By: Guillen H.B. No. 326
A BILL TO BE ENTITLED
AN ACT
relating to the reporting requirements of, and certain unfunded
mandates related to the functions of, a state agency that is
undergoing review by the Sunset Advisory Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 325, Government Code, is amended by
adding Section 325.0075 to read as follows:
Sec. 325.0075. REPORTING REQUIREMENTS OF AGENCY BEING
REVIEWED. Before September 1 of the odd-numbered year before the
year in which a state agency subject to this chapter is abolished,
the agency shall submit to the commission, the governor, the
lieutenant governor, and each member of the legislature a report
that:
(1) lists each report that the agency is required by a
statute to prepare; and
(2) evaluates the need for each report listed in
Subdivision (1) based on whether factors or conditions have changed
since the date the statutory requirement to prepare the report was
enacted.
SECTION 2. Section 320.004, Government Code, is amended to
read as follows:
Sec. 320.004. REVIEW OF UNFUNDED MANDATES. (a) The Sunset
Advisory Commission in performing a review of a state agency whose
functions affect political subdivisions may [Before September 1 of
the even-numbered year before the third anniversary of the date of
enactment of a mandate identified by the interagency work group
under Section 320.003, the interagency work group shall]:
(1) review the legislative history of any [the]
mandate related to the functions of the state agency being
reviewed;
(2) conduct an evaluation on the benefits of the
mandate and the costs of the mandate on affected political
subdivisions; and
(3) include any information gathered under this
section in the report required under Section 325.010 [present a
written report to the legislature and the governor on the
interagency work group's findings].
(b) During a review of a state agency, a political
subdivision affected by a mandate related to the functions of the
agency may present information to the commission regarding the
mandate and costs associated with the mandate and may recommend
changes to current law that may provide more efficient use of
resources.
(c) A political subdivision may periodically review each
mandate to which the political subdivision is subject and recommend
changes for making an activity or measure more efficient, including
elimination of [the regular session immediately following the
issuance of a report under Subsection (a), the legislature by law
may continue the mandate for a period not to exceed three years, by
law may repeal the mandate, or may take no action on] the mandate,
to the governor, the lieutenant governor, the speaker of the house
of representatives, the Senate Finance Committee, the House
Appropriations Committee, and the Sunset Advisory Commission.
SECTION 3. 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.