Texas 2021 - 87th Regular

Texas Senate Bill SB713 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 713
	1	+	By: Buckingham S.B. No. 713
	2	+	(Cyrier)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the sunset review process and certain governmental
6	8		entities subject to that process.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		ARTICLE 1. ENTITIES GIVEN 2023 SUNSET DATE
9	11		SECTION 1.01. TEXAS ECONOMIC DEVELOPMENT AND TOURISM
10	12		OFFICE. Section 481.003, Government Code, is amended to read as
11	13		follows:
12	14		Sec. 481.003. SUNSET PROVISION. The Texas Economic
13	15		Development and Tourism Office is subject to Chapter 325 (Texas
14	16		Sunset Act). Unless continued in existence as provided by that
15	17		chapter, the office is abolished and this chapter expires September
16	18		1, 2023 [2021].
17	19		SECTION 1.02. OFFICE OF STATE-FEDERAL RELATIONS. Section
18	20		751.003, Government Code, is amended to read as follows:
19	21		Sec. 751.003. SUNSET PROVISION. The Office of
20	22		State-Federal Relations is subject to Chapter 325 (Texas Sunset
21	23		Act). Unless continued in existence as provided by that chapter,
22	24		the office is abolished and this chapter expires September 1, 2023
23	25		[2021].
24		-	SECTION 1.03. ANATOMICAL BOARD OF THE STATE OF TEXAS.
25		-	Section 691.003, Health and Safety Code, is amended to read as
26		-	follows:
27		-	Sec. 691.003. SUNSET PROVISION. The Anatomical Board of
28		-	the State of Texas is subject to Chapter 325, Government Code (Texas
29		-	Sunset Act). Unless continued in existence as provided by that
30		-	chapter, the board is abolished September 1, 2023 [2021].
31		-	SECTION 1.04. TEXAS COMMISSION OF LICENSING AND REGULATION;
32		-	TEXAS DEPARTMENT OF LICENSING AND REGULATION. Section 51.002(a),
33		-	Occupations Code, is amended to read as follows:
34		-	(a) The Texas Commission of Licensing and Regulation and the
35		-	Texas Department of Licensing and Regulation are subject to Chapter
36		-	325, Government Code (Texas Sunset Act). Unless continued in
37		-	existence as provided by that chapter, the commission and the
38		-	department are abolished September 1, 2023 [2021].
39		-	SECTION 1.05. TEXAS COMMISSION ON LAW ENFORCEMENT. (a)
40		-	Section 1701.002, Occupations Code, is amended to read as follows:
41		-	Sec. 1701.002. APPLICATION OF SUNSET ACT. The Texas
42		-	Commission on Law Enforcement is subject to Chapter 325, Government
43		-	Code (Texas Sunset Act). Unless continued in existence as provided
44		-	by that chapter, the commission is abolished and this chapter
45		-	expires September 1, 2023 [2021].
46		-	(b) For purposes of Section 1701.002, Occupations Code, as
47		-	amended by this Act, the Sunset Advisory Commission shall conduct a
48		-	limited-scope review of the Texas Commission on Law Enforcement for
49		-	the 88th Legislature.
50		-	(c) In conducting the limited-scope review under this
51		-	section, the Sunset Advisory Commission staff evaluation and report
52		-	must be limited to reviewing the appropriateness of the Sunset
53		-	Advisory Commission's recommendations for the Texas Commission on
54		-	Law Enforcement made to the 87th Legislature.
55		-	(d) The Sunset Advisory Commission's recommendations to the
56		-	88th Legislature may include any recommendation the commission
57		-	considers appropriate based on the limited-scope review conducted
58		-	under this section.
59		-	SECTION 1.06. PUBLIC UTILITY COMMISSION OF TEXAS. Section
	26	+	SECTION 1.03. PUBLIC UTILITY COMMISSION OF TEXAS. Section
60	27		12.005, Utilities Code, is amended to read as follows:
61	28		Sec. 12.005. APPLICATION OF SUNSET ACT. The Public Utility
62	29		Commission of Texas is subject to Chapter 325, Government Code
63	30		(Texas Sunset Act). Unless continued in existence as provided by
64	31		that chapter or by Chapter 39, the commission is abolished and this
65	32		title expires September 1, 2023 [2025].
66		-	SECTION 1.07. OFFICE OF PUBLIC UTILITY COUNSEL. Section
	33	+	SECTION 1.04. OFFICE OF PUBLIC UTILITY COUNSEL. Section
67	34		13.002, Utilities Code, is amended to read as follows:
68	35		Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of
69	36		Public Utility Counsel is subject to Chapter 325, Government Code
70	37		(Texas Sunset Act). Unless continued in existence as provided by
71	38		that chapter, the office is abolished and this chapter expires
72	39		September 1, 2023 [2025].
73		-	SECTION 1.08. SAN JACINTO RIVER AUTHORITY. Section 1A(a),
	40	+	SECTION 1.05. SAN JACINTO RIVER AUTHORITY. Section 1A(a),
74	41		Chapter 426, Acts of the 45th Legislature, Regular Session, 1937,
75	42		is amended to read as follows:
76	43		(a) The District is subject to review under Chapter 325,
77	44		Government Code (Texas Sunset Act), but may not be abolished under
78	45		that chapter. The review shall be conducted under Section 325.025,
79	46		Government Code, as if the District were a state agency scheduled to
80	47		be abolished September 1, 2023 [2021], and every 12th year after
81	48		that year.
82	49		ARTICLE 2. ENTITIES GIVEN 2025 SUNSET DATE
83	50		SECTION 2.01. TEXAS DEPARTMENT OF INSURANCE AND DIVISION OF
84	51		WORKERS' COMPENSATION, TEXAS DEPARTMENT OF INSURANCE. Section
85	52		31.004, Insurance Code, is amended to read as follows:
86	53		Sec. 31.004. SUNSET PROVISION. (a) The Texas Department of
87	54		Insurance is subject to Chapter 325, Government Code (Texas Sunset
88	55		Act). Unless continued in existence as provided by that chapter,
89	56		the department is abolished September 1, 2025 [2023].
90	57		(b) Unless continued as provided by Chapter 325, Government
91	58		Code, the duties of the division of workers' compensation of the
92	59		Texas Department of Insurance under Title 5, Labor Code, expire
93	60		September 1, 2025 [2023], or another date designated by the
94	61		legislature.
95	62		SECTION 2.02. OFFICE OF PUBLIC INSURANCE COUNSEL. Section
96	63		501.003, Insurance Code, is amended to read as follows:
97	64		Sec. 501.003. SUNSET PROVISION. The office is subject to
98	65		Chapter 325, Government Code (Texas Sunset Act). Unless continued
99	66		in existence as provided by that chapter, the office is abolished
100	67		September 1, 2025 [2023].
101	68		SECTION 2.03. OFFICE OF INJURED EMPLOYEE COUNSEL. Section
102	69		404.003, Labor Code, is amended to read as follows:
103	70		Sec. 404.003. SUNSET PROVISION. The office of injured
104	71		employee counsel is subject to Chapter 325, Government Code (Texas
105	72		Sunset Act). Unless continued in existence as provided by that
106	73		chapter, the office is abolished and this chapter expires September
107	74		1, 2025 [2023].
108	75		ARTICLE 3. ENTITIES GIVEN 2027 SUNSET DATE
109	76		SECTION 3.01. TEXAS PUBLIC FINANCE AUTHORITY. Section
110	77		1232.072, Government Code, is amended to read as follows:
111	78		Sec. 1232.072. SUNSET PROVISION. The Texas Public Finance
112	79		Authority is subject to Chapter 325 (Texas Sunset Act). Unless
113	80		continued in existence as provided by that chapter, the authority
114	81		is abolished and this chapter expires September 1, 2027 [2023].
115	82		SECTION 3.02. TEXAS STATE AFFORDABLE HOUSING CORPORATION.
116	83		Section 2306.5521, Government Code, is amended to read as follows:
117	84		Sec. 2306.5521. SUNSET PROVISION. The Texas State
118	85		Affordable Housing Corporation is subject to Chapter 325 (Texas
119	86		Sunset Act). Unless continued in existence as provided by that
120	87		chapter, the corporation is abolished and this subchapter expires
121	88		September 1, 2027 [2023].
122	89		SECTION 3.03. COMMISSION ON STATE EMERGENCY
123	90		COMMUNICATIONS. Section 771.032, Health and Safety Code, is
124	91		amended to read as follows:
125	92		Sec. 771.032. APPLICATION OF SUNSET ACT. The Commission on
126	93		State Emergency Communications is subject to Chapter 325,
127	94		Government Code (Texas Sunset Act). Unless continued in existence
128	95		as provided by that chapter, the commission is abolished and this
129	96		chapter expires September 1, 2027 [2023].
130		-	SECTION 3.04. TEXAS RACING COMMISSION. (a) Section
131		-	2021.008(a), Occupations Code, is amended to read as follows:
132		-	(a) The commission is subject to Chapter 325, Government
133		-	Code (Texas Sunset Act). Unless continued in existence as provided
134		-	by that chapter, and except as provided by Subsections (b) and (c),
135		-	the commission is abolished and this subtitle expires September 1,
136		-	2027 [2021].
137		-	(b) Not later than December 1, 2021, the Texas Racing
138		-	Commission shall replace all employees who were employed by the
139		-	Texas Racing Commission on August 31, 2021, in:
140		-	(1) an exempt position; or
141		-	(2) a position at or above salary group B27 in the
142		-	Texas Position Classification Plan, 1961.
143		-	(c) The Texas Racing Commission may not hire or rehire an
144		-	individual to fill a position described by Subsection (b) of this
145		-	section if the individual was employed by the commission in a
146		-	position described by Subsection (b) of this section during the six
147		-	months preceding the effective date of this Act.
148	97		ARTICLE 4. ENTITIES GIVEN 2029 SUNSET DATE
149	98		SECTION 4.01. CANCER PREVENTION AND RESEARCH INSTITUTE OF
150	99		TEXAS. Section 102.003, Health and Safety Code, is amended to read
151	100		as follows:
152	101		Sec. 102.003. SUNSET PROVISION. The Cancer Prevention and
153	102		Research Institute of Texas is subject to Chapter 325, Government
154	103		Code (Texas Sunset Act). Unless continued in existence as provided
155	104		by that chapter, the institute is abolished and this chapter
156	105		expires September 1, 2029 [2023].
157	106		SECTION 4.02. STATE BOARD OF VETERINARY MEDICAL EXAMINERS.
158	107		(a) Section 801.003, Occupations Code, is amended to read as
159	108		follows:
160	109		Sec. 801.003. APPLICATION OF SUNSET ACT. The State Board of
161	110		Veterinary Medical Examiners is subject to Chapter 325, Government
162	111		Code (Texas Sunset Act). Unless continued in existence as provided
163	112		by that chapter, the board is abolished [and this chapter expires]
164	113		September 1, 2029 [2021].
165	114		(b) The Sunset Advisory Commission shall conduct a
166	115		special-purpose review of the State Board of Veterinary Medical
167	116		Examiners for the 88th Legislature. In conducting the
168	117		special-purpose review under this subsection:
169	118		(1) the Sunset Advisory Commission staff evaluation
170	119		and report must be limited to reviewing the implementation of the
171	120		State Board of Veterinary Medical Examiners' database system and
172	121		the board's processes and procedures for collecting and analyzing
173	122		data as recommended by the commission to the 87th Legislature; and
174	123		(2) the commission's recommendations to the 88th
175	124		Legislature may include any recommendation the commission
176	125		considers appropriate based on the special-purpose review.
177	126		(c) The state auditor shall conduct an effectiveness audit
178	127		of the State Board of Veterinary Medical Examiners to evaluate:
179	128		(1) the board's implementation of the data-related
180	129		recommendations made in the report on the board submitted by the
181	130		Sunset Advisory Commission to the 85th Legislature and identified
182	131		as not fully implemented in the report on the board submitted by the
183	132		commission to the 87th Legislature; and
184	133		(2) any additional recommendation made in the Sunset
185	134		Advisory Commission's report on the special-purpose review under
186	135		Subsection (b) of this section.
187	136		(d) The state auditor may not begin the audit required by
188	137		Subsection (c) of this section before December 1, 2023, and shall
189	138		prepare and submit a report of the findings of the audit to the
190	139		chair and executive director of the Sunset Advisory Commission not
191	140		later than December 1, 2024.
192	141		(e) The state auditor shall include the auditor's duties
193	142		under this section in each audit plan under Section 321.013,
194	143		Government Code, that governs the auditor's duties for the period
195	144		specified by Subsection (d) of this section.
196	145		ARTICLE 5. ENTITIES GIVEN 2031 SUNSET DATE
197	146		SECTION 5.01. TEXAS REAL ESTATE COMMISSION. Section
198	147		1101.006, Occupations Code, is amended to read as follows:
199	148		Sec. 1101.006. APPLICATION OF SUNSET ACT. The Texas Real
200	149		Estate Commission is subject to Chapter 325, Government Code (Texas
201	150		Sunset Act). Unless continued in existence as provided by that
202	151		chapter, the commission is abolished and this chapter, Chapter
203	152		1102, and Chapter 1303 of this code and Chapter 221, Property Code,
204	153		expire September 1, 2031 [2025].
205	154		SECTION 5.02. TEXAS APPRAISER LICENSING AND CERTIFICATION
206	155		BOARD. Section 1103.006, Occupations Code, is amended to read as
207	156		follows:
208	157		Sec. 1103.006. APPLICATION OF SUNSET ACT. The Texas
209	158		Appraiser Licensing and Certification Board is subject to Chapter
210	159		325, Government Code (Texas Sunset Act). Unless continued in
211	160		existence as provided by that chapter, the board is abolished and
212	161		this chapter and Chapter 1104 expire September 1, 2031 [2025].
213	162		ARTICLE 6. ENTITIES REMOVED FROM SUNSET REVIEW
214	163		SECTION 6.01. TEXAS A&M FOREST SERVICE. Section 88.1016,
215	164		Education Code, is repealed.
216	165		ARTICLE 7. LIMITED REVIEWS REMOVED FROM SUNSET REVIEW
217	166		SECTION 7.01. HEALTH AND HUMAN SERVICES COMMISSION,
218	167		DEPARTMENT OF STATE HEALTH SERVICES, AND DEPARTMENT OF FAMILY AND
219	168		PROTECTIVE SERVICES. Section 531.0206, Government Code, is
220	169		repealed.
221	170		SECTION 7.02. THE HEALTH AND HUMAN SERVICES COMMISSION'S
222	171		OFFICE OF INSPECTOR GENERAL. Section 531.102(y), Government Code,
223	172		is repealed.
224	173		ARTICLE 8. SUNSET REVIEW PROCESS
225	174		SECTION 8.01. PROCEDURES DURING DECLARED DISASTER. Section
226	175		325.0125(b), Government Code, is amended to read as follows:
227	176		(b) The commission may only exempt agencies that have been
228	177		inactive for a period of two years preceding the date the agency is
229	178		scheduled for abolition, [or] that have been rendered inactive by
230	179		an action of the legislature, or that the commission determines are
231	180		unable to participate in the review due to a declared disaster.
232		-	SECTION 8.02. PROCEDURES AFTER ABOLISHMENT. Section
233		-	325.017, Government Code, is amended by adding Subsections (g) and
234		-	(h) to read as follows:
235		-	(g) Except as provided by Subsections (a), (e), and (f), all
236		-	legal interests of a state agency abolished in an odd-numbered year
237		-	are transferred to the comptroller on the date the state agency is
238		-	terminated under Subsection (a).
239		-	(h) On the date a state agency that is abolished in an
240		-	odd-numbered year is terminated under Subsection (a), the governor
241		-	may designate another state agency to administer any law previously
242		-	administered by the abolished state agency that remains in effect
243		-	and a reference in any law to the abolished state agency means the
244		-	designated state agency. The governor is not required to designate
245		-	the same state agency under this subsection that is designated
246		-	under Subsection (f).
247		-	ARTICLE 9. TRANSITION
248		-	SECTION 9.01. CONFLICT WITH OTHER LAWS. If a conflict
249		-	exists between this Act and another Act of the 87th Legislature,
250		-	Regular Session, 2021, that amends or repeals the sunset date of a
251		-	governmental entity, the provisions of the other Act control
252		-	without regard to the relative dates of enactment.
253		-	ARTICLE 10. EFFECTIVE DATE
254		-	SECTION 10.01. EFFECTIVE DATE. This Act takes effect
	181	+	ARTICLE 9. EFFECTIVE DATE
	182	+	SECTION 9.01. EFFECTIVE DATE. This Act takes effect
255	183		immediately if it receives a vote of two-thirds of all the members
256	184		elected to each house, as provided by Section 39, Article III, Texas
257	185		Constitution. If this Act does not receive the vote necessary for
258	186		immediate effect, this Act takes effect September 1, 2021.
259		-	______________________________ ______________________________
260		-	President of the Senate Speaker of the House
261		-	I hereby certify that S.B. No. 713 passed the Senate on
262		-	April 19, 2021, by the following vote: Yeas 31, Nays 0;
263		-	May 25, 2021, Senate refused to concur in House amendments and
264		-	requested appointment of Conference Committee; May 27, 2021, House
265		-	granted request of the Senate; May 30, 2021, Senate adopted
266		-	Conference Committee Report by the following vote: Yeas 31,
267		-	Nays 0.
268		-	______________________________
269		-	Secretary of the Senate
270		-	I hereby certify that S.B. No. 713 passed the House, with
271		-	amendments, on May 23, 2021, by the following vote: Yeas 140,
272		-	Nays 3, one present not voting; May 27, 2021, House granted request
273		-	of the Senate for appointment of Conference Committee;
274		-	May 30, 2021, House adopted Conference Committee Report by the
275		-	following vote: Yeas 133, Nays 7, two present not voting.
276		-	______________________________
277		-	Chief Clerk of the House
278		-	Approved:
279		-	______________________________
280		-	Date
281		-	______________________________
282		-	Governor