By: Hegar S.R. No. 1105
SENATE RESOLUTION
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 No. 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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 31, 2009.
_______________________________
Secretary of the Senate