By: Bonnen of Brazoria (Senate Sponsor - Nichols) H.B. No. 1675
(In the Senate - Received from the House April 29, 2013;
May 10, 2013, read first time and referred to Committee on
Transportation; May 17, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 17, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1675 By: Nichols
A BILL TO BE ENTITLED
AN ACT
relating to the sunset review process and certain governmental
entities subject to that process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ENTITIES GIVEN 2017 SUNSET DATE
SECTION 1.01. TEXAS DEPARTMENT OF TRANSPORTATION. Section
201.204, Transportation Code, is amended to read as follows:
Sec. 201.204. SUNSET PROVISION. The Texas Department of
Transportation is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the department is abolished September 1, 2017 [2015].
SECTION 1.02. SULPHUR RIVER BASIN AUTHORITY. Chapter 3,
Acts of the 69th Legislature, 1st Called Session, 1985, is amended
by adding Section 1A to read as follows:
Sec. 1A. APPLICATION OF SUNSET ACT. (a) The authority is
subject to review under Chapter 325, Government Code (Texas Sunset
Act), as if it were a state agency. Unless the authority is
continued in existence, the authority is abolished and this Act
expires September 1, 2017.
(b) The review must assess the authority's governance,
management, and operating structure and the authority's compliance
with legislative requirements.
(c) The authority shall pay the costs incurred by the Sunset
Advisory Commission in performing a review of the authority under
this section. The Sunset Advisory Commission shall determine the
costs, and the authority shall pay the amount promptly on receipt of
a statement from the Sunset Advisory Commission detailing the
costs.
(d) If the authority is abolished, the procedures under
Chapter 325, Government Code (Texas Sunset Act), relating to
winding up the affairs of a state agency after its abolishment apply
to the authority.
ARTICLE 2. ENTITIES GIVEN 2019 SUNSET DATE
SECTION 2.01. REGIONAL EDUCATION SERVICE CENTERS. Section
8.010, Education Code, is amended 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,
2019 [2015].
SECTION 2.02. FINANCE COMMISSION OF TEXAS. Section 11.108,
Finance Code, is amended to read as follows:
Sec. 11.108. SUNSET PROVISION. The finance commission 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, 2019 [2015].
SECTION 2.03. OFFICE OF BANKING COMMISSIONER. Section
12.109, Finance Code, is amended to read as follows:
Sec. 12.109. SUNSET PROVISION. The office of banking
commissioner is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the office is abolished September 1, 2019 [2015].
SECTION 2.04. OFFICE OF SAVINGS AND MORTGAGE LENDING
COMMISSIONER AND DEPARTMENT OF SAVINGS AND MORTGAGE LENDING.
Section 13.012, Finance Code, is amended to read as follows:
Sec. 13.012. SUNSET PROVISION. The office of savings and
mortgage lending commissioner and the Department of Savings and
Mortgage Lending are subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the office and department are abolished September 1, 2019
[2015].
SECTION 2.05. OFFICE OF CONSUMER CREDIT COMMISSIONER.
Section 14.066, Finance Code, is amended to read as follows:
Sec. 14.066. SUNSET PROVISION. The office is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the office is abolished
September 1, 2019 [2015].
SECTION 2.06. TEXAS WINDSTORM INSURANCE ASSOCIATION.
Section 2210.002(b), Insurance Code, is amended to read as follows:
(b) The association is subject to review under Chapter 325,
Government Code (Texas Sunset Act), but is not abolished under that
chapter. The association shall be reviewed during the period in
which state agencies abolished in 2019 [2015] are reviewed. The
association shall pay the costs incurred by the Sunset Advisory
Commission in performing the review of the association under this
subsection. The Sunset Advisory Commission shall determine the
costs of the review performed under this subsection, and the
association shall pay the amount of those costs promptly on receipt
of a statement from the Sunset Advisory Commission regarding those
costs. This subsection expires September 1, 2019 [2015].
SECTION 2.07. STATE SECURITIES BOARD. Subsection O,
Section 2, The Securities Act (Article 581-2, Vernon's Texas Civil
Statutes), is amended to read as follows:
O. The State Securities Board is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the board is abolished and this Act
expires September 1, 2019 [2015].
SECTION 2.08. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY.
Section 901.006, Occupations Code, is amended to read as follows:
Sec. 901.006. APPLICATION OF SUNSET ACT. The Texas State
Board of Public Accountancy is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the board is abolished and this chapter expires
September 1, 2019 [2015].
ARTICLE 3. ENTITIES GIVEN 2021 SUNSET DATE
SECTION 3.01. TEXAS INVASIVE SPECIES COORDINATING
COMMITTEE. Section 776.007(a), Government Code, is amended to read
as follows:
(a) The committee is subject to Chapter 325 (Texas Sunset
Act). [The committee shall be reviewed during the periods in which
the State Soil and Water Conservation Board is reviewed.] Unless
continued in existence as provided by that chapter, the committee
is abolished and this chapter expires September 1, 2021 [on the date
on which that agency is subject to abolishment].
SECTION 3.02. DIVISION OF WORKERS' COMPENSATION OF TEXAS
DEPARTMENT OF INSURANCE. Section 31.004(b), Insurance Code, is
amended to read as follows:
(b) Unless continued as provided by Chapter 325, Government
Code, the duties of the division of workers' compensation of the
Texas Department of Insurance under Title 5, Labor Code, expire
September 1, 2021 [2017], or another date designated by the
legislature.
SECTION 3.03. OFFICE OF INJURED EMPLOYEE COUNSEL. Section
404.003, Labor Code, is amended to read as follows:
Sec. 404.003. SUNSET PROVISION. The office of injured
employee 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, 2021 [2017].
ARTICLE 4. ENTITIES REMOVED FROM SPECIFIC SUNSET REVIEW
SECTION 4.01. EARLY CHILDHOOD HEALTH AND NUTRITION
INTERAGENCY COUNCIL. Section 116.002, Health and Safety Code, is
amended to read as follows:
Sec. 116.002. REVIEW BY [APPLICATION OF] SUNSET ADVISORY
COMMISSION [ACT]. The Sunset Advisory Commission shall review the
[The] Early Childhood Health and Nutrition Interagency Council as
part of its periodic review of the Department of Agriculture under
[is subject to] Chapter 325, Government Code (Texas Sunset Act).
[Unless continued in existence as provided by that chapter, the
council is abolished and this chapter expires September 1, 2019.]
ARTICLE 5. SUNSET REVIEW PROCESS
SECTION 5.01. Chapter 325, Government Code, is amended by
adding Section 325.0127 to read as follows:
Sec. 325.0127. COST OF REVIEW. (a) In this section,
"self-directed semi-independent agency" means a state agency that
has status as a self-directed semi-independent agency under the
Self-Directed Semi-Independent Agency Project Act (Article 8930,
Revised Statutes), Chapter 16, Finance Code, Chapter 1105,
Occupations Code, or any other law. The term does not include the
Texas Department of Insurance's actuarial division and financial
examinations division as those terms are defined by Section
401.251, Insurance Code.
(b) A self-directed semi-independent agency shall pay the
costs incurred by the commission in performing a review of the
agency under this chapter. The commission shall determine the
costs of the review, and the agency shall pay the amount of those
costs promptly on receipt of a statement from the commission
regarding those costs.
SECTION 5.02. Section 325.019, Government Code, is amended
by amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) In carrying out its functions under this chapter, the
commission or its designated staff member may attend any meetings
and proceedings of any state agency, including any meeting or
proceeding of the governing body of the agency that is closed to the
public, and may inspect the records, documents, and files of any
state agency, including any record, document, or file that is:
(1) attorney work product;
(2) an attorney-client communication; or
(3) made privileged or confidential by law.
(c) It is the intent of the legislature to allow the
commission and its designated staff members to have access to all
meetings or proceedings of a state agency being reviewed by the
commission under this chapter and to all records, documents, and
files of that agency. To the extent that this section conflicts
with other law that purports to limit the commission's access to
meetings or proceedings or to records, documents, and files, this
section controls. If federal law prohibits a state agency from
disclosing information in a record, document, or file to the
commission, including information in a record, document, or file
created as a result of or considered during a meeting or proceeding,
the state agency may redact the protected information from the
record, document, or file.
SECTION 5.03. Section 325.0195, Government Code, is amended
by adding Subsection (c) to read as follows:
(c) A state agency that provides the commission with a
record, document, or file under Section 325.019 for purposes of a
review under this chapter does not violate the attorney-client
privilege, or any other privilege or confidentiality requirement
protected or required by the Texas Constitution, common law,
statutory law, or rules of evidence, procedure, or professional
conduct, with respect to the record, document, or file provided to
the commission.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. EFFECTIVE DATE. 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, 2013.
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