85R20102 MCK-D
By: Gonzales of Williamson H.B. No. 3302
Substitute the following for H.B. No. 3302:
By: Cook C.S.H.B. No. 3302
A BILL TO BE ENTITLED
AN ACT
relating to the sunset review process and certain governmental
entities subject to that process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. ENTITIES GIVEN 2019 SUNSET DATE
SECTION 1.01. BANDERA COUNTY RIVER AUTHORITY AND
GROUNDWATER DISTRICT. Section 1A(a), Chapter 629, Acts of the 62nd
Legislature, Regular Session, 1971, is amended to read as follows:
(a) The district is subject to review under Chapter 325,
Government Code (Texas Sunset Act), but may not be abolished under
that chapter. The review shall be conducted under Section 325.025,
Government Code, as if the district were a state agency scheduled to
be abolished September 1, 2019 [2023], and every 12th year after
that year.
SECTION 1.02. LAVACA-NAVIDAD RIVER AUTHORITY. Section
1A(a), Chapter 186, Acts of the 50th Legislature, Regular Session,
1947, is amended to read as follows:
(a) The District is subject to review under Chapter 325,
Government Code (Texas Sunset Act), but may not be abolished under
that chapter. The review shall be conducted under Section 325.025,
Government Code, as if the District were a state agency scheduled to
be abolished September 1, 2019 [2023], and every 12th year after
that year.
SECTION 1.03. UPPER GUADALUPE RIVER AUTHORITY. Section
1A(a), Chapter 5, page 1062, Special Laws, Acts of the 46th
Legislature, Regular Session, 1939, is amended to read as follows:
(a) The District is subject to review under Chapter 325,
Government Code (Texas Sunset Act), but may not be abolished under
that chapter. The review shall be conducted under Section 325.025,
Government Code, as if the District were a state agency scheduled to
be abolished September 1, 2019 [2021], and every 12th year after
that year.
ARTICLE 2. ENTITIES GIVEN 2021 SUNSET DATE
SECTION 2.01. TEXAS COMMISSION OF LICENSING AND REGULATION
AND TEXAS DEPARTMENT OF LICENSING AND REGULATION. Section 51.002,
Occupations Code, is amended to read as follows:
Sec. 51.002. APPLICATION OF SUNSET ACT. The Texas
Commission of Licensing and Regulation and the Texas Department of
Licensing and Regulation are subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the commission and the department are abolished
September 1, 2021 [2019].
SECTION 2.02. TEXAS STATE BOARD OF PLUMBING EXAMINERS.
Section 1301.003, Occupations Code, is amended to read as follows:
Sec. 1301.003. APPLICATION OF SUNSET ACT. The Texas State
Board of Plumbing Examiners is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the board is abolished and this chapter expires
September 1, 2021 [2019].
SECTION 2.03. NUECES RIVER AUTHORITY. Section 1.02A(a),
Chapter 427, Acts of the 44th Legislature, 1st Called Session,
1935, is amended to read as follows:
(a) The authority is subject to review under Chapter 325,
Government Code (Texas Sunset Act), but may not be abolished under
that chapter. The review shall be conducted under Section 325.025,
Government Code, as if the authority were a state agency scheduled
to be abolished September 1, 2021 [2019], and every 12th year after
that year.
SECTION 2.04. SAN ANTONIO RIVER AUTHORITY. Section 1-a(a),
Chapter 276, Acts of the 45th Legislature, Regular Session, 1937,
is amended to read as follows:
(a) The District is subject to review under Chapter 325,
Government Code (Texas Sunset Act), but may not be abolished under
that chapter. The review shall be conducted under Section 325.025,
Government Code, as if the District were a state agency scheduled to
be abolished September 1, 2021 [2023], and every 12th year after
that year.
SECTION 2.05. TRINITY RIVER AUTHORITY OF TEXAS. Section
1A(a), Chapter 518, Acts of the 54th Legislature, Regular Session,
1955, is amended to read as follows:
(a) The Authority is subject to review under Chapter 325,
Government Code (Texas Sunset Act), but may not be abolished under
that chapter. The review shall be conducted under Section 325.025,
Government Code, as if the Authority were a state agency scheduled
to be abolished September 1, 2021 [2023], and every 12th year after
that year.
ARTICLE 3. ENTITIES GIVEN 2023 SUNSET DATE
SECTION 3.01. LOWER NECHES VALLEY AUTHORITY. Section
8504.0021(a), Special District Local Laws Code, is amended to read
as follows:
(a) The authority is subject to review under Chapter 325,
Government Code (Texas Sunset Act), but may not be abolished under
that chapter. The review shall be conducted under Section 325.025,
Government Code, as if the authority were a state agency scheduled
to be abolished September 1, 2023 [2021], and every 12th year after
that year.
SECTION 3.02. RED RIVER AUTHORITY OF TEXAS. Section 1A(a),
Chapter 279, Acts of the 56th Legislature, Regular Session, 1959,
is amended to read as follows:
(a) The Authority is subject to review under Chapter 325,
Government Code (Texas Sunset Act), but may not be abolished under
that chapter. The review shall be conducted under Section 325.025,
Government Code, as if the Authority were a state agency scheduled
to be abolished September 1, 2023 [2019], and every 12th year after
that year.
SECTION 3.03. SABINE RIVER AUTHORITY OF TEXAS. Section
2A(a), Chapter 110, Acts of the 51st Legislature, Regular Session,
1949, is amended to read as follows:
(a) The district is subject to review under Chapter 325,
Government Code (Texas Sunset Act), but may not be abolished under
that chapter. The review shall be conducted under Section 325.025,
Government Code, as if the district were a state agency scheduled to
be abolished September 1, 2023 [2021], and every 12th year after
that year.
ARTICLE 4. ENTITIES GIVEN 2025 SUNSET DATE
SECTION 4.01. OFFICE OF STATE-FEDERAL RELATIONS. Section
751.003, Government Code, is amended to read as follows:
Sec. 751.003. SUNSET PROVISION. The Office of
State-Federal Relations is subject to Chapter 325 (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the office is abolished and this chapter expires September 1, 2025
[2021].
SECTION 4.02. TEACHER RETIREMENT SYSTEM OF TEXAS. Section
825.006, Government Code, is amended to read as follows:
Sec. 825.006. SUNSET PROVISION. The board of trustees of
the Teacher 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 2025 [2019], and every 12th year after
that year, are reviewed.
SECTION 4.03. TEXAS FACILITIES COMMISSION. Section
2152.002, Government Code, is amended to read as follows:
Sec. 2152.002. SUNSET PROVISION. The Texas Facilities
Commission is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the commission
is abolished and this subtitle, except for Chapter 2170 and Section
2157.121, expires September 1, 2025 [2021].
SECTION 4.04. TEXAS REAL ESTATE COMMISSION. Section
1101.006, Occupations Code, is amended to read as follows:
Sec. 1101.006. APPLICATION OF SUNSET ACT. The Texas Real
Estate Commission is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the commission is abolished and this chapter, Chapter
1102, and Chapter 1303 of this code and Chapter 221, Property Code,
expire September 1, 2025 [2019].
SECTION 4.05. TEXAS APPRAISER LICENSING AND CERTIFICATION
BOARD. Section 1103.006, Occupations Code, is amended to read as
follows:
Sec. 1103.006. APPLICATION OF SUNSET ACT. The Texas
Appraiser Licensing and Certification Board is subject to Chapter
325, Government Code (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the board is abolished and
this chapter and Chapter 1104 expire September 1, 2025 [2019].
ARTICLE 5. ENTITIES REMOVED FROM SPECIFIC SUNSET REVIEW
SECTION 5.01. REGIONAL EDUCATION SERVICE CENTERS. Section
8.010, Education Code, is repealed.
SECTION 5.02. MATERNAL MORTALITY AND MORBIDITY TASK FORCE.
Section 34.018, Health and Safety Code, is repealed.
SECTION 5.03. PALLIATIVE CARE INTERDISCIPLINARY ADVISORY
COUNCIL. Section 118.003, Health and Safety Code, is repealed.
SECTION 5.04. PERINATAL ADVISORY COUNCIL. Section
241.187(l), Health and Safety Code, is repealed.
SECTION 5.05. TEXAS WINDSTORM INSURANCE ASSOCIATION.
Section 2210.002, Insurance Code, is amended to read as follows:
Sec. 2210.002. SHORT TITLE[; SUNSET PROVISION]. [(a)]
This chapter may be cited as the Texas Windstorm Insurance
Association Act.
[(b) The association is subject to review under Chapter 325,
Government Code (Texas Sunset Act), but is not abolished under that
chapter. The association shall be reviewed during the period in
which state agencies abolished in 2019 are reviewed. The
association shall pay the costs incurred by the Sunset Advisory
Commission in performing the review of the association under this
subsection. The Sunset Advisory Commission shall determine the
costs of the review performed under this subsection, and the
association shall pay the amount of those costs promptly on receipt
of a statement from the Sunset Advisory Commission regarding those
costs. This subsection expires September 1, 2019.]
ARTICLE 6. SUNSET REVIEW PROCESS
SECTION 6.01. DEFINITIONS. Section 325.002(1), Government
Code, is amended to read as follows:
(1) "State agency" means an entity [agency] expressly
made subject to this chapter.
SECTION 6.02. SUNSET ADVISORY COMMISSION. Section
325.003(a), Government Code, is amended to read as follows:
(a) The Sunset Advisory Commission is a legislative agency
that consists of five members of the senate and one public member
appointed by the lieutenant governor and five members of the house
of representatives and one public member appointed by the speaker
of the house. The lieutenant governor and the speaker of the house
may serve as one of the legislative appointees.
SECTION 6.03. COMMISSION DUTIES. Section 325.008(a),
Government Code, is amended to read as follows:
(a) Before January 1 of the year in which a state agency
subject to this chapter and its advisory committees are abolished,
the commission shall:
(1) review and take action necessary to verify the
reports submitted by the agency under Section 325.007;
(2) consult the Legislative Budget Board, the
Governor's Budget, Policy, and Planning Division, the State
Auditor, and the comptroller of public accounts, or their
successors, on the application to the agency of the criteria
provided in Section 325.011;
(3) conduct a review of the agency based on the
criteria provided in Section 325.011 and prepare a written report;
and
(4) review the implementation of commission
recommendations contained in the reports presented to the
legislature during the preceding legislative session and the
resulting legislation and prepare a written report.
SECTION 6.04. RECOMMENDATIONS. Section 325.012(c),
Government Code, is amended to read as follows:
(c) The commission shall have drafts of legislation
prepared to carry out the commission's recommendations under this
section. The commission staff shall provide legislative services
to support the passage of legislation prepared under this section.
SECTION 6.05. RECORDS PROTECTED FROM DISCLOSURE. Section
325.0195, Government Code, is amended by amending Subsection (a)
and adding Subsection (a-1) to read as follows:
(a) A working paper, including all documentary or other
information, prepared or maintained by the commission staff in
performing its duties under this chapter or other law to conduct an
evaluation, [and] prepare a report, draft legislation, or provide
legislative services is privileged and confidential and not subject
to discovery or subpoena, and is excepted from the public
disclosure requirements of Section 552.021.
(a-1) Any record or communication that is held by a state
agency being reviewed under this chapter that is either prepared
for the commission by the state agency or provided to the state
agency by the commission is confidential and excepted from the
public disclosure requirements of Section 552.021. If information
or data within a record or communication made confidential under
this subsection is also maintained in another record, that other
record is not made confidential or excepted from public disclosure
by this subsection.
SECTION 6.06. REPEALER. Sections 325.020 and 325.0123(a),
Government Code, are repealed.
ARTICLE 7. EFFECTIVE DATE
SECTION 7.01. EFFECTIVE DATE. 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, 2017.