Texas 2017 - 85th Regular

Texas House Bill HB3302 Compare Versions

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Version 2 (New)

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1	1	85R20102 MCK-D
2	2	By: Gonzales of Williamson H.B. No. 3302
3	3	Substitute the following for H.B. No. 3302:
4	4	By: Cook C.S.H.B. No. 3302
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the sunset review process and certain governmental
10	10	entities subject to that process.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. ENTITIES GIVEN 2019 SUNSET DATE
13	13	SECTION 1.01. BANDERA COUNTY RIVER AUTHORITY AND
14	14	GROUNDWATER DISTRICT. Section 1A(a), Chapter 629, Acts of the 62nd
15	15	Legislature, Regular Session, 1971, is amended to read as follows:
16	16	(a) The district is subject to review under Chapter 325,
17	17	Government Code (Texas Sunset Act), but may not be abolished under
18	18	that chapter. The review shall be conducted under Section 325.025,
19	19	Government Code, as if the district were a state agency scheduled to
20	20	be abolished September 1, 2019 [2023], and every 12th year after
21	21	that year.
22	22	SECTION 1.02. LAVACA-NAVIDAD RIVER AUTHORITY. Section
23	23	1A(a), Chapter 186, Acts of the 50th Legislature, Regular Session,
24	24	1947, is amended to read as follows:
25	25	(a) The District is subject to review under Chapter 325,
26	26	Government Code (Texas Sunset Act), but may not be abolished under
27	27	that chapter. The review shall be conducted under Section 325.025,
28	28	Government Code, as if the District were a state agency scheduled to
29	29	be abolished September 1, 2019 [2023], and every 12th year after
30	30	that year.
31	31	SECTION 1.03. UPPER GUADALUPE RIVER AUTHORITY. Section
32	32	1A(a), Chapter 5, page 1062, Special Laws, Acts of the 46th
33	33	Legislature, Regular Session, 1939, is amended to read as follows:
34	34	(a) The District is subject to review under Chapter 325,
35	35	Government Code (Texas Sunset Act), but may not be abolished under
36	36	that chapter. The review shall be conducted under Section 325.025,
37	37	Government Code, as if the District were a state agency scheduled to
38	38	be abolished September 1, 2019 [2021], and every 12th year after
39	39	that year.
40	40	ARTICLE 2. ENTITIES GIVEN 2021 SUNSET DATE
41	41	SECTION 2.01. TEXAS COMMISSION OF LICENSING AND REGULATION
42	42	AND TEXAS DEPARTMENT OF LICENSING AND REGULATION. Section 51.002,
43	43	Occupations Code, is amended to read as follows:
44	44	Sec. 51.002. APPLICATION OF SUNSET ACT. The Texas
45	45	Commission of Licensing and Regulation and the Texas Department of
46	46	Licensing and Regulation are subject to Chapter 325, Government
47	47	Code (Texas Sunset Act). Unless continued in existence as provided
48	48	by that chapter, the commission and the department are abolished
49	49	September 1, 2021 [2019].
50	50	SECTION 2.02. TEXAS STATE BOARD OF PLUMBING EXAMINERS.
51	51	Section 1301.003, Occupations Code, is amended to read as follows:
52	52	Sec. 1301.003. APPLICATION OF SUNSET ACT. The Texas State
53	53	Board of Plumbing Examiners is subject to Chapter 325, Government
54	54	Code (Texas Sunset Act). Unless continued in existence as provided
55	55	by that chapter, the board is abolished and this chapter expires
56	56	September 1, 2021 [2019].
57	57	SECTION 2.03. NUECES RIVER AUTHORITY. Section 1.02A(a),
58	58	Chapter 427, Acts of the 44th Legislature, 1st Called Session,
59	59	1935, is amended to read as follows:
60	60	(a) The authority is subject to review under Chapter 325,
61	61	Government Code (Texas Sunset Act), but may not be abolished under
62	62	that chapter. The review shall be conducted under Section 325.025,
63	63	Government Code, as if the authority were a state agency scheduled
64	64	to be abolished September 1, 2021 [2019], and every 12th year after
65	65	that year.
66	66	SECTION 2.04. SAN ANTONIO RIVER AUTHORITY. Section 1-a(a),
67	67	Chapter 276, Acts of the 45th Legislature, Regular Session, 1937,
68	68	is amended to read as follows:
69	69	(a) The District is subject to review under Chapter 325,
70	70	Government Code (Texas Sunset Act), but may not be abolished under
71	71	that chapter. The review shall be conducted under Section 325.025,
72	72	Government Code, as if the District were a state agency scheduled to
73	73	be abolished September 1, 2021 [2023], and every 12th year after
74	74	that year.
75	75	SECTION 2.05. TRINITY RIVER AUTHORITY OF TEXAS. Section
76	76	1A(a), Chapter 518, Acts of the 54th Legislature, Regular Session,
77	77	1955, is amended to read as follows:
78	78	(a) The Authority is subject to review under Chapter 325,
79	79	Government Code (Texas Sunset Act), but may not be abolished under
80	80	that chapter. The review shall be conducted under Section 325.025,
81	81	Government Code, as if the Authority were a state agency scheduled
82	82	to be abolished September 1, 2021 [2023], and every 12th year after
83	83	that year.
84	84	ARTICLE 3. ENTITIES GIVEN 2023 SUNSET DATE
85	85	SECTION 3.01. LOWER NECHES VALLEY AUTHORITY. Section
86	86	8504.0021(a), Special District Local Laws Code, is amended to read
87	87	as follows:
88	88	(a) The authority is subject to review under Chapter 325,
89	89	Government Code (Texas Sunset Act), but may not be abolished under
90	90	that chapter. The review shall be conducted under Section 325.025,
91	91	Government Code, as if the authority were a state agency scheduled
92	92	to be abolished September 1, 2023 [2021], and every 12th year after
93	93	that year.
94	94	SECTION 3.02. RED RIVER AUTHORITY OF TEXAS. Section 1A(a),
95	95	Chapter 279, Acts of the 56th Legislature, Regular Session, 1959,
96	96	is amended to read as follows:
97	97	(a) The Authority is subject to review under Chapter 325,
98	98	Government Code (Texas Sunset Act), but may not be abolished under
99	99	that chapter. The review shall be conducted under Section 325.025,
100	100	Government Code, as if the Authority were a state agency scheduled
101	101	to be abolished September 1, 2023 [2019], and every 12th year after
102	102	that year.
103	103	SECTION 3.03. SABINE RIVER AUTHORITY OF TEXAS. Section
104	104	2A(a), Chapter 110, Acts of the 51st Legislature, Regular Session,
105	105	1949, is amended to read as follows:
106	106	(a) The district is subject to review under Chapter 325,
107	107	Government Code (Texas Sunset Act), but may not be abolished under
108	108	that chapter. The review shall be conducted under Section 325.025,
109	109	Government Code, as if the district were a state agency scheduled to
110	110	be abolished September 1, 2023 [2021], and every 12th year after
111	111	that year.
112	112	ARTICLE 4. ENTITIES GIVEN 2025 SUNSET DATE
113	113	SECTION 4.01. OFFICE OF STATE-FEDERAL RELATIONS. Section
114	114	751.003, Government Code, is amended to read as follows:
115	115	Sec. 751.003. SUNSET PROVISION. The Office of
116	116	State-Federal Relations is subject to Chapter 325 (Texas Sunset
117	117	Act). Unless continued in existence as provided by that chapter,
118	118	the office is abolished and this chapter expires September 1, 2025
119	119	[2021].
120	120	SECTION 4.02. TEACHER RETIREMENT SYSTEM OF TEXAS. Section
121	121	825.006, Government Code, is amended to read as follows:
122	122	Sec. 825.006. SUNSET PROVISION. The board of trustees of
123	123	the Teacher Retirement System of Texas is subject to review under
124	124	Chapter 325 (Texas Sunset Act), but is not abolished under that
125	125	chapter. The board shall be reviewed during the period in which
126	126	state agencies abolished in 2025 [2019], and every 12th year after
127	127	that year, are reviewed.
128	128	SECTION 4.03. TEXAS FACILITIES COMMISSION. Section
129	129	2152.002, Government Code, is amended to read as follows:
130	130	Sec. 2152.002. SUNSET PROVISION. The Texas Facilities
131	131	Commission is subject to Chapter 325 (Texas Sunset Act). Unless
132	132	continued in existence as provided by that chapter, the commission
133	133	is abolished and this subtitle, except for Chapter 2170 and Section
134	134	2157.121, expires September 1, 2025 [2021].
135	135	SECTION 4.04. TEXAS REAL ESTATE COMMISSION. Section
136	136	1101.006, Occupations Code, is amended to read as follows:
137	137	Sec. 1101.006. APPLICATION OF SUNSET ACT. The Texas Real
138	138	Estate Commission is subject to Chapter 325, Government Code (Texas
139	139	Sunset Act). Unless continued in existence as provided by that
140	140	chapter, the commission is abolished and this chapter, Chapter
141	141	1102, and Chapter 1303 of this code and Chapter 221, Property Code,
142	142	expire September 1, 2025 [2019].
143	143	SECTION 4.05. TEXAS APPRAISER LICENSING AND CERTIFICATION
144	144	BOARD. Section 1103.006, Occupations Code, is amended to read as
145	145	follows:
146	146	Sec. 1103.006. APPLICATION OF SUNSET ACT. The Texas
147	147	Appraiser Licensing and Certification Board is subject to Chapter
148	148	325, Government Code (Texas Sunset Act). Unless continued in
149	149	existence as provided by that chapter, the board is abolished and
150	150	this chapter and Chapter 1104 expire September 1, 2025 [2019].
151	151	ARTICLE 5. ENTITIES REMOVED FROM SPECIFIC SUNSET REVIEW
152	152	SECTION 5.01. REGIONAL EDUCATION SERVICE CENTERS. Section
153	153	8.010, Education Code, is repealed.
154	154	SECTION 5.02. MATERNAL MORTALITY AND MORBIDITY TASK FORCE.
155	155	Section 34.018, Health and Safety Code, is repealed.
156	156	SECTION 5.03. PALLIATIVE CARE INTERDISCIPLINARY ADVISORY
157	157	COUNCIL. Section 118.003, Health and Safety Code, is repealed.
158	158	SECTION 5.04. PERINATAL ADVISORY COUNCIL. Section
159	159	241.187(l), Health and Safety Code, is repealed.
160	160	SECTION 5.05. TEXAS WINDSTORM INSURANCE ASSOCIATION.
161	161	Section 2210.002, Insurance Code, is amended to read as follows:
162	162	Sec. 2210.002. SHORT TITLE[; SUNSET PROVISION]. [(a)]
163	163	This chapter may be cited as the Texas Windstorm Insurance
164	164	Association Act.
165	165	[(b) The association is subject to review under Chapter 325,
166	166	Government Code (Texas Sunset Act), but is not abolished under that
167	167	chapter. The association shall be reviewed during the period in
168	168	which state agencies abolished in 2019 are reviewed. The
169	169	association shall pay the costs incurred by the Sunset Advisory
170	170	Commission in performing the review of the association under this
171	171	subsection. The Sunset Advisory Commission shall determine the
172	172	costs of the review performed under this subsection, and the
173	173	association shall pay the amount of those costs promptly on receipt
174	174	of a statement from the Sunset Advisory Commission regarding those
175	175	costs. This subsection expires September 1, 2019.]
176	176	ARTICLE 6. SUNSET REVIEW PROCESS
177	177	SECTION 6.01. DEFINITIONS. Section 325.002(1), Government
178	178	Code, is amended to read as follows:
179	179	(1) "State agency" means an entity [agency] expressly
180	180	made subject to this chapter.
181	181	SECTION 6.02. SUNSET ADVISORY COMMISSION. Section
182	182	325.003(a), Government Code, is amended to read as follows:
183	183	(a) The Sunset Advisory Commission is a legislative agency
184	184	that consists of five members of the senate and one public member
185	185	appointed by the lieutenant governor and five members of the house
186	186	of representatives and one public member appointed by the speaker
187	187	of the house. The lieutenant governor and the speaker of the house
188	188	may serve as one of the legislative appointees.
189	189	SECTION 6.03. COMMISSION DUTIES. Section 325.008(a),
190	190	Government Code, is amended to read as follows:
191	191	(a) Before January 1 of the year in which a state agency
192	192	subject to this chapter and its advisory committees are abolished,
193	193	the commission shall:
194	194	(1) review and take action necessary to verify the
195	195	reports submitted by the agency under Section 325.007;
196	196	(2) consult the Legislative Budget Board, the
197	197	Governor's Budget, Policy, and Planning Division, the State
198	198	Auditor, and the comptroller of public accounts, or their
199	199	successors, on the application to the agency of the criteria
200	200	provided in Section 325.011;
201	201	(3) conduct a review of the agency based on the
202	202	criteria provided in Section 325.011 and prepare a written report;
203	203	and
204	204	(4) review the implementation of commission
205	205	recommendations contained in the reports presented to the
206	206	legislature during the preceding legislative session and the
207	207	resulting legislation and prepare a written report.
208	208	SECTION 6.04. RECOMMENDATIONS. Section 325.012(c),
209	209	Government Code, is amended to read as follows:
210	210	(c) The commission shall have drafts of legislation
211	211	prepared to carry out the commission's recommendations under this
212	212	section. The commission staff shall provide legislative services
213	213	to support the passage of legislation prepared under this section.
214	214	SECTION 6.05. RECORDS PROTECTED FROM DISCLOSURE. Section
215	215	325.0195, Government Code, is amended by amending Subsection (a)
216	216	and adding Subsection (a-1) to read as follows:
217	217	(a) A working paper, including all documentary or other
218	218	information, prepared or maintained by the commission staff in
219	219	performing its duties under this chapter or other law to conduct an
220	220	evaluation, [and] prepare a report, draft legislation, or provide
221	221	legislative services is privileged and confidential and not subject
222	222	to discovery or subpoena, and is excepted from the public
223	223	disclosure requirements of Section 552.021.
224	224	(a-1) Any record or communication that is held by a state
225	225	agency being reviewed under this chapter that is either prepared
226	226	for the commission by the state agency or provided to the state
227	227	agency by the commission is confidential and excepted from the
228	228	public disclosure requirements of Section 552.021. If information
229	229	or data within a record or communication made confidential under
230	230	this subsection is also maintained in another record, that other
231	231	record is not made confidential or excepted from public disclosure
232	232	by this subsection.
233	233	SECTION 6.06. REPEALER. Sections 325.020 and 325.0123(a),
234	234	Government Code, are repealed.
235	235	ARTICLE 7. EFFECTIVE DATE
236	236	SECTION 7.01. EFFECTIVE DATE. This Act takes effect
237	237	immediately if it receives a vote of two-thirds of all the members
238	238	elected to each house, as provided by Section 39, Article III, Texas
239	239	Constitution. If this Act does not receive the vote necessary for
240	240	immediate effect, this Act takes effect September 1, 2017.