Texas 2021 - 87th Regular

Texas Senate Bill SB712 Compare Versions

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

Old	New	Differences
1	1	87R5565 MCK-D
2	2	By: Buckingham S.B. No. 712
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain provisions applicable to state agencies subject
8	8	to review by the Sunset Advisory Commission.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 325, Government Code, is amended by
11	11	designating Sections 325.001 through 325.025 as Subchapter A and
12	12	adding a subchapter heading to read as follows:
13	13	SUBCHAPTER A. SUNSET ADVISORY COMMISSION AND SUNSET REVIEW PROCESS
14	14	SECTION 2. Chapter 325, Government Code, is amended by
15	15	adding Subchapter B to read as follows:
16	16	SUBCHAPTER B. GENERAL PROVISIONS FOR STATE AGENCIES
17	17	Sec. 325.051. APPLICABILITY; CONFLICTS. (a) This
18	18	subchapter applies to a state agency subject to review by the
19	19	commission under this chapter.
20	20	(b) To the extent of any conflict between this subchapter
21	21	and any law relating to a state agency subject to review by the
22	22	commission under this chapter, this subchapter controls.
23	23	Sec. 325.052. PUBLIC MEMBERSHIP ON STATE AGENCY
24	24	POLICYMAKING BODY. A person may not be a public member of the
25	25	policymaking body of a state agency if the person or the person's
26	26	spouse:
27	27	(1) is registered, certified, or licensed by a
28	28	regulatory agency in a field regulated by the state agency;
29	29	(2) is employed by or participates in the management
30	30	of a business entity or other organization regulated by or
31	31	receiving money from the state agency;
32	32	(3) owns or controls, directly or indirectly, more
33	33	than a 10 percent interest in a business entity or other
34	34	organization regulated by or receiving money from the state agency;
35	35	or
36	36	(4) uses or receives a substantial amount of tangible
37	37	goods, services, or money from the state agency other than
38	38	compensation or reimbursement authorized by law for the state
39	39	agency's policymaking body membership, attendance, or expenses.
40	40	Sec. 325.053. PROVISIONS RELATING TO CONFLICTS OF INTEREST.
41	41	(a) In this section, "Texas trade association" means a cooperative
42	42	and voluntarily joined statewide association of business or
43	43	professional competitors in this state designed to assist its
44	44	members and its industry or profession in dealing with mutual
45	45	business or professional problems and in promoting their common
46	46	interest.
47	47	(b) A person may not be a member of the policymaking body of
48	48	a state agency and may not be an employee of the state agency
49	49	employed in a "bona fide executive, administrative, or professional
50	50	capacity," as that phrase is used for purposes of establishing an
51	51	exemption to the overtime provisions of the federal Fair Labor
52	52	Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if:
53	53	(1) the person is an officer, employee, or paid
54	54	consultant of a Texas trade association in a field regulated by the
55	55	state agency; or
56	56	(2) the person's spouse is an officer, manager, or paid
57	57	consultant of a Texas trade association in a field regulated by the
58	58	state agency.
59	59	(c) A person may not be a member of a state agency's
60	60	policymaking body or act as the general counsel to the state
61	61	agency's policymaking body or the state agency if the person is
62	62	required to register as a lobbyist under Chapter 305 because of the
63	63	person's activities for compensation on behalf of a profession
64	64	related to the operation of the state agency.
65	65	Sec. 325.054. GOVERNOR DESIGNATES PRESIDING OFFICER. The
66	66	governor shall designate a member of a state agency's policymaking
67	67	body as the presiding officer of the policymaking body to serve in
68	68	that capacity at the pleasure of the governor.
69	69	Sec. 325.055. GROUNDS FOR REMOVAL OF MEMBERS FROM
70	70	POLICYMAKING BODIES. (a) It is a ground for removal from a state
71	71	agency's policymaking body that a member:
72	72	(1) does not have at the time of taking office the
73	73	qualifications required by law to be a member of the policymaking
74	74	body;
75	75	(2) does not maintain during service on the
76	76	policymaking body the qualifications required by law to be a member
77	77	of the policymaking body;
78	78	(3) is ineligible for membership on the policymaking
79	79	body under law, including provisions relating to public membership,
80	80	conflicts of interest, and lobbying;
81	81	(4) cannot, because of illness or disability,
82	82	discharge the member's duties for a substantial part of the member's
83	83	term; or
84	84	(5) is absent from more than half of the regularly
85	85	scheduled meetings of the policymaking body that the member is
86	86	eligible to attend during a calendar year without an excuse
87	87	approved by a majority vote of the policymaking body.
88	88	(b) The validity of an action of a state agency's
89	89	policymaking body is not affected by the fact that it is taken when
90	90	a ground for removal of a member of the policymaking body exists.
91	91	(c) If the executive head of a state agency has knowledge
92	92	that a potential ground for removal exists, the executive head
93	93	shall notify the presiding officer of the state agency's
94	94	policymaking body of the potential ground. The presiding officer
95	95	shall then notify the governor and the attorney general that a
96	96	potential ground for removal exists. If the potential ground for
97	97	removal involves the presiding officer, the executive head shall
98	98	notify the next highest ranking officer of the policymaking body,
99	99	who shall then notify the governor and the attorney general that a
100	100	potential ground for removal exists.
101	101	Sec. 325.056. TRAINING FOR MEMBERS OF POLICYMAKING BODIES.
102	102	(a) A person who is appointed to and qualifies for office as a
103	103	member of the policymaking body of a state agency may not vote,
104	104	deliberate, or be counted as a member in attendance at a meeting of
105	105	the policymaking body until the person completes a training program
106	106	that complies with this section.
107	107	(b) The training program must provide the person with
108	108	information regarding:
109	109	(1) the law governing the state agency's operations;
110	110	(2) the programs, functions, rules, and budget of the
111	111	state agency;
112	112	(3) the scope of and limitations on the rulemaking
113	113	authority of the policymaking body;
114	114	(4) the results of the most recent formal audit of the
115	115	state agency;
116	116	(5) the requirements of:
117	117	(A) laws relating to open meetings, public
118	118	information, administrative procedure, and disclosure of conflicts
119	119	of interest; and
120	120	(B) other laws applicable to members of a state
121	121	agency policymaking body in performing their duties; and
122	122	(6) any applicable ethics policies adopted by the
123	123	state agency or the Texas Ethics Commission.
124	124	(c) A person appointed to the state agency's policymaking
125	125	body is entitled to reimbursement, as provided by the General
126	126	Appropriations Act, for the travel expenses incurred in attending
127	127	the training program regardless of whether the attendance at the
128	128	program occurs before or after the person qualifies for office.
129	129	(d) The executive head of the state agency shall create a
130	130	training manual that includes the information required by
131	131	Subsection (b). The executive head shall distribute a copy of the
132	132	training manual annually to each member of the policymaking body.
133	133	Each member of the policymaking body shall sign and submit to the
134	134	executive head a statement acknowledging that the member received
135	135	and reviewed the training manual.
136	136	Sec. 325.057. POLICIES TO SEPARATE POLICYMAKING AND STAFF
137	137	FUNCTIONS. The policymaking body of a state agency shall develop
138	138	and implement policies that clearly separate the policymaking
139	139	responsibilities of the policymaking body and the management
140	140	responsibilities of the executive head and the staff of the state
141	141	agency.
142	142	Sec. 325.058. PUBLIC TESTIMONY AT MEETINGS OF POLICYMAKING
143	143	BODIES. The policymaking body of a state agency shall develop and
144	144	implement policies that provide the public with a reasonable
145	145	opportunity to appear before the policymaking body and to speak on
146	146	any issue under the jurisdiction of the state agency.
147	147	Sec. 325.059. COMPLAINT INFORMATION REQUIREMENTS. (a) A
148	148	state agency shall maintain a system to promptly and efficiently
149	149	act on complaints filed with the state agency. The state agency
150	150	shall maintain information about parties to and the subject matter
151	151	of the complaint and a summary of the results of the review or
152	152	investigation of the complaint and the disposition of the
153	153	complaint.
154	154	(b) The state agency shall make information available
155	155	describing its procedures for complaint investigation and
156	156	resolution.
157	157	(c) The state agency shall periodically notify the
158	158	complaint parties of the status of the complaint until final
159	159	disposition unless the notice would jeopardize the investigation.
160	160	SECTION 3. This Act takes effect September 1, 2021.