Texas 2011 - 82nd Regular

Texas Senate Bill SB1618 Compare Versions

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1	1	By: Seliger, Nelson S.B. No. 1618
2	2	(Craddick)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to reporting requirements of state agencies and school
8	8	districts.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 7.060, Education Code, is amended by
11	11	adding Subsection (c) to read as follows:
12	12	(c) Notwithstanding any other law, a school district shall
13	13	submit only in electronic format all reports required to be
14	14	submitted to the agency under this code. The agency shall prescribe
15	15	the electronic format to be used by a school district submitting a
16	16	report to the agency.
17	17	SECTION 2. Section 325.007, Government Code, is amended to
18	18	read as follows:
19	19	Sec. 325.007. AGENCY REPORT TO COMMISSION. (a) Before
20	20	September 1 of the odd-numbered year before the year in which a
21	21	state agency subject to this chapter is abolished, the agency shall
22	22	report to the commission:
23	23	(1) information regarding the application to the
24	24	agency of the criteria in Section 325.011; and
25	25	(2) any other information that the agency considers
26	26	appropriate or that is requested by the commission.
27	27	(b) The reports under Subsection (a) must be submitted in
28	28	electronic format only. The commission shall prescribe the
29	29	electronic format to be used.
30	30	SECTION 3. Section 325.011, Government Code, is amended to
31	31	read as follows:
32	32	Sec. 325.011. CRITERIA FOR REVIEW. The commission and its
33	33	staff shall consider the following criteria in determining whether
34	34	a public need exists for the continuation of a state agency or its
35	35	advisory committees or for the performance of the functions of the
36	36	agency or its advisory committees:
37	37	(1) the efficiency and effectiveness with which the
38	38	agency or the advisory committee operates;
39	39	(2)(A) an identification of the mission, goals, and
40	40	objectives intended for the agency or advisory committee and of the
41	41	problem or need that the agency or advisory committee was intended
42	42	to address; and
43	43	(B) the extent to which the mission, goals, and
44	44	objectives have been achieved and the problem or need has been
45	45	addressed;
46	46	(3)(A) an identification of any activities of the
47	47	agency in addition to those granted by statute and of the authority
48	48	for those activities; and
49	49	(B) the extent to which those activities are
50	50	needed;
51	51	(4) an assessment of authority of the agency relating
52	52	to fees, inspections, enforcement, and penalties;
53	53	(5) whether less restrictive or alternative methods of
54	54	performing any function that the agency performs could adequately
55	55	protect or provide service to the public;
56	56	(6) the extent to which the jurisdiction of the agency
57	57	and the programs administered by the agency overlap or duplicate
58	58	those of other agencies, the extent to which the agency coordinates
59	59	with those agencies, and the extent to which the programs
60	60	administered by the agency can be consolidated with the programs of
61	61	other state agencies;
62	62	(7) the promptness and effectiveness with which the
63	63	agency addresses complaints concerning entities or other persons
64	64	affected by the agency, including an assessment of the agency's
65	65	administrative hearings process;
66	66	(8) an assessment of the agency's rulemaking process
67	67	and the extent to which the agency has encouraged participation by
68	68	the public in making its rules and decisions and the extent to which
69	69	the public participation has resulted in rules that benefit the
70	70	public;
71	71	(9) the extent to which the agency has complied with:
72	72	(A) federal and state laws and applicable rules
73	73	regarding equality of employment opportunity and the rights and
74	74	privacy of individuals; and
75	75	(B) state law and applicable rules of any state
76	76	agency regarding purchasing guidelines and programs for
77	77	historically underutilized businesses;
78	78	(10) the extent to which the agency issues and
79	79	enforces rules relating to potential conflicts of interest of its
80	80	employees;
81	81	(11) the extent to which the agency complies with
82	82	Chapters 551 and 552 and follows records management practices that
83	83	enable the agency to respond efficiently to requests for public
84	84	information; [and]
85	85	(12) the effect of federal intervention or loss of
86	86	federal funds if the agency is abolished; and
87	87	(13) the extent to which the purpose and effectiveness
88	88	of reporting requirements imposed on the agency justifies the
89	89	continuation of the requirement.
90	90	SECTION 4. Subsection (a), Section 325.012, Government
91	91	Code, is amended to read as follows:
92	92	(a) In its report on a state agency, the commission shall:
93	93	(1) make recommendations on the abolition,
94	94	continuation, or reorganization of each affected state agency and
95	95	its advisory committees and on the need for the performance of the
96	96	functions of the agency and its advisory committees;
97	97	(2) make recommendations on the consolidation,
98	98	transfer, or reorganization of programs within state agencies not
99	99	under review when the programs duplicate functions performed in
100	100	agencies under review; [and]
101	101	(3) make recommendations to improve the operations of
102	102	the agency, its policy body, and its advisory committees, including
103	103	management recommendations that do not require a change in the
104	104	agency's enabling statute; and
105	105	(4) make recommendations on the continuation or
106	106	abolition of each reporting requirement imposed on the agency by
107	107	law.
108	108	SECTION 5. Subsections (c) and (d), Section 2052.0021,
109	109	Government Code, are amended to read as follows:
110	110	(c) A state agency shall make each report required by law
111	111	available to members of the legislature only in an electronic
112	112	format determined by the Texas Legislative Council. [The agency
113	113	shall promptly send a suitable printed copy of the report to a
114	114	member of the legislature at the request of the member.]
115	115	(d) At the time a report required by law is ready for
116	116	distribution outside the state agency, the agency shall send
117	117	[written] notice to each member of the legislature that the report
118	118	is available. The agency shall send the notice [by mail or, if it is
119	119	acceptable to the member,] electronically. The notice must briefly
120	120	describe the subject matter of the report and state[:
121	121	[(1)] the manner in which the member may obtain the
122	122	report electronically[; and
123	123	[(2) that the agency will send a printed copy of the
124	124	report to the member at the request of the member].
125	125	SECTION 6. Subsection (e), Section 2052.0021, Government
126	126	Code, is repealed.
127	127	SECTION 7. This Act takes effect September 1, 2011.