84R7379 MTB-D
By: Phillips H.B. No. 2203
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Joint Committee to Review the Sunset
Advisory Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 3, Government Code, is amended
by adding Chapter 327 to read as follows:
CHAPTER 327. JOINT COMMITTEE TO REVIEW THE SUNSET ADVISORY
COMMISSION
Sec. 327.001. DEFINITIONS. In this chapter:
(1) "Committee" means the Joint Committee to Review
the Sunset Advisory Commission.
(2) "Executive head of a state agency" means the
director, executive director, commissioner, administrator, chief
clerk, or other individual who is appointed by the governing body of
the state agency or by another state or local officer to act as the
chief executive or administrative officer of the agency and who is
not an appointed officer.
Sec. 327.002. JOINT COMMITTEE TO REVIEW THE SUNSET ADVISORY
COMMISSION. (a) The Joint Committee to Review the Sunset Advisory
Commission consists of:
(1) three members of the senate and one public member
appointed by the lieutenant governor;
(2) three members of the house of representatives and
one public member appointed by the speaker of the house; and
(3) two executive heads of state agencies and one
public member appointed by the governor.
(b) The lieutenant governor and the speaker of the house may
serve as one of the legislative appointees.
(c) A public member of the committee may not concurrently be
serving as a member of the Sunset Advisory Commission.
(d) Not more than one legislative member of the committee
from each house may concurrently be serving as a member of the
Sunset Advisory Commission.
(e) If a vacancy occurs, the appropriate appointing
authority shall appoint a person to serve for the remainder of the
unexpired term in the same manner as the original appointment.
(f) The lieutenant governor shall designate one of the
committee members appointed by the lieutenant governor to serve as
joint chair of the committee. The speaker of the house of
representatives shall designate one of the committee members
appointed by the speaker to serve as joint chair of the committee.
(g) Each member of the committee is entitled to
reimbursement for actual and necessary expenses incurred in
performing committee duties. Each legislative member is entitled to
reimbursement from the appropriate fund of the member's respective
house. Each public member and committee member appointed by the
governor is entitled to reimbursement from funds appropriated to
the committee.
Sec. 327.003. STAFF. The committee shall employ persons
necessary to carry out this chapter through funds made available by
the legislature.
Sec. 327.004. COMMITTEE DUTIES. Before December 1, 2016,
the committee shall consider whether a public need exists for the
continuation of the Sunset Advisory Commission. In making the
determination, the committee shall consider:
(1) the efficiency and effectiveness with which the
commission operates, including the cost of maintaining the
commission and its staff as well as any savings realized by the work
of the commission;
(2) the mission and goals intended for the commission
and the problem or need that the commission was intended to address;
(3) the extent to which the commission's mission and
goals have been achieved and the problem or need has been addressed;
(4) the commission's activities that are authorized by
statute and any other commission activity and authority for those
activities and the extent to which those activities are needed;
(5) whether less restrictive or alternative methods of
performing any function that the commission performs could
adequately protect or provide service to the public; and
(6) an assessment of the commission's rulemaking
processes and the extent to which the commission has encouraged
participation by the public in making its decisions and the extent
to which the public participation has resulted in rules that
benefit the public.
Sec. 327.005. REPORT TO LEGISLATURE. (a) Not later than
December 1, 2016, the committee shall report its findings to the
legislature.
(b) In its report to the legislature, the committee shall:
(1) make recommendations on the abolition,
continuation, or reorganization of the Sunset Advisory Commission
and on the need for the performance of the functions of the
commission; and
(2) make recommendations to improve the operations of
the Sunset Advisory Commission and its governing body, including
management recommendations that do not require a change in the
commission's enabling statute.
(c) The committee shall include the estimated fiscal impact
of its recommendations and may recommend appropriation levels for
the Sunset Advisory Commission.
Sec. 327.006. SUBPOENA POWER. (a) The committee may issue
process to compel the attendance of witnesses and the production of
books, records, papers, and other objects necessary or proper for
the purposes of the committee proceedings. The process may be
served on a witness at any place in this state.
(b) If a majority of the committee directs the issuance of a
subpoena, a joint chair shall issue the subpoena in the name of the
committee.
(c) If both joint chairs are absent, a designee of one of the
joint chairs may issue a subpoena or other process in the same
manner as the joint chair.
(d) If necessary to obtain compliance with a subpoena or
other process, the committee may issue attachments. The
attachments may be addressed to and served by any peace officer in
this state.
(e) Testimony taken under subpoena must be reduced to
writing and given under oath subject to the penalties of perjury.
(f) A witness who attends a committee proceeding under
process is entitled to the same mileage and per diem as a witness
who appears before a grand jury in this state.
Sec. 327.007. ASSISTANCE OF AND ACCESS TO STATE AGENCIES.
(a) The committee may request the assistance of state agencies and
officers. When assistance is requested, a state agency or officer
shall assist the committee.
(b) In carrying out its functions under this chapter, the
committee or its designated staff member may inspect the records,
documents, and files of any state agency.
Sec. 327.008. RECORDS PROTECTED FROM DISCLOSURE. (a) A
working paper, including all documentary or other information,
prepared or maintained by the committee staff in performing its
duties under this chapter or other law to conduct an evaluation and
prepare a report is excepted from the public disclosure
requirements of Section 552.021.
(b) A record held by another entity that is considered to be
confidential by law and that the committee receives in connection
with the performance of the committee's functions under this
chapter or another law remains confidential and is excepted from
the public disclosure requirements of Section 552.021.
Sec. 327.009. EXPIRATION. This chapter expires January 1,
2017.
SECTION 2. 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, 2015.