Texas 2021 - 87th Regular

Texas House Bill HB1575 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R5565 MCK-D
1	2		By: Cyrier H.B. No. 1575
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6	7		relating to certain provisions applicable to state agencies subject
7	8		to review by the Sunset Advisory Commission.
8	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	10		SECTION 1. Chapter 325, Government Code, is amended by
10	11		designating Sections 325.001 through 325.025 as Subchapter A and
11	12		adding a subchapter heading to read as follows:
12	13		SUBCHAPTER A. SUNSET ADVISORY COMMISSION AND SUNSET REVIEW PROCESS
13	14		SECTION 2. Chapter 325, Government Code, is amended by
14	15		adding Subchapter B to read as follows:
15	16		SUBCHAPTER B. GENERAL PROVISIONS FOR STATE AGENCIES
16		-	Sec. 325.051. APPLICABILITY; CONFLICTS. (a) Except as
17		-	provided by Subsection (b), this subchapter applies to a state
18		-	agency in the executive branch of state government that is subject
19		-	to review by the commission under this chapter.
20		-	(b) This subchapter does not apply to:
21		-	(1) an advisory committee as defined by Section
22		-	2110.001;
23		-	(2) a river authority listed in Section 325.025;
24		-	(3) an entity subject to a one time review by the
25		-	commission;
26		-	(4) a division of a state agency that is reviewed
27		-	independently of the state agency as a whole;
28		-	(5) a state agency that does not have a policymaking
29		-	body but is governed by a single elected or appointed officer;
30		-	(6) an office of inspector general, ombudsman, or
31		-	counsel; or
32		-	(7) the following state agencies:
33		-	(A) the Cancer Prevention and Research Institute
34		-	of Texas;
35		-	(B) the Texas Economic Development and Tourism
36		-	Office;
37		-	(C) the Electric Reliability Council of Texas;
38		-	(D) state employee charitable campaign policy
39		-	committee;
40		-	(E) the Texas Health Services Authority;
41		-	(F) the State Preservation Board;
42		-	(G) the Office of State-Federal Relations;
43		-	(H) the Texas Windstorm Insurance Association;
44		-	or
45		-	(I) the Texas Low-Level Radioactive Waste
46		-	Disposal Compact Commission.
47		-	(c) To the extent of any conflict between this subchapter
	17	+	Sec. 325.051. APPLICABILITY; CONFLICTS. (a) This
	18	+	subchapter applies to a state agency subject to review by the
	19	+	commission under this chapter.
	20	+	(b) To the extent of any conflict between this subchapter
48	21		and any law relating to a state agency subject to review by the
49	22		commission under this chapter, this subchapter controls.
50	23		Sec. 325.052. PUBLIC MEMBERSHIP ON STATE AGENCY
51	24		POLICYMAKING BODY. A person may not be a public member of the
52	25		policymaking body of a state agency if the person or the person's
53	26		spouse:
54	27		(1) is registered, certified, or licensed by a
55	28		regulatory agency in a field regulated by the state agency;
56	29		(2) is employed by or participates in the management
57	30		of a business entity or other organization regulated by or
58	31		receiving money from the state agency;
59	32		(3) owns or controls, directly or indirectly, more
60	33		than a 10 percent interest in a business entity or other
61	34		organization regulated by or receiving money from the state agency;
62	35		or
63	36		(4) uses or receives a substantial amount of tangible
64	37		goods, services, or money from the state agency other than
65	38		compensation or reimbursement authorized by law for the state
66	39		agency's policymaking body membership, attendance, or expenses.
67	40		Sec. 325.053. PROVISIONS RELATING TO CONFLICTS OF INTEREST.
68	41		(a) In this section, "Texas trade association" means a cooperative
69	42		and voluntarily joined statewide association of business or
70	43		professional competitors in this state designed to assist its
71	44		members and its industry or profession in dealing with mutual
72	45		business or professional problems and in promoting their common
73	46		interest.
74	47		(b) A person may not be a member of the policymaking body of
75	48		a state agency and may not be an employee of the state agency
76	49		employed in a "bona fide executive, administrative, or professional
77	50		capacity," as that phrase is used for purposes of establishing an
78	51		exemption to the overtime provisions of the federal Fair Labor
79	52		Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
80	53		(1) the person is an officer, employee, or paid
81	54		consultant of a Texas trade association in a field regulated by the
82	55		state agency; or
83	56		(2) the person's spouse is an officer, manager, or paid
84	57		consultant of a Texas trade association in a field regulated by the
85	58		state agency.
86	59		(c) A person may not be a member of a state agency's
87	60		policymaking body or act as the general counsel to the state
88	61		agency's policymaking body or the state agency if the person is
89	62		required to register as a lobbyist under Chapter 305 because of the
90	63		person's activities for compensation on behalf of a profession
91	64		related to the operation of the state agency.
92	65		Sec. 325.054. GOVERNOR DESIGNATES PRESIDING OFFICER. The
93	66		governor shall designate a member of a state agency's policymaking
94	67		body as the presiding officer of the policymaking body to serve in
95	68		that capacity at the pleasure of the governor.
96	69		Sec. 325.055. GROUNDS FOR REMOVAL OF MEMBERS FROM
97	70		POLICYMAKING BODIES. (a) It is a ground for removal from a state
98	71		agency's policymaking body that a member:
99	72		(1) does not have at the time of taking office the
100	73		qualifications required by law to be a member of the policymaking
101	74		body;
102	75		(2) does not maintain during service on the
103	76		policymaking body the qualifications required by law to be a member
104	77		of the policymaking body;
105	78		(3) is ineligible for membership on the policymaking
106	79		body under law, including provisions relating to public membership,
107	80		conflicts of interest, and lobbying;
108	81		(4) cannot, because of illness or disability,
109	82		discharge the member's duties for a substantial part of the member's
110	83		term; or
111	84		(5) is absent from more than half of the regularly
112	85		scheduled meetings of the policymaking body that the member is
113	86		eligible to attend during a calendar year without an excuse
114	87		approved by a majority vote of the policymaking body.
115	88		(b) The validity of an action of a state agency's
116	89		policymaking body is not affected by the fact that it is taken when
117	90		a ground for removal of a member of the policymaking body exists.
118	91		(c) If the executive head of a state agency has knowledge
119	92		that a potential ground for removal exists, the executive head
120	93		shall notify the presiding officer of the state agency's
121	94		policymaking body of the potential ground. The presiding officer
122	95		shall then notify the governor and the attorney general that a
123	96		potential ground for removal exists. If the potential ground for
124	97		removal involves the presiding officer, the executive head shall
125	98		notify the next highest ranking officer of the policymaking body,
126	99		who shall then notify the governor and the attorney general that a
127	100		potential ground for removal exists.
128	101		Sec. 325.056. TRAINING FOR MEMBERS OF POLICYMAKING BODIES.
129	102		(a) A person who is appointed to and qualifies for office as a
130	103		member of the policymaking body of a state agency may not vote,
131	104		deliberate, or be counted as a member in attendance at a meeting of
132	105		the policymaking body until the person completes a training program
133	106		that complies with this section.
134	107		(b) The training program must provide the person with
135	108		information regarding:
136	109		(1) the law governing the state agency's operations;
137	110		(2) the programs, functions, rules, and budget of the
138	111		state agency;
139	112		(3) the scope of and limitations on the rulemaking
140	113		authority of the policymaking body;
141	114		(4) the results of the most recent formal audit of the
142	115		state agency;
143	116		(5) the requirements of:
144	117		(A) laws relating to open meetings, public
145	118		information, administrative procedure, and disclosure of conflicts
146	119		of interest; and
147	120		(B) other laws applicable to members of a state
148	121		agency policymaking body in performing their duties; and
149	122		(6) any applicable ethics policies adopted by the
150	123		state agency or the Texas Ethics Commission.
151	124		(c) A person appointed to the state agency's policymaking
152	125		body is entitled to reimbursement, as provided by the General
153	126		Appropriations Act, for the travel expenses incurred in attending
154	127		the training program regardless of whether the attendance at the
155	128		program occurs before or after the person qualifies for office.
156	129		(d) The executive head of the state agency shall create a
157	130		training manual that includes the information required by
158	131		Subsection (b). The executive head shall distribute a copy of the
159	132		training manual annually to each member of the policymaking body.
160	133		Each member of the policymaking body shall sign and submit to the
161	134		executive head a statement acknowledging that the member received
162	135		and reviewed the training manual.
163	136		Sec. 325.057. POLICIES TO SEPARATE POLICYMAKING AND STAFF
164	137		FUNCTIONS. The policymaking body of a state agency shall develop
165	138		and implement policies that clearly separate the policymaking
166	139		responsibilities of the policymaking body and the management
167	140		responsibilities of the executive head and the staff of the state
168	141		agency.
169	142		Sec. 325.058. PUBLIC TESTIMONY AT MEETINGS OF POLICYMAKING
170	143		BODIES. The policymaking body of a state agency shall develop and
171	144		implement policies that provide the public with a reasonable
172	145		opportunity to appear before the policymaking body and to speak on
173	146		any issue under the jurisdiction of the state agency.
174	147		Sec. 325.059. COMPLAINT INFORMATION REQUIREMENTS. (a) A
175	148		state agency shall maintain a system to promptly and efficiently
176	149		act on complaints filed with the state agency. The state agency
177	150		shall maintain information about parties to and the subject matter
178	151		of the complaint and a summary of the results of the review or
179	152		investigation of the complaint and the disposition of the
180	153		complaint.
181	154		(b) The state agency shall make information available
182	155		describing its procedures for complaint investigation and
183	156		resolution.
184	157		(c) The state agency shall periodically notify the
185	158		complaint parties of the status of the complaint until final
186	159		disposition unless the notice would jeopardize the investigation.
187	160		SECTION 3. This Act takes effect September 1, 2021.