Texas 2023 - 88th Regular

Texas Senate Bill SB1659 Compare Versions

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11 S.B. No. 1659
22
33
44 AN ACT
55 relating to the sunset review process and certain governmental
66 entities subject to that process.
77 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
88 ARTICLE 1. ENTITIES GIVEN 2029 SUNSET DATE
99 SECTION 1.01. TEXAS EDUCATION AGENCY. Section 7.004(a),
1010 Education Code, is amended to read as follows:
1111 (a) The Texas Education Agency is subject to Chapter 325,
1212 Government Code (Texas Sunset Act). Unless continued in existence
1313 as provided by that chapter, the agency is abolished September 1,
1414 2029 [2027].
1515 SECTION 1.02. EXPANDED LEARNING OPPORTUNITIES COUNCIL.
1616 Section 33.254, Education Code, is amended to read as follows:
1717 Sec. 33.254. SUNSET PROVISION. The council is subject to
1818 Chapter 325, Government Code (Texas Sunset Act). Unless continued
1919 in existence as provided by that chapter, the council is abolished
2020 and this subchapter expires September 1, 2029 [2027].
2121 SECTION 1.03. TEXAS HIGHER EDUCATION COORDINATING BOARD.
2222 Section 61.0211, Education Code, is amended to read as follows:
2323 Sec. 61.0211. SUNSET PROVISION. The Texas Higher Education
2424 Coordinating Board is subject to Chapter 325, Government Code
2525 (Texas Sunset Act). Unless continued in existence as provided by
2626 that chapter, the board is abolished and this chapter expires
2727 September 1, 2029 [2025].
2828 SECTION 1.04. STATE COMMISSION ON JUDICIAL CONDUCT.
2929 Section 33.003, Government Code, is amended to read as follows:
3030 Sec. 33.003. SUNSET PROVISION. The State Commission on
3131 Judicial Conduct is subject to review under Chapter 325 (Texas
3232 Sunset Act), but is not abolished under that chapter. The
3333 commission shall be reviewed during the period in which state
3434 agencies abolished in 2029 [2025], and every 12th year after that
3535 year, are reviewed.
3636 SECTION 1.05. JUDICIAL BRANCH CERTIFICATION COMMISSION.
3737 Section 152.001, Government Code, is amended to read as follows:
3838 Sec. 152.001. SUNSET PROVISION. The Judicial Branch
3939 Certification Commission is subject to Chapter 325 (Texas Sunset
4040 Act), but is not abolished under that chapter. The commission shall
4141 be reviewed during the period in which state agencies abolished in
4242 2029 [2025], and every 12th year after that year, are reviewed.
4343 SECTION 1.06. TEXAS LOTTERY COMMISSION. Section 467.002,
4444 Government Code, is amended to read as follows:
4545 Sec. 467.002. APPLICATION OF SUNSET ACT. The commission is
4646 subject to Chapter 325 (Texas Sunset Act). Unless continued in
4747 existence as provided by that chapter, the commission is abolished
4848 and this chapter, Chapter 466 of this code, and Chapter 2001,
4949 Occupations Code, expire September 1, 2029 [2025].
5050 SECTION 1.07. STATE PENSION REVIEW BOARD. Section 801.107,
5151 Government Code, is amended to read as follows:
5252 Sec. 801.107. SUNSET PROVISION. The State Pension Review
5353 Board is subject to Chapter 325 (Texas Sunset Act). Unless
5454 continued in existence as provided by that chapter, the board is
5555 abolished and this chapter expires September 1, 2029 [2025].
5656 SECTION 1.08. TEXAS PUBLIC FINANCE AUTHORITY. Section
5757 1232.072, Government Code, is amended to read as follows:
5858 Sec. 1232.072. SUNSET PROVISION. The Texas Public Finance
5959 Authority is subject to Chapter 325 (Texas Sunset Act). Unless
6060 continued in existence as provided by that chapter, the authority
6161 is abolished and this chapter expires September 1, 2029 [2027].
6262 SECTION 1.09. TEXAS FACILITIES COMMISSION. Section
6363 2152.002, Government Code, is amended to read as follows:
6464 Sec. 2152.002. SUNSET PROVISION. The Texas Facilities
6565 Commission is subject to Chapter 325 (Texas Sunset Act). Unless
6666 continued in existence as provided by that chapter, the commission
6767 is abolished and this subtitle, except for Chapter 2170 and Section
6868 2157.121, expires September 1, 2029 [2027].
6969 SECTION 1.10. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
7070 AFFAIRS. Section 2306.022, Government Code, is amended to read as
7171 follows:
7272 Sec. 2306.022. APPLICATION OF SUNSET ACT. The Texas
7373 Department of Housing and Community Affairs is subject to Chapter
7474 325 (Texas Sunset Act). Unless continued in existence as provided
7575 by that chapter, the department is abolished and this chapter
7676 expires September 1, 2029 [2025].
7777 SECTION 1.11. TEXAS STATE AFFORDABLE HOUSING CORPORATION.
7878 Section 2306.5521, Government Code, is amended to read as follows:
7979 Sec. 2306.5521. SUNSET PROVISION. The Texas State
8080 Affordable Housing Corporation is subject to Chapter 325 (Texas
8181 Sunset Act). Unless continued in existence as provided by that
8282 chapter, the corporation is abolished and this subchapter expires
8383 September 1, 2029 [2027].
8484 SECTION 1.12. COMMISSION ON STATE EMERGENCY
8585 COMMUNICATIONS. Section 771.032, Health and Safety Code, is
8686 amended to read as follows:
8787 Sec. 771.032. APPLICATION OF SUNSET ACT. The Commission on
8888 State Emergency Communications is subject to Chapter 325,
8989 Government Code (Texas Sunset Act). Unless continued in existence
9090 as provided by that chapter, the commission is abolished and this
9191 chapter expires September 1, 2029 [2027].
9292 SECTION 1.13. TEXAS DEPARTMENT OF INSURANCE; DIVISION OF
9393 WORKERS' COMPENSATION OF TEXAS DEPARTMENT OF INSURANCE. Section
9494 31.004, Insurance Code, is amended to read as follows:
9595 Sec. 31.004. SUNSET PROVISION. (a) The Texas Department of
9696 Insurance is subject to Chapter 325, Government Code (Texas Sunset
9797 Act). Unless continued in existence as provided by that chapter,
9898 the department is abolished September 1, 2029 [2025].
9999 (b) Unless continued as provided by Chapter 325, Government
100100 Code, the duties of the division of workers' compensation of the
101101 Texas Department of Insurance under Title 5, Labor Code, expire
102102 September 1, 2029 [2025], or another date designated by the
103103 legislature.
104104 SECTION 1.14. OFFICE OF PUBLIC INSURANCE COUNSEL. Section
105105 501.003, Insurance Code, is amended to read as follows:
106106 Sec. 501.003. SUNSET PROVISION. The office is subject to
107107 Chapter 325, Government Code (Texas Sunset Act). Unless continued
108108 in existence as provided by that chapter, the office is abolished
109109 September 1, 2029 [2025].
110110 SECTION 1.15. OFFICE OF INJURED EMPLOYEE COUNSEL. Section
111111 404.003, Labor Code, is amended to read as follows:
112112 Sec. 404.003. SUNSET PROVISION. The office of injured
113113 employee counsel is subject to Chapter 325, Government Code (Texas
114114 Sunset Act). Unless continued in existence as provided by that
115115 chapter, the office is abolished and this chapter expires September
116116 1, 2029 [2025].
117117 ARTICLE 2. ENTITIES GIVEN 2033 SUNSET DATE
118118 SECTION 2.01. PEDIATRIC ACUTE-ONSET NEUROPSYCHIATRIC
119119 SYNDROME ADVISORY COUNCIL. Section 119A.009, Health and Safety
120120 Code, is amended to read as follows:
121121 Sec. 119A.009. SUNSET PROVISION. The Pediatric Acute-Onset
122122 Neuropsychiatric Syndrome Advisory Council is subject to Chapter
123123 325, Government Code (Texas Sunset Act). Unless continued in
124124 existence as provided by that chapter, the advisory council is
125125 abolished and this chapter expires September 1, 2033 [2031].
126126 SECTION 2.02. TEXAS MEDICAL BOARD. Section 151.004,
127127 Occupations Code, is amended to read as follows:
128128 Sec. 151.004. APPLICATION OF SUNSET ACT. The Texas Medical
129129 Board is subject to Chapter 325, Government Code (Texas Sunset
130130 Act). Unless continued in existence as provided by that chapter,
131131 the board is abolished and this subtitle and Chapters 204, 205, 206,
132132 601, 602, 603, and 604 expire September 1, 2033 [2031].
133133 SECTION 2.03. TEXAS BOARD OF CHIROPRACTIC EXAMINERS.
134134 Section 201.004, Occupations Code, is amended to read as follows:
135135 Sec. 201.004. APPLICATION OF SUNSET ACT. The Texas Board of
136136 Chiropractic Examiners is subject to Chapter 325, Government Code
137137 (Texas Sunset Act). Unless continued in existence as provided by
138138 that chapter, the board is abolished and this chapter expires
139139 September 1, 2033 [2029].
140140 SECTION 2.04. STATE BOARD OF DENTAL EXAMINERS. Section
141141 251.005, Occupations Code, is amended to read as follows:
142142 Sec. 251.005. APPLICATION OF SUNSET ACT. The State Board of
143143 Dental Examiners is subject to Chapter 325, Government Code (Texas
144144 Sunset Act). Unless continued in existence as provided by that
145145 chapter, the board is abolished September 1, 2033 [2029].
146146 SECTION 2.05. TEXAS BOARD OF NURSING. Section 301.003,
147147 Occupations Code, is amended to read as follows:
148148 Sec. 301.003. APPLICATION OF SUNSET ACT. The Texas Board of
149149 Nursing is subject to Chapter 325, Government Code (Texas Sunset
150150 Act). Unless continued in existence as provided by that chapter,
151151 the board is abolished September 1, 2033 [2029].
152152 SECTION 2.06. TEXAS OPTOMETRY BOARD. Section 351.004,
153153 Occupations Code, is amended to read as follows:
154154 Sec. 351.004. SUNSET PROVISION. The Texas Optometry Board
155155 is subject to Chapter 325, Government Code (Texas Sunset Act).
156156 Unless continued in existence as provided by that chapter, the
157157 board is abolished and this chapter expires September 1, 2033
158158 [2029].
159159 SECTION 2.07. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND
160160 OCCUPATIONAL THERAPY EXAMINERS. Section 452.002, Occupations
161161 Code, is amended to read as follows:
162162 Sec. 452.002. APPLICATION OF SUNSET ACT. The Executive
163163 Council of Physical Therapy and Occupational Therapy Examiners is
164164 subject to Chapter 325, Government Code (Texas Sunset Act). Unless
165165 continued in existence as provided by that chapter, the executive
166166 council is abolished and the following laws expire September 1,
167167 2033 [2029]:
168168 (1) this chapter;
169169 (2) Chapter 453; and
170170 (3) Chapter 454.
171171 SECTION 2.08. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS.
172172 Section 453.002, Occupations Code, is amended to read as follows:
173173 Sec. 453.002. APPLICATION OF SUNSET ACT. The Texas Board of
174174 Physical Therapy Examiners is subject to Chapter 325, Government
175175 Code (Texas Sunset Act). Unless continued in existence as provided
176176 by that chapter, the board is abolished and this chapter expires
177177 September 1, 2033 [2029].
178178 SECTION 2.09. TEXAS BOARD OF OCCUPATIONAL THERAPY
179179 EXAMINERS. Section 454.003, Occupations Code, is amended to read
180180 as follows:
181181 Sec. 454.003. APPLICATION OF SUNSET ACT. The Texas Board of
182182 Occupational Therapy Examiners is subject to Chapter 325,
183183 Government Code (Texas Sunset Act). Unless continued in existence
184184 as provided by that chapter, the board is abolished and this chapter
185185 expires September 1, 2033 [2029].
186186 SECTION 2.10. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL.
187187 Section 507.002, Occupations Code, is amended to read as follows:
188188 Sec. 507.002. APPLICATION OF SUNSET ACT. The Texas
189189 Behavioral Health Executive Council is subject to Chapter 325,
190190 Government Code (Texas Sunset Act). Unless continued in existence
191191 as provided by that chapter, the executive council is abolished and
192192 this chapter and Chapters 501, 502, 503, and 505 expire September 1,
193193 2033 [2029].
194194 SECTION 2.11. TEXAS STATE BOARD OF PHARMACY. Section
195195 551.005, Occupations Code, is amended to read as follows:
196196 Sec. 551.005. APPLICATION OF SUNSET ACT. The Texas State
197197 Board of Pharmacy is subject to Chapter 325, Government Code (Texas
198198 Sunset Act). Unless continued in existence as provided by that
199199 chapter, the board is abolished and this subtitle expires September
200200 1, 2033 [2029].
201201 SECTION 2.12. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY.
202202 Section 901.006, Occupations Code, is amended to read as follows:
203203 Sec. 901.006. APPLICATION OF SUNSET ACT. The Texas State
204204 Board of Public Accountancy is subject to Chapter 325, Government
205205 Code (Texas Sunset Act). Unless continued in existence as provided
206206 by that chapter, the board is abolished and this chapter expires
207207 September 1, 2033 [2031].
208208 SECTION 2.13. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND
209209 LAND SURVEYORS. Section 1001.005, Occupations Code, is amended to
210210 read as follows:
211211 Sec. 1001.005. APPLICATION OF SUNSET ACT. The Texas Board
212212 of Professional Engineers and Land Surveyors is subject to Chapter
213213 325, Government Code (Texas Sunset Act). Unless continued in
214214 existence as provided by that chapter, the board is abolished and
215215 this chapter expires September 1, 2033 [2025].
216216 SECTION 2.14. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS.
217217 Section 1002.003, Occupations Code, is amended to read as follows:
218218 Sec. 1002.003. APPLICATION OF SUNSET ACT. The Texas Board
219219 of Professional Geoscientists is subject to Chapter 325, Government
220220 Code (Texas Sunset Act). Unless continued in existence as provided
221221 by that chapter, the board is abolished and this chapter expires
222222 September 1, 2033 [2025].
223223 SECTION 2.15. TEXAS BOARD OF ARCHITECTURAL EXAMINERS.
224224 Section 1051.003, Occupations Code, is amended to read as follows:
225225 Sec. 1051.003. APPLICATION OF SUNSET ACT. The Texas Board
226226 of Architectural Examiners is subject to Chapter 325, Government
227227 Code (Texas Sunset Act). Unless continued in existence as provided
228228 by that chapter, the board is abolished and this subtitle expires
229229 September 1, 2033 [2025].
230230 SECTION 2.16. TEXAS REAL ESTATE COMMISSION. Section
231231 1101.006, Occupations Code, is amended to read as follows:
232232 Sec. 1101.006. APPLICATION OF SUNSET ACT. The Texas Real
233233 Estate Commission is subject to Chapter 325, Government Code (Texas
234234 Sunset Act). Unless continued in existence as provided by that
235235 chapter, the commission is abolished and this chapter and Chapter
236236 1102 of this code and Chapter 221, Property Code, expire September
237237 1, 2033 [2031].
238238 SECTION 2.17. TEXAS APPRAISER LICENSING AND CERTIFICATION
239239 BOARD. Section 1103.006, Occupations Code, is amended to read as
240240 follows:
241241 Sec. 1103.006. APPLICATION OF SUNSET ACT. The Texas
242242 Appraiser Licensing and Certification Board is subject to Chapter
243243 325, Government Code (Texas Sunset Act). Unless continued in
244244 existence as provided by that chapter, the board is abolished and
245245 this chapter and Chapter 1104 expire September 1, 2033 [2031].
246246 SECTION 2.18. TEXAS STATE BOARD OF PLUMBING EXAMINERS.
247247 Section 1301.003, Occupations Code, is amended to read as follows:
248248 Sec. 1301.003. APPLICATION OF SUNSET ACT. The Texas State
249249 Board of Plumbing Examiners is subject to Chapter 325, Government
250250 Code (Texas Sunset Act). Unless continued in existence as provided
251251 by that chapter, the board is abolished and this chapter expires
252252 September 1, 2033 [2027].
253253 ARTICLE 3. ENTITIES GIVEN 2035 SUNSET DATE
254254 SECTION 3.01. DEPARTMENT OF AGRICULTURE. Section 11.003,
255255 Agriculture Code, is amended to read as follows:
256256 Sec. 11.003. SUNSET PROVISION. The Department of
257257 Agriculture is subject to Chapter 325, Government Code (Texas
258258 Sunset Act). Unless continued in existence as provided by that
259259 chapter, the department is abolished September 1, 2035 [2033].
260260 SECTION 3.02. BOARD OF DIRECTORS OF THE OFFICIAL COTTON
261261 GROWERS' BOLL WEEVIL ERADICATION FOUNDATION. Section 74.127(a),
262262 Agriculture Code, is amended to read as follows:
263263 (a) The board of directors of the official cotton growers'
264264 boll weevil eradication foundation is subject to Chapter 325,
265265 Government Code (Texas Sunset Act). Unless continued in existence
266266 as provided by that chapter, the board is abolished September 1,
267267 2035 [2033].
268268 SECTION 3.03. TEXAS ANIMAL HEALTH COMMISSION. Section
269269 161.027, Agriculture Code, is amended to read as follows:
270270 Sec. 161.027. SUNSET PROVISION. The Texas Animal Health
271271 Commission is subject to Chapter 325, Government Code (Texas Sunset
272272 Act). Unless continued in existence as provided by that chapter,
273273 the commission is abolished September 1, 2035 [2033].
274274 SECTION 3.04. PREPAID HIGHER EDUCATION TUITION BOARD.
275275 Section 54.603, Education Code, is amended to read as follows:
276276 Sec. 54.603. SUNSET PROVISION. The Prepaid Higher
277277 Education Tuition Board is subject to Chapter 325, Government Code
278278 (Texas Sunset Act). Unless continued in existence as provided by
279279 that chapter, the board is abolished September 1, 2035 [2033].
280280 SECTION 3.05. CREDIT UNION DEPARTMENT. Section 15.212,
281281 Finance Code, is amended to read as follows:
282282 Sec. 15.212. SUNSET PROVISION. The Credit Union Department
283283 and the Credit Union Commission are subject to Chapter 325,
284284 Government Code (Texas Sunset Act). Unless continued in existence
285285 as provided by that chapter, the department and commission are
286286 abolished September 1, 2035 [2033].
287287 SECTION 3.06. TEXAS COMMISSION ON FIRE PROTECTION. Section
288288 419.003, Government Code, is amended to read as follows:
289289 Sec. 419.003. SUNSET PROVISION. The Texas Commission on
290290 Fire Protection is subject to Chapter 325 (Texas Sunset Act).
291291 Unless continued in existence as provided by that chapter, the
292292 commission is abolished September 1, 2035 [2033].
293293 SECTION 3.07. COMMISSION ON JAIL STANDARDS. Section
294294 511.003, Government Code, is amended to read as follows:
295295 Sec. 511.003. SUNSET PROVISION. The Commission on Jail
296296 Standards is subject to Chapter 325 (Texas Sunset Act). Unless
297297 continued in existence as provided by that chapter, the commission
298298 is abolished September 1, 2035 [2033].
299299 SECTION 3.08. TEACHER RETIREMENT SYSTEM OF TEXAS. Section
300300 825.006, Government Code, is amended to read as follows:
301301 Sec. 825.006. SUNSET PROVISION. The board of trustees of
302302 the Teacher Retirement System of Texas is subject to review under
303303 Chapter 325 (Texas Sunset Act), but is not abolished under that
304304 chapter. The board shall be reviewed during the period in which
305305 state agencies abolished in 2035 [2033], and every 12th year after
306306 that year, are reviewed.
307307 SECTION 3.09. PARKS AND WILDLIFE DEPARTMENT. Section
308308 11.0111, Parks and Wildlife Code, is amended to read as follows:
309309 Sec. 11.0111. SUNSET PROVISION. The Parks and Wildlife
310310 Department is subject to Chapter 325, Government Code (Texas Sunset
311311 Act). Unless continued in existence as provided by that chapter,
312312 the department is abolished September 1, 2035 [2033].
313313 SECTION 3.10. BRAZOS RIVER AUTHORITY. Section
314314 8502.0021(a), Special District Local Laws Code, is amended to read
315315 as follows:
316316 (a) The authority is subject to review under Chapter 325,
317317 Government Code (Texas Sunset Act), but may not be abolished under
318318 that chapter. The review shall be conducted under Section 325.025,
319319 Government Code, as if the authority were a state agency scheduled
320320 to be abolished September 1, 2035 [2033], and every 12th year after
321321 that year.
322322 SECTION 3.11. GULF COAST PROTECTION DISTRICT. Section
323323 9502.0105(a), Special District Local Laws Code, is amended to read
324324 as follows:
325325 (a) The district is subject to review under Chapter 325,
326326 Government Code (Texas Sunset Act), but may not be abolished under
327327 that chapter. The review shall be conducted under Section 325.025,
328328 Government Code, as if the authority were a state agency scheduled
329329 to be abolished September 1, 2035 [2033], and every 12th year after
330330 that year.
331331 ARTICLE 4. ENTITIES REMOVED FROM SUNSET REVIEW
332332 SECTION 4.01. BANDERA COUNTY RIVER AUTHORITY AND
333333 GROUNDWATER DISTRICT. Section 1A, Chapter 629, Acts of the 62nd
334334 Legislature, Regular Session, 1971, is repealed.
335335 ARTICLE 5. SPECIAL-PURPOSE REVIEWS
336336 SECTION 5.01. TEXAS REAL ESTATE COMMISSION. (a) The Sunset
337337 Advisory Commission shall conduct a special-purpose review of the
338338 Texas Real Estate Commission for the 89th Legislature. In
339339 conducting the special-purpose review under this subsection:
340340 (1) the Sunset Advisory Commission staff evaluation
341341 and report must be limited to reviewing the disclosures required by
342342 law to be made by a seller of real property in this state and the
343343 forms developed by the Texas Real Estate Commission to provide the
344344 required disclosures; and
345345 (2) the commission's recommendations to the 89th
346346 Legislature may include any recommendation the commission
347347 considers appropriate based on the special-purpose review.
348348 (b) This section expires September 1, 2025.
349349 ARTICLE 6. EFFECTIVE DATE
350350 SECTION 6.01. EFFECTIVE DATE. This Act takes effect
351351 immediately if it receives a vote of two-thirds of all the members
352352 elected to each house, as provided by Section 39, Article III, Texas
353353 Constitution. If this Act does not receive the vote necessary for
354354 immediate effect, this Act takes effect September 1, 2023.
355355 ______________________________ ______________________________
356356 President of the Senate Speaker of the House
357357 I hereby certify that S.B. No. 1659 passed the Senate on
358358 April 18, 2023, by the following vote: Yeas 31, Nays 0; and that
359359 the Senate concurred in House amendment on May 24, 2023, by the
360360 following vote: Yeas 29, Nays 1.
361361 ______________________________
362362 Secretary of the Senate
363363 I hereby certify that S.B. No. 1659 passed the House, with
364364 amendment, on May 17, 2023, by the following vote: Yeas 136,
365365 Nays 8, one present not voting.
366366 ______________________________
367367 Chief Clerk of the House
368368 Approved:
369369 ______________________________
370370 Date
371371 ______________________________
372372 Governor