Texas 2017 - 85th 1st C.S.

Texas House Bill HB297 Compare Versions

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

Old	New	Differences
1	1	85S10993 MTB-D
2	2	By: Phillips H.B. No. 297
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Joint Committee to Review the Sunset
8	8	Advisory Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle C, Title 3, Government Code, is amended
11	11	by adding Chapter 327 to read as follows:
12	12	CHAPTER 327. JOINT COMMITTEE TO REVIEW THE SUNSET ADVISORY
13	13	COMMISSION
14	14	Sec. 327.001. DEFINITIONS. In this chapter:
15	15	(1) "Committee" means the Joint Committee to Review
16	16	the Sunset Advisory Commission.
17	17	(2) "Executive head of a state agency" means the
18	18	director, executive director, commissioner, administrator, chief
19	19	clerk, or other individual who is appointed by the governing body or
20	20	highest officer of the state agency to act as the chief executive or
21	21	administrative officer of the agency.
22	22	Sec. 327.002. JOINT COMMITTEE TO REVIEW THE SUNSET ADVISORY
23	23	COMMISSION. (a) The Joint Committee to Review the Sunset Advisory
24	24	Commission consists of:
25	25	(1) three members of the senate and one public member
26	26	appointed by the lieutenant governor;
27	27	(2) three members of the house of representatives and
28	28	one public member appointed by the speaker of the house; and
29	29	(3) two executive heads of state agencies and one
30	30	public member appointed by the governor.
31	31	(b) The lieutenant governor and the speaker of the house may
32	32	serve as one of the legislative appointees.
33	33	(c) A public member of the committee may not concurrently be
34	34	serving as a member of the Sunset Advisory Commission.
35	35	(d) Not more than one legislative member of the committee
36	36	from each house may concurrently be serving as a member of the
37	37	Sunset Advisory Commission.
38	38	(e) If a vacancy occurs, the appropriate appointing
39	39	authority shall appoint a person to serve for the remainder of the
40	40	unexpired term in the same manner as the original appointment.
41	41	(f) The lieutenant governor shall designate one of the
42	42	committee members appointed by the lieutenant governor to serve as
43	43	joint chair of the committee. The speaker of the house of
44	44	representatives shall designate one of the committee members
45	45	appointed by the speaker to serve as joint chair of the committee.
46	46	(g) Each member of the committee is entitled to
47	47	reimbursement for actual and necessary expenses incurred in
48	48	performing committee duties. Each legislative member is entitled to
49	49	reimbursement from the appropriate fund of the member's respective
50	50	house. Each public member and committee member appointed by the
51	51	governor is entitled to reimbursement from funds appropriated to
52	52	the committee.
53	53	Sec. 327.003. STAFF. The committee shall employ persons
54	54	necessary to carry out this chapter through funds made available by
55	55	the legislature.
56	56	Sec. 327.004. COMMITTEE DUTIES. Before December 1, 2018,
57	57	the committee shall consider whether a public need exists for the
58	58	continuation of the Sunset Advisory Commission. In making the
59	59	determination, the committee shall consider:
60	60	(1) the efficiency and effectiveness with which the
61	61	commission operates, including the cost of maintaining the
62	62	commission and its staff as well as any savings realized by the work
63	63	of the commission;
64	64	(2) the mission and goals intended for the commission
65	65	and the problem or need that the commission was intended to address;
66	66	(3) the extent to which the commission's mission and
67	67	goals have been achieved and the problem or need has been addressed;
68	68	(4) the commission's activities that are authorized by
69	69	statute and any other commission activity and authority for those
70	70	activities and the extent to which those activities are needed;
71	71	(5) whether less restrictive or alternative methods of
72	72	performing any function that the commission performs could
73	73	adequately protect or provide service to the public; and
74	74	(6) an assessment of the commission's rulemaking
75	75	processes, including the extent to which the commission has
76	76	encouraged participation by the public in making its decisions and
77	77	the extent to which public participation has resulted in rules that
78	78	benefit the public.
79	79	Sec. 327.005. REPORT TO LEGISLATURE. (a) Not later than
80	80	December 1, 2018, the committee shall report its findings to the
81	81	legislature.
82	82	(b) In its report to the legislature, the committee shall
83	83	make recommendations:
84	84	(1) on the abolishment, continuation, or
85	85	reorganization of the Sunset Advisory Commission and on the need
86	86	for the performance of the functions of the commission; and
87	87	(2) to improve the operations of the Sunset Advisory
88	88	Commission and its governing body, including management
89	89	recommendations that do not require a change in the commission's
90	90	enabling statute.
91	91	(c) The committee shall include the estimated fiscal impact
92	92	of its recommendations and may recommend appropriation levels for
93	93	the Sunset Advisory Commission.
94	94	Sec. 327.006. SUBPOENA POWER. (a) The committee may issue
95	95	process to compel the attendance of witnesses and the production of
96	96	books, records, papers, and other objects necessary or proper for
97	97	the purposes of the committee proceedings. The process may be
98	98	served on a witness at any place in this state.
99	99	(b) If a majority of the committee directs the issuance of a
100	100	subpoena, a joint chair shall issue the subpoena in the name of the
101	101	committee.
102	102	(c) If both joint chairs are absent, a designee of one of the
103	103	joint chairs may issue a subpoena or other process in the same
104	104	manner as the joint chair.
105	105	(d) If necessary to obtain compliance with a subpoena or
106	106	other process, the committee may issue attachments. The
107	107	attachments may be addressed to and served by any peace officer in
108	108	this state.
109	109	(e) Testimony taken under subpoena must be reduced to
110	110	writing and given under oath subject to the penalties of perjury.
111	111	(f) A witness who attends a committee proceeding under
112	112	process is entitled to the same mileage and per diem as a witness
113	113	who appears before a grand jury in this state.
114	114	Sec. 327.007. ASSISTANCE OF AND ACCESS TO STATE AGENCIES.
115	115	(a) The committee may request the assistance of state agencies and
116	116	officers. When assistance is requested, a state agency or officer
117	117	shall assist the committee.
118	118	(b) In carrying out its functions under this chapter, the
119	119	committee or its designated staff member may inspect the records,
120	120	documents, and files of any state agency.
121	121	Sec. 327.008. RECORDS PROTECTED FROM DISCLOSURE. (a) A
122	122	working paper, including all documentary or other information,
123	123	prepared or maintained by the committee staff in performing its
124	124	duties under this chapter or other law to conduct an evaluation and
125	125	prepare a report is excepted from the public disclosure
126	126	requirements of Section 552.021.
127	127	(b) A record held by another entity that is considered to be
128	128	confidential by law and that the committee receives in connection
129	129	with the performance of the committee's functions under this
130	130	chapter or another law remains confidential and is excepted from
131	131	the public disclosure requirements of Section 552.021.
132	132	Sec. 327.009. EXPIRATION. This chapter expires January 1,
133	133	2019.
134	134	SECTION 2. This Act takes effect immediately if it receives
135	135	a vote of two-thirds of all the members elected to each house, as
136	136	provided by Section 39, Article III, Texas Constitution. If this
137	137	Act does not receive the vote necessary for immediate effect, this
138	138	Act takes effect December 1, 2017.