By: Harper-Brown H.B. No. 3394
A BILL TO BE ENTITLED
AN ACT
relating to the Sunset Advisory Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 325, Government Code, is
amended to read as follows:
CHAPTER 325. SUNSET AND MODERNIZATION LAW
SECTION 2. Section 325.001, Government Code, is amended to
read as follows:
Sec. 325.001. SHORT TITLE. This chapter may be cited as the
Texas Sunset and Modernization Act.
SECTION 3. Chapter 325, Government Code, is amended by
adding Section 325.0011 to read as follows:
Sec. 325.0011. PURPOSE. The purpose of the Sunset Advisory
and Modernization Commission is to review and redesign state
agencies in an effort to streamline an agency's services,
processes, and procedures and to evaluate the justification for the
agency's existence. The commission's primary objective is to create
a more efficient government that ensures the highest-quality
services to citizens of the state at the lowest possible cost.
SECTION 4. Section 325.002(3), Government Code, is amended
to read as follows:
(3) "Commission" means the Sunset Advisory and
Modernization Commission.
SECTION 5. Chapter 325, Government Code, is amended by
adding Section 325.0021 to read as follows:
Sec. 325.0021. REFERENCE IN STATE LAW. A reference in state
law to the Sunset Advisory Commission means the Sunset Advisory and
Modernization Commission.
SECTION 6. The heading to Section 325.003, Government Code,
is amended to read as follows:
Sec. 325.003. SUNSET ADVISORY AND MODERNIZATION
COMMISSION.
SECTION 7. Section 325.003, Government Code, is amended by
amending Subsections (a), (d), and (i) and adding Subsection (a-1)
to read as follows:
(a) The Sunset Advisory and Modernization Commission
consists of six public members appointed by the governor, two
[five] members of the senate and one public member appointed by the
lieutenant governor, and two [five] members of the house of
representatives and one public member appointed by the speaker of
the house. The lieutenant governor and the speaker of the house may
serve as one of the legislative appointees.
(a-1) The public members appointed by the governor must have
the following experience or qualifications:
(1) technology experience; or
(2) auditing experience; or
(3) management consulting experience; or
(4) experience in the administration of incentive
programs and other related programs used in the private sector; or
(5) experience as an innovation executive.
(d) Legislative members serve four-year terms, with terms
staggered so that the term [terms] of one [as near to one half] of
the legislative members appointed by the lieutenant governor [as
possible] and the term [terms] of one [as near to one half] of the
legislative members appointed by the speaker [as possible] expire
September 1 of each odd-numbered year. If the lieutenant governor
or the speaker serves on the commission, service continues until
resignation from the commission or until the individual ceases to
hold the office. Public members serve two-year terms expiring
September 1 of each odd-numbered year.
(i) The commission shall have a chairman and vice-chairman
as presiding officers. The chairmanship and vice-chairmanship must
alternate every two years between the two membership groups
appointed by the lieutenant governor and the speaker. The chairman
and vice-chairman may not be from the same membership group. The
lieutenant governor shall designate a presiding officer chairman
from his appointed membership group and the speaker shall designate
the other presiding officer a chairman from his appointed
membership group. The vice-chairman shall be selected by the
commission from among the public members.
SECTION 8. Section 325.0011, Government Code, is amended by
amending Subsections (6) and adding Subsection (14) to read as
follows:
(6) the extent to which the jurisdiction of the agency and
the programs and facilities 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 and facilities administered by the agency can be
consolidated with the programs and facilities of other state
agencies;
(14) an assessment of the effective use of all facilities
operated by an agency, including their total number, cost of
operation, location, and intended purpose.
SECTION 9. Sec. 325.012(2), Government Code, is amended to
read as follows:
(2) make recommendations on the consolidation, transfer, or
reorganization of programs and facilities within state agencies not
under review when the programs and facilities duplicate functions
performed in agencies under review;
SECTION 10. Chapter 325, Government Code, is amended by
adding Section 325.0105 to read as follows:
Sec. 325.0105. GOALS FOR STATE AGENCY REVIEW. (a) The
commission shall use performance audits and cost-benefit analyses
when reviewing a state agency.
(b) The commission shall promote the use of innovation to
improve the operation of state agencies through:
(1) the dissemination to state employees and officers
of innovative solutions developed in the public or private sector
that can be applied to state government;
(2) the consultation of innovation experts with state
officers and agency heads to provide assistance on efficiency
problems in state government, where appropriate; and
(3) accepting innovation recommendations from state
employees and sharing those recommendations with other agencies, as
appropriate.
(c) In order to increase the efficiency of each state agency
the commission reviews, the commission shall consider whether:
(1) enhanced technology or improved work practices
could improve the operation of the state agency;
(2) any functions of the agency could be provided by
private entities for a lower cost;
(3) the state agency could make better use of its
employees;
(4) any services offered by the state agency could be
reduced or eliminated;
(5) the state agency's facilities could be combined
with another agency's; and
(6) any other innovative solutions could improve the
operation of the state agency.
SECTION 11. (a) All terms of the current members of the
Sunset Advisory Commission expire on the effective date of this
Act. On that date, or as soon as possible after that date, the
governor, the lieutenant governor, and the speaker of the house of
representatives shall appoint the public members of the Sunset
Advisory and Modernization Commission, and the lieutenant governor
and the speaker of the house of representatives shall each appoint
one legislative member of the commission for a term expiring
September 1, 2015, and one legislative member of the commission for
a term expiring September 1, 2017.
(b) Subject to the restrictions for membership on the Sunset
Advisory and Modernization Commission in Chapter 325, Government
Code, as amended by this Act, a member of the Sunset Advisory
Commission serving immediately before the effective date of this
Act is eligible for reappointment to the Sunset Advisory and
Modernization Commission.
SECTION 12. This Act takes effect September 1, 2013.