84R33924 MCK-D
By: Price H.R. No. 3425
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 84th Legislature, Regular Session, 2015, That House Rule 13,
Section 9(a), be suspended in part as provided by House Rule 13,
Section 9(f), to enable the conference committee appointed to
resolve the differences on House Bill 3123 (governmental entities
subject to the sunset review process) to consider and take action on
the following matters:
(1) House Rule 13, Section 9(a)(2), is suspended to permit
the committee to omit text which is not in disagreement, SECTION
2.01 of the house engrossment of House Bill No. 3123 and the
corresponding section of the bill as the bill was amended by the
senate, relating to the sunset review of the Sulphur River Basin
Authority, that reads:
SECTION 2.01. SULPHUR RIVER BASIN AUTHORITY. Section 1A,
Chapter 3, Acts of the 69th Legislature, 1st Called Session, 1985,
is repealed.
Explanation: The omission is necessary to continue the sunset
review of the Sulphur River Basin Authority.
(2) House Rule 13, Section 9(a)(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:
ARTICLE 1. ENTITIES GIVEN 2017 SUNSET DATE
SECTION 1.01. TEXAS DEPARTMENT OF TRANSPORTATION. Section
201.204, Transportation Code, is amended to read as follows:
Sec. 201.204. SUNSET PROVISION. (a) The Texas Department of
Transportation is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the department is abolished September 1, 2017.
(b) The Sunset Advisory Commission shall limit its review of
the Texas Department of Transportation in preparation for the work
of the 85th Legislature in Regular Session to the department's
project planning, selection, programming, and funding processes
and its interactions with local transportation entities. In the
commission's report to the 85th Legislature, the commission may
include any recommendations it considers appropriate. This
subsection expires September 1, 2017.
SECTION 1.02. NORTH TEXAS TOLLWAY AUTHORITY. Subchapter
A, Chapter 366, Transportation Code, is amended by adding Section
366.005 to read as follows:
Sec. 366.005. SUNSET PROVISION. (a) An authority is
subject to review under Chapter 325, Government Code (Texas Sunset
Act), as if it were a state agency but is not abolished under that
chapter.
(b) An authority shall be reviewed during the period in
which state agencies scheduled to be reviewed or abolished in 2017
are reviewed.
(c) An authority shall pay the cost incurred by the Sunset
Advisory Commission in performing a review of the authority under
this section. The Sunset Advisory Commission shall determine the
cost, and the authority shall pay the amount promptly on receipt of
a statement from the Sunset Advisory Commission detailing the cost.
(d) This section expires September 1, 2017.
ARTICLE 2. ENTITIES GIVEN 2019 SUNSET DATE
SECTION 2.01. EMPLOYEES RETIREMENT SYSTEM OF TEXAS.
Section 815.005, Government Code, is amended 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 2019 [2017], and every 12th year after
that year, are reviewed.
SECTION 4.04. TEXAS MILITARY DEPARTMENT. Section 437.051,
Government Code, is amended to read as follows:
Sec. 437.051. SUNSET PROVISION. The department is subject
to Chapter 325 (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the department is abolished and this
subchapter expires September 1, 2023 [2019].
SECTION 4.05. CANCER PREVENTION AND RESEARCH INSTITUTE OF
TEXAS. Section 102.003, Health and Safety Code, is amended to read
as follows:
Sec. 102.003. SUNSET PROVISION. The Cancer Prevention and
Research Institute of Texas is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the institute is abolished and this chapter
expires September 1, 2023 [2021].
SECTION 4.06. RAILROAD COMMISSION OF TEXAS. Sections
81.01001(a) and (a-1), Natural Resources Code, are amended to read
as follows:
(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, 2023 [2017].
(a-1) The review of the Railroad Commission of Texas by the
Sunset Advisory Commission in preparation for the work of the 88th
[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 88th [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, 2023 [2017].
Explanation: This addition is necessary to limit the scope
of the next sunset review of the Texas Department of
Transportation, to subject the North Texas Tollway Authority to
sunset review, and to change the sunset review date for various
state agencies.