H.R. No. 2647
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 82nd Legislature, Regular Session, 2011, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on Senate Bill 652 (governmental and
certain quasi-governmental entities subject to the sunset review
process) to consider and take action on the following matter:
House Rule 13, Section 9(a)(4), is suspended to permit the
committee to add text on matters not included in either the house or
senate version of the bill by adding the following:
SECTION 1.07. RAILROAD COMMISSION OF TEXAS. (a) Section
81.01001, Natural Resources Code, is amended to read as follows:
Sec. 81.01001. SUNSET PROVISION. The Railroad Commission
of Texas is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the commission is abolished September 1, 2013 [2011].
(b) This section takes effect only if the 82nd Legislature,
Regular Session, 2011, does not enact other legislation that
becomes law and that amends Section 81.01001, Natural Resources
Code, to extend the sunset date of the Railroad Commission of Texas.
If the 82nd Legislature, Regular Session, 2011, enacts legislation
of that kind, this section has no effect.
(c) The review of the Railroad Commission of Texas by the
Sunset Advisory Commission in preparation for the work of the 83rd
Legislature in Regular Session is not limited to the
appropriateness of recommendations made by the commission to the
82nd Legislature. In the commission's report to the 83rd
Legislature, the commission may include any recommendations it
considers appropriate.
SECTION 1.08. PUBLIC UTILITY COMMISSION OF TEXAS. (a)
Section 12.005, Utilities Code, is amended to read as follows:
Sec. 12.005. APPLICATION OF SUNSET ACT. The Public Utility
Commission of Texas is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter or by Chapter 39, the commission is abolished and this
title expires September 1, 2013 [2011].
(b) This section takes effect only if the 82nd Legislature,
Regular Session, 2011, does not enact other legislation that
becomes law and that amends Section 12.005, Utilities Code, to
extend the sunset date of the Public Utility Commission of Texas. If
the 82nd Legislature, Regular Session, 2011, enacts legislation of
that kind, this section has no effect.
SECTION 1.09. ELECTRIC RELIABILITY COUNCIL OF TEXAS. (a)
Section 39.151, Utilities Code, is amended by adding Subsections
(n) and (n-1) to read as follows:
(n) An independent organization certified by the commission
under this section is subject to review under Chapter 325,
Government Code (Texas Sunset Act), but is not abolished under that
chapter. The independent organization shall be reviewed during
the periods in which the Public Utility Commission of Texas is
reviewed.
(n-1) Notwithstanding Subsection (n), an independent
organization certified by the commission under this section is not
subject to review in preparation for the work of the 83rd
Legislature in Regular Session. This subsection expires September
1, 2013.
(b) This section takes effect only if the 82nd Legislature,
Regular Session, 2011, does not enact other legislation that
becomes law and that amends Section 39.151, Utilities Code, to
subject an independent organization certified by the Public Utility
Commission of Texas under that section to sunset review during the
periods in which the commission is reviewed. If the 82nd
Legislature, Regular Session, 2011, enacts legislation of that
kind, this section has no effect.
SECTION 1.10. PORT OF HOUSTON AUTHORITY. Chapter 97, Acts
of the 40th Legislature, 1st Called Session, 1927, is amended by
adding Section 9 to read as follows:
Sec. 9. SUNSET REVIEW. (a) The Port of Houston Authority
is subject to review under Chapter 325, Government Code (Texas
Sunset Act), as if it were a state agency but may not be abolished
under that chapter. The review shall be conducted as if the
authority were scheduled to be abolished September 1, 2013.
(b) The reviews must assess the authority's governance,
management, and operating structure, and the authority's
compliance with legislative requirements.
(c) The authority shall pay the cost incurred by the Sunset
Advisory Commission in performing a review of the authority under
this section. The Sunset Advisory Commission shall determine the
cost, and the authority shall pay the amount promptly on receipt of
a statement from the Sunset Advisory Commission detailing the cost.
(d) This section expires September 1, 2013.
SECTION 2.01. REGIONAL EDUCATION SERVICE CENTERS.
Subchapter A, Chapter 8, Education Code, is amended by adding
Section 8.010 to read as follows:
Sec. 8.010. SUNSET PROVISION. Regional education service
centers are subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the centers are abolished and this chapter expires September 1,
2015.
SECTION 6.02. OFFICE OF PUBLIC UTILITY COUNSEL. Section
13.002, Utilities Code, is amended to read as follows:
Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of
Public Utility Counsel is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the office is abolished and this chapter expires
September 1, 2023 [2011].
ARTICLE 8. SUNSET ADVISORY COMMISSION
SECTION 8.01. REVIEW OF AGENCIES REVIEWED FOR THE 82nd
LEGISLATURE. For a state agency that was reviewed by the Sunset
Advisory Commission in preparation for the work of the 82nd
Legislature in Regular Session and the abolition date of which was
extended to 2013, the commission, unless expressly provided
otherwise, shall limit its review of the agency in preparation for
the work of the 83rd Legislature in Regular Session to the
appropriateness of recommendations made by the commission to the
82nd Legislature. In the commission's report to the 83rd
Legislature, the commission may include any recommendations it
considers appropriate. This section expires September 1, 2013.
Explanation: This addition is necessary to change the sunset
review date for various state agencies, to subject the Electric
Reliability Council of Texas to sunset review during the periods in
which the Public Utility Commission of Texas is reviewed, to
subject the Port of Houston Authority and regional education
service centers to sunset review, and to limit the review of state
agencies that were reviewed by the Sunset Advisory Commission in
preparation for the work of the 82nd Legislature in Regular
Session.
Bonnen
______________________________
Speaker of the House
I certify that H.R. No. 2647 was adopted by the House on May
29, 2011, by the following vote: Yeas 144, Nays 2, 2 present, not
voting.
______________________________
Chief Clerk of the House