83R31307 MCK-D
By: Nichols S.R. No. 1089
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 83rd
Legislature, Regular Session, 2013, 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 House
Bill 1675 (the sunset review process and certain governmental
entities subject to that process) to consider and take action on the
following matter:
(1) 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 to SECTION 1.03
of the bill:
(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.
Explanation: This addition is necessary to ensure that the
sunset review date for the Texas Facilities Commission in the bill
controls over any other bill amending that date.
(2) 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 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 2.04. 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 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.
Explanation: This addition is necessary to change the sunset
review date for various state agencies, to subject the board of
trustees of the Employees Retirement System of Texas to sunset
review, and to address the scope of the review of state agencies
that were reviewed by the Sunset Advisory Commission in preparation
for the work of the 83rd Legislature in Regular Session.