87R9081 MCK-D
By: Cyrier H.B. No. 1860
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 2023 SUNSET DATE
SECTION 1.01. 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, 2023 [2025].
SECTION 1.02. 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, 2023 [2025].
ARTICLE 2. ENTITIES GIVEN 2025 SUNSET DATE
SECTION 2.01. TEXAS ECONOMIC DEVELOPMENT AND TOURISM
OFFICE. Section 481.003, Government Code, is amended to read as
follows:
Sec. 481.003. SUNSET PROVISION. The Texas Economic
Development and Tourism 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, 2025 [2021].
SECTION 2.02. 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 2.03. TEXAS DEPARTMENT OF INSURANCE AND DIVISION OF
WORKERS' COMPENSATION, TEXAS DEPARTMENT OF INSURANCE. Section
31.004, Insurance Code, is amended to read as follows:
Sec. 31.004. SUNSET PROVISION. (a) The Texas Department
of Insurance is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the department is abolished September 1, 2025 [2023].
(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, 2025 [2023], or another date designated by the
legislature.
SECTION 2.04. OFFICE OF PUBLIC INSURANCE COUNSEL. Section
501.003, Insurance Code, is amended to read as follows:
Sec. 501.003. SUNSET PROVISION. The office is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the office is abolished
September 1, 2025 [2023].
SECTION 2.05. 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, 2025 [2023].
ARTICLE 3. ENTITIES GIVEN 2029 SUNSET DATE
SECTION 3.01. STATE BOARD OF VETERINARY MEDICAL
EXAMINERS. (a) Section 801.003, Occupations Code, is amended to
read as follows:
Sec. 801.003. APPLICATION OF SUNSET ACT. The State Board
of Veterinary Medical 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, 2029 [2021].
(b) The Sunset Advisory Commission shall conduct a
special-purpose review of the State Board of Veterinary Medical
Examiners for the 88th Legislature. In conducting the
special-purpose review under this subsection:
(1) the Sunset Advisory Commission staff evaluation
and report must be limited to reviewing the implementation of the
State Board of Veterinary Medical Examiners' database system and
the board's processes and procedures for collecting and analyzing
data as recommended by the commission to the 87th Legislature; and
(2) the commission's recommendations to the 88th
Legislature may include any recommendation the commission
considers appropriate based on the special-purpose review.
(c) The state auditor shall conduct an effectiveness audit
of the State Board of Veterinary Medical Examiners to evaluate:
(1) the board's implementation of the data-related
recommendations made in the report on the board submitted by the
Sunset Advisory Commission to the 85th Legislature and identified
as not fully implemented in the report on the board submitted by the
commission to the 87th Legislature; and
(2) any additional recommendation made in the Sunset
Advisory Commission's report on the special-purpose review under
Subsection (b) of this section.
(d) The state auditor may not begin the audit required by
Subsection (c) of this section before December 1, 2023, and shall
prepare and submit a report of the findings of the audit to the
chair and executive director of the Sunset Advisory Commission not
later than December 1, 2024.
(e) The state auditor shall include the auditor's duties
under this section in each audit plan under Section 321.013,
Government Code, that governs the auditor's duties for the period
specified by Subsection (d) of this section.
ARTICLE 4. ENTITIES GIVEN 2031 SUNSET DATE
SECTION 4.01. 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, 2031 [2025].
ARTICLE 5. ENTITIES REMOVED FROM SUNSET REVIEW
SECTION 5.01. TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL
COMPACT COMMISSION. Section 403.0054, Health and Safety Code, is
repealed.
ARTICLE 6. SUNSET REVIEW PROCESS
SECTION 6.01. REMOTE MEETINGS. Chapter 325, Government
Code, is amended by adding Sections 325.0091 and 325.0092 to read as
follows:
Sec. 325.0091. MEETINGS USING TELECOMMUNICATION DEVICES.
(a) As an exception to Chapter 551 and other law, if a meeting is
located in Austin and the presiding officers of the commission are
physically present at the meeting, then any number of the other
members and employees of the commission may participate in the
meeting by use of telephone conference call, video conference call,
or other similar telecommunication device.
(b) A member attending a meeting using a telecommunication
device authorized by Subsection (a) is considered to be attending
the meeting for purposes of constituting a quorum, for purposes of
voting, and for any other purpose allowing a member of the
commission to otherwise fully participate in the meeting.
(c) A meeting held by use of telephone conference call,
video conference call, or other similar telecommunication device:
(1) is subject to the notice requirements applicable
to other meetings;
(2) must specify in the notice of the meeting the
location in Austin of the meeting at which the presiding officers
will be physically present;
(3) must be open to the public and shall be audible to
the public at the location in Austin specified in the notice of the
meeting as the location of the meeting at which the presiding
officers will be physically present; and
(4) must provide two-way audio communication between
all members of the commission attending the meeting during the
entire meeting, and if the two-way audio communication link with
any member attending the meeting is disrupted at any time, the
meeting may not continue until the two-way audio communication link
is reestablished.
Sec. 325.0092. MEETINGS DURING STATE OF DISASTER OR
EMERGENCY. (a) During a state of disaster or emergency declared by
the governor the commission may limit public access to the physical
location of a commission meeting.
(b) If public access to a meeting is limited as authorized
by this section, the commission shall:
(1) broadcast the video and audio of the meeting in
real time on the commission's Internet website; and
(2) provide the following information in the notice of
the meeting:
(A) the link to the broadcast on the commission's
Internet website; and
(B) a description of the manner in which the
public will be able to participate in the meeting, including:
(i) any health and safety protocols the
commission imposes to attend the meeting; and
(ii) any procedures for a member of the
public to:
(a) testify electronically or in
person at the meeting; or
(b) electronically submit public
comments without testifying.
(c) If the commission invites witnesses to testify at a
meeting to which public access is limited under this section, the
commission shall make a reasonable effort to invite witnesses
representing different viewpoints on the matters to be considered
at the meeting.
SECTION 6.02. PROCEDURES DURING DECLARED DISASTER. Section
325.0125(b), Government Code, is amended to read as follows:
(b) The commission may only exempt agencies that have been
inactive for a period of two years preceding the date the agency is
scheduled for abolition, [or] that have been rendered inactive by
an action of the legislature, or that the commission determines are
unable to participate in the review due to a declared disaster.
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, 2021.