86R33359 MCK-D
By: Birdwell, et al. S.B. No. 619
(Paddie)
Substitute the following for S.B. No. 619: No.
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 2021 SUNSET DATE
SECTION 1.01. 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 2021 [2025], and every 12th year after
that year, are reviewed.
SECTION 1.02. ANATOMICAL BOARD OF THE STATE OF TEXAS.
Subchapter A, Chapter 691, Health and Safety Code, is amended by
adding Section 691.003 to read as follows:
Sec. 691.003. SUNSET PROVISION. The Anatomical Board of
the State of Texas is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the board is abolished September 1, 2021.
SECTION 1.03. TEXAS DEPARTMENT OF LICENSING AND REGULATION.
Section 51.002, Occupations Code, is amended to read as follows:
Sec. 51.002. APPLICATION OF SUNSET ACT. (a) 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.
(b) The review of the commission and department by the
Sunset Advisory Commission under this section may not include a
review of any program that was transferred to the department on or
after September 1, 2016.
SECTION 1.04. TEXAS RACING COMMISSION. Section
2021.008(a), Occupations Code, is amended to read as follows:
(a) The commission is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, and except as provided by Subsections (b) and (c),
the commission is abolished and this subtitle expires September 1,
2021 [2023].
ARTICLE 2. ENTITIES GIVEN 2023 SUNSET DATE
SECTION 2.01. LIMITED REVIEW OF DEPARTMENT OF FAMILY AND
PROTECTIVE SERVICES. Section 531.0206(a), Government Code, is
amended to read as follows:
(a) The Sunset Advisory Commission shall conduct a
limited-scope review of the commission during the state fiscal
biennium ending August 31, 2023, in the manner provided by Chapter
325 (Texas Sunset Act). The review must provide:
(1) an update on the commission's progress with
respect to the consolidation of the health and human services
system mandated by this subchapter, including the commission's
compliance with the transition plan required under Section
531.0204;
(2) an evaluation and recommendations regarding the
need to continue the Department of State Health Services as a state
agency separate from the commission;
(3) an evaluation and recommendations regarding the
need to continue the Department of Family and Protective Services
as a state agency separate from the commission; and
(4) [(3)] any additional information the Sunset
Advisory Commission determines appropriate, including information
regarding any additional organizational changes the Sunset
Advisory Commission recommends.
SECTION 2.02. OFFICE OF INSPECTOR GENERAL, HEALTH AND HUMAN
SERVICES COMMISSION. (a) Section 531.102, Government Code, is
amended by adding Subsection (y) to read as follows:
(y) The Sunset Advisory Commission shall conduct a
special-purpose review of the overall performance of the
commission's office of inspector general. In conducting the
review, the Sunset Advisory Commission shall particularly focus on
the office's investigations and the effectiveness and efficiency of
the office's processes. The review shall be conducted during the
period in which state agencies abolished in 2023 are reviewed. The
office is not abolished solely because the office is not explicitly
continued following the review required by this subsection. This
subsection expires September 1, 2023.
(b) Section 14, Chapter 945 (S.B. 207), Acts of the 84th
Legislature, Regular Session, 2015, is repealed.
SECTION 2.03. TEXAS INVASIVE SPECIES COORDINATING
COMMITTEE. Section 776.007(a), Government Code, is amended to read
as follows:
(a) The committee is subject to Chapter 325 (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the committee is abolished and this chapter expires September 1,
2023 [2021].
SECTION 2.04. TEXAS JUVENILE JUSTICE BOARD AND TEXAS
JUVENILE JUSTICE DEPARTMENT. Section 202.010, Human Resources
Code, is amended to read as follows:
Sec. 202.010. SUNSET PROVISION. The Texas Juvenile Justice
Board and the Texas Juvenile Justice Department are subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the board and the
department are abolished September 1, 2023 [2021].
SECTION 2.05. DIVISION OF WORKERS' COMPENSATION, TEXAS
DEPARTMENT OF INSURANCE. Section 31.004(b), Insurance Code, is
amended to read as follows:
(b) Unless continued as provided by Chapter 325, Government
Code, the duties of the division of workers' compensation of the
Texas Department of Insurance under Title 5, Labor Code, expire
September 1, 2023 [2021], or another date designated by the
legislature.
SECTION 2.06. OFFICE OF INJURED EMPLOYEE COUNSEL. Section
404.003, Labor Code, is amended to read as follows:
Sec. 404.003. SUNSET PROVISION. The office of injured
employee counsel is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the office is abolished and this chapter expires September
1, 2023 [2021].
SECTION 2.07. 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, 2023 [2021], and every 12th year after
that year.
ARTICLE 3. ENTITIES GIVEN 2025 SUNSET DATE
SECTION 3.01. STATE COMMISSION ON JUDICIAL CONDUCT.
Section 33.003, Government Code, is amended to read as follows:
Sec. 33.003. SUNSET PROVISION. The State Commission on
Judicial Conduct is subject to review under Chapter 325 (Texas
Sunset Act), but is not abolished under that chapter. The
commission shall be reviewed during the period in which state
agencies abolished in 2025, [2023] and every 12th year after that
year, [2023] are reviewed.
SECTION 3.02. JUDICIAL BRANCH CERTIFICATION COMMISSION.
Section 152.001, Government Code, is amended to read as follows:
Sec. 152.001. SUNSET PROVISION. The Judicial Branch
Certification Commission is subject to Chapter 325 (Texas Sunset
Act), but is not abolished under that chapter. The commission shall
be reviewed during the period in which state agencies abolished in
2025, [2023] and every 12th year after that year, [2023] are
reviewed.
SECTION 3.03. TEXAS BOARD OF CRIMINAL JUSTICE AND TEXAS
DEPARTMENT OF CRIMINAL JUSTICE. Section 492.012, Government Code,
is amended to read as follows:
Sec. 492.012. SUNSET PROVISION. The Texas Board of
Criminal Justice and the Texas Department of Criminal Justice are
subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the board and the department
are abolished September 1, 2025 [2021].
SECTION 3.04. DEPARTMENT OF INFORMATION RESOURCES. Section
2054.005(a), Government Code, is amended to read as follows:
(a) The Department of Information Resources is subject to
Chapter 325 (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the department is abolished and this
chapter expires September 1, 2025 [2021].
SECTION 3.05. ANGELINA AND NECHES RIVER AUTHORITY. Section
8501.0015(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, 2025 [2023], and every 12th year after
that year.
SECTION 3.06. 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, 2025 [2021], and every 12th year after
that year.
SECTION 3.07. PUBLIC UTILITY COMMISSION OF TEXAS. Section
12.005, Utilities Code, is amended to read as follows:
Sec. 12.005. APPLICATION OF SUNSET ACT. The Public Utility
Commission of Texas is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter or by Chapter 39, the commission is abolished and this
title expires September 1, 2025 [2023].
SECTION 3.08. OFFICE OF PUBLIC UTILITY COUNSEL. Section
13.002, Utilities Code, is amended to read as follows:
Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of
Public Utility Counsel is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the office is abolished and this chapter expires
September 1, 2025 [2023].
SECTION 3.09. 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, 2025 [2021], and every 12th year after
that year.
SECTION 3.10. 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, 2025 [2023], and every 12th year after
that year.
ARTICLE 4. ENTITIES GIVEN 2027 SUNSET DATE
SECTION 4.01. TEXAS EDUCATION AGENCY. Section 7.004,
Education Code, is amended to read as follows:
Sec. 7.004. SUNSET PROVISION. (a) The Texas Education
Agency is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the agency is abolished September 1, 2027 [2025].
(b) As part of the Sunset Advisory Commission's review of
the agency under Subsection (a), the commission in coordination
with the agency shall select for review three regional education
service centers that serve diverse geographic areas of the state
and diverse population sizes. The commission's review of the
agency must include an evaluation of the agency's oversight of the
centers.
SECTION 4.02. EXPANDED LEARNING OPPORTUNITIES COUNCIL.
Section 33.254, Education Code, is amended to read as follows:
Sec. 33.254. SUNSET PROVISION. The council is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the council is abolished
and this subchapter expires September 1, 2027 [2023].
SECTION 4.03. TEXAS A&M FOREST SERVICE. Section 88.1016,
Education Code, is amended to read as follows:
Sec. 88.1016. SUNSET PROVISION. The Texas A&M Forest
Service is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the Texas A&M Forest Service is abolished September 1, 2027 [2023].
SECTION 4.04. TEXAS CIVIL COMMITMENT OFFICE. Section
420A.004, Government Code, is amended to read as follows:
Sec. 420A.004. SUNSET PROVISION. The Texas Civil
Commitment Office 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, 2027
[2023].
SECTION 4.05. 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, 2027 [2021].
SECTION 4.06. MATERNAL MORTALITY AND MORBIDITY TASK FORCE.
Section 34.018, Health and Safety Code, is amended to read as
follows:
Sec. 34.018. SUNSET PROVISION. The task force is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the task force is
abolished and this chapter expires September 1, 2027 [2023].
SECTION 4.07. PUBLIC HEALTH FUNDING AND POLICY COMMITTEE.
Section 117.002, Health and Safety Code, is amended to read as
follows:
Sec. 117.002. APPLICATION OF SUNSET ACT. The Public Health
Funding and Policy Committee is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the committee is abolished and this chapter
expires September 1, 2027 [2023].
SECTION 4.08. PERINATAL ADVISORY COUNCIL. Section
241.187(l), Health and Safety Code, is amended to read as follows:
(l) The advisory council is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the advisory council is abolished and
this section expires September 1, 2027 [2025].
SECTION 4.09. DEPARTMENT OF STATE HEALTH SERVICES. Section
1001.003, Health and Safety Code, is amended to read as follows:
Sec. 1001.003. SUNSET PROVISION. The Department of State
Health Services is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the department is abolished and this chapter expires
September 1, 2027 [2023].
SECTION 4.10. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES.
Section 40.003, Human Resources Code, is amended to read as
follows:
Sec. 40.003. SUNSET PROVISION. The Department of Family
and Protective Services is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the department is abolished and this chapter expires
September 1, 2027 [2023].
SECTION 4.11. STATE USE PROGRAM, TEXAS WORKFORCE
COMMISSION. Section 122.0012(b), Human Resources Code, is amended
to read as follows:
(b) The Texas Workforce Commission's authority to
administer and oversee the program administered under this chapter
is subject to Chapter 325, Government Code (Texas Sunset Act).
Notwithstanding any other law, that authority expires September 1,
2027 [2021], unless continued in existence as provided by Chapter
325, Government Code.
ARTICLE 5. ENTITY GIVEN 2029 SUNSET DATE
SECTION 5.01. TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM.
Section 865.0011, Government Code, is amended to read as follows:
Sec. 865.0011. SUNSET REVIEW. The state board of the
pension system is subject to review under Chapter 325 (Texas Sunset
Act) but is not abolished under that chapter. The state board shall
be reviewed during the period in which state agencies scheduled to
be abolished in 2029 [2025], and every 12th year after that year,
are reviewed.
ARTICLE 6. ENTITIES REMOVED FROM SPECIFIC SUNSET REVIEW
SECTION 6.01. REGIONAL EDUCATION SERVICE CENTERS. The
following laws are repealed:
(1) Section 8.010, Education Code; and
(2) Section 2(b), Chapter 916 (S.B. 1404), Acts of the
85th Legislature, Regular Session, 2017.
SECTION 6.02. STATE PROCUREMENT SYSTEM AND RELATED
COMPTROLLER AUTHORITY. Sections 2151.0041 and 2151.0042,
Government Code, are repealed.
SECTION 6.03. STATE USE PROGRAM, TEXAS COMPTROLLER OF
PUBLIC ACCOUNTS. Section 122.0012(a), Human Resources Code, is
repealed.
SECTION 6.04. INTERMUNICIPAL COMMUTER RAIL DISTRICTS.
Section 173.005, Transportation Code, is repealed.
ARTICLE 7. SUNSET REVIEW PROCESS
SECTION 7.01. 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 7.02. SUNSET ADVISORY COMMISSION. Section 325.003,
Government Code, is amended by amending Subsections (a) and (e) and
adding Subsections (a-1) and (e-1) 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.
(a-1) A public member acts on behalf of the legislature when
participating on the commission in furtherance of the legislature's
duty to provide oversight of executive branch agencies'
implementation of legislative priorities.
(e) Members other than the lieutenant governor and the
speaker are subject to the following restrictions:
(1) after a legislative member [an individual] serves
two terms [six years] on the commission or a public member serves
three terms on the commission, the individual is not eligible for
appointment to another term or part of a term;
(2) a legislative member who serves a full term may not
be appointed to an immediately succeeding term; and
(3) a public member may not serve more than two
consecutive terms, and, for purposes of this prohibition, a member
is considered to have served a term only if the member has served
more than half of the term.
(e-1) If an individual serves for less than a full term, the
term is not counted toward determining the individual's eligibility
to serve on the commission under Subsection (e)(1) unless the
individual was a member of the commission for each public hearing at
which the state agencies being reviewed during the individual's
term were discussed.
SECTION 7.03. PUBLIC HEARINGS. Section 325.009, Government
Code, is amended by adding Subsection (c) to read as follows:
(c) Notwithstanding Subsection (a), the commission may not
discuss in a public hearing the application to an agency of the
criteria provided in Section 325.011(14). The commission staff
shall notify the commission of any findings and recommendations
regarding the criteria provided in Section 325.011(14).
SECTION 7.04. REPORTS. Section 325.010(b), Government
Code, is amended to read as follows:
(b) In the report the commission shall include:
(1) its findings regarding the criteria prescribed by
Section 325.011, except Section 325.011(14);
(2) its recommendations based on the matters
prescribed by Section 325.012, except recommendations relating to
criteria prescribed by Section 325.011(14); and
(3) other information the commission considers
necessary for a complete review of the agency.
SECTION 7.05. RECOMMENDATIONS. Section 325.0126,
Government Code, is amended to read as follows:
Sec. 325.0126. MONITORING OF RECOMMENDATIONS. During each
legislative session, the staff of the commission shall:
(1) monitor legislation affecting agencies that have
undergone sunset review immediately before the legislative
session;
(2) notify [and shall periodically report to] the
members of the commission about any amendment to the legislation
prepared under Section 325.012(c) that modifies the commission's
[on proposed changes which would modify prior] recommendations for
a state agency; and
(3) provide legislative services to support the
passage of the legislation prepared under Section 325.012(c) [of
the commission].
SECTION 7.06. CONFIDENTIALITY OF INFORMATION. Section
325.019, Government Code, is amended by adding Subsection (d) to
read as follows:
(d) Communications, including conversations,
correspondence, and electronic communications, between the
commission or its staff and a state agency that relate to a request
by the commission for assistance in conducting a review under this
chapter are confidential. A state agency's internal communications
related to a request for assistance by the commission are
confidential, including any information prepared or maintained by
the state agency at the request of the commission or its staff.
With respect to a document, file, or other record prepared or
maintained by the state agency that was created in the normal course
of the agency's business and not at the request of the commission,
the confidentiality created by this subsection applies only to
information in the possession of the commission.
SECTION 7.07. RIVER AUTHORITIES. Section 325.025(b),
Government Code, as amended by Chapters 975 (S.B. 2262) and 1046
(H.B. 1920), Acts of the 85th Legislature, Regular Session, 2017,
is reenacted to read as follows:
(b) This section applies to the:
(1) Angelina and Neches River Authority;
(2) Bandera County River Authority and Groundwater
District;
(3) Brazos River Authority;
(4) Guadalupe-Blanco River Authority;
(5) Lavaca-Navidad River Authority;
(6) Lower Colorado River Authority;
(7) Lower Neches Valley Authority;
(8) Nueces River Authority;
(9) Red River Authority of Texas;
(10) Sabine River Authority of Texas;
(11) San Antonio River Authority;
(12) San Jacinto River Authority;
(13) Sulphur River Basin Authority;
(14) Trinity River Authority of Texas;
(15) Upper Colorado River Authority; and
(16) Upper Guadalupe River Authority.
ARTICLE 8. TRANSITION AND EFFECTIVE DATE
SECTION 8.01. TRANSITION. To the extent of any conflict,
this Act prevails over another Act of the 86th Legislature, Regular
Session, 2019, relating to nonsubstantive additions to and
corrections in enacted codes.
SECTION 8.02. 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, 2019.