| 1 | 1 | | 81R3637 JRD-D |
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| 2 | 2 | | By: Watson S.B. No. 738 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to a state agency review and analysis of the revenue |
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| 8 | 8 | | sources that pay for the agency's functions and the adjustment by |
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| 9 | 9 | | certain agencies of fee amounts. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Chapter 2056, Government Code, is amended by |
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| 12 | 12 | | adding Section 2056.0023 to read as follows: |
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| 13 | 13 | | Sec. 2056.0023. ANALYSIS OF REVENUE SOURCES. As part of the |
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| 14 | 14 | | strategic plan required under Section 2056.002, a state agency |
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| 15 | 15 | | shall: |
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| 16 | 16 | | (1) review the agency's functions that are paid for |
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| 17 | 17 | | wholly by general revenue and determine whether any of those |
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| 18 | 18 | | functions could appropriately be paid for wholly or partly by fees |
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| 19 | 19 | | or other sources of revenue; |
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| 20 | 20 | | (2) review the agency's functions that currently are |
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| 21 | 21 | | paid for wholly or partly by sources of revenue other than general |
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| 22 | 22 | | revenue, including fee revenue, and determine whether those sources |
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| 23 | 23 | | of revenue could appropriately be increased; and |
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| 24 | 24 | | (3) for an agency function that the agency determines |
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| 25 | 25 | | could appropriately be paid for wholly or partly by charging a new |
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| 26 | 26 | | fee or by increasing the amount of an existing fee: |
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| 27 | 27 | | (A) recommend the appropriate fee amounts; |
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| 28 | 28 | | (B) describe who would pay the new fee or the |
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| 29 | 29 | | increased fee; and |
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| 30 | 30 | | (C) estimate the amount of revenue that would be |
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| 31 | 31 | | received from the recommended fee amounts. |
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| 32 | 32 | | SECTION 2. Section 316.045(b), Government Code, is amended |
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| 33 | 33 | | to read as follows: |
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| 34 | 34 | | (b) If the agency determines that the fees are set at a level |
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| 35 | 35 | | that [exceeds the administrative costs of the agency] as of the date |
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| 36 | 36 | | of the review exceeds the sum of the direct costs to the agency to |
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| 37 | 37 | | provide the services or regulate the activities for which the fees |
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| 38 | 38 | | are charged and the indirect costs to state government that could |
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| 39 | 39 | | appropriately be allocated to the provision of those services or |
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| 40 | 40 | | the regulation of those activities, the agency shall reduce the |
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| 41 | 41 | | amount of the affected fees to the appropriate level and shall |
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| 42 | 42 | | charge the reduced fees during the subsequent biennium. Each |
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| 43 | 43 | | agency shall give specific recognition to reductions in salary |
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| 44 | 44 | | expenses resulting from statutorily directed employee attrition. |
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| 45 | 45 | | SECTION 3. This Act takes effect September 1, 2009. |
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