H.B. No. 1675
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 2015 SUNSET DATE AND CERTAIN OTHER
REVIEWS
SECTION 1.01. TEXAS EDUCATION AGENCY. (a) Section 7.004,
Education Code, is amended to read as follows:
Sec. 7.004. SUNSET PROVISION. The Texas Education Agency
is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the agency is abolished September 1, 2015 [2013].
(b) The Sunset Advisory Commission shall limit its review of
the Texas Education Agency in preparation for the work of the 84th
Legislature in Regular Session to the appropriateness of
recommendations made by the commission to the 83rd Legislature. In
the commission's report to the 84th Legislature, the commission may
include any recommendations it considers appropriate. This
subsection expires September 1, 2015.
(c) This section takes effect only if the 83rd Legislature,
Regular Session, 2013, does not enact other legislation that
becomes law and that amends Section 7.004, Education Code, to
extend the sunset date of the Texas Education Agency. If the 83rd
Legislature, Regular Session, 2013, enacts legislation of that
kind, this section has no effect.
SECTION 1.02. REVIEW OF CONTRACTING PROCEDURES OF TEXAS
EDUCATION AGENCY. Subchapter B, Chapter 39, Education Code, is
amended by adding Section 39.038 to read as follows:
Sec. 39.038. SUNSET REVIEW OF CONTRACTING PROCEDURES FOR
ASSESSMENT INSTRUMENTS. The Sunset Advisory Commission shall
evaluate the contracting procedures used by the agency to enter
into a contract with a provider to develop or administer assessment
instruments required by Section 39.023 and present to the 84th
Legislature a report on its evaluation and recommendations in
relation to the contracting procedures. This section expires
September 1, 2015.
SECTION 1.03. TEXAS FACILITIES COMMISSION. (a) Section
2152.002, Government Code, is amended to read as follows:
Sec. 2152.002. SUNSET PROVISION. The Texas Facilities
[Building and Procurement] Commission is subject to Chapter 325
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the commission is abolished and this subtitle, except
for Chapter 2170 and Section 2157.121, expires September 1, 2015
[2013].
(b) The Sunset Advisory Commission shall limit its review of
the Texas Facilities Commission in preparation for the work of the
84th Legislature in Regular Session to the appropriateness of
recommendations made by the commission to the 83rd Legislature. In
the commission's report to the 84th Legislature, the commission may
include any recommendations it considers appropriate. This
subsection expires September 1, 2015.
(c) If a conflict exists between this Act and another Act of
the 83rd Legislature, Regular Session, 2013, that amends Section
2152.002, Government Code, to extend the sunset date of the Texas
Facilities Commission, this Act controls without regard to the
relative dates of enactment.
SECTION 1.04. UNIVERSITY INTERSCHOLASTIC LEAGUE. Section
33.083, Education Code, is amended by adding Subsection (e) to read
as follows:
(e) The University Interscholastic League is subject to
review under Chapter 325, Government Code (Texas Sunset Act), but
is not abolished under that chapter. The University
Interscholastic League shall be reviewed during the period in which
state agencies abolished in 2015 are reviewed. The University
Interscholastic League shall pay the costs incurred by the Sunset
Advisory Commission in performing the review under this subsection.
The Sunset Advisory Commission shall determine the costs of the
review performed under this subsection, and the University
Interscholastic League 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, 2015.
SECTION 1.05. STUDY CONCERNING SELF-DIRECTED
SEMI-INDEPENDENT STATUS OF STATE AGENCIES. (a) In this section,
"commission" means the Sunset Advisory Commission.
(b) The commission shall conduct a study concerning the
self-directed semi-independent status of state agencies.
(c) The study must address:
(1) criteria and a process to be used in determining
whether a state agency should be given self-directed
semi-independent status;
(2) criteria and a process to be used in determining
whether the self-directed semi-independent status of a state agency
should be revoked;
(3) measures to ensure adequate state oversight of
state agencies with self-directed semi-independent status;
(4) reporting requirements for state agencies with
self-directed semi-independent status;
(5) procedures for a state agency with self-directed
semi-independent status to contract with and to pay for services
received from another state agency;
(6) procedures for reviewing a state agency's
self-directed semi-independent status as part of the agency's
sunset review;
(7) appropriations issues related to a state agency's
transition to self-directed semi-independent status;
(8) appropriations issues related to a state agency's
transition from self-directed semi-independent status to regular
state agency status; and
(9) criteria to review complaint procedures and the
disposition of complaints by a state agency with self-directed
semi-independent status.
(d) In conducting the study, the commission shall consult
with the Legislative Budget Board.
(e) At the commission's request, a state agency shall
provide information and assistance to the commission in conducting
the study under this section.
(f) Not later than December 31, 2014, the commission shall
submit a report on the commission's findings and recommendations
to:
(1) the governor;
(2) the lieutenant governor; and
(3) each member of the legislature.
(g) This section expires September 1, 2015.
ARTICLE 2. ENTITIES GIVEN 2017 SUNSET DATE
SECTION 2.01. 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 2.02. EMPLOYEES RETIREMENT SYSTEM OF TEXAS.
Subchapter A, Chapter 815, Government Code, is amended by adding
Section 815.005 to read as follows:
Sec. 815.005. SUNSET PROVISION. The board of trustees of
the Employees Retirement System of Texas is subject to review under
Chapter 325 (Texas Sunset Act), but is not abolished under that
chapter. The board shall be reviewed during the period in which
state agencies abolished in 2017, and every 12th year after that
year, are reviewed.
SECTION 2.03. 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.
SECTION 2.04. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
AFFAIRS. (a) Section 2306.022, Government Code, is amended to read
as follows:
Sec. 2306.022. APPLICATION OF SUNSET ACT. The Texas
Department of Housing and Community Affairs is subject to Chapter
325 (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the department is abolished and this chapter
expires September 1, 2017 [2013].
(b) The Sunset Advisory Commission shall limit its review of
the Texas Department of Housing and Community Affairs in
preparation for the work of the 85th Legislature in Regular Session
to the appropriateness of recommendations made by the commission to
the 83rd Legislature. In the commission's report to the 85th
Legislature, the commission may include any recommendations it
considers appropriate. This subsection expires September 1, 2017.
(c) This section takes effect only if the 83rd Legislature,
Regular Session, 2013, does not enact other legislation that
becomes law and that amends Section 2306.022, Government Code, to
extend the sunset date of the Texas Department of Housing and
Community Affairs. If the 83rd Legislature, Regular Session, 2013,
enacts legislation of that kind, this section has no effect.
SECTION 2.05. RAILROAD COMMISSION OF TEXAS. Section
81.01001, Natural Resources Code, is amended to read as follows:
Sec. 81.01001. SUNSET PROVISION. (a) 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, 2017 [2013].
(a-1) The review of the Railroad Commission of Texas by the
Sunset Advisory Commission in preparation for the work of the 85th
Legislature in Regular Session is not limited to the
appropriateness of recommendations made by the Sunset Advisory
Commission to the 83rd Legislature. In the Sunset Advisory
Commission's report to the 85th Legislature, the Sunset Advisory
Commission may include any recommendations it considers
appropriate. The review must include an examination of alternative
organizational structures for the Railroad Commission of Texas and
alternative methods for performing the commission's
responsibilities that would enable the efficient and effective
accomplishment of the commission's functions. The examination must
include an assessment of existing state agencies that would be able
to perform the commission's functions. The review must also
include an examination of methods to increase the public's role in
decisions of the Railroad Commission of Texas that relate to the
effect of the growth of resource extraction. The Sunset Advisory
Commission may contract for assistance in performing the review,
including assistance in evaluating, auditing, and forensic
auditing, as the Sunset Advisory Commission determines necessary.
This subsection expires September 1, 2017.
(b) The Railroad Commission of Texas shall pay the costs
incurred by the Sunset Advisory Commission in performing a review
of the commission under this section. The Sunset Advisory
Commission shall determine the costs, and the commission shall pay
the amount of those costs promptly on receipt of a statement from
the Sunset Advisory Commission detailing the costs.
ARTICLE 3. ENTITIES GIVEN 2019 SUNSET DATE
SECTION 3.01. 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 3.02. 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 3.03. 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 3.04. 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 3.05. 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 3.06. 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 3.07. 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 3.08. 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 4. ENTITIES GIVEN 2021 SUNSET DATE
SECTION 4.01. 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 4.02. 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 4.03. 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 5. ENTITIES GIVEN 2025 SUNSET DATE
SECTION 5.01. STATE EMPLOYEE CHARITABLE CAMPAIGN POLICY
COMMITTEE. (a) Section 659.140(i), Government Code, is amended to
read as follows:
(i) The state employee charitable campaign policy committee
is subject to the Texas Sunset Act. Unless continued in existence
as provided by that chapter, the committee is abolished and
[Government Code Chapter 659,] Subchapter I[,] and Sections
814.0095 and 814.0096 expire on September 1, 2025 [2013].
(b) This section takes effect only if the 83rd Legislature,
Regular Session, 2013, does not enact other legislation that
becomes law and that amends Section 659.140(i), Government Code, to
extend the sunset date of the state employee charitable campaign
policy committee. If the 83rd Legislature, Regular Session, 2013,
enacts legislation of that kind, this section has no effect.
ARTICLE 6. ENTITIES REMOVED FROM SPECIFIC SUNSET REVIEW
SECTION 6.01. 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 7. SUNSET REVIEW PROCESS
SECTION 7.01. 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 7.02. 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 7.03. Section 325.0195, Government Code, is amended
by adding Subsections (c), (d), and (e) to read as follows:
(c) A state agency that provides the commission with access
to a privileged or confidential communication, record, document, or
file under Section 325.019 for purposes of a review under this
chapter does not waive 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
communication, record, document, or file provided to the
commission. For purposes of this subsection, a communication
includes a discussion that occurs at a meeting or proceeding of the
state agency that is closed to the public.
(d) The state agency may require the commission or the
members of the commission's staff who view, handle, or are privy to
information, or who attend a meeting that is not accessible to the
public, to sign a confidentiality agreement that covers the
information and requires that:
(1) the information not be disclosed outside the
commission for purposes other than the purpose for which it was
received;
(2) the information be labeled as confidential;
(3) the information be kept securely; and
(4) the number of copies made of the information or the
notes taken from the information that implicate the confidential
nature of the information be controlled, with all copies or notes
that are not destroyed or returned to the governmental body
remaining confidential and subject to the confidentiality
agreement.
(e) A person who obtains access to confidential information
in connection with the performance of the commission's duties under
this chapter or another law commits an offense if the person
knowingly:
(1) uses the confidential information for a purpose
other than the purpose for which the information was received or for
a purpose unrelated to the law that permitted the person to obtain
access to the information, including solicitation of political
contributions or solicitation of clients;
(2) permits inspection of the confidential
information by a person who is not authorized to inspect the
information; or
(3) discloses the confidential information to a person
who is not authorized to receive the information.
ARTICLE 8. EFFECTIVE DATE
SECTION 8.01. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1675 was passed by the House on April
25, 2013, by the following vote: Yeas 130, Nays 6, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1675 on May 24, 2013, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1675 on May 26, 2013, by the following vote: Yeas 145,
Nays 0, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1675 was passed by the Senate, with
amendments, on May 21, 2013, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1675 on May 26, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor