless continued in |
|
existence as provided by that chapter, the board is abolished and |
|
this chapter expires September 1, 2033. |
|
SECTION 155. Section 1001.005, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1001.005. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
Board of Professional Engineers and Land Surveyors is subject to |
|
Chapter 325, Government Code (Texas DOGE [Sunset] Act). Unless |
|
continued in existence as provided by that chapter, the board is |
|
abolished and this chapter expires September 1, 2033. |
|
SECTION 156. Section 1002.003, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1002.003. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
Board of Professional Geoscientists is subject to Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act). Unless continued in |
|
existence as provided by that chapter, the board is abolished and |
|
this chapter expires September 1, 2033. |
|
SECTION 157. Section 1051.003, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1051.003. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
Board of Architectural Examiners is subject to Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act). Unless continued in |
|
existence as provided by that chapter, the board is abolished and |
|
this subtitle expires September 1, 2033. |
|
SECTION 158. Section 1101.006, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1101.006. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
Real Estate Commission is subject to Chapter 325, Government Code |
|
(Texas DOGE [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. |
|
SECTION 159. Section 1103.006, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1103.006. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
Appraiser Licensing and Certification Board is subject to Chapter |
|
325, Government Code (Texas DOGE [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. |
|
SECTION 160. Section 1301.003, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1301.003. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
State Board of Plumbing Examiners is subject to Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act). Unless continued in |
|
existence as provided by that chapter, the board is abolished and |
|
this chapter expires September 1, 2033. |
|
SECTION 161. Section 1701.002, Occupations Code, is amended |
|
to read as follows: |
|
Sec. 1701.002. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
|
Commission on Law Enforcement is subject to Chapter 325, Government |
|
Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the commission is abolished and this |
|
chapter expires September 1, 2031. |
|
SECTION 162. The heading to Section 2021.008, Occupations |
|
Code, is amended to read as follows: |
|
Sec. 2021.008. DOGE [SUNSET] PROVISION. |
|
SECTION 163. Sections 2021.008(a) and (a-1), Occupations |
|
Code, are amended to read as follows: |
|
(a) The commission is subject to Chapter 325, Government |
|
Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, and except as provided by Subsections (b) |
|
and (c), the commission is abolished and this subtitle expires |
|
September 1, 2029. |
|
(a-1) As part of the review under Subsection (a), the |
|
Department of Government Efficiency [Sunset Advisory Commission] |
|
shall review: |
|
(1) the impact on the commission of authorizing the |
|
executive director to apply for and receive grants to implement or |
|
enforce this subtitle; |
|
(2) the effect of increasing the amount of |
|
unappropriated money remaining in the Texas Racing Commission fund |
|
at the close of each state fiscal biennium that is transferred to |
|
the general revenue fund; |
|
(3) the effect of complying with Chapter 53 in the |
|
administration of the commission's licensing program; |
|
(4) the effect of requiring reimbursement of general |
|
revenue appropriated to the commission for the administration and |
|
enforcement of this subtitle that exceeds the cumulative amount |
|
deposited in the Texas Racing Commission fund; and |
|
(5) the commission's authority to issue a temporary |
|
license to an applicant whose application appears to comply with |
|
the requirements of law. |
|
SECTION 164. Section 11.0111, Parks and Wildlife Code, is |
|
amended to read as follows: |
|
Sec. 11.0111. DOGE [SUNSET] PROVISION. The Parks and |
|
Wildlife Department is subject to Chapter 325, Government Code |
|
(Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the department is abolished September 1, |
|
2035. |
|
SECTION 165. Section 8501.0015, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 8501.0015. APPLICATION OF DOGE [SUNSET] ACT. (a) The |
|
authority is subject to review under Chapter 325, Government Code |
|
(Texas DOGE [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, and every 12th year after that |
|
year. |
|
(b) The authority shall pay the cost incurred by the |
|
Department of Government Efficiency [Sunset Advisory Commission] |
|
in performing the review. The Department of Government Efficiency |
|
[Sunset Advisory Commission] shall determine the cost, and the |
|
authority shall pay the amount promptly on receipt of a statement |
|
from the Department of Government Efficiency [Sunset Advisory |
|
Commission] detailing the cost. |
|
SECTION 166. Section 8502.0021, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 8502.0021. APPLICATION OF DOGE [SUNSET] ACT. (a) The |
|
authority is subject to review under Chapter 325, Government Code |
|
(Texas DOGE [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, and every 12th year after that |
|
year. |
|
(b) The authority shall pay the cost incurred by the |
|
Department of Government Efficiency [Sunset Advisory Commission] |
|
in performing the review. The Department of Government Efficiency |
|
[Sunset Advisory Commission] shall determine the cost, and the |
|
authority shall pay the amount promptly on receipt of a statement |
|
from the Department of Government Efficiency [Sunset Advisory |
|
Commission] detailing the cost. |
|
SECTION 167. Section 8503.0021, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 8503.0021. APPLICATION OF DOGE [SUNSET] ACT. (a) The |
|
authority is subject to review under Chapter 325, Government Code |
|
(Texas DOGE [Sunset] Act), but may not be abolished under that |
|
chapter. The review shall not include the management of the |
|
generation or transmission of electricity under the wholesale |
|
electricity operation of the authority and the authority's |
|
affiliated nonprofit corporations. 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, 2031, and every |
|
12th year after that year. |
|
(b) In anticipation of the [sunset] review under Subsection |
|
(a), based on the results of an audit, including a |
|
performance-related audit, conducted by the state auditor before |
|
December 1, 2016, the state auditor may make recommendations to the |
|
legislature, including whether a review conducted under Subsection |
|
(a) should include the financial operation and management of the |
|
generation or transmission of electricity under the wholesale |
|
electricity operation of the authority and the authority's |
|
affiliated nonprofit corporations. |
|
(c) The authority shall pay the cost incurred by the |
|
Department of Government Efficiency [Sunset Advisory Commission] |
|
in performing the review under Subsection (a). The Department of |
|
Government Efficiency [Sunset Advisory Commission] shall determine |
|
the cost, and the authority shall pay the amount promptly on receipt |
|
of a statement from the Department of Government Efficiency [Sunset |
|
Advisory Commission] detailing the cost. |
|
SECTION 168. Section 8504.0021, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 8504.0021. APPLICATION OF DOGE [SUNSET] ACT. (a) The |
|
authority is subject to review under Chapter 325, Government Code |
|
(Texas DOGE [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, and every 12th year after that |
|
year. |
|
(b) The authority shall pay the cost incurred by the |
|
Department of Government Efficiency [Sunset Advisory Commission] |
|
in performing the review. The Department of Government Efficiency |
|
[Sunset Advisory Commission] shall determine the cost, and the |
|
authority shall pay the amount promptly on receipt of a statement |
|
from the Department of Government Efficiency [Sunset Advisory |
|
Commission] detailing the cost. |
|
SECTION 169. Section 8506.0021, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 8506.0021. APPLICATION OF DOGE [SUNSET] ACT. (a) The |
|
authority is subject to review under Chapter 325, Government Code |
|
(Texas DOGE [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, 2029, and every 12th year after that |
|
year. |
|
(b) The authority shall pay the cost incurred by the |
|
Department of Government Efficiency [Sunset Advisory Commission] |
|
in performing the review. The Department of Government Efficiency |
|
[Sunset Advisory Commission] shall determine the cost, and the |
|
authority shall pay the amount promptly on receipt of a statement |
|
from the Department of Government Efficiency [Sunset Advisory |
|
Commission] detailing the cost. |
|
SECTION 170. The heading to Section 8508.0005, Special |
|
District Local Laws Code, is amended to read as follows: |
|
Sec. 8508.0005. REVIEW SCHEDULE UNDER DOGE [SUNSET] ACT. |
|
SECTION 171. The heading to Section 8510.0104, Special |
|
District Local Laws Code, is amended to read as follows: |
|
Sec. 8510.0104. REVIEW SCHEDULE UNDER DOGE [SUNSET] ACT. |
|
SECTION 172. The heading to Section 8511.0104, Special |
|
District Local Laws Code, is amended to read as follows: |
|
Sec. 8511.0104. REVIEW SCHEDULE UNDER DOGE [SUNSET] ACT. |
|
SECTION 173. The heading to Section 9502.0105, Special |
|
District Local Laws Code, is amended to read as follows: |
|
Sec. 9502.0105. APPLICATION OF DOGE [SUNSET] ACT. |
|
SECTION 174. Sections 9502.0105(a) and (c), Special |
|
District Local Laws Code, are amended to read as follows: |
|
(a) The district is subject to review under Chapter 325, |
|
Government Code (Texas DOGE [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, and every 12th year |
|
after that year. |
|
(c) The district shall pay the cost incurred by the |
|
Department of Government Efficiency [Sunset Advisory Commission] |
|
in performing the review. The Department of Government Efficiency |
|
[Sunset Advisory Commission] shall determine the cost, and the |
|
district shall pay the amount promptly on receipt of a statement |
|
from the Department of Government Efficiency [Sunset Advisory |
|
Commission] detailing the cost. |
|
SECTION 175. Section 201.204, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 201.204. DOGE [SUNSET] PROVISION. The Texas |
|
Department of Transportation is subject to Chapter 325, Government |
|
Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the department is abolished September 1, |
|
2029. |
|
SECTION 176. The heading to Section 201.2041, |
|
Transportation Code, is amended to read as follows: |
|
Sec. 201.2041. SUBMISSION OF FINANCIAL AUDIT TO DEPARTMENT |
|
OF GOVERNMENT EFFICIENCY [SUNSET COMMISSION]. |
|
SECTION 177. Section 201.2041(b), Transportation Code, is |
|
amended to read as follows: |
|
(b) Subsection (a) does not apply if the department is |
|
subject to [sunset] review by the Department of Government |
|
Efficiency during the previous two-year period. |
|
SECTION 178. Section 1001.005, Transportation Code, is |
|
amended to read as follows: |
|
Sec. 1001.005. DOGE [SUNSET] PROVISION. The department is |
|
subject to Chapter 325, Government Code (Texas DOGE [Sunset] Act). |
|
Unless continued in existence as provided by that chapter, the |
|
department is abolished September 1, 2031. |
|
SECTION 179. Section 12.005, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 12.005. APPLICATION OF DOGE [SUNSET] ACT. The Public |
|
Utility Commission of Texas is subject to Chapter 325, Government |
|
Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter or by Chapter 39, the commission is |
|
abolished September 1, 2029. |
|
SECTION 180. Section 13.002, Utilities Code, is amended to |
|
read as follows: |
|
Sec. 13.002. APPLICATION OF DOGE [SUNSET] ACT. The Office |
|
of Public Utility Counsel is subject to Chapter 325, Government |
|
Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the office is abolished September 1, |
|
2029. |
|
SECTION 181. Section 34.0109(i), Utilities Code, is amended |
|
to read as follows: |
|
(i) The advisory committee is subject to Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act). Unless continued in |
|
existence as provided by that chapter, the advisory committee is |
|
abolished September 1, 2035. |
|
SECTION 182. Section 39.151(n), Utilities Code, is amended |
|
to read as follows: |
|
(n) An independent organization certified by the commission |
|
under this section is subject to review under Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act), but is not abolished |
|
under that chapter. The independent organization shall be reviewed |
|
during the periods in which the Public Utility Commission of Texas |
|
is reviewed. |
|
SECTION 183. The heading to Section 39.908, Utilities Code, |
|
is amended to read as follows: |
|
Sec. 39.908. EFFECT OF DOGE [SUNSET] PROVISION. |
|
SECTION 184. Section 41.060(c), Utilities Code, is amended |
|
to read as follows: |
|
(c) The commission shall prepare a report for the Department |
|
of Government Efficiency [Sunset Advisory Commission] that |
|
includes information submitted and responses by electric |
|
cooperatives in accordance with the Department of Government |
|
Efficiency's [Sunset Advisory Commission's] schedule for reviewing |
|
the commission. |
|
SECTION 185. Section 5.014, Water Code, is amended to read |
|
as follows: |
|
Sec. 5.014. DOGE [SUNSET] PROVISION. The Texas Commission |
|
on Environmental Quality is subject to Chapter 325, Government Code |
|
(Texas DOGE [Sunset] Act). Unless continued in existence as |
|
provided by that chapter, the commission is abolished September 1, |
|
2035. |
|
SECTION 186. Section 6.013, Water Code, is amended to read |
|
as follows: |
|
Sec. 6.013. DOGE [SUNSET] PROVISION. The Texas Water |
|
Development Board is subject to review under Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act), but is not abolished |
|
under that chapter. The board shall be reviewed during the period |
|
in which state agencies abolished in 2035 and every 12th year after |
|
2035 are reviewed. |
|
SECTION 187. Section 15.438(k), Water Code, is amended to |
|
read as follows: |
|
(k) The advisory committee is subject to Chapter 325, |
|
Government Code (Texas DOGE [Sunset] Act). Unless continued in |
|
existence as provided by that chapter, the advisory committee is |
|
abolished and this section expires September 1, 2035. |
|
SECTION 188. To the extent of any conflict, this Act |
|
prevails over another Act of the 89th Legislature, Regular Session, |
|
2025, relating to nonsubstantive additions to and corrections in |
|
enacted codes. |
|
SECTION 189. (a) Effective January 1, 2026: |
|
(1) the name of the Sunset Advisory Commission is |
|
changed to the Department of Government Efficiency, and all powers, |
|
duties, rights, and obligations of the Sunset Advisory Commission |
|
are the powers, duties, rights, and obligations of the Department |
|
of Government Efficiency; |
|
(2) a member of the Sunset Advisory Commission is a |
|
member of the board of the Department of Government Efficiency; and |
|
(3) any appropriation to the Sunset Advisory |
|
Commission is an appropriation to the Department of Government |
|
Efficiency. |
|
(b) Effective January 1, 2026, a reference in law to the |
|
Sunset Advisory Commission is a reference to the Department of |
|
Government Efficiency. |
|
(c) The Department of Government Efficiency is the |
|
successor to the Sunset Advisory Commission in all respects. All |
|
personnel, equipment, data, documents, facilities, contracts, |
|
items, other property, rules, decisions, and proceedings of or |
|
involving the Sunset Advisory Commission are unaffected by the |
|
change in the name of the agency. |
|
(d) The Sunset Advisory Commission shall adopt a timetable |
|
for phasing in the change of the agency's name so as to minimize the |
|
fiscal impact of the name change. Until January 1, 2026, to allow |
|
for phasing in the change of the agency's name and in accordance |
|
with the timetable established as required by this section, the |
|
agency may perform any act authorized by law for the Sunset Advisory |
|
Commission as the Sunset Advisory Commission or as the Department |
|
of Government Efficiency. Any act of the Sunset Advisory |
|
Commission acting as the Department of Government Efficiency on or |
|
after the effective date of this Act and before January 1, 2026, is |
|
an act of the Sunset Advisory Commission. |
|
SECTION 190. This Act takes effect September 1, 2025. |