By: Nelson S.R. No. 1055
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 84th
Legislature, Regular Session, 2015, 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 3123 (governmental entities subject to the sunset
process) to consider and take action on the following matters:
(1) Senate Rule 12.03(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1985, is repealed.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) 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:
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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on May 30, 2015, by the
following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate