By: Seliger, Nelson S.B. No. 1618
(Craddick)
A BILL TO BE ENTITLED
AN ACT
relating to reporting requirements of state agencies and school
districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.060, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) Notwithstanding any other law, a school district shall
submit only in electronic format all reports required to be
submitted to the agency under this code. The agency shall prescribe
the electronic format to be used by a school district submitting a
report to the agency.
SECTION 2. Section 325.007, Government Code, is amended to
read as follows:
Sec. 325.007. AGENCY REPORT TO COMMISSION. (a) 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
report to the commission:
(1) information regarding the application to the
agency of the criteria in Section 325.011; and
(2) any other information that the agency considers
appropriate or that is requested by the commission.
(b) The reports under Subsection (a) must be submitted in
electronic format only. The commission shall prescribe the
electronic format to be used.
SECTION 3. Section 325.011, Government Code, is amended to
read as follows:
Sec. 325.011. CRITERIA FOR REVIEW. The commission and its
staff shall consider the following criteria in determining whether
a public need exists for the continuation of a state agency or its
advisory committees or for the performance of the functions of the
agency or its advisory committees:
(1) the efficiency and effectiveness with which the
agency or the advisory committee operates;
(2)(A) an identification of the mission, goals, and
objectives intended for the agency or advisory committee and of the
problem or need that the agency or advisory committee was intended
to address; and
(B) the extent to which the mission, goals, and
objectives have been achieved and the problem or need has been
addressed;
(3)(A) an identification of any activities of the
agency in addition to those granted by statute and of the authority
for those activities; and
(B) the extent to which those activities are
needed;
(4) an assessment of authority of the agency relating
to fees, inspections, enforcement, and penalties;
(5) whether less restrictive or alternative methods of
performing any function that the agency performs could adequately
protect or provide service to the public;
(6) the extent to which the jurisdiction of the agency
and the programs administered by the agency overlap or duplicate
those of other agencies, the extent to which the agency coordinates
with those agencies, and the extent to which the programs
administered by the agency can be consolidated with the programs of
other state agencies;
(7) the promptness and effectiveness with which the
agency addresses complaints concerning entities or other persons
affected by the agency, including an assessment of the agency's
administrative hearings process;
(8) an assessment of the agency's rulemaking process
and the extent to which the agency has encouraged participation by
the public in making its rules and decisions and the extent to which
the public participation has resulted in rules that benefit the
public;
(9) the extent to which the agency has complied with:
(A) federal and state laws and applicable rules
regarding equality of employment opportunity and the rights and
privacy of individuals; and
(B) state law and applicable rules of any state
agency regarding purchasing guidelines and programs for
historically underutilized businesses;
(10) the extent to which the agency issues and
enforces rules relating to potential conflicts of interest of its
employees;
(11) the extent to which the agency complies with
Chapters 551 and 552 and follows records management practices that
enable the agency to respond efficiently to requests for public
information; [and]
(12) the effect of federal intervention or loss of
federal funds if the agency is abolished; and
(13) the extent to which the purpose and effectiveness
of reporting requirements imposed on the agency justifies the
continuation of the requirement.
SECTION 4. Subsection (a), Section 325.012, Government
Code, is amended to read as follows:
(a) In its report on a state agency, the commission shall:
(1) make recommendations on the abolition,
continuation, or reorganization of each affected state agency and
its advisory committees and on the need for the performance of the
functions of the agency and its advisory committees;
(2) make recommendations on the consolidation,
transfer, or reorganization of programs within state agencies not
under review when the programs duplicate functions performed in
agencies under review; [and]
(3) make recommendations to improve the operations of
the agency, its policy body, and its advisory committees, including
management recommendations that do not require a change in the
agency's enabling statute; and
(4) make recommendations on the continuation or
abolition of each reporting requirement imposed on the agency by
law.
SECTION 5. Subsections (c) and (d), Section 2052.0021,
Government Code, are amended to read as follows:
(c) A state agency shall make each report required by law
available to members of the legislature only in an electronic
format determined by the Texas Legislative Council. [The agency
shall promptly send a suitable printed copy of the report to a
member of the legislature at the request of the member.]
(d) At the time a report required by law is ready for
distribution outside the state agency, the agency shall send
[written] notice to each member of the legislature that the report
is available. The agency shall send the notice [by mail or, if it is
acceptable to the member,] electronically. The notice must briefly
describe the subject matter of the report and state[:
[(1)] the manner in which the member may obtain the
report electronically[; and
[(2) that the agency will send a printed copy of the
report to the member at the request of the member].
SECTION 6. Subsection (e), Section 2052.0021, Government
Code, is repealed.
SECTION 7. This Act takes effect September 1, 2011.