By: Nelson S.B. No. 2396
(In the Senate - Filed March 13, 2009; March 31, 2009, read
first time and referred to Committee on Health and Human Services;
April 17, 2009, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 17, 2009,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 2396 By: Nelson
A BILL TO BE ENTITLED
AN ACT
relating to obsolete or redundant reporting requirements
applicable to health and human services agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 531, Government Code, is
amended by adding Section 531.0145 to read as follows:
Sec. 531.0145. OBSOLETE OR REDUNDANT REPORTING
REQUIREMENTS. (a) Not later than December 1, 2009, the executive
commissioner shall:
(1) examine the health and human services agency
reporting requirements established by a state statute enacted
before January 1, 2007, and not amended since that date, and
identify each reporting requirement that:
(A) is not necessary to accomplish the objectives
of the statute that contains the reporting requirement;
(B) is redundant of other statutory reporting
requirements; or
(C) is required under statute to be provided at a
frequency for which data is not available;
(2) provide to the governor, the lieutenant governor,
the speaker of the house of representatives, the chairs of the
Senate Health and Human Services Committee, House Human Services
Committee, and House Public Health Committee, or those committees'
successors, the state auditor's office, the Legislative Budget
Board, the Texas State Library and Archives Commission, and the
Sunset Advisory Commission an initial report that includes:
(A) each statutory reporting requirement for
which the executive commissioner made the determination described
by Subdivision (1); and
(B) the justification for the executive
commissioner's determination for each reporting requirement;
(3) publish a copy of the initial report in the Texas
Register; and
(4) post a copy of the initial report on the
commission's Internet website.
(b) Not later than the 60th day after the date the executive
commissioner issues the initial report under Subsection (a)(2), the
executive commissioner shall hold a public hearing on the report.
(c) The executive commissioner may not include in the
initial report issued under Subsection (a)(2) a reporting
requirement that:
(1) is required by federal law; or
(2) applies to another state agency in addition to a
health and human services agency.
(d) Not later than the 60th day after the date the executive
commissioner issues the initial report under Subsection (a)(2), the
governor, the lieutenant governor, the speaker of the house of
representatives, the chairs of the Senate Health and Human Services
Committee, House Human Services Committee, and House Public Health
Committee, or those committees' successors, or any other person may
submit to the executive commissioner any comments on the reporting
requirements identified by the executive commissioner, including
comments indicating the person believes a specific reporting
requirement is necessary and should continue to be provided as
required under statute.
(e) Not later than May 1, 2010, and after considering the
comments provided under Subsection (d), the executive commissioner
shall:
(1) issue a final report listing the reporting
requirements the executive commissioner determines:
(A) are not necessary to accomplish the
objectives of the statute that contains the reporting requirement;
(B) are redundant of other statutory reporting
requirements; or
(C) are required under statute to be provided at
a frequency for which data is not available and the frequency at
which the reporting requirement is to be fulfilled;
(2) provide to the governor, the lieutenant governor,
the speaker of the house of representatives, the chairs of the
Senate Health and Human Services Committee, House Human Services
Committee, and House Public Health Committee, or those committees'
successors, the state auditor's office, the Legislative Budget
Board, the Texas State Library and Archives Commission, and the
Sunset Advisory Commission a list of each statutory reporting
requirement for which the executive commissioner made the
determination described by Subdivision (1) and the justification
for the executive commissioner's determination; and
(3) publish in the Texas Register and post on the
commission's Internet website a list of each statutory reporting
requirement for which the executive commissioner made the
determination described by Subdivision (1).
(f) For each reporting requirement included in the final
report under Subsection (e)(1), the 82nd Legislature shall consider
repealing the reporting requirement or amending a statute to
decrease the frequency of the reporting requirement.
(g) On or after the date the executive commissioner issues
the final report under Subsection (e)(1) and until August 31, 2011,
a health and human services agency:
(1) is not required to comply with a reporting
requirement that is included in the list of reporting requirements
for which the executive commissioner made the determination under
Subsection (e)(1) that the report is no longer required, but shall
continue to gather the data required for the reporting requirement;
and
(2) shall, for any reporting requirement for which the
frequency is modified by the executive commissioner under the
determination under Subsection (e)(1)(C), comply with the
frequency requirements established by the executive commissioner.
(h) After September 1, 2011, a health and human services
agency shall comply with a reporting requirement as provided by
statute.
(i) This section expires September 1, 2012.
SECTION 2. This Act takes effect September 1, 2009.
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