S.B. No. 713
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. 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, 2023 [2021].
SECTION 1.02. 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, 2023
[2021].
SECTION 1.03. ANATOMICAL BOARD OF THE STATE OF TEXAS.
Section 691.003, Health and Safety Code, is amended 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, 2023 [2021].
SECTION 1.04. TEXAS COMMISSION OF LICENSING AND REGULATION;
TEXAS DEPARTMENT OF LICENSING AND REGULATION. Section 51.002(a),
Occupations Code, is amended to read as follows:
(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, 2023 [2021].
SECTION 1.05. TEXAS COMMISSION ON LAW ENFORCEMENT. (a)
Section 1701.002, Occupations Code, is amended to read as follows:
Sec. 1701.002. APPLICATION OF SUNSET ACT. The Texas
Commission on Law Enforcement 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
expires September 1, 2023 [2021].
(b) For purposes of Section 1701.002, Occupations Code, as
amended by this Act, the Sunset Advisory Commission shall conduct a
limited-scope review of the Texas Commission on Law Enforcement for
the 88th Legislature.
(c) In conducting the limited-scope review under this
section, the Sunset Advisory Commission staff evaluation and report
must be limited to reviewing the appropriateness of the Sunset
Advisory Commission's recommendations for the Texas Commission on
Law Enforcement made to the 87th Legislature.
(d) The Sunset Advisory Commission's recommendations to the
88th Legislature may include any recommendation the commission
considers appropriate based on the limited-scope review conducted
under this section.
SECTION 1.06. 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 1.07. 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].
SECTION 1.08. SAN JACINTO RIVER AUTHORITY. Section 1A(a),
Chapter 426, Acts of the 45th Legislature, Regular Session, 1937,
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 2. ENTITIES GIVEN 2025 SUNSET DATE
SECTION 2.01. 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 2.02. 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 2.03. 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 2027 SUNSET DATE
SECTION 3.01. TEXAS PUBLIC FINANCE AUTHORITY. Section
1232.072, Government Code, is amended to read as follows:
Sec. 1232.072. SUNSET PROVISION. The Texas Public Finance
Authority is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the authority
is abolished and this chapter expires September 1, 2027 [2023].
SECTION 3.02. TEXAS STATE AFFORDABLE HOUSING CORPORATION.
Section 2306.5521, Government Code, is amended to read as follows:
Sec. 2306.5521. SUNSET PROVISION. The Texas State
Affordable Housing Corporation is subject to Chapter 325 (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the corporation is abolished and this subchapter expires
September 1, 2027 [2023].
SECTION 3.03. COMMISSION ON STATE EMERGENCY
COMMUNICATIONS. Section 771.032, Health and Safety Code, is
amended to read as follows:
Sec. 771.032. APPLICATION OF SUNSET ACT. The Commission on
State Emergency Communications 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 expires September 1, 2027 [2023].
SECTION 3.04. TEXAS RACING COMMISSION. (a) 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,
2027 [2021].
(b) Not later than December 1, 2021, the Texas Racing
Commission shall replace all employees who were employed by the
Texas Racing Commission on August 31, 2021, in:
(1) an exempt position; or
(2) a position at or above salary group B27 in the
Texas Position Classification Plan, 1961.
(c) The Texas Racing Commission may not hire or rehire an
individual to fill a position described by Subsection (b) of this
section if the individual was employed by the commission in a
position described by Subsection (b) of this section during the six
months preceding the effective date of this Act.
ARTICLE 4. ENTITIES GIVEN 2029 SUNSET DATE
SECTION 4.01. CANCER PREVENTION AND RESEARCH INSTITUTE OF
TEXAS. Section 102.003, Health and Safety Code, is amended to read
as follows:
Sec. 102.003. SUNSET PROVISION. The Cancer Prevention and
Research Institute of Texas is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the institute is abolished and this chapter
expires September 1, 2029 [2023].
SECTION 4.02. 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 5. ENTITIES GIVEN 2031 SUNSET DATE
SECTION 5.01. 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].
SECTION 5.02. TEXAS APPRAISER LICENSING AND CERTIFICATION
BOARD. Section 1103.006, Occupations Code, is amended to read as
follows:
Sec. 1103.006. APPLICATION OF SUNSET ACT. The Texas
Appraiser Licensing and Certification Board 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 and Chapter 1104 expire September 1, 2031 [2025].
ARTICLE 6. ENTITIES REMOVED FROM SUNSET REVIEW
SECTION 6.01. TEXAS A&M FOREST SERVICE. Section 88.1016,
Education Code, is repealed.
ARTICLE 7. LIMITED REVIEWS REMOVED FROM SUNSET REVIEW
SECTION 7.01. HEALTH AND HUMAN SERVICES COMMISSION,
DEPARTMENT OF STATE HEALTH SERVICES, AND DEPARTMENT OF FAMILY AND
PROTECTIVE SERVICES. Section 531.0206, Government Code, is
repealed.
SECTION 7.02. THE HEALTH AND HUMAN SERVICES COMMISSION'S
OFFICE OF INSPECTOR GENERAL. Section 531.102(y), Government Code,
is repealed.
ARTICLE 8. SUNSET REVIEW PROCESS
SECTION 8.01. 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.
SECTION 8.02. PROCEDURES AFTER ABOLISHMENT. Section
325.017, Government Code, is amended by adding Subsections (g) and
(h) to read as follows:
(g) Except as provided by Subsections (a), (e), and (f), all
legal interests of a state agency abolished in an odd-numbered year
are transferred to the comptroller on the date the state agency is
terminated under Subsection (a).
(h) On the date a state agency that is abolished in an
odd-numbered year is terminated under Subsection (a), the governor
may designate another state agency to administer any law previously
administered by the abolished state agency that remains in effect
and a reference in any law to the abolished state agency means the
designated state agency. The governor is not required to designate
the same state agency under this subsection that is designated
under Subsection (f).
ARTICLE 9. TRANSITION
SECTION 9.01. CONFLICT WITH OTHER LAWS. If a conflict
exists between this Act and another Act of the 87th Legislature,
Regular Session, 2021, that amends or repeals the sunset date of a
governmental entity, the provisions of the other Act control
without regard to the relative dates of enactment.
ARTICLE 10. EFFECTIVE DATE
SECTION 10.01. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 713 passed the Senate on
April 19, 2021, by the following vote: Yeas 31, Nays 0;
May 25, 2021, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 27, 2021, House
granted request of the Senate; May 30, 2021, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 713 passed the House, with
amendments, on May 23, 2021, by the following vote: Yeas 140,
Nays 3, one present not voting; May 27, 2021, House granted request
of the Senate for appointment of Conference Committee;
May 30, 2021, House adopted Conference Committee Report by the
following vote: Yeas 133, Nays 7, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor