Texas 2019 - 86th Regular

Texas House Bill HB1680 Compare Versions

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

Old	New	Differences
1	1	86R11512 MCK-D
2	2	By: Paddie H.B. No. 1680
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the sunset review process and certain governmental
8	8	entities subject to that process.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. ENTITIES GIVEN 2021 SUNSET DATE
11	11	SECTION 1.01. TEXAS A&M FOREST SERVICE. Section 88.1016,
12	12	Education Code, is amended to read as follows:
13	13	Sec. 88.1016. SUNSET PROVISION. The Texas A&M Forest
14	14	Service is subject to Chapter 325, Government Code (Texas Sunset
15	15	Act). Unless continued in existence as provided by that chapter,
16	16	the Texas A&M Forest Service is abolished September 1, 2021 [2023].
17	17	SECTION 1.02. TEACHER RETIREMENT SYSTEM OF TEXAS. Section
18	18	825.006, Government Code, is amended to read as follows:
19	19	Sec. 825.006. SUNSET PROVISION. The board of trustees of
20	20	the Teacher Retirement System of Texas is subject to review under
21	21	Chapter 325 (Texas Sunset Act), but is not abolished under that
22	22	chapter. The board shall be reviewed during the period in which
23	23	state agencies abolished in 2021 [2025], and every 12th year after
24	24	that year, are reviewed.
25	25	SECTION 1.03. CANCER PREVENTION AND RESEARCH INSTITUTE OF
26	26	TEXAS. Section 102.003, Health and Safety Code, is amended to read
27	27	as follows:
28	28	Sec. 102.003. SUNSET PROVISION. The Cancer Prevention and
29	29	Research Institute of Texas is subject to Chapter 325, Government
30	30	Code (Texas Sunset Act). Unless continued in existence as provided
31	31	by that chapter, the institute is abolished and this chapter
32	32	expires September 1, 2021 [2023].
33	33	SECTION 1.04. TEXAS RACING COMMISSION. Section
34	34	2021.008(a), Occupations Code, as effective April 1, 2019, is
35	35	amended to read as follows:
36	36	(a) The commission is subject to Chapter 325, Government
37	37	Code (Texas Sunset Act). Unless continued in existence as provided
38	38	by that chapter, and except as provided by Subsections (b) and (c),
39	39	the commission is abolished and this subtitle expires September 1,
40	40	2021 [2023].
41	41	ARTICLE 2. ENTITIES GIVEN 2023 SUNSET DATE
42	42	SECTION 2.01. LIMITED REVIEW OF THE DEPARTMENT OF FAMILY
43	43	AND PROTECTIVE SERVICES. Section 531.0206(a), Government Code, is
44	44	amended to read as follows:
45	45	(a) The Sunset Advisory Commission shall conduct a
46	46	limited-scope review of the commission during the state fiscal
47	47	biennium ending August 31, 2023, in the manner provided by Chapter
48	48	325 (Texas Sunset Act). The review must provide:
49	49	(1) an update on the commission's progress with
50	50	respect to the consolidation of the health and human services
51	51	system mandated by this subchapter, including the commission's
52	52	compliance with the transition plan required under Section
53	53	531.0204;
54	54	(2) an evaluation and recommendations regarding the
55	55	need to continue the Department of State Health Services as a state
56	56	agency separate from the commission;
57	57	(3) an evaluation and recommendations regarding the
58	58	need to continue the Department of Family and Protective Services
59	59	as a state agency separate from the commission; and
60	60	(4) [(3)] any additional information the Sunset
61	61	Advisory Commission determines appropriate, including information
62	62	regarding any additional organizational changes the Sunset
63	63	Advisory Commission recommends.
64	64	SECTION 2.02. OFFICE OF INSPECTOR GENERAL, HEALTH AND HUMAN
65	65	SERVICES COMMISSION. (a) Section 531.102, Government Code, is
66	66	amended by adding Subsection (y) to read as follows:
67	67	(y) The Sunset Advisory Commission shall conduct a
68	68	special-purpose review of the overall performance of the
69	69	commission's office of inspector general. In conducting the
70	70	review, the Sunset Advisory Commission shall particularly focus on
71	71	the office's investigations and the effectiveness and efficiency of
72	72	the office's processes. The review shall be conducted during the
73	73	period in which state agencies abolished in 2023 are reviewed. The
74	74	office is not abolished solely because the office is not explicitly
75	75	continued following the review required by this subsection. This
76	76	subsection expires September 1, 2023.
77	77	(b) Section 14, Chapter 945 (S.B. 207), Acts of the 84th
78	78	Legislature, Regular Session, 2015, is repealed.
79	79	SECTION 2.03. TEXAS INVASIVE SPECIES COORDINATING
80	80	COMMITTEE. Section 776.007(a), Government Code, is amended to read
81	81	as follows:
82	82	(a) The committee is subject to Chapter 325 (Texas Sunset
83	83	Act). Unless continued in existence as provided by that chapter,
84	84	the committee is abolished and this chapter expires September 1,
85	85	2023 [2021].
86	86	SECTION 2.04. TEXAS JUVENILE JUSTICE BOARD AND TEXAS
87	87	JUVENILE JUSTICE DEPARTMENT. Section 202.010, Human Resources
88	88	Code, is amended to read as follows:
89	89	Sec. 202.010. SUNSET PROVISION. The Texas Juvenile Justice
90	90	Board and the Texas Juvenile Justice Department are subject to
91	91	Chapter 325, Government Code (Texas Sunset Act). Unless continued
92	92	in existence as provided by that chapter, the board and the
93	93	department are abolished September 1, 2023 [2021].
94	94	SECTION 2.05. DIVISION OF WORKERS' COMPENSATION, TEXAS
95	95	DEPARTMENT OF INSURANCE. Section 31.004(b), Insurance Code, is
96	96	amended to read as follows:
97	97	(b) Unless continued as provided by Chapter 325, Government
98	98	Code, the duties of the division of workers' compensation of the
99	99	Texas Department of Insurance under Title 5, Labor Code, expire
100	100	September 1, 2023 [2021], or another date designated by the
101	101	legislature.
102	102	SECTION 2.06. OFFICE OF INJURED EMPLOYEE COUNSEL. Section
103	103	404.003, Labor Code, is amended to read as follows:
104	104	Sec. 404.003. SUNSET PROVISION. The office of injured
105	105	employee counsel is subject to Chapter 325, Government Code (Texas
106	106	Sunset Act). Unless continued in existence as provided by that
107	107	chapter, the office is abolished and this chapter expires September
108	108	1, 2023 [2021].
109	109	SECTION 2.07. UPPER GUADALUPE RIVER AUTHORITY. Section
110	110	1A(a), Chapter 5, page 1062, Special Laws, Acts of the 46th
111	111	Legislature, Regular Session, 1939, is amended to read as follows:
112	112	(a) The District is subject to review under Chapter 325,
113	113	Government Code (Texas Sunset Act), but may not be abolished under
114	114	that chapter. The review shall be conducted under Section 325.025,
115	115	Government Code, as if the District were a state agency scheduled to
116	116	be abolished September 1, 2023 [2021], and every 12th year after
117	117	that year.
118	118	ARTICLE 3. ENTITIES GIVEN 2025 SUNSET DATE
119	119	SECTION 3.01. STATE COMMISSION ON JUDICIAL CONDUCT.
120	120	Section 33.003, Government Code, is amended to read as follows:
121	121	Sec. 33.003. SUNSET PROVISION. The State Commission on
122	122	Judicial Conduct is subject to review under Chapter 325 (Texas
123	123	Sunset Act), but is not abolished under that chapter. The
124	124	commission shall be reviewed during the period in which state
125	125	agencies abolished in 2025, [2023] and every 12th year after that
126	126	year, [2023] are reviewed.
127	127	SECTION 3.02. JUDICIAL BRANCH CERTIFICATION COMMISSION.
128	128	Section 152.001, Government Code, is amended to read as follows:
129	129	Sec. 152.001. SUNSET PROVISION. The Judicial Branch
130	130	Certification Commission is subject to Chapter 325 (Texas Sunset
131	131	Act), but is not abolished under that chapter. The commission shall
132	132	be reviewed during the period in which state agencies abolished in
133	133	2025, [2023] and every 12th year after that year, [2023] are
134	134	reviewed.
135	135	SECTION 3.03. TEXAS BOARD OF CRIMINAL JUSTICE AND TEXAS
136	136	DEPARTMENT OF CRIMINAL JUSTICE. Section 492.012, Government Code,
137	137	is amended to read as follows:
138	138	Sec. 492.012. SUNSET PROVISION. The Texas Board of
139	139	Criminal Justice and the Texas Department of Criminal Justice are
140	140	subject to Chapter 325 (Texas Sunset Act). Unless continued in
141	141	existence as provided by that chapter, the board and the department
142	142	are abolished September 1, 2025 [2021].
143	143	SECTION 3.04. DEPARTMENT OF INFORMATION RESOURCES. Section
144	144	2054.005(a), Government Code, is amended to read as follows:
145	145	(a) The Department of Information Resources is subject to
146	146	Chapter 325 (Texas Sunset Act). Unless continued in existence as
147	147	provided by that chapter, the department is abolished and this
148	148	chapter expires September 1, 2025 [2021].
149	149	SECTION 3.05. ANGELINA AND NECHES RIVER AUTHORITY. Section
150	150	8501.0015(a), Special District Local Laws Code, is amended to read
151	151	as follows:
152	152	(a) The authority is subject to review under Chapter 325,
153	153	Government Code (Texas Sunset Act), but may not be abolished under
154	154	that chapter. The review shall be conducted under Section 325.025,
155	155	Government Code, as if the authority were a state agency scheduled
156	156	to be abolished September 1, 2025 [2023], and every 12th year after
157	157	that year.
158	158	SECTION 3.06. LOWER NECHES VALLEY AUTHORITY. Section
159	159	8504.0021(a), Special District Local Laws Code, is amended to read
160	160	as follows:
161	161	(a) The authority is subject to review under Chapter 325,
162	162	Government Code (Texas Sunset Act), but may not be abolished under
163	163	that chapter. The review shall be conducted under Section 325.025,
164	164	Government Code, as if the authority were a state agency scheduled
165	165	to be abolished September 1, 2025 [2021], and every 12th year after
166	166	that year.
167	167	SECTION 3.07. PUBLIC UTILITY COMMISSION OF TEXAS. Section
168	168	12.005, Utilities Code, is amended to read as follows:
169	169	Sec. 12.005. APPLICATION OF SUNSET ACT. The Public Utility
170	170	Commission of Texas is subject to Chapter 325, Government Code
171	171	(Texas Sunset Act). Unless continued in existence as provided by
172	172	that chapter or by Chapter 39, the commission is abolished and this
173	173	title expires September 1, 2025 [2023].
174	174	SECTION 3.08. OFFICE OF PUBLIC UTILITY COUNSEL. Section
175	175	13.002, Utilities Code, is amended to read as follows:
176	176	Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of
177	177	Public Utility Counsel is subject to Chapter 325, Government Code
178	178	(Texas Sunset Act). Unless continued in existence as provided by
179	179	that chapter, the office is abolished and this chapter expires
180	180	September 1, 2025 [2023].
181	181	SECTION 3.09. TRINITY RIVER AUTHORITY OF TEXAS. Section
182	182	1A(a), Chapter 518, Acts of the 54th Legislature, Regular Session,
183	183	1955, is amended to read as follows:
184	184	(a) The Authority is subject to review under Chapter 325,
185	185	Government Code (Texas Sunset Act), but may not be abolished under
186	186	that chapter. The review shall be conducted under Section 325.025,
187	187	Government Code, as if the Authority were a state agency scheduled
188	188	to be abolished September 1, 2025 [2023], and every 12th year after
189	189	that year.
190	190	ARTICLE 4. ENTITIES GIVEN 2027 SUNSET DATE
191	191	SECTION 4.01. TEXAS EDUCATION AGENCY. Section 7.004,
192	192	Education Code, is amended to read as follows:
193	193	Sec. 7.004. SUNSET PROVISION. The Texas Education Agency
194	194	is subject to Chapter 325, Government Code (Texas Sunset Act).
195	195	Unless continued in existence as provided by that chapter, the
196	196	agency is abolished September 1, 2027 [2025].
197	197	SECTION 4.02. EXPANDED LEARNING OPPORTUNITIES COUNCIL.
198	198	Section 33.254, Education Code, is amended to read as follows:
199	199	Sec. 33.254. SUNSET PROVISION. The council is subject to
200	200	Chapter 325, Government Code (Texas Sunset Act). Unless continued
201	201	in existence as provided by that chapter, the council is abolished
202	202	and this subchapter expires September 1, 2027 [2023].
203	203	SECTION 4.03. TEXAS CIVIL COMMITMENT OFFICE. Section
204	204	420A.004, Government Code, is amended to read as follows:
205	205	Sec. 420A.004. SUNSET PROVISION. The Texas Civil
206	206	Commitment Office is subject to Chapter 325 (Texas Sunset Act).
207	207	Unless continued in existence as provided by that chapter, the
208	208	office is abolished and this chapter expires September 1, 2027
209	209	[2023].
210	210	SECTION 4.04. TEXAS FACILITIES COMMISSION. Section
211	211	2152.002, Government Code, is amended to read as follows:
212	212	Sec. 2152.002. SUNSET PROVISION. The Texas Facilities
213	213	Commission is subject to Chapter 325 (Texas Sunset Act). Unless
214	214	continued in existence as provided by that chapter, the commission
215	215	is abolished and this subtitle, except for Chapter 2170 and Section
216	216	2157.121, expires September 1, 2027 [2021].
217	217	SECTION 4.05. MATERNAL MORTALITY AND MORBIDITY TASK FORCE.
218	218	Section 34.018, Health and Safety Code, is amended to read as
219	219	follows:
220	220	Sec. 34.018. SUNSET PROVISION. The task force is subject to
221	221	Chapter 325, Government Code (Texas Sunset Act). Unless continued
222	222	in existence as provided by that chapter, the task force is
223	223	abolished and this chapter expires September 1, 2027 [2023].
224	224	SECTION 4.06. PUBLIC HEALTH FUNDING AND POLICY COMMITTEE.
225	225	Section 117.002, Health and Safety Code, is amended to read as
226	226	follows:
227	227	Sec. 117.002. APPLICATION OF SUNSET ACT. The Public Health
228	228	Funding and Policy Committee is subject to Chapter 325, Government
229	229	Code (Texas Sunset Act). Unless continued in existence as provided
230	230	by that chapter, the committee is abolished and this chapter
231	231	expires September 1, 2027 [2023].
232	232	SECTION 4.07. PERINATAL ADVISORY COUNCIL. Section
233	233	241.187(l), Health and Safety Code, is amended to read as follows:
234	234	(l) The advisory council is subject to Chapter 325,
235	235	Government Code (Texas Sunset Act). Unless continued in existence
236	236	as provided by that chapter, the advisory council is abolished and
237	237	this section expires September 1, 2027 [2025].
238	238	SECTION 4.08. DEPARTMENT OF STATE HEALTH SERVICES. Section
239	239	1001.003, Health and Safety Code, is amended to read as follows:
240	240	Sec. 1001.003. SUNSET PROVISION. The Department of State
241	241	Health Services is subject to Chapter 325, Government Code (Texas
242	242	Sunset Act). Unless continued in existence as provided by that
243	243	chapter, the department is abolished and this chapter expires
244	244	September 1, 2027 [2023].
245	245	SECTION 4.09. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES.
246	246	Section 40.003, Human Resources Code, is amended to read as
247	247	follows:
248	248	Sec. 40.003. SUNSET PROVISION. The Department of Family
249	249	and Protective Services is subject to Chapter 325, Government Code
250	250	(Texas Sunset Act). Unless continued in existence as provided by
251	251	that chapter, the department is abolished and this chapter expires
252	252	September 1, 2027 [2023].
253	253	SECTION 4.10. STATE USE PROGRAM, TEXAS WORKFORCE
254	254	COMMISSION. Section 122.0012(b), Human Resources Code, is amended
255	255	to read as follows:
256	256	(b) The Texas Workforce Commission's authority to
257	257	administer and oversee the program administered under this chapter
258	258	is subject to Chapter 325, Government Code (Texas Sunset Act).
259	259	Notwithstanding any other law, that authority expires September 1,
260	260	2027 [2021], unless continued in existence as provided by Chapter
261	261	325, Government Code.
262	262	SECTION 4.11. SABINE RIVER AUTHORITY OF TEXAS. Section
263	263	2A(a), Chapter 110, Acts of the 51st Legislature, Regular Session,
264	264	1949, is amended to read as follows:
265	265	(a) The district is subject to review under Chapter 325,
266	266	Government Code (Texas Sunset Act), but may not be abolished under
267	267	that chapter. The review shall be conducted under Section 325.025,
268	268	Government Code, as if the district were a state agency scheduled to
269	269	be abolished September 1, 2027 [2023], and every 12th year after
270	270	that year.
271	271	ARTICLE 5. ENTITY GIVEN 2029 SUNSET DATE
272	272	SECTION 5.01. TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM.
273	273	Section 865.0011, Government Code, is amended to read as follows:
274	274	Sec. 865.0011. SUNSET REVIEW. The state board of the
275	275	pension system is subject to review under Chapter 325 (Texas Sunset
276	276	Act) but is not abolished under that chapter. The state board shall
277	277	be reviewed during the period in which state agencies scheduled to
278	278	be abolished in 2029 [2025], and every 12th year after that year,
279	279	are reviewed.
280	280	ARTICLE 6. ENTITIES REMOVED FROM SPECIFIC SUNSET REVIEW
281	281	SECTION 6.01. REGIONAL EDUCATION SERVICE CENTERS. The
282	282	following laws are repealed:
283	283	(1) Section 8.010, Education Code; and
284	284	(2) Section 2(b), Chapter 916 (S.B. 1404), Acts of the
285	285	85th Legislature, Regular Session, 2017.
286	286	SECTION 6.02. EVALUATION OF STATE PROCUREMENT SYSTEM.
287	287	Section 2151.0042, Government Code, is repealed.
288	288	SECTION 6.03. STATE USE PROGRAM, TEXAS COMPTROLLER OF
289	289	PUBLIC ACCOUNTS. Section 122.0012(a), Human Resources Code, is
290	290	repealed.
291	291	SECTION 6.04. INTERMUNICIPAL COMMUTER RAIL DISTRICTS.
292	292	Section 173.005, Transportation Code, is repealed.
293	293	ARTICLE 7. SUNSET REVIEW PROCESS
294	294	SECTION 7.01. DEFINITIONS. Section 325.002(1), Government
295	295	Code, is amended to read as follows:
296	296	(1) "State agency" means an entity [agency] expressly
297	297	made subject to this chapter.
298	298	SECTION 7.02. SUNSET ADVISORY COMMISSION. Section 325.003,
299	299	Government Code, is amended by amending Subsection (a) and adding
300	300	Subsection (a-1) to read as follows:
301	301	(a) The Sunset Advisory Commission is a legislative agency
302	302	that consists of five members of the senate and one public member
303	303	appointed by the lieutenant governor and five members of the house
304	304	of representatives and one public member appointed by the speaker
305	305	of the house. The lieutenant governor and the speaker of the house
306	306	may serve as one of the legislative appointees.
307	307	(a-1) A public member acts on behalf of the legislature when
308	308	participating on the commission in furtherance of the legislature's
309	309	duty to provide oversight of executive branch agencies'
310	310	implementation of legislative priorities.
311	311	SECTION 7.03. RECOMMENDATIONS. Section 325.0126,
312	312	Government Code, is amended to read as follows:
313	313	Sec. 325.0126. MONITORING OF RECOMMENDATIONS. During each
314	314	legislative session, the staff of the commission shall:
315	315	(1) monitor legislation affecting agencies that have
316	316	undergone sunset review immediately before the legislative
317	317	session;
318	318	(2) notify [and shall periodically report to] the
319	319	members of the commission about any amendment to the legislation
320	320	prepared under Section 325.012(c) that modifies the commission's
321	321	[on proposed changes which would modify prior] recommendations for
322	322	a state agency; and
323	323	(3) provide legislative services to support the
324	324	passage of the legislation prepared under Section 325.012(c) [of
325	325	the commission].
326	326	ARTICLE 8. EFFECTIVE DATE
327	327	SECTION 8.01. EFFECTIVE DATE. This Act takes effect
328	328	immediately if it receives a vote of two-thirds of all the members
329	329	elected to each house, as provided by Section 39, Article III, Texas
330	330	Constitution. If this Act does not receive the vote necessary for
331	331	immediate effect, this Act takes effect September 1, 2019.