81R26564 YDB-F By: Nelson S.B. No. 2396 Substitute the following for S.B. No. 2396: By: Rose C.S.S.B. No. 2396 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 the executive commissioner determines: (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, and 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 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 recommending the frequency at which the reporting requirement could 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, for each statutory reporting requirement, 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), it is the intent of the 81st Legislature that the 82nd Legislature consider repealing the reporting requirement or amending a statute to decrease the frequency of the reporting requirement. (g) This section expires September 1, 2012. SECTION 2. This Act takes effect September 1, 2009.