By: Price, et al. (Senate Sponsor - Nelson) H.B. No. 1781
(In the Senate - Received from the House April 11, 2011;
April 26, 2011, read first time and referred to Committee on
Government Organization; May 18, 2011, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 5,
Nays 0; May 18, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1781 By: Hegar
A BILL TO BE ENTITLED
AN ACT
relating to obsolete or redundant reporting requirements
applicable to state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2052, Government Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. OBSOLETE OR REDUNDANT REPORTING REQUIREMENTS
Sec. 2052.401. DEFINITIONS. In this subchapter:
(1) "Executive director" means the executive head of a
state agency. The term includes an executive director,
commissioner, or executive commissioner as appropriate for the
state agency.
(2) "State agency" means:
(A) a board, commission, department, office, or
other agency in the executive branch of state government that was
created by the constitution or a statute of the state, including an
institution of higher education as defined by Section 61.003,
Education Code;
(B) the legislature or a legislative agency; and
(C) the supreme court, the court of criminal
appeals, a court of appeals, or a state judicial agency.
Sec. 2052.402. EXAMINATION OF REPORTING REQUIREMENTS. (a)
Not later than August 1, 2012, the executive director of each state
agency shall:
(1) examine the agency's reporting requirements
established by a state statute enacted before January 1, 2009, and
not amended since that date, and identify each reporting
requirement that the executive director 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; and
(2) provide to the governor, lieutenant governor,
speaker of the house of representatives, chair of the House
Committee on Government Efficiency and Reform, chair of the Senate
Committee on Government Organization, chair of each standing
committee of the senate and house of representatives with
jurisdiction over the agency, Texas State Library and Archives
Commission, and Legislative Budget Board an electronic report that
includes:
(A) each statutory reporting requirement for
which the executive director made a determination described by
Subdivision (1); and
(B) the justification for the executive
director's determination for each reporting requirement.
(b) The executive director may not include in the initial
report issued under Subsection (a)(2) a reporting requirement that
is required by federal law.
Sec. 2052.403. EXPIRATION. This subchapter expires
September 1, 2014.
SECTION 2. Section 325.011, Government Code, is amended to
read as follows:
Sec. 325.011. CRITERIA FOR REVIEW. The commission and its
staff shall consider the following criteria in determining whether
a public need exists for the continuation of a state agency or its
advisory committees or for the performance of the functions of the
agency or its advisory committees:
(1) the efficiency and effectiveness with which the
agency or the advisory committee operates;
(2)(A) an identification of the mission, goals, and
objectives intended for the agency or advisory committee and of the
problem or need that the agency or advisory committee was intended
to address; and
(B) the extent to which the mission, goals, and
objectives have been achieved and the problem or need has been
addressed;
(3)(A) an identification of any activities of the
agency in addition to those granted by statute and of the authority
for those activities; and
(B) the extent to which those activities are
needed;
(4) an assessment of authority of the agency relating
to fees, inspections, enforcement, and penalties;
(5) whether less restrictive or alternative methods of
performing any function that the agency performs could adequately
protect or provide service to the public;
(6) the extent to which the jurisdiction of the agency
and the programs administered by the agency overlap or duplicate
those of other agencies, the extent to which the agency coordinates
with those agencies, and the extent to which the programs
administered by the agency can be consolidated with the programs of
other state agencies;
(7) the promptness and effectiveness with which the
agency addresses complaints concerning entities or other persons
affected by the agency, including an assessment of the agency's
administrative hearings process;
(8) an assessment of the agency's rulemaking process
and the extent to which the agency has encouraged participation by
the public in making its rules and decisions and the extent to which
the public participation has resulted in rules that benefit the
public;
(9) the extent to which the agency has complied with:
(A) federal and state laws and applicable rules
regarding equality of employment opportunity and the rights and
privacy of individuals; and
(B) state law and applicable rules of any state
agency regarding purchasing guidelines and programs for
historically underutilized businesses;
(10) the extent to which the agency issues and
enforces rules relating to potential conflicts of interest of its
employees;
(11) the extent to which the agency complies with
Chapters 551 and 552 and follows records management practices that
enable the agency to respond efficiently to requests for public
information; [and]
(12) the effect of federal intervention or loss of
federal funds if the agency is abolished; and
(13) the extent to which the purpose and effectiveness
of reporting requirements imposed on the agency justifies the
continuation of the requirement.
SECTION 3. Subsection (a), Section 325.012, Government
Code, is amended to read as follows:
(a) In its report on a state agency, the commission shall:
(1) make recommendations on the abolition,
continuation, or reorganization of each affected state agency and
its advisory committees and on the need for the performance of the
functions of the agency and its advisory committees;
(2) make recommendations on the consolidation,
transfer, or reorganization of programs within state agencies not
under review when the programs duplicate functions performed in
agencies under review; [and]
(3) make recommendations to improve the operations of
the agency, its policy body, and its advisory committees, including
management recommendations that do not require a change in the
agency's enabling statute; and
(4) make recommendations on the continuation or
abolition of each reporting requirement imposed on the agency by
law.
SECTION 4. This Act takes effect September, 1, 2011.
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