81R39062 JRD-D
By: Pitts H.C.R. No. 291
CONCURRENT RESOLUTION
WHEREAS, House Bill No. 4583 has been adopted by the house of
representatives and the senate and is being prepared for
enrollment; and
WHEREAS, The bill contains technical errors that should be
corrected; now, therefore, be it
RESOLVED by the 81st Legislature of the State of Texas,
Regular Session, That the enrolling clerk of the house of
representatives be instructed to make the following correction:
Add the following appropriately numbered SECTION as the
next-to-last SECTION of the bill and renumber the last SECTION of
the bill accordingly:
SECTION ____. STATE AGENCIES ELIGIBLE FOR FEDERAL STIMULUS
FUNDING: ABOLITION UNDER SUNSET REVIEW PROCESS POSTPONED. (a)
Notwithstanding any other law, a state agency that by law is
scheduled for abolition on September 1, 2009, in connection with
the process by which state agencies are periodically reviewed in
accordance with Chapter 325, Government Code, is not abolished on
September 1, 2009, and is not subject to the procedure after
termination prescribed by Section 325.017, Government Code, if the
agency is eligible to administer federal stimulus funds received by
this state under the federal American Recovery and Reinvestment Act
of 2009 (Pub. L. No. 111-5) or to monitor a program funded in whole
or part by federal stimulus funds. To provide for the orderly
expenditure of federal stimulus funds, the agencies are continued
in existence until September 1, 2011, or a later date as
subsequently determined by the 81st or 82nd Legislature. For
purposes of this section, the agencies that are eligible to
administer federal stimulus funds received by this state under the
federal American Recovery and Reinvestment Act of 2009 or to
monitor a program funded in whole or in part by federal stimulus
funds and that are continued in existence under this section to
provide for the orderly expenditure of federal stimulus funds are:
(1) the Texas Department of Transportation;
(2) the Texas Department of Insurance;
(3) the Texas State Affordable Housing Corporation;
(4) the Texas Racing Commission; and
(5) the Office of Public Insurance Counsel.
(b) Section 201.204, Transportation Code, is amended to
read as follows:
Sec. 201.204. SUNSET PROVISION. The Texas Department of
Transportation is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the department is abolished September 1, 2011 [2009].
(c) 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 Sunset Act). Unless continued in
existence as provided by that chapter, the department is abolished
September 1, 2011 [2009].
(d) Section 2306.5521, Government Code, is amended to read
as follows:
Sec. 2306.5521. SUNSET PROVISION. The Texas State
Affordable Housing Corporation is subject to Chapter 325 (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the corporation is abolished and this subchapter expires
September 1, 2011 [2009].
(e) Section 18.01(a), Texas Racing Act (Article 179e,
Vernon's Texas Civil Statutes), is amended to read as follows:
(a) The Texas Racing Commission is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, and except as provided by Subsections
(b) and (c) of this section, the commission is abolished and this
Act expires September 1, 2011 [2009].
(f) Section 501.003, Insurance Code, is amended to read as
follows:
Sec. 501.003. SUNSET PROVISION. The office is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the office is abolished
September 1, 2011 [2009].
(g) The governor with the prior approval of the Legislative
Budget Board may direct that an agency receiving funds appropriated
by Article XII, Senate Bill 1, Acts of the 81st Legislature, Regular
Session, 2009 (the American Recovery and Reinvestment Act article
of the General Appropriations Act), shall transfer those funds in
an amount prescribed by the governor and allowed under federal law
to an agency listed under Subsection (a) of this section to
implement an initiative related to public safety, public integrity,
consumer protection, or fiscal soundness that the agency may
implement and for which under federal law the federal stimulus
funds may be used.