Texas 2015 - 84th Regular

Texas House Bill HB2203 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R7379 MTB-D
2	2	By: Phillips H.B. No. 2203
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Joint Committee to Review the Sunset
8	8	Advisory Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 3, Government Code, is amended
11	11	by adding Chapter 327 to read as follows:
12	12	CHAPTER 327. JOINT COMMITTEE TO REVIEW THE SUNSET ADVISORY
13	13	COMMISSION
14	14	Sec. 327.001. DEFINITIONS. In this chapter:
15	15	(1) "Committee" means the Joint Committee to Review
16	16	the Sunset Advisory Commission.
17	17	(2) "Executive head of a state agency" means the
18	18	director, executive director, commissioner, administrator, chief
19	19	clerk, or other individual who is appointed by the governing body of
20	20	the state agency or by another state or local officer to act as the
21	21	chief executive or administrative officer of the agency and who is
22	22	not an appointed officer.
23	23	Sec. 327.002. JOINT COMMITTEE TO REVIEW THE SUNSET ADVISORY
24	24	COMMISSION. (a) The Joint Committee to Review the Sunset Advisory
25	25	Commission consists of:
26	26	(1) three members of the senate and one public member
27	27	appointed by the lieutenant governor;
28	28	(2) three members of the house of representatives and
29	29	one public member appointed by the speaker of the house; and
30	30	(3) two executive heads of state agencies and one
31	31	public member appointed by the governor.
32	32	(b) The lieutenant governor and the speaker of the house may
33	33	serve as one of the legislative appointees.
34	34	(c) A public member of the committee may not concurrently be
35	35	serving as a member of the Sunset Advisory Commission.
36	36	(d) Not more than one legislative member of the committee
37	37	from each house may concurrently be serving as a member of the
38	38	Sunset Advisory Commission.
39	39	(e) If a vacancy occurs, the appropriate appointing
40	40	authority shall appoint a person to serve for the remainder of the
41	41	unexpired term in the same manner as the original appointment.
42	42	(f) The lieutenant governor shall designate one of the
43	43	committee members appointed by the lieutenant governor to serve as
44	44	joint chair of the committee. The speaker of the house of
45	45	representatives shall designate one of the committee members
46	46	appointed by the speaker to serve as joint chair of the committee.
47	47	(g) Each member of the committee is entitled to
48	48	reimbursement for actual and necessary expenses incurred in
49	49	performing committee duties. Each legislative member is entitled to
50	50	reimbursement from the appropriate fund of the member's respective
51	51	house. Each public member and committee member appointed by the
52	52	governor is entitled to reimbursement from funds appropriated to
53	53	the committee.
54	54	Sec. 327.003. STAFF. The committee shall employ persons
55	55	necessary to carry out this chapter through funds made available by
56	56	the legislature.
57	57	Sec. 327.004. COMMITTEE DUTIES. Before December 1, 2016,
58	58	the committee shall consider whether a public need exists for the
59	59	continuation of the Sunset Advisory Commission. In making the
60	60	determination, the committee shall consider:
61	61	(1) the efficiency and effectiveness with which the
62	62	commission operates, including the cost of maintaining the
63	63	commission and its staff as well as any savings realized by the work
64	64	of the commission;
65	65	(2) the mission and goals intended for the commission
66	66	and the problem or need that the commission was intended to address;
67	67	(3) the extent to which the commission's mission and
68	68	goals have been achieved and the problem or need has been addressed;
69	69	(4) the commission's activities that are authorized by
70	70	statute and any other commission activity and authority for those
71	71	activities and the extent to which those activities are needed;
72	72	(5) whether less restrictive or alternative methods of
73	73	performing any function that the commission performs could
74	74	adequately protect or provide service to the public; and
75	75	(6) an assessment of the commission's rulemaking
76	76	processes and the extent to which the commission has encouraged
77	77	participation by the public in making its decisions and the extent
78	78	to which the public participation has resulted in rules that
79	79	benefit the public.
80	80	Sec. 327.005. REPORT TO LEGISLATURE. (a) Not later than
81	81	December 1, 2016, the committee shall report its findings to the
82	82	legislature.
83	83	(b) In its report to the legislature, the committee shall:
84	84	(1) make recommendations on the abolition,
85	85	continuation, or reorganization of the Sunset Advisory Commission
86	86	and on the need for the performance of the functions of the
87	87	commission; and
88	88	(2) make recommendations to improve the operations of
89	89	the Sunset Advisory Commission and its governing body, including
90	90	management recommendations that do not require a change in the
91	91	commission's enabling statute.
92	92	(c) The committee shall include the estimated fiscal impact
93	93	of its recommendations and may recommend appropriation levels for
94	94	the Sunset Advisory Commission.
95	95	Sec. 327.006. SUBPOENA POWER. (a) The committee may issue
96	96	process to compel the attendance of witnesses and the production of
97	97	books, records, papers, and other objects necessary or proper for
98	98	the purposes of the committee proceedings. The process may be
99	99	served on a witness at any place in this state.
100	100	(b) If a majority of the committee directs the issuance of a
101	101	subpoena, a joint chair shall issue the subpoena in the name of the
102	102	committee.
103	103	(c) If both joint chairs are absent, a designee of one of the
104	104	joint chairs may issue a subpoena or other process in the same
105	105	manner as the joint chair.
106	106	(d) If necessary to obtain compliance with a subpoena or
107	107	other process, the committee may issue attachments. The
108	108	attachments may be addressed to and served by any peace officer in
109	109	this state.
110	110	(e) Testimony taken under subpoena must be reduced to
111	111	writing and given under oath subject to the penalties of perjury.
112	112	(f) A witness who attends a committee proceeding under
113	113	process is entitled to the same mileage and per diem as a witness
114	114	who appears before a grand jury in this state.
115	115	Sec. 327.007. ASSISTANCE OF AND ACCESS TO STATE AGENCIES.
116	116	(a) The committee may request the assistance of state agencies and
117	117	officers. When assistance is requested, a state agency or officer
118	118	shall assist the committee.
119	119	(b) In carrying out its functions under this chapter, the
120	120	committee or its designated staff member may inspect the records,
121	121	documents, and files of any state agency.
122	122	Sec. 327.008. RECORDS PROTECTED FROM DISCLOSURE. (a) A
123	123	working paper, including all documentary or other information,
124	124	prepared or maintained by the committee staff in performing its
125	125	duties under this chapter or other law to conduct an evaluation and
126	126	prepare a report is excepted from the public disclosure
127	127	requirements of Section 552.021.
128	128	(b) A record held by another entity that is considered to be
129	129	confidential by law and that the committee receives in connection
130	130	with the performance of the committee's functions under this
131	131	chapter or another law remains confidential and is excepted from
132	132	the public disclosure requirements of Section 552.021.
133	133	Sec. 327.009. EXPIRATION. This chapter expires January 1,
134	134	2017.
135	135	SECTION 2. This Act takes effect immediately if it receives
136	136	a vote of two-thirds of all the members elected to each house, as
137	137	provided by Section 39, Article III, Texas Constitution. If this
138	138	Act does not receive the vote necessary for immediate effect, this
139	139	Act takes effect September 1, 2015.