By: Hegar S.R. No. 1240
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 82nd
Legislature, Regular Session, 2011, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 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:
Senate Rule 12.03(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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 28, 2011, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate