82R17895 VOO-D
By: Harper-Brown, Price H.B. No. 2870
Substitute the following for H.B. No. 2870:
By: Harper-Brown C.S.H.B. No. 2870
A BILL TO BE ENTITLED
AN ACT
relating to the elimination of certain required reports prepared by
state agencies and institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.023(b), Agriculture Code, is amended
to read as follows:
(b) The financial transactions of the state board are
subject to audit by the state auditor in accordance with Chapter
321, Government Code. [The board shall file annually with the
governor and the presiding officer of each house of the legislature
a complete and detailed written report that accounts for all funds
received and disbursed by the board during the preceding year. The
form of the annual report and the time for the report shall be
prescribed in the General Appropriations Act.]
SECTION 2. Section 21.040, Education Code, is amended to
read as follows:
Sec. 21.040. GENERAL POWERS AND DUTIES OF BOARD. The board
shall:
(1) supervise the executive director's performance;
(2) approve an operating budget for the board and make
a request for appropriations;
(3) appoint the members of any advisory committee to
the board;
(4) for each class of educator certificate, appoint an
advisory committee composed of members of that class to recommend
standards for that class to the board;
(5) provide to its members and employees, as often as
necessary, information regarding their qualifications for office
or employment under this chapter and their responsibilities under
applicable laws relating to standards of conduct for state officers
or employees;
(6) develop and implement policies that clearly define
the respective responsibilities of the board and the board's staff;
and
(7) [file annually with the governor and the presiding
officer of each house of the legislature a complete and detailed
written report, in the form and within the time provided by the
General Appropriations Act, accounting for all funds received and
disbursed by the board during the preceding fiscal year; and
[(8)] execute interagency contracts to perform
routine administrative functions.
SECTION 3. Section 30A.054, Education Code, is amended to
read as follows:
Sec. 30A.054. REPORTS. [(a) The commissioner shall
prepare a report for each fiscal year documenting activities of the
state virtual school network in accordance with this chapter. Not
later than January 31 of each year, the commissioner shall file the
report for the preceding fiscal year with the governor, the
lieutenant governor, and the speaker of the house of
representatives.
[(b)] To the extent permitted under the Family Educational
Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g),[:
[(1) the report under Subsection (a) must include the
results of assessment instruments administered to students
enrolled in electronic courses under this chapter; and
[(2)] the commissioner shall make information
relating to the performance of students enrolled in electronic
courses under this chapter available to school districts,
open-enrollment charter schools, and the public.
SECTION 4. Section 411.0098(c), Government Code, is amended
to read as follows:
(c) The department and the Texas Department of
Transportation shall[:
[(1)] update and revise the procedures established
under this section as necessary[; and
[(2) file not later than January 15 of each
odd-numbered year with the presiding officer of each house of the
legislature a report that describes the procedures established
under this section and their implementation].
SECTION 5. Section 441.013(a), Government Code, is amended
to read as follows:
(a) The commission shall make a biennial report to the
governor that includes:
(1) a comprehensive view of the operation of the
commission in discharging the duties imposed by this subchapter;
(2) a review of the library conditions in this state;
(3) [an itemized statement of the commission's
expenditures;
[(4)] any recommendations suggested by the experience
of the commission;
[(5) careful estimates of money necessary for carrying
out this subchapter;] and
(4) [(6)] a review of commission activities under
Subtitle C, Title 6, Local Government Code, and Subchapters J and L.
SECTION 6. The heading to Section 442.010, Government Code,
is amended to read as follows:
Sec. 442.010. AUDITS[; ANNUAL REPORT].
SECTION 7. Section 501.007, Government Code, is amended to
read as follows:
Sec. 501.007. INMATE CLAIMS FOR LOST OR DAMAGED PROPERTY.
The department may pay from the miscellaneous funds appropriated to
the division claims made by inmates housed in facilities operated
by the department for property lost or damaged by the division. The
department shall maintain a record of all transactions made under
this section [and shall send a copy of that record to the state
auditor at least annually]. The record must show the amount of each
claim paid, the identity of each claimant, and the purpose for which
each claim was made. The department may not pay under this section
more than $500 on a claim.
SECTION 8. Section 508.036(b), Government Code, is amended
to read as follows:
(b) The board shall:
(1) adopt rules relating to the decision-making
processes used by the board and parole panels;
(2) prepare information of public interest describing
the functions of the board and make the information available to the
public and appropriate state agencies;
(3) comply with federal and state laws related to
program and facility accessibility;
[(4) prepare annually a complete and detailed written
report that meets the reporting requirements applicable to
financial reporting provided in the General Appropriations Act and
accounts for all funds received and disbursed by the board during
the preceding fiscal year;] and
(4) [(5)] develop and implement policies that provide
the public with a reasonable opportunity to appear before the board
and to speak on any issue under the jurisdiction of the board, with
the exception of an individual parole determination or clemency
recommendation.
SECTION 9. Section 751.005(b), Government Code, is amended
to read as follows:
(b) The office shall:
(1) help coordinate state and federal programs dealing
with the same subject;
(2) inform the governor and the legislature of federal
programs that may be carried out in the state or that affect state
programs;
(3) provide federal agencies and the United States
Congress with information about state policy and state conditions
on matters that concern the federal government;
(4) provide the legislature with information useful in
measuring the effect of federal actions on the state and local
programs;
(5) prepare and supply to the governor and all members
of the legislature an annual report that:
(A) describes the office's operations;
(B) contains the office's priorities and
strategies for the following year;
(C) details projects and legislation pursued by
the office;
(D) discusses issues in the following
congressional session of interest to this state; and
(E) contains an analysis of federal funds
availability and formulae;
(6) [prepare annually a complete and detailed written
report accounting for all funds received and disbursed by the
office during the preceding fiscal year;
[(7)] notify the governor, the lieutenant governor,
the speaker of the house of representatives, and the legislative
standing committees in each house with primary jurisdiction over
intergovernmental affairs of federal activities relevant to the
state and inform the Texas congressional delegation of state
activities;
(7) [(8)] conduct frequent conference calls with the
lieutenant governor and the speaker of the house of representatives
or their designees regarding state-federal relations and programs;
(8) [(9)] respond to requests for information from the
legislature, the United States Congress, and federal agencies;
(9) [(10)] coordinate with the Legislative Budget
Board regarding the effects of federal funding on the state budget;
and
(10) [(11)] report to, and on request send appropriate
representatives to appear before, the legislative standing
committees in each house with primary jurisdiction over
intergovernmental affairs.
SECTION 10. Section 22.005(d), Human Resources Code, is
amended to read as follows:
(d) With the approval of the comptroller, the department
shall establish an internal accounting system, and the department's
expenditures shall be allocated to the various funds according to
the system. At the end of each fiscal biennium the department shall
return [report to the comptroller] the amount of the unencumbered
balances in each of the department's operating funds that belongs
to the children's assistance fund and the medical assistance fund[,
and those unencumbered balances shall be returned] to the
appropriate special fund.
SECTION 11. Section 131.005, Human Resources Code, is
amended to read as follows:
Sec. 131.005. REPORTING AND ACCOUNTING SYSTEM. Each health
and human services agency that provides, purchases, or otherwise
funds transportation services for clients shall:
(1) comply with the standardized system of reporting
and accounting established by the office under Section
131.003(a)(3); and
(2) make any changes to agency data collection systems
that are necessary to enable the agency to comply with the
standardized system[; and
[(3) not later than August 31 of each year, submit to
the office a report relating to transportation services that
complies with the standardized system].
SECTION 12. Section 131.006, Human Resources Code, is
amended to read as follows:
Sec. 131.006. IMPLEMENTATION OF STATEWIDE COORDINATION
PLAN. In order to implement the statewide coordination plan
created by the office under Section 131.003(a)(2), the office
shall:
(1) review rules, policies, contracts, grants, and
funding mechanisms relating to transportation services of each
health and human services agency that provides, purchases, or
otherwise funds transportation services for clients to determine
whether the rules, policies, contracts, grants, and funding
mechanisms are consistent with the plan; and
(2) make recommendations for revisions to rules,
policies, contracts, grants, and funding mechanisms determined
under Subdivision (1) to be inconsistent with the plan[; and
[(3) not later than September 30 of each even-numbered
year, submit a report by electronic mail and by hand delivery to the
governor, the secretary of state, the Legislative Budget Board, and
the commissioner relating to the results of the review conducted by
the office under this section].
SECTION 13. Section 1660.055(b), Insurance Code, is amended
to read as follows:
(b) The advisory committee shall:
(1) recommend specific provisions that could be
included in a department-issued request for information relating to
electronic data exchange, including identification card programs;
and
(2) provide those recommendations to the commissioner
not later than four months after the date on which the committee is
appointed[; and
[(3) issue a final report to the commissioner
containing the committee's recommendations for implementation by
December 1, 2008].
SECTION 14. Section 161.173(c), Natural Resources Code, is
amended to read as follows:
(c) The Veterans Land Board shall not invest more than $50
million in revenue bonds issued under Chapter 164 [and shall report
to the governor, the senate committee on finance, and the house of
representatives committee on appropriations on or before December
1, 2000, regarding the status of its investment in such revenue
bonds and all related debt service].
SECTION 15. Section 201.053(b), Transportation Code, is
amended to read as follows:
(b) The chair shall:
(1) preside over commission meetings, make rulings on
motions and points of order, and determine the order of business;
(2) represent the department in dealing with the
governor;
(3) [report to the governor on the state of affairs of
the department at least quarterly;
[(4)] report to the commission the governor's
suggestions for department operations;
(4) [(5) report to the governor on efforts, including
legislative requirements, to maximize the efficiency of department
operations through the use of private enterprise;
[(6) periodically review the department's
organizational structure and submit recommendations for structural
changes to the governor, the commission, and the Legislative Budget
Board;
[(7)] designate one or more employees of the
department as a civil rights division of the department and receive
regular reports from the division on the department's efforts to
comply with civil rights legislation and administrative rules;
(5) [(8)] create subcommittees, appoint commissioners
to subcommittees, and receive the reports of subcommittees to the
commission as a whole;
(6) [(9)] appoint a commissioner to act in the chair's
absence; and
(7) [(10)] serve as the departmental liaison with the
governor and the Office of State-Federal Relations to maximize
federal funding for transportation.
SECTION 16. The following provisions are repealed:
(1) Section 12.014, Agriculture Code;
(2) Section 12.029(c), Agriculture Code;
(3) Section 12.038(f), Agriculture Code;
(4) Section 131.005(b), Agriculture Code;
(5) Section 161.032, Agriculture Code;
(6) Section 5.09, Alcoholic Beverage Code;
(7) Section 7.055(b)(8), Education Code;
(8) Section 21.357(d), Education Code;
(9) Section 29.087(m), Education Code;
(10) Section 39.335, Education Code;
(11) Section 44.042(d), Education Code;
(12) Section 51.216, Education Code;
(13) Section 51.504, Education Code;
(14) Section 51.917(e), Education Code;
(15) Section 56.206(c), Education Code;
(16) Section 61.051(r), Education Code;
(17) Section 61.069, Education Code;
(18) Section 61.087(c), Education Code;
(19) Section 61.806(f), Education Code;
(20) Sections 61.823(e) and (f), Education Code;
(21) Section 86.52(m), Education Code;
(22) Sections 130.0033(d) and (e), Education Code;
(23) Section 130.152, Education Code;
(24) Section 143.006, Education Code;
(25) Section 236.002(e), Family Code;
(26) Section 320.003, Government Code;
(27) Section 320.004, Government Code;
(28) Section 411.0097(d), Government Code, as added by
Chapter 693 (S.B. 293), Acts of the 79th Legislature, Regular
Session, 2005;
(29) Section 411.013(d), Government Code;
(30) Section 413.013, Government Code;
(31) Section 413.015, Government Code;
(32) Sections 413.016(b), (c), (d), and (e),
Government Code;
(33) Section 413.022(b), Government Code;
(34) Section 419.010, Government Code;
(35) Section 434.013(b), Government Code;
(36) Section 441.013(c), Government Code;
(37) Section 441.154(n), Government Code;
(38) Section 442.005(d), Government Code;
(39) Section 442.010(b), Government Code;
(40) Section 443.0051(c), Government Code;
(41) Section 443.0135(e), Government Code;
(42) Section 444.025(h), Government Code;
(43) Section 448.011, Government Code;
(44) Section 481.011, Government Code;
(45) Section 481.168, Government Code;
(46) Section 492.011, Government Code;
(47) Section 511.015(b), Government Code;
(48) Section 531.0243, Government Code;
(49) Section 531.0273(b), Government Code;
(50) Section 531.029, Government Code;
(51) Section 531.110(f), Government Code;
(52) Section 531.204, Government Code;
(53) Section 552.274(b), Government Code, as amended
by Chapters 329 (S.B. 727) and 716 (S.B. 452), Acts of the 79th
Legislature, Regular Session, 2005;
(54) Section 751.005(d), Government Code;
(55) Section 752.006, Government Code;
(56) Section 782.014, Government Code;
(57) Section 801.203(b), Government Code;
(58) Section 1231.086(a), Government Code;
(59) Section 1232.069, Government Code;
(60) Section 2054.034(b), Government Code;
(61) Section 2112.005, Government Code;
(62) Section 2152.062, Government Code;
(63) Section 2152.063, Government Code;
(64) Sections 2161.121(d) and (e), Government Code;
(65) Section 2171.101(d), Government Code;
(66) Section 2203.001, Government Code;
(67) Section 2205.016, Government Code;
(68) Section 2306.759, Government Code;
(69) Section 11.017(a), Health and Safety Code;
(70) Section 62.104(e), Health and Safety Code;
(71) Section 93.006, Health and Safety Code;
(72) Section 103.018, Health and Safety Code;
(73) Section 165.034, Health and Safety Code;
(74) Section 427.006, Health and Safety Code;
(75) Section 532.017, Health and Safety Code;
(76) Section 533.0354(d), Health and Safety Code;
(77) Section 533.049(b), Health and Safety Code;
(78) Section 533.050(b), Health and Safety Code;
(79) Section 691.008(c), Health and Safety Code;
(80) Section 1001.031, Health and Safety Code;
(81) Sections 21.011(b) and (c), Human Resources Code;
(82) Section 31.0325(d), Human Resources Code;
(83) Section 32.0246(e), Human Resources Code;
(84) Section 32.055(d), Human Resources Code;
(85) Section 33.0022, Human Resources Code;
(86) Section 40.0325(c), Human Resources Code;
(87) Section 40.0565, Human Resources Code;
(88) Section 61.033, Human Resources Code;
(89) Section 73.022(f), Human Resources Code;
(90) Section 81.006(d), Human Resources Code;
(91) Section 91.019, Human Resources Code;
(92) Section 91.053(c), Human Resources Code;
(93) Sections 101.008(a) and (c), Human Resources
Code;
(94) Section 111.021(b), Human Resources Code;
(95) Section 117.031, Human Resources Code;
(96) Section 141.024(b), Human Resources Code;
(97) Section 141.086(i), Human Resources Code;
(98) Section 161.031, Human Resources Code;
(99) Section 402.070, Labor Code;
(100) Section 409.012(f), Labor Code;
(101) Section 31.059(c), Natural Resources Code;
(102) Section 31.060, Natural Resources Code;
(103) Section 32.024, Natural Resources Code;
(104) Section 34.0191, Natural Resources Code;
(105) Section 81.055(a), Natural Resources Code;
(106) Section 161.027, Natural Resources Code;
(107) Section 161.131(b), Natural Resources Code;
(108) Section 161.132(b), Natural Resources Code;
(109) Section 153.055, Occupations Code;
(110) Section 202.159, Occupations Code;
(111) Sections 203.154(a) and (b), Occupations Code;
(112) Section 205.105, Occupations Code;
(113) Section 206.102, Occupations Code;
(114) Section 301.165, Occupations Code;
(115) Section 351.164, Occupations Code;
(116) Section 451.107, Occupations Code;
(117) Section 452.159(a), Occupations Code;
(118) Section 453.109, Occupations Code;
(119) Section 501.159, Occupations Code;
(120) Section 502.160, Occupations Code;
(121) Section 505.208, Occupations Code;
(122) Section 554.013, Occupations Code;
(123) Section 605.156, Occupations Code;
(124) Section 651.161, Occupations Code;
(125) Sections 651.162(a) and (c), Occupations Code;
(126) Section 701.158, Occupations Code;
(127) Section 901.164, Occupations Code;
(128) Section 1701.158, Occupations Code;
(129) Section 12.021, Parks and Wildlife Code;
(130) Section 201.107, Transportation Code;
(131) Section 201.403(c), Transportation Code;
(132) Section 13.063(a), Utilities Code;
(133) Section 39.902(b), Utilities Code;
(134) Section 163.002, Utilities Code;
(135) Section 5.178(d), Water Code;
(136) Section 26.561(a), Water Code; and
(137) Section 2.17, Texas Racing Act (Article 179e,
Vernon's Texas Civil Statutes).
SECTION 17. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2011.