83R1559 CJC-D
By: Nelson S.B. No. 59
A BILL TO BE ENTITLED
AN ACT
relating to certain required reports and other documents prepared
by state agencies and institutions of higher education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 15.006, Agriculture Code, is amended to
read as follows:
Sec. 15.006. BIENNIAL [ANNUAL] REPORT. The department and
the Texas Department of Health shall jointly prepare a biennial [an
annual] report concerning the special nutrition program and submit
a copy of the report to the governor, lieutenant governor, and
speaker of the house of representatives. The report must include
information on the condition of the program, persons served, amount
of food coupons redeemed, and funds received and expended.
SECTION 2. Section 201.028, Agriculture Code, is amended to
read as follows:
Sec. 201.028. ANNUAL [SEMIANNUAL] REPORT. Not later than
January 1 [and July 1] of each year, the state board shall prepare
and deliver to the governor, the lieutenant governor, and the
speaker of the house of representatives a report relating to the
status of the budget areas of responsibility assigned to the board,
including outreach programs, grants made and received, federal
funding applied for and received, special projects, and oversight
of water conservation district activities.
SECTION 3. Article 60.02(j), Code of Criminal Procedure, is
amended to read as follows:
(j) At least once during each five-year period the council
shall coordinate an examination of the records and operations of
the criminal justice information system to ensure the accuracy and
completeness of information in the system and to ensure the
promptness of information reporting. The state auditor, or other
appropriate entity selected by the council, shall conduct the
examination with the cooperation of the council, the Department of
Public Safety, and the Texas Department of Criminal Justice. The
Department of Public Safety, the council, and the Texas Department
of Criminal Justice may examine the records of the agencies
required to report information to the Department of Public Safety
or the Texas Department of Criminal Justice. The examining entity
shall submit to the legislature and the council a report that
summarizes the findings of each examination and contains
recommendations for improving the system. Not later than the first
anniversary after the date the examining entity submits its report,
the Department of Public Safety shall report to the Legislative
Budget Board, the governor, [the state auditor,] and the council on
the department's progress in implementing the examining entity's
recommendations, including for each recommendation not implemented
the reason for not implementing the recommendation. The Department
of Public Safety shall submit a similar report each year following
the submission of the first report until each of the examining
entity's recommendations is implemented.
SECTION 4. Section 32.157(a), Education Code, is amended to
read as follows:
(a) After the expiration of the project, the agency may
review the project based on the annual reports the agency receives
from the board of trustees of participating school districts. The
agency may include the review of the project in the comprehensive
biennial [annual] report required under Section 39.332 that covers
the 2012-2013 school year.
SECTION 5. Section 39.027(e), Education Code, is amended to
read as follows:
(e) The commissioner shall develop an assessment system
that shall be used for evaluating the academic progress, including
reading proficiency in English, of all students of limited English
proficiency, as defined by Section 29.052. A student who is exempt
from the administration of an assessment instrument under
Subsection (a)(1) or (2) who achieves reading proficiency in
English as determined by the assessment system developed under this
subsection shall be administered the assessment instruments
described by Sections 39.023(a) and (c). The performance under the
assessment system developed under this subsection of students to
whom Subsection (a)(1) or (2) applies shall be included in the
indicator systems under Section 39.301, as applicable, the
performance report under Section 39.306, and the comprehensive
biennial [annual] report under Section 39.332. This information
shall be provided in a manner that is disaggregated by the bilingual
education or special language program, if any, in which the student
is enrolled.
SECTION 6. The heading to Section 39.332, Education Code,
is amended to read as follows:
Sec. 39.332. COMPREHENSIVE BIENNIAL [ANNUAL] REPORT.
SECTION 7. Section 39.332(a), Education Code, is amended to
read as follows:
(a) Not later than December 1 of each even-numbered year,
the agency shall prepare and deliver to the governor, the
lieutenant governor, the speaker of the house of representatives,
each member of the legislature, the Legislative Budget Board, and
the clerks of the standing committees of the senate and house of
representatives with primary jurisdiction over the public school
system a comprehensive report covering the preceding school year
and containing the information described by Subsection (b).
SECTION 8. Section 54.633(j), Education Code, is amended to
read as follows:
(j) The board may contract with an independent certified
public accountant to annually audit the direct-support
organization under rules adopted by the board. The board shall
submit the audit to the comptroller, governor, lieutenant governor,
speaker of the house of representatives, Legislative Budget Board,
Legislative Audit Committee, [state auditor,] and Texas Higher
Education Coordinating Board. The comptroller [or state auditor]
may require the direct-support organization or independent
certified public accountant to provide additional information
relating to the operation of the organization.
SECTION 9. Section 324.008(d), Government Code, is amended
to read as follows:
(d) The governing body of a state agency, as defined by
Sections 2151.002(1) and (3) [2151.002(2)(A) and (C)], shall
deliver to the library and the Texas State Library and Archives
Commission immediately after transcription a certified copy of the
minutes of any meeting of the governing body. Any changes or
corrections to the minutes shall also be delivered to the library
and the Texas State Library and Archives Commission.
SECTION 10. Section 431.034(a), Government Code, is amended
to read as follows:
(a) The adjutant general annually shall report to the
governor. The report shall be delivered to the legislature. The
report must include:
(1) [a complete and detailed written statement
accounting for all funds received and disbursed by the department
during the preceding fiscal year that meets the reporting
requirements applicable to financial reporting provided in the
General Appropriations Act;
[(2)] an account, to the extent of the adjutant
general's knowledge, of all arms, ammunition, and other military
property owned by or in possession of the state, the source from
which it was received, to whom it is issued, and its present
condition;
(2) [(3)] a statement of the number, condition, and
organization of the Texas National Guard and reserve militia;
(3) [(4)] suggestions that the adjutant general
considers important to the military interests and conditions of the
state and the perfection of its military organization;
(4) [(5)] a list and description of all Texas National
Guard missions that are in progress at the time the report is
prepared; and
(5) [(6)] a statement of department plans to obtain
and maintain future Texas National Guard missions, including
proposed missions that are consistent with the United States
Department of Defense's war-fighting strategies, including
strategies used in the war on terrorism.
SECTION 11. Section 1231.086(b), Government Code, is
amended to read as follows:
(b) On November 15 of each year, the board shall send to the
lieutenant governor, the speaker of the house, and each member of
the legislature[, and the joint committee] a report of the
information received under this subchapter for the fiscal year
ending August 31 of that year.
SECTION 12. Section 2054.1015(d), Government Code, is
amended to read as follows:
(d) A state agency shall notify the department and[,] the
Legislative Budget Board[, and the state auditor's office] if the
agency makes a substantive change to a planned procurement schedule
for commodity items.
SECTION 13. Section 2165.055, Government Code, is amended
to read as follows:
Sec. 2165.055. REPORT ABOUT IMPROVEMENTS AND REPAIRS. Not
later than December 1 of each even-numbered year, the [The]
commission [biennially on December 1st] shall report to the
governor:
(1) all improvements and repairs that have been made,
with an itemized account of receipts and expenditures; and
(2) the condition of all property under its control,
with an estimate of needed improvements and repairs.
SECTION 14. Section 2306.559(a), Government Code, is
amended to read as follows:
(a) The corporation shall file an annual report of the
financial activity of the corporation with the department. The
corporation's board of directors shall submit the report to the
governor, lieutenant governor, speaker of the house of
representatives, and comptroller[, and Legislative Budget Board].
SECTION 15. Section 103.013, Health and Safety Code, is
amended by adding Subsection (g) to read as follows:
(g) The report required under Subsection (f) may be
electronically published on a state agency's Internet website. A
state agency that electronically publishes a report under this
subsection shall notify each agency entitled to receive a copy of
the report that the report is available on the agency's Internet
website on or before the date the report is due.
SECTION 16. Section 161.0211(b), Health and Safety Code, is
amended to read as follows:
(b) The department may conduct those investigations to
determine the nature and extent of the disease or environmental
exposure believed to be harmful to the public health. Any findings
or determinations from such investigations that relate to
environmental exposures believed to be harmful to the public shall
be reported in writing to the Texas [Natural Resource Conservation]
Commission on Environmental Quality, and the two agencies shall
coordinate corrective measures as appropriate. The department
shall use generally accepted methods of epidemiology or toxicology
in the conduct of an investigation.
SECTION 17. Section 114.008(a), Human Resources Code, is
amended to read as follows:
(a) The agencies represented on the council and the public
members shall report to the council any requirements identified by
the agency or person to provide additional or improved services to
persons with autism or other pervasive developmental
disorders. Not later than November 1 of each even-numbered year,
the council shall prepare and deliver to the executive commissioner
of the Health and Human Services Commission, the governor, the
lieutenant governor, and the speaker of the house of
representatives a report summarizing the recommendations.
SECTION 18. Section 32.021(a), Insurance Code, is amended
to read as follows:
(a) The department shall file annually with the governor and
the presiding officer of each house of the legislature a complete
and detailed written report that includes:
(1) [an accounting of all funds received and disbursed
by the department during the preceding fiscal year;
[(2)] a description of the commissioner's official
acts;
(2) [(3)] a description of the condition of companies
doing business in this state; and
(3) [(4)] other information that exhibits the affairs
of the department.
SECTION 19. The heading to Section 21.553, Labor Code, is
amended to read as follows:
Sec. 21.553. COOPERATION WITH COMPTROLLER AND UNIFORM
STATEWIDE ACCOUNTING SYSTEM; REPORT [TO LEGISLATURE].
SECTION 20. Section 21.553(b), Labor Code, is amended to
read as follows:
(b) The commission shall conduct an analysis of the
information reported to the commission under this subchapter and
report the results of that analysis to the legislature, the
Legislative Budget Board, and the governor not later than January 1
of each odd-numbered year [the fifth day of each regular session of
the legislature]. The report required under this subsection must
be written in plain language.
SECTION 21. Section 506.002(b), Labor Code, is amended to
read as follows:
(b) The workers' compensation division of the office of the
attorney general shall send to the comptroller [and the state
auditor] a copy of each statement of amounts due from an agency or
other instrumentality of state government that, with funds that are
held outside the state treasury, reimburses the general revenue
fund for workers' compensation payments made out of the general
revenue fund.
SECTION 22. The heading to Section 91.1135, Natural
Resources Code, is amended to read as follows:
Sec. 91.1135. OIL AND GAS REGULATION AND [OIL-FIELD]
CLEANUP FUND ADVISORY COMMITTEE.
SECTION 23. Sections 91.1135(a), (d), (e), (f), and (g),
Natural Resources Code, are amended to read as follows:
(a) In this section, "committee" means the Oil and Gas
Regulation and [Oil-Field] Cleanup Fund Advisory Committee.
(d) The committee shall:
(1) meet at least quarterly with the commission;
(2) receive information about rules proposed by the
commission relating to the oil and gas regulation and [oil-field]
cleanup fund;
(3) review recommendations for legislation proposed
by the commission; and
(4) monitor the effectiveness of the oil and gas
regulation and [oil-field] cleanup fund.
(e) The commission shall provide quarterly reports to the
committee and the Legislative Budget Board that include:
(1) the following information with respect to the
period since the last report was provided as well as cumulatively:
(A) the amount of money deposited in the oil and
gas regulation and [oil-field] cleanup fund;
(B) the amount of money spent from the fund;
(C) the balance of the fund;
(D) the number of wells plugged with money from
the fund;
(E) the number of sites remediated with money
from the fund; and
(F) the number of wells abandoned; and
(2) any additional information or data requested in
writing by the committee.
(f) The committee may:
(1) submit to the commission comments of the committee
regarding proposed rules relating to the oil and gas regulation and
[oil-field] cleanup fund; and
(2) request reports and other information from the
commission as necessary to implement this section.
(g) Not later than November 15 of each even-numbered year,
the committee shall report to the governor, lieutenant governor,
and speaker of the house of representatives on the committee's
activities. The report must include:
(1) an analysis of any problems with the
administration of the oil and gas regulation and [oil-field]
cleanup fund; and
(2) recommendations for any legislation needed to
address any problems identified with the administration of the fund
or otherwise needed to further the purposes of the fund.
SECTION 24. Section 141.079, Natural Resources Code, is
amended to read as follows:
Sec. 141.079. REPORT TO LEGISLATURE. Not later than
January 1 of each odd-numbered year [During the first 30 days of
each regular session of the legislature], the commissioner shall
report to the legislature on the status of the exploration,
development, and production of geothermal energy and associated
resources under the land governed by this subchapter.
SECTION 25. Section 651.162, Occupations Code, is amended
to read as follows:
Sec. 651.162. BIENNIAL REPORT [ANNUAL REPORTS].
[(b)] The commission shall file biennially [annually] with
the governor a written description of the activities of the
commission during the preceding fiscal year.
SECTION 26. Section 456.008(a), Transportation Code, is
amended to read as follows:
(a) Not later than January 1 of each year, the [The]
commission by rule shall prepare and issue to the legislature a
report on [the performance of] public transportation providers in
this state that received state or federal funding during the
previous 12-month period. A [The commission shall issue a] report
under this section must:
(1) detail the performance of the transportation
providers during the preceding state fiscal year; and
(2) include, as to each transportation provider,
monthly data on industry utilized standards that best reflect
ridership, mileage, revenue by source, and service effectiveness
[at least once each state fiscal year].
SECTION 27. Section 12.203, Utilities Code, is amended to
read as follows:
Sec. 12.203. BIENNIAL [ANNUAL] REPORT. Not later than
December 1 of each [(a) The commission shall prepare annually a
complete and detailed written report accounting for all funds
received and disbursed by the commission during the preceding
fiscal year. The annual report must meet the reporting
requirements applicable to financial reporting in the General
Appropriations Act.
[(b) In the annual report issued in the] year preceding the
convening of each regular session of the legislature, the
commission shall prepare a written report that includes [make]
suggestions regarding modification and improvement of the
commission's statutory authority and for the improvement of utility
regulation in general that the commission considers appropriate for
protecting and furthering the interest of the public.
SECTION 28. Section 1(c), Chapter 413 (H.B. 1966), Acts of
the 81st Legislature, Regular Session, 2009, is amended to read as
follows:
(c) Not later than December 1 of each year [, 2009], the
Health and Human Services Commission shall submit an annual
[initial] report to the governor and the Legislative Budget Board
regarding [detailing] the e-prescribing implementation plan
developed under this section. The report must include the
projected expenditures and cost savings anticipated for the plan
during the state fiscal year and the total expenditures associated
with and cost savings realized from the plan to date. This
subsection expires January 1, 2015.
SECTION 29. The following provisions are repealed:
(1) Section 22.004(e), Education Code;
(2) Section 61.0761(d), Education Code;
(3) Section 74.004(d), Education Code;
(4) Section 825.518, Government Code;
(5) Section 2306.560(d), Government Code;
(6) Section 221.012(b), Human Resources Code;
(7) Section 1575.170(c), Insurance Code;
(8) Section 205.019(b), Labor Code;
(9) Section 6.156(b), Water Code;
(10) Section 46, Chapter 1130 (H.B. 2086), Acts of the
81st Legislature, Regular Session, 2009; and
(11) Section 1(d), Chapter 413 (H.B. 1966), Acts of
the 81st Legislature, Regular Session, 2009.
SECTION 30. This Act takes effect September 1, 2013.