Texas 2011 - 82nd Regular

Texas House Bill HB2870 Compare Versions

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1	1	82R17895 VOO-D
2	2	By: Harper-Brown, Price H.B. No. 2870
3	3	Substitute the following for H.B. No. 2870:
4	4	By: Harper-Brown C.S.H.B. No. 2870
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the elimination of certain required reports prepared by
10	10	state agencies and institutions of higher education.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 201.023(b), Agriculture Code, is amended
13	13	to read as follows:
14	14	(b) The financial transactions of the state board are
15	15	subject to audit by the state auditor in accordance with Chapter
16	16	321, Government Code. [The board shall file annually with the
17	17	governor and the presiding officer of each house of the legislature
18	18	a complete and detailed written report that accounts for all funds
19	19	received and disbursed by the board during the preceding year. The
20	20	form of the annual report and the time for the report shall be
21	21	prescribed in the General Appropriations Act.]
22	22	SECTION 2. Section 21.040, Education Code, is amended to
23	23	read as follows:
24	24	Sec. 21.040. GENERAL POWERS AND DUTIES OF BOARD. The board
25	25	shall:
26	26	(1) supervise the executive director's performance;
27	27	(2) approve an operating budget for the board and make
28	28	a request for appropriations;
29	29	(3) appoint the members of any advisory committee to
30	30	the board;
31	31	(4) for each class of educator certificate, appoint an
32	32	advisory committee composed of members of that class to recommend
33	33	standards for that class to the board;
34	34	(5) provide to its members and employees, as often as
35	35	necessary, information regarding their qualifications for office
36	36	or employment under this chapter and their responsibilities under
37	37	applicable laws relating to standards of conduct for state officers
38	38	or employees;
39	39	(6) develop and implement policies that clearly define
40	40	the respective responsibilities of the board and the board's staff;
41	41	and
42	42	(7) [file annually with the governor and the presiding
43	43	officer of each house of the legislature a complete and detailed
44	44	written report, in the form and within the time provided by the
45	45	General Appropriations Act, accounting for all funds received and
46	46	disbursed by the board during the preceding fiscal year; and
47	47	[(8)] execute interagency contracts to perform
48	48	routine administrative functions.
49	49	SECTION 3. Section 30A.054, Education Code, is amended to
50	50	read as follows:
51	51	Sec. 30A.054. REPORTS. [(a) The commissioner shall
52	52	prepare a report for each fiscal year documenting activities of the
53	53	state virtual school network in accordance with this chapter. Not
54	54	later than January 31 of each year, the commissioner shall file the
55	55	report for the preceding fiscal year with the governor, the
56	56	lieutenant governor, and the speaker of the house of
57	57	representatives.
58	58	[(b)] To the extent permitted under the Family Educational
59	59	Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g),[:
60	60	[(1) the report under Subsection (a) must include the
61	61	results of assessment instruments administered to students
62	62	enrolled in electronic courses under this chapter; and
63	63	[(2)] the commissioner shall make information
64	64	relating to the performance of students enrolled in electronic
65	65	courses under this chapter available to school districts,
66	66	open-enrollment charter schools, and the public.
67	67	SECTION 4. Section 411.0098(c), Government Code, is amended
68	68	to read as follows:
69	69	(c) The department and the Texas Department of
70	70	Transportation shall[:
71	71	[(1)] update and revise the procedures established
72	72	under this section as necessary[; and
73	73	[(2) file not later than January 15 of each
74	74	odd-numbered year with the presiding officer of each house of the
75	75	legislature a report that describes the procedures established
76	76	under this section and their implementation].
77	77	SECTION 5. Section 441.013(a), Government Code, is amended
78	78	to read as follows:
79	79	(a) The commission shall make a biennial report to the
80	80	governor that includes:
81	81	(1) a comprehensive view of the operation of the
82	82	commission in discharging the duties imposed by this subchapter;
83	83	(2) a review of the library conditions in this state;
84	84	(3) [an itemized statement of the commission's
85	85	expenditures;
86	86	[(4)] any recommendations suggested by the experience
87	87	of the commission;
88	88	[(5) careful estimates of money necessary for carrying
89	89	out this subchapter;] and
90	90	(4) [(6)] a review of commission activities under
91	91	Subtitle C, Title 6, Local Government Code, and Subchapters J and L.
92	92	SECTION 6. The heading to Section 442.010, Government Code,
93	93	is amended to read as follows:
94	94	Sec. 442.010. AUDITS[; ANNUAL REPORT].
95	95	SECTION 7. Section 501.007, Government Code, is amended to
96	96	read as follows:
97	97	Sec. 501.007. INMATE CLAIMS FOR LOST OR DAMAGED PROPERTY.
98	98	The department may pay from the miscellaneous funds appropriated to
99	99	the division claims made by inmates housed in facilities operated
100	100	by the department for property lost or damaged by the division. The
101	101	department shall maintain a record of all transactions made under
102	102	this section [and shall send a copy of that record to the state
103	103	auditor at least annually]. The record must show the amount of each
104	104	claim paid, the identity of each claimant, and the purpose for which
105	105	each claim was made. The department may not pay under this section
106	106	more than $500 on a claim.
107	107	SECTION 8. Section 508.036(b), Government Code, is amended
108	108	to read as follows:
109	109	(b) The board shall:
110	110	(1) adopt rules relating to the decision-making
111	111	processes used by the board and parole panels;
112	112	(2) prepare information of public interest describing
113	113	the functions of the board and make the information available to the
114	114	public and appropriate state agencies;
115	115	(3) comply with federal and state laws related to
116	116	program and facility accessibility;
117	117	[(4) prepare annually a complete and detailed written
118	118	report that meets the reporting requirements applicable to
119	119	financial reporting provided in the General Appropriations Act and
120	120	accounts for all funds received and disbursed by the board during
121	121	the preceding fiscal year;] and
122	122	(4) [(5)] develop and implement policies that provide
123	123	the public with a reasonable opportunity to appear before the board
124	124	and to speak on any issue under the jurisdiction of the board, with
125	125	the exception of an individual parole determination or clemency
126	126	recommendation.
127	127	SECTION 9. Section 751.005(b), Government Code, is amended
128	128	to read as follows:
129	129	(b) The office shall:
130	130	(1) help coordinate state and federal programs dealing
131	131	with the same subject;
132	132	(2) inform the governor and the legislature of federal
133	133	programs that may be carried out in the state or that affect state
134	134	programs;
135	135	(3) provide federal agencies and the United States
136	136	Congress with information about state policy and state conditions
137	137	on matters that concern the federal government;
138	138	(4) provide the legislature with information useful in
139	139	measuring the effect of federal actions on the state and local
140	140	programs;
141	141	(5) prepare and supply to the governor and all members
142	142	of the legislature an annual report that:
143	143	(A) describes the office's operations;
144	144	(B) contains the office's priorities and
145	145	strategies for the following year;
146	146	(C) details projects and legislation pursued by
147	147	the office;
148	148	(D) discusses issues in the following
149	149	congressional session of interest to this state; and
150	150	(E) contains an analysis of federal funds
151	151	availability and formulae;
152	152	(6) [prepare annually a complete and detailed written
153	153	report accounting for all funds received and disbursed by the
154	154	office during the preceding fiscal year;
155	155	[(7)] notify the governor, the lieutenant governor,
156	156	the speaker of the house of representatives, and the legislative
157	157	standing committees in each house with primary jurisdiction over
158	158	intergovernmental affairs of federal activities relevant to the
159	159	state and inform the Texas congressional delegation of state
160	160	activities;
161	161	(7) [(8)] conduct frequent conference calls with the
162	162	lieutenant governor and the speaker of the house of representatives
163	163	or their designees regarding state-federal relations and programs;
164	164	(8) [(9)] respond to requests for information from the
165	165	legislature, the United States Congress, and federal agencies;
166	166	(9) [(10)] coordinate with the Legislative Budget
167	167	Board regarding the effects of federal funding on the state budget;
168	168	and
169	169	(10) [(11)] report to, and on request send appropriate
170	170	representatives to appear before, the legislative standing
171	171	committees in each house with primary jurisdiction over
172	172	intergovernmental affairs.
173	173	SECTION 10. Section 22.005(d), Human Resources Code, is
174	174	amended to read as follows:
175	175	(d) With the approval of the comptroller, the department
176	176	shall establish an internal accounting system, and the department's
177	177	expenditures shall be allocated to the various funds according to
178	178	the system. At the end of each fiscal biennium the department shall
179	179	return [report to the comptroller] the amount of the unencumbered
180	180	balances in each of the department's operating funds that belongs
181	181	to the children's assistance fund and the medical assistance fund[,
182	182	and those unencumbered balances shall be returned] to the
183	183	appropriate special fund.
184	184	SECTION 11. Section 131.005, Human Resources Code, is
185	185	amended to read as follows:
186	186	Sec. 131.005. REPORTING AND ACCOUNTING SYSTEM. Each health
187	187	and human services agency that provides, purchases, or otherwise
188	188	funds transportation services for clients shall:
189	189	(1) comply with the standardized system of reporting
190	190	and accounting established by the office under Section
191	191	131.003(a)(3); and
192	192	(2) make any changes to agency data collection systems
193	193	that are necessary to enable the agency to comply with the
194	194	standardized system[; and
195	195	[(3) not later than August 31 of each year, submit to
196	196	the office a report relating to transportation services that
197	197	complies with the standardized system].
198	198	SECTION 12. Section 131.006, Human Resources Code, is
199	199	amended to read as follows:
200	200	Sec. 131.006. IMPLEMENTATION OF STATEWIDE COORDINATION
201	201	PLAN. In order to implement the statewide coordination plan
202	202	created by the office under Section 131.003(a)(2), the office
203	203	shall:
204	204	(1) review rules, policies, contracts, grants, and
205	205	funding mechanisms relating to transportation services of each
206	206	health and human services agency that provides, purchases, or
207	207	otherwise funds transportation services for clients to determine
208	208	whether the rules, policies, contracts, grants, and funding
209	209	mechanisms are consistent with the plan; and
210	210	(2) make recommendations for revisions to rules,
211	211	policies, contracts, grants, and funding mechanisms determined
212	212	under Subdivision (1) to be inconsistent with the plan[; and
213	213	[(3) not later than September 30 of each even-numbered
214	214	year, submit a report by electronic mail and by hand delivery to the
215	215	governor, the secretary of state, the Legislative Budget Board, and
216	216	the commissioner relating to the results of the review conducted by
217	217	the office under this section].
218	218	SECTION 13. Section 1660.055(b), Insurance Code, is amended
219	219	to read as follows:
220	220	(b) The advisory committee shall:
221	221	(1) recommend specific provisions that could be
222	222	included in a department-issued request for information relating to
223	223	electronic data exchange, including identification card programs;
224	224	and
225	225	(2) provide those recommendations to the commissioner
226	226	not later than four months after the date on which the committee is
227	227	appointed[; and
228	228	[(3) issue a final report to the commissioner
229	229	containing the committee's recommendations for implementation by
230	230	December 1, 2008].
231	231	SECTION 14. Section 161.173(c), Natural Resources Code, is
232	232	amended to read as follows:
233	233	(c) The Veterans Land Board shall not invest more than $50
234	234	million in revenue bonds issued under Chapter 164 [and shall report
235	235	to the governor, the senate committee on finance, and the house of
236	236	representatives committee on appropriations on or before December
237	237	1, 2000, regarding the status of its investment in such revenue
238	238	bonds and all related debt service].
239	239	SECTION 15. Section 201.053(b), Transportation Code, is
240	240	amended to read as follows:
241	241	(b) The chair shall:
242	242	(1) preside over commission meetings, make rulings on
243	243	motions and points of order, and determine the order of business;
244	244	(2) represent the department in dealing with the
245	245	governor;
246	246	(3) [report to the governor on the state of affairs of
247	247	the department at least quarterly;
248	248	[(4)] report to the commission the governor's
249	249	suggestions for department operations;
250	250	(4) [(5) report to the governor on efforts, including
251	251	legislative requirements, to maximize the efficiency of department
252	252	operations through the use of private enterprise;
253	253	[(6) periodically review the department's
254	254	organizational structure and submit recommendations for structural
255	255	changes to the governor, the commission, and the Legislative Budget
256	256	Board;
257	257	[(7)] designate one or more employees of the
258	258	department as a civil rights division of the department and receive
259	259	regular reports from the division on the department's efforts to
260	260	comply with civil rights legislation and administrative rules;
261	261	(5) [(8)] create subcommittees, appoint commissioners
262	262	to subcommittees, and receive the reports of subcommittees to the
263	263	commission as a whole;
264	264	(6) [(9)] appoint a commissioner to act in the chair's
265	265	absence; and
266	266	(7) [(10)] serve as the departmental liaison with the
267	267	governor and the Office of State-Federal Relations to maximize
268	268	federal funding for transportation.
269	269	SECTION 16. The following provisions are repealed:
270	270	(1) Section 12.014, Agriculture Code;
271	271	(2) Section 12.029(c), Agriculture Code;
272	272	(3) Section 12.038(f), Agriculture Code;
273	273	(4) Section 131.005(b), Agriculture Code;
274	274	(5) Section 161.032, Agriculture Code;
275	275	(6) Section 5.09, Alcoholic Beverage Code;
276	276	(7) Section 7.055(b)(8), Education Code;
277	277	(8) Section 21.357(d), Education Code;
278	278	(9) Section 29.087(m), Education Code;
279	279	(10) Section 39.335, Education Code;
280	280	(11) Section 44.042(d), Education Code;
281	281	(12) Section 51.216, Education Code;
282	282	(13) Section 51.504, Education Code;
283	283	(14) Section 51.917(e), Education Code;
284	284	(15) Section 56.206(c), Education Code;
285	285	(16) Section 61.051(r), Education Code;
286	286	(17) Section 61.069, Education Code;
287	287	(18) Section 61.087(c), Education Code;
288	288	(19) Section 61.806(f), Education Code;
289	289	(20) Sections 61.823(e) and (f), Education Code;
290	290	(21) Section 86.52(m), Education Code;
291	291	(22) Sections 130.0033(d) and (e), Education Code;
292	292	(23) Section 130.152, Education Code;
293	293	(24) Section 143.006, Education Code;
294	294	(25) Section 236.002(e), Family Code;
295	295	(26) Section 320.003, Government Code;
296	296	(27) Section 320.004, Government Code;
297	297	(28) Section 411.0097(d), Government Code, as added by
298	298	Chapter 693 (S.B. 293), Acts of the 79th Legislature, Regular
299	299	Session, 2005;
300	300	(29) Section 411.013(d), Government Code;
301	301	(30) Section 413.013, Government Code;
302	302	(31) Section 413.015, Government Code;
303	303	(32) Sections 413.016(b), (c), (d), and (e),
304	304	Government Code;
305	305	(33) Section 413.022(b), Government Code;
306	306	(34) Section 419.010, Government Code;
307	307	(35) Section 434.013(b), Government Code;
308	308	(36) Section 441.013(c), Government Code;
309	309	(37) Section 441.154(n), Government Code;
310	310	(38) Section 442.005(d), Government Code;
311	311	(39) Section 442.010(b), Government Code;
312	312	(40) Section 443.0051(c), Government Code;
313	313	(41) Section 443.0135(e), Government Code;
314	314	(42) Section 444.025(h), Government Code;
315	315	(43) Section 448.011, Government Code;
316	316	(44) Section 481.011, Government Code;
317	317	(45) Section 481.168, Government Code;
318	318	(46) Section 492.011, Government Code;
319	319	(47) Section 511.015(b), Government Code;
320	320	(48) Section 531.0243, Government Code;
321	321	(49) Section 531.0273(b), Government Code;
322	322	(50) Section 531.029, Government Code;
323	323	(51) Section 531.110(f), Government Code;
324	324	(52) Section 531.204, Government Code;
325	325	(53) Section 552.274(b), Government Code, as amended
326	326	by Chapters 329 (S.B. 727) and 716 (S.B. 452), Acts of the 79th
327	327	Legislature, Regular Session, 2005;
328	328	(54) Section 751.005(d), Government Code;
329	329	(55) Section 752.006, Government Code;
330	330	(56) Section 782.014, Government Code;
331	331	(57) Section 801.203(b), Government Code;
332	332	(58) Section 1231.086(a), Government Code;
333	333	(59) Section 1232.069, Government Code;
334	334	(60) Section 2054.034(b), Government Code;
335	335	(61) Section 2112.005, Government Code;
336	336	(62) Section 2152.062, Government Code;
337	337	(63) Section 2152.063, Government Code;
338	338	(64) Sections 2161.121(d) and (e), Government Code;
339	339	(65) Section 2171.101(d), Government Code;
340	340	(66) Section 2203.001, Government Code;
341	341	(67) Section 2205.016, Government Code;
342	342	(68) Section 2306.759, Government Code;
343	343	(69) Section 11.017(a), Health and Safety Code;
344	344	(70) Section 62.104(e), Health and Safety Code;
345	345	(71) Section 93.006, Health and Safety Code;
346	346	(72) Section 103.018, Health and Safety Code;
347	347	(73) Section 165.034, Health and Safety Code;
348	348	(74) Section 427.006, Health and Safety Code;
349	349	(75) Section 532.017, Health and Safety Code;
350	350	(76) Section 533.0354(d), Health and Safety Code;
351	351	(77) Section 533.049(b), Health and Safety Code;
352	352	(78) Section 533.050(b), Health and Safety Code;
353	353	(79) Section 691.008(c), Health and Safety Code;
354	354	(80) Section 1001.031, Health and Safety Code;
355	355	(81) Sections 21.011(b) and (c), Human Resources Code;
356	356	(82) Section 31.0325(d), Human Resources Code;
357	357	(83) Section 32.0246(e), Human Resources Code;
358	358	(84) Section 32.055(d), Human Resources Code;
359	359	(85) Section 33.0022, Human Resources Code;
360	360	(86) Section 40.0325(c), Human Resources Code;
361	361	(87) Section 40.0565, Human Resources Code;
362	362	(88) Section 61.033, Human Resources Code;
363	363	(89) Section 73.022(f), Human Resources Code;
364	364	(90) Section 81.006(d), Human Resources Code;
365	365	(91) Section 91.019, Human Resources Code;
366	366	(92) Section 91.053(c), Human Resources Code;
367	367	(93) Sections 101.008(a) and (c), Human Resources
368	368	Code;
369	369	(94) Section 111.021(b), Human Resources Code;
370	370	(95) Section 117.031, Human Resources Code;
371	371	(96) Section 141.024(b), Human Resources Code;
372	372	(97) Section 141.086(i), Human Resources Code;
373	373	(98) Section 161.031, Human Resources Code;
374	374	(99) Section 402.070, Labor Code;
375	375	(100) Section 409.012(f), Labor Code;
376	376	(101) Section 31.059(c), Natural Resources Code;
377	377	(102) Section 31.060, Natural Resources Code;
378	378	(103) Section 32.024, Natural Resources Code;
379	379	(104) Section 34.0191, Natural Resources Code;
380	380	(105) Section 81.055(a), Natural Resources Code;
381	381	(106) Section 161.027, Natural Resources Code;
382	382	(107) Section 161.131(b), Natural Resources Code;
383	383	(108) Section 161.132(b), Natural Resources Code;
384	384	(109) Section 153.055, Occupations Code;
385	385	(110) Section 202.159, Occupations Code;
386	386	(111) Sections 203.154(a) and (b), Occupations Code;
387	387	(112) Section 205.105, Occupations Code;
388	388	(113) Section 206.102, Occupations Code;
389	389	(114) Section 301.165, Occupations Code;
390	390	(115) Section 351.164, Occupations Code;
391	391	(116) Section 451.107, Occupations Code;
392	392	(117) Section 452.159(a), Occupations Code;
393	393	(118) Section 453.109, Occupations Code;
394	394	(119) Section 501.159, Occupations Code;
395	395	(120) Section 502.160, Occupations Code;
396	396	(121) Section 505.208, Occupations Code;
397	397	(122) Section 554.013, Occupations Code;
398	398	(123) Section 605.156, Occupations Code;
399	399	(124) Section 651.161, Occupations Code;
400	400	(125) Sections 651.162(a) and (c), Occupations Code;
401	401	(126) Section 701.158, Occupations Code;
402	402	(127) Section 901.164, Occupations Code;
403	403	(128) Section 1701.158, Occupations Code;
404	404	(129) Section 12.021, Parks and Wildlife Code;
405	405	(130) Section 201.107, Transportation Code;
406	406	(131) Section 201.403(c), Transportation Code;
407	407	(132) Section 13.063(a), Utilities Code;
408	408	(133) Section 39.902(b), Utilities Code;
409	409	(134) Section 163.002, Utilities Code;
410	410	(135) Section 5.178(d), Water Code;
411	411	(136) Section 26.561(a), Water Code; and
412	412	(137) Section 2.17, Texas Racing Act (Article 179e,
413	413	Vernon's Texas Civil Statutes).
414	414	SECTION 17. This Act takes effect immediately if it
415	415	receives a vote of two-thirds of all the members elected to each
416	416	house, as provided by Section 39, Article III, Texas Constitution.
417	417	If this Act does not receive the vote necessary for immediate
418	418	effect, this Act takes effect September 1, 2011.