Texas 2015 - 84th Regular

Texas Senate Bill SB1180 Compare Versions

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

Old	New	Differences
1	1	84R8894 MCK-F
2	2	By: Huffines S.B. No. 1180
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the membership, powers, and duties of the Sunset
8	8	Advisory Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 325, Government Code, is amended by
11	11	adding Section 325.0025 to read as follows:
12	12	Sec. 325.0025. PURPOSE OF SUNSET ADVISORY COMMISSION. The
13	13	primary purpose of the commission is to review a state agency to
14	14	evaluate the need for the agency and to determine whether the agency
15	15	or the agency's functions should be abolished or consolidated in
16	16	order to reduce the cost of state government operations.
17	17	SECTION 2. Sections 325.003(a), (b), (c), (d), (e), (f),
18	18	(j), and (k), Government Code, are amended to read as follows:
19	19	(a) The Sunset Advisory Commission consists of four [five]
20	20	members of the [senate and one] public [member] appointed by the
21	21	lieutenant governor, four [and five] members of the [house of
22	22	representatives and one] public [member] appointed by the speaker
23	23	of the house, and one member of the public appointed by the state
24	24	auditor. [The lieutenant governor and the speaker of the house may
25	25	serve as one of the legislative appointees.]
26	26	(b) An individual is not eligible for appointment as a
27	27	commission [public] member if:
28	28	(1) the individual or the individual's spouse is:
29	29	(A) [(1)] regulated by a state agency that the
30	30	commission will review during the term for which the individual
31	31	would serve;
32	32	(B) [(2)] employed by, participates in the
33	33	management of, or directly or indirectly has more than a 10 percent
34	34	interest in a business entity or other organization regulated by a
35	35	state agency the commission will review during the term for which
36	36	the individual would serve; [or]
37	37	(C) [(3)] required to register as a lobbyist
38	38	under Chapter 305 because of the person's activities for
39	39	compensation on behalf of a profession or entity related to the
40	40	operation of an agency under review;
41	41	(D) currently employed or has been employed by
42	42	the federal government, the state, or a political subdivision of
43	43	the state at any time during the 10 years immediately preceding the
44	44	date the individual's term of office would begin; or
45	45	(E) an elected or appointed officer of the state
46	46	or a political subdivision of the state; or
47	47	(2) the individual has ever been an elected official
48	48	of the federal government, the state, or a political subdivision of
49	49	the state.
50	50	(c) It is a ground for removal of a [public] member from the
51	51	commission if the member does not have the qualifications required
52	52	by Subsection (b) for appointment to the commission at the time of
53	53	appointment or does not maintain the qualifications while serving
54	54	on the commission. The validity of the commission's action is not
55	55	affected by the fact that it was taken when a ground for removal of a
56	56	[public] member from the commission existed.
57	57	(d) Commission [Legislative] members serve four-year terms,
58	58	with terms staggered so that the terms of [as near to] one-half of
59	59	the [legislative] members appointed by the lieutenant governor [as
60	60	possible] and the terms of [as near to] one-half of the
61	61	[legislative] members appointed by the speaker [as possible] expire
62	62	September 1 of each odd-numbered year, and the term of the member
63	63	appointed by the state auditor expires on September 1 of
64	64	alternating odd-numbered years. [If the lieutenant governor or the
65	65	speaker serves on the commission, service continues until
66	66	resignation from the commission or until the individual ceases to
67	67	hold the office. Public members serve two-year terms expiring
68	68	September 1 of each odd-numbered year.]
69	69	(e) A member of the commission who [Members other than the
70	70	lieutenant governor and the speaker are subject to the following
71	71	restrictions:
72	72	[(1) after an individual] serves three terms [six
73	73	years on the commission, the individual] is not eligible for
74	74	appointment to another term or part of a term. For [;
75	75	[(2) a legislative member who serves a full term may
76	76	not be appointed to an immediately succeeding term; and
77	77	[(3) a public member may not serve more than two
78	78	consecutive terms, and, for] purposes of this prohibition, a member
79	79	is considered to have served a term only if the member has served
80	80	more than half of the term.
81	81	(f) The lieutenant governor, [and] speaker, and state
82	82	auditor shall make their appointments before September 1 of each
83	83	odd-numbered year.
84	84	(j) Five [Seven] members of the commission constitute a
85	85	quorum. [A final action or recommendation may not be made unless
86	86	approved by a record vote of a majority of members appointed by the
87	87	lieutenant governor and the speaker of the house.] All [other]
88	88	actions by the commission shall be decided by a majority of the
89	89	members present and voting.
90	90	(k) Each member of the commission is entitled to
91	91	reimbursement for actual and necessary expenses incurred in
92	92	performing commission duties[. Each legislative member is entitled
93	93	to reimbursement from the appropriate fund of the member's
94	94	respective house. Each public member is entitled to reimbursement]
95	95	from funds appropriated to the commission.
96	96	SECTION 3. Section 325.004, Government Code, is amended by
97	97	adding Subsection (d) to read as follows:
98	98	(d) A commission employee described by Subsection (a) or (b)
99	99	may not be employed for more than 12 years. This subsection does
100	100	not affect the status of a commission employee as an at-will
101	101	employee of the commission.
102	102	SECTION 4. Section 325.010(b), Government Code, is amended
103	103	to read as follows:
104	104	(b) In the report the commission shall include:
105	105	(1) its findings regarding the criteria prescribed by
106	106	Section 325.011, including whether the agency should be abolished
107	107	or consolidated with another agency to reduce the cost of state
108	108	government operations;
109	109	(2) its recommendations based on the matters
110	110	prescribed by Section 325.012; and
111	111	(3) other information the commission considers
112	112	necessary for a complete review of the agency.
113	113	SECTION 5. Section 325.015(a), Government Code, is amended
114	114	to read as follows:
115	115	(a) During the regular session immediately before the
116	116	abolition of a state agency or an advisory committee that is subject
117	117	to this chapter, the legislature by law may continue the agency or
118	118	advisory committee for a period not to exceed six [12] years.
119	119	SECTION 6. Sections 325.003(g) and 325.020, Government
120	120	Code, are repealed.
121	121	SECTION 7. (a) The offices of the members of the Sunset
122	122	Advisory Commission serving on the effective date of this Act are
123	123	abolished. The abolition takes effect on the date of the first
124	124	meeting of the commission composed as provided by Section 325.003,
125	125	Government Code, as amended by this Act. Until the commission that
126	126	exists on the effective date of this Act is abolished, the
127	127	commission shall continue to perform its duties under Chapter 325,
128	128	Government Code, as that law existed immediately before the
129	129	effective date of this Act.
130	130	(b) The lieutenant governor, the speaker of the house of
131	131	representatives, and the state auditor, as soon as possible after
132	132	the effective date of this Act, shall appoint members to serve
133	133	initial terms on the Sunset Advisory Commission under Section
134	134	325.003, Government Code, as amended by this Act.
135	135	(c) At the first meeting of the Texas Sunset Commission
136	136	after the members are appointed under Subsection (b) of this
137	137	section, or as soon as practicable after that meeting, the members
138	138	of the commission appointed by the lieutenant governor and the
139	139	speaker of the house of representatives shall draw lots to
140	140	determine which members will serve terms expiring September 1,
141	141	2017, and which members will serve terms expiring September 1,
142	142	2019.
143	143	SECTION 8. This Act takes effect September 1, 2015.