Texas 2009 - 81st Regular

Texas Senate Bill SR1105 Compare Versions

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1	1	By: Hegar S.R. No. 1105
2	2
3	3
4	4	SENATE RESOLUTION
5	5	BE IT RESOLVED by the Senate of the State of Texas, 81st
6	6	Legislature, Regular Session, 2009, That Senate Rule 12.03 be
7	7	suspended in part as provided by Senate Rule 12.08 to enable the
8	8	conference committee appointed to resolve the differences on
9	9	House Bill No. 1959 (the governmental entities subject to the
10	10	sunset review process) to consider and take action on the
11	11	following matters:
12	12	(1) Senate Rule 12.03(4) is suspended to permit the
13	13	committee to add the following:
14	14	SECTION 1.09. TEXAS STATE AFFORDABLE HOUSING
15	15	CORPORATION. (a) Section 2306.5521, Government Code, is
16	16	amended to read as follows:
17	17	Sec. 2306.5521. SUNSET PROVISION. The Texas State
18	18	Affordable Housing Corporation is subject to Chapter 325 (Texas
19	19	Sunset Act). Unless continued in existence as provided by that
20	20	chapter, the corporation is abolished and this subchapter
21	21	expires September 1, 2011 [2009].
22	22	(b) This section takes effect only if the 81st
23	23	Legislature, Regular Session, 2009, does not enact other
24	24	legislation that becomes law and that amends Section 2306.5521,
25	25	Government Code, to extend the sunset date of the Texas State
26	26	Affordable Housing Corporation. If the 81st Legislature,
27	27	Regular Session, 2009, enacts legislation of that kind, this
28	28	section has no effect.
29	29	SECTION 1.10. TEXAS RACING COMMISSION. (a) Subsection
30	30	(a), Section 18.01, Texas Racing Act (Article 179e, Vernon's
31	31	Texas Civil Statutes), is amended to read as follows:
32	32	(a) The Texas Racing Commission is subject to Chapter
33	33	325, Government Code (Texas Sunset Act). Unless continued in
34	34	existence as provided by that chapter, and except as provided by
35	35	Subsections (b) and (c) of this section, the commission is
36	36	abolished and this Act expires September 1, 2011 [2009].
37	37	(b) This section takes effect only if the 81st
38	38	Legislature, Regular Session, 2009, does not enact other
39	39	legislation that becomes law and that amends Section 18.01, Texas
40	40	Racing Act (Article 179e, Vernon's Texas Civil Statutes), to
41	41	extend the sunset date of the Texas Racing Commission. If the
42	42	81st Legislature, Regular Session, 2009, enacts legislation of
43	43	that kind, this section has no effect.
44	44	SECTION 1.11. TEXAS DEPARTMENT OF INSURANCE.
45	45	(a) Section 31.004(a), Insurance Code, is amended to read as
46	46	follows:
47	47	(a) The Texas Department of Insurance is subject to
48	48	Chapter 325, Government Code (Texas Sunset Act). Unless
49	49	continued in existence as provided by that chapter, the
50	50	department is abolished September 1, 2011 [2009].
51	51	(b) This section takes effect only if the 81st
52	52	Legislature, Regular Session, 2009, does not enact other
53	53	legislation that becomes law and that amends Section 31.004(a),
54	54	Insurance Code, to extend the sunset date of the Texas Department
55	55	of Insurance. If the 81st Legislature, Regular Session, 2009,
56	56	enacts legislation of that kind, this section has no effect.
57	57	SECTION 1.12. TEXAS YOUTH COMMISSION. (a) Section
58	58	61.020, Human Resources Code, is amended to read as follows:
59	59	Sec. 61.020. SUNSET PROVISION. (a) The Texas Youth
60	60	Commission is subject to Chapter 325, Government Code (Texas
61	61	Sunset Act). Unless continued in existence as provided by that
62	62	chapter, the commission is abolished and this chapter expires
63	63	September 1, 2011 [2009].
64	64	(b) In the review of the Texas Youth Commission by the
65	65	Sunset Advisory Commission, as required by this section, the
66	66	sunset commission shall focus its review on:
67	67	(1) the commission's compliance with Chapter 263
68	68	(S.B. 103), Acts of the 80th Legislature, Regular Session, 2007;
69	69	(2) requirements placed on the agency by
70	70	legislation enacted by the 81st Legislature, Regular Session,
71	71	2009, that becomes law, including implementation of programs for
72	72	the diversion of youth from the commission; and
73	73	(3) initiatives of the commission and the Texas
74	74	Juvenile Probation Commission in coordinating activities and
75	75	services to better integrate Texas Youth Commission, Texas
76	76	Juvenile Probation Commission, and county juvenile justice
77	77	functions, including joint strategic planning, the sharing of
78	78	youth data across youth-serving agencies, assessments and
79	79	classification of youth, and collection of data on probation
80	80	outcomes.
81	81	(c) In its report to the 82nd Legislature, the sunset
82	82	commission may include any recommendations it considers
83	83	appropriate. This subsection and Subsection (b) expire
84	84	September 1, 2011.
85	85	(b) This section takes effect only if the 81st
86	86	Legislature, Regular Session, 2009, does not enact other
87	87	legislation that becomes law and that amends Section 61.020,
88	88	Human Resources Code, to extend the sunset date of the Texas
89	89	Youth Commission. If the 81st Legislature, Regular Session,
90	90	2009, enacts legislation of that kind, this section has no
91	91	effect.
92	92	SECTION 1.13. TEXAS JUVENILE PROBATION COMMISSION.
93	93	(a) Section 141.012, Human Resources Code, is amended to read as
94	94	follows:
95	95	Sec. 141.012. SUNSET PROVISION. (a) The Texas Juvenile
96	96	Probation Commission is subject to Chapter 325, Government Code
97	97	(Texas Sunset Act). Unless continued in existence as provided by
98	98	that chapter, the commission is abolished and this chapter
99	99	expires September 1, 2011 [2009].
100	100	(b) In the review of the Texas Juvenile Probation
101	101	Commission by the Sunset Advisory Commission, as required by this
102	102	section, the sunset commission shall focus its review on the
103	103	following:
104	104	(1) the commission's compliance with Chapter 263
105	105	(S.B. 103), Acts of the 80th Legislature, Regular Session, 2007;
106	106	(2) requirements placed on the agency by
107	107	legislation enacted by the 81st Legislature, Regular Session,
108	108	2009, that becomes law, including implementation of programs for
109	109	the diversion of youth from the Texas Youth Commission; and
110	110	(3) initiatives of the commission and the Texas
111	111	Youth Commission in coordinating activities and services to
112	112	better integrate Texas Juvenile Probation Commission, Texas
113	113	Youth Commission, and county juvenile justice functions,
114	114	including joint strategic planning, the sharing of youth data
115	115	across youth-serving agencies, assessment and classification of
116	116	youth, and collection of data on probation outcomes.
117	117	(c) In its report to the 82nd Legislature, the sunset
118	118	commission may include any recommendations it considers
119	119	appropriate. This subsection and Subsection (b) expire
120	120	September 1, 2011.
121	121	(b) This section takes effect only if the 81st
122	122	Legislature, Regular Session, 2009, does not enact other
123	123	legislation that becomes law and that amends Section 141.012,
124	124	Human Resources Code, to extend the sunset date of the Texas
125	125	Juvenile Probation Commission. If the 81st Legislature, Regular
126	126	Session, 2009, enacts legislation of that kind, this section has
127	127	no effect.
128	128	SECTION 1.14. OFFICE OF INDEPENDENT OMBUDSMAN FOR THE
129	129	TEXAS YOUTH COMMISSION. (a) Section 64.054, Human Resources
130	130	Code, is amended to read as follows:
131	131	Sec. 64.054. SUNSET PROVISION. (a) The office is
132	132	subject to review under Chapter 325, Government Code (Texas
133	133	Sunset Act), but is not abolished under that chapter. The office
134	134	shall be reviewed during the periods in which the Texas Youth
135	135	Commission is [state agencies abolished in 2009 and every 12th
136	136	year after 2009 are] reviewed.
137	137	(b) Notwithstanding Subsection (a), the Sunset Advisory
138	138	Commission shall focus its review of the office on compliance
139	139	with requirements placed on the office by legislation enacted by
140	140	the 81st Legislature, Regular Session, 2009, that becomes law.
141	141	This subsection expires September 1, 2011.
142	142	(b) This section takes effect only if the 81st
143	143	Legislature, Regular Session, 2009, does not enact other
144	144	legislation that becomes law and that amends Section 64.054,
145	145	Human Resources Code, to extend the sunset date of the Office of
146	146	Independent Ombudsman for the Texas Youth Commission. If the
147	147	81st Legislature, Regular Session, 2009, enacts legislation of
148	148	that kind, this section has no effect.
149	149	SECTION 1.15. OFFICE OF PUBLIC INSURANCE COUNSEL.
150	150	Section 501.003, Insurance Code, is amended to read as follows:
151	151	Sec. 501.003. SUNSET PROVISION. The office is subject to
152	152	Chapter 325, Government Code (Texas Sunset Act). Unless
153	153	continued in existence as provided by that chapter, the office is
154	154	abolished September 1, 2011 [2009].
155	155	SECTION 1.16. TEXAS DEPARTMENT OF PUBLIC SAFETY.
156	156	(a) Section 411.002, Government Code, is amended by amending
157	157	Subsection (c) to read as follows:
158	158	(c) The Department of Public Safety of the State of Texas
159	159	is subject to Chapter 325 (Texas Sunset Act). Unless continued
160	160	in existence as provided by that chapter, the department is
161	161	abolished and Subsections (a) and (b) expire September 1, 2011
162	162	[2009].
163	163	(b) This section takes effect only if the 81st
164	164	Legislature, Regular Session, 2009, does not enact other
165	165	legislation that becomes law and that amends Section 411.002,
166	166	Government Code, to extend the sunset date of the Texas
167	167	Department of Public Safety. If the 81st Legislature, Regular
168	168	Session, 2009, enacts legislation of that kind, this section has
169	169	no effect.
170	170	Explanation: The changes are necessary to change the
171	171	sunset review date for various state agencies.
172	172	(2) Senate Rules 12.03(1) and (2) are suspended to permit
173	173	the committee, in SECTION 1.17 of the bill, to change text that is
174	174	not in disagreement and to omit text that is not in disagreement
175	175	by amending Section 7.004, Education Code, to read as follows:
176	176	SECTION 1.17. TEXAS EDUCATION AGENCY. Section 7.004,
177	177	Education Code, is amended to read as follows:
178	178	Sec. 7.004. SUNSET PROVISION. (a) The Texas Education
179	179	Agency is subject to Chapter 325, Government Code (Texas Sunset
180	180	Act). Unless continued in existence as provided by that chapter,
181	181	the agency is abolished September 1, 2011 [2012]. [In the review
182	182	of the agency by the Sunset Advisory Commission, as required by
183	183	this section, the sunset commission shall limit its review to the
184	184	appropriateness of recommendations made by the sunset commission
185	185	to the 79th Legislature. In the Sunset Advisory Commission's
186	186	report to the 80th Legislature, the sunset commission may include
187	187	any recommendations it considers appropriate.]
188	188	Explanation: The change is necessary to provide for the
189	189	sunset review of the Texas Education Agency in preparation for
190	190	the 82nd Legislature.
191	191	(3) Senate Rule 12.03(4) is suspended to permit the
192	192	committee to add the following:
193	193	SECTION 2.12. OFFICE OF FIREFIGHTERS' PENSION
194	194	COMMISSIONER. Article 6243e, Vernon's Texas Civil Statutes,
195	195	Section 21(h), is amended to read as follows:
196	196	(h) The office of fire fighters' pension commissioner is
197	197	subject to Chapter 325, Government Code (Texas Sunset Act).
198	198	Unless continued in existence as provided by that chapter, the
199	199	office is abolished September 1, 2013 [2011].
200	200	SECTION 2.13. TEXAS LOTTERY COMMISSION. Section
201	201	467.002, Government Code, is amended to read as follows:
202	202	Sec. 467.002. APPLICATION OF SUNSET ACT. The commission
203	203	is subject to Chapter 325 (Texas Sunset Act). Unless continued
204	204	in existence as provided by that chapter, the commission is
205	205	abolished and this chapter, Chapter 466 of this code, and Chapter
206	206	2001, Occupations Code, expire September 1, 2013 [2011].
207	207	SECTION 2.14. TEXAS DEPARTMENT OF TRANSPORTATION.
208	208	(a) Section 201.204, Transportation Code, is amended to read as
209	209	follows:
210	210	Sec. 201.204. SUNSET PROVISION. The Texas Department of
211	211	Transportation is subject to Chapter 325, Government Code (Texas
212	212	Sunset Act). Unless continued in existence as provided by that
213	213	chapter, the department is abolished September 1, 2013 [2009].
214	214	(b) This section takes effect only if the 81st
215	215	Legislature, Regular Session, 2009, does not enact other
216	216	legislation that becomes law and that amends Section 201.204,
217	217	Transportation Code, to extend the sunset date of the Texas
218	218	Department of Transportation. If the 81st Legislature, Regular
219	219	Session, 2009, enacts legislation of that kind, this section has
220	220	no effect.
221	221	SECTION 2.15. TEXAS DEPARTMENT OF INSURANCE, DIVISION OF
222	222	WORKERS' COMPENSATION. Section 31.004(b), Insurance Code, is
223	223	amended to read as follows:
224	224	(b) Unless continued as provided by Chapter 325,
225	225	Government Code, the duties of the division of workers'
226	226	compensation of the Texas Department of Insurance under Title 5,
227	227	Labor Code, expire September 1, 2013 [2011], or another date
228	228	designated by the legislature.
229	229	SECTION 2.16. OFFICE OF INJURED EMPLOYEE COUNSEL.
230	230	Section 404.003, Labor Code, is amended to read as follows:
231	231	Sec. 404.003. SUNSET PROVISION. The office of injured
232	232	employee counsel is subject to Chapter 325, Government Code
233	233	(Texas Sunset Act). Unless continued in existence as provided by
234	234	that chapter, the office is abolished and this chapter expires
235	235	September 1, 2013 [2011].
236	236	Explanation: The changes are necessary to change the
237	237	sunset review date for various state agencies.
238	238	_______________________________
239	239	President of the Senate
240	240	I hereby certify that the
241	241	above Resolution was adopted by
242	242	the Senate on May 31, 2009.
243	243	_______________________________
244	244	Secretary of the Senate