81R39004 MCK-F
By: Hegar S.R. No. 1105
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 81st
Legislature, Regular Session, 2009, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on House
Bill 1959 (the governmental entities subject to the sunset review
process) to consider and take action on the following matters:
(1) Senate Rule 12.03(4) is suspended to permit the
committee to add the following:
SECTION 1.09. TEXAS STATE AFFORDABLE HOUSING CORPORATION.
(a) 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].
(b) This section takes effect only if the 81st Legislature,
Regular Session, 2009, does not enact other legislation that
becomes law and that amends Section 2306.5521, Government Code, to
extend the sunset date of the Texas State Affordable Housing
Corporation. If the 81st Legislature, Regular Session, 2009,
enacts legislation of that kind, this section has no effect.
SECTION 1.10. TEXAS RACING COMMISSION. (a) Subsection (a),
Section 18.01, 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].
(b) This section takes effect only if the 81st Legislature,
Regular Session, 2009, does not enact other legislation that
becomes law and that amends Section 18.01, Texas Racing Act
(Article 179e, Vernon's Texas Civil Statutes), to extend the sunset
date of the Texas Racing Commission. If the 81st Legislature,
Regular Session, 2009, enacts legislation of that kind, this
section has no effect.
SECTION 1.11. TEXAS DEPARTMENT OF INSURANCE. (a) 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].
(b) This section takes effect only if the 81st Legislature,
Regular Session, 2009, does not enact other legislation that
becomes law and that amends Section 31.004(a), Insurance Code, to
extend the sunset date of the Texas Department of Insurance. If the
81st Legislature, Regular Session, 2009, enacts legislation of that
kind, this section has no effect.
SECTION 1.12. TEXAS YOUTH COMMISSION. (a) Section 61.020,
Human Resources Code, is amended to read as follows:
Sec. 61.020. SUNSET PROVISION. (a) The Texas Youth
Commission is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the commission is abolished and this chapter expires September 1,
2011 [2009].
(b) In the review of the Texas Youth Commission by the
Sunset Advisory Commission, as required by this section, the sunset
commission shall focus its review on:
(1) the commission's compliance with Chapter 263 (S.B.
103), Acts of the 80th Legislature, Regular Session, 2007;
(2) requirements placed on the agency by legislation
enacted by the 81st Legislature, Regular Session, 2009, that
becomes law, including implementation of programs for the diversion
of youth from the commission; and
(3) initiatives of the commission and the Texas
Juvenile Probation Commission in coordinating activities and
services to better integrate Texas Youth Commission, Texas Juvenile
Probation Commission, and county juvenile justice functions,
including joint strategic planning, the sharing of youth data
across youth-serving agencies, assessments and classification of
youth, and collection of data on probation outcomes.
(c) In its report to the 82nd Legislature, the sunset
commission may include any recommendations it considers
appropriate. This subsection and Subsection (b) expire September
1, 2011.
(b) This section takes effect only if the 81st Legislature,
Regular Session, 2009, does not enact other legislation that
becomes law and that amends Section 61.020, Human Resources Code,
to extend the sunset date of the Texas Youth Commission. If the
81st Legislature, Regular Session, 2009, enacts legislation of that
kind, this section has no effect.
SECTION 1.13. TEXAS JUVENILE PROBATION COMMISSION. (a)
Section 141.012, Human Resources Code, is amended to read as
follows:
Sec. 141.012. SUNSET PROVISION. (a) The Texas Juvenile
Probation Commission is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the commission is abolished and this chapter expires
September 1, 2011 [2009].
(b) In the review of the Texas Juvenile Probation Commission
by the Sunset Advisory Commission, as required by this section, the
sunset commission shall focus its review on the following:
(1) the commission's compliance with Chapter 263 (S.B.
103), Acts of the 80th Legislature, Regular Session, 2007;
(2) requirements placed on the agency by legislation
enacted by the 81st Legislature, Regular Session, 2009, that
becomes law, including implementation of programs for the diversion
of youth from the Texas Youth Commission; and
(3) initiatives of the commission and the Texas Youth
Commission in coordinating activities and services to better
integrate Texas Juvenile Probation Commission, Texas Youth
Commission, and county juvenile justice functions, including joint
strategic planning, the sharing of youth data across youth-serving
agencies, assessment and classification of youth, and collection of
data on probation outcomes.
(c) In its report to the 82nd Legislature, the sunset
commission may include any recommendations it considers
appropriate. This subsection and Subsection (b) expire September 1,
2011.
(b) This section takes effect only if the 81st Legislature,
Regular Session, 2009, does not enact other legislation that
becomes law and that amends Section 141.012, Human Resources Code,
to extend the sunset date of the Texas Juvenile Probation
Commission. If the 81st Legislature, Regular Session, 2009, enacts
legislation of that kind, this section has no effect.
SECTION 1.14. OFFICE OF INDEPENDENT OMBUDSMAN FOR THE TEXAS
YOUTH COMMISSION. (a) Section 64.054, Human Resources Code, is
amended to read as follows:
Sec. 64.054. SUNSET PROVISION. (a) The office is subject
to review under Chapter 325, Government Code (Texas Sunset Act),
but is not abolished under that chapter. The office shall be
reviewed during the periods in which the Texas Youth Commission is
[state agencies abolished in 2009 and every 12th year after 2009
are] reviewed.
(b) Notwithstanding Subsection (a), the Sunset Advisory
Commission shall focus its review of the office on compliance with
requirements placed on the office by legislation enacted by the
81st Legislature, Regular Session, 2009, that becomes law. This
subsection expires September 1, 2011.
(b) This section takes effect only if the 81st Legislature,
Regular Session, 2009, does not enact other legislation that
becomes law and that amends Section 64.054, Human Resources Code,
to extend the sunset date of the Office of Independent Ombudsman for
the Texas Youth Commission. If the 81st Legislature, Regular
Session, 2009, enacts legislation of that kind, this section has no
effect.
SECTION 1.15. OFFICE OF PUBLIC INSURANCE COUNSEL. 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].
SECTION 1.16. TEXAS DEPARTMENT OF PUBLIC SAFETY. (a)
Section 411.002, Government Code, is amended by amending Subsection
(c) to read as follows:
(c) The Department of Public Safety of the State of Texas is
subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the department is abolished
and Subsections (a) and (b) expire September 1, 2011 [2009].
(b) This section takes effect only if the 81st Legislature,
Regular Session, 2009, does not enact other legislation that
becomes law and that amends Section 411.002, Government Code, to
extend the sunset date of the Texas Department of Public Safety. If
the 81st Legislature, Regular Session, 2009, enacts legislation of
that kind, this section has no effect.
Explanation: The changes are necessary to change the sunset
review date for various state agencies.
(2) Senate Rules 12.03(1) and (2) are suspended to permit
the committee, in SECTION 1.17 of the bill, to change text that is
not in disagreement and to omit text that is not in disagreement by
amending Section 7.004, Education Code, to read as follows:
SECTION 1.17. TEXAS EDUCATION AGENCY. Section 7.004,
Education Code, is amended to read as follows:
Sec. 7.004. SUNSET PROVISION. (a) The Texas Education
Agency is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the agency is abolished September 1, 2011 [2012]. [In the review of
the agency by the Sunset Advisory Commission, as required by this
section, the sunset commission shall limit its review to the
appropriateness of recommendations made by the sunset commission to
the 79th Legislature. In the Sunset Advisory Commission's report
to the 80th Legislature, the sunset commission may include any
recommendations it considers appropriate.]
Explanation: The change is necessary to provide for the
sunset review of the Texas Education Agency in preparation for the
82nd Legislature.
(3) Senate Rule 12.03(4) is suspended to permit the
committee to add the following:
SECTION 2.12. OFFICE OF FIREFIGHTERS' PENSION
COMMISSIONER. Article 6243e, Vernon's Texas Civil Statutes,
Section 21(h), is amended to read as follows:
(h) The office of fire fighters' pension commissioner 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, 2013 [2011].
SECTION 2.13. TEXAS LOTTERY COMMISSION. Section 467.002,
Government Code, is amended to read as follows:
Sec. 467.002. APPLICATION OF SUNSET ACT. The commission is
subject to Chapter 325 (Texas 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, 2013 [2011].
SECTION 2.14. TEXAS DEPARTMENT OF TRANSPORTATION. (a)
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, 2013 [2009].
(b) This section takes effect only if the 81st Legislature,
Regular Session, 2009, does not enact other legislation that
becomes law and that amends Section 201.204, Transportation Code,
to extend the sunset date of the Texas Department of
Transportation. If the 81st Legislature, Regular Session, 2009,
enacts legislation of that kind, this section has no effect.
SECTION 2.15. TEXAS DEPARTMENT OF INSURANCE, DIVISION OF
WORKERS' COMPENSATION. Section 31.004(b), Insurance Code, is
amended to read as follows:
(b) Unless continued as provided by Chapter 325, Government
Code, the duties of the division of workers' compensation of the
Texas Department of Insurance under Title 5, Labor Code, expire
September 1, 2013 [2011], or another date designated by the
legislature.
SECTION 2.16. OFFICE OF INJURED EMPLOYEE COUNSEL. Section
404.003, Labor Code, is amended to read as follows:
Sec. 404.003. SUNSET PROVISION. The office of injured
employee counsel is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the office is abolished and this chapter expires September
1, 2013 [2011].
Explanation: The changes are necessary to change the sunset
review date for various state agencies.