By: Bell of Kaufman, Canales, Hull, Kitzman, H.B. No. 1545
Shaheen, et al.
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 2029 SUNSET DATE
SECTION 1.01. TEXAS OPTOMETRY BOARD. Section 351.004,
Occupations Code, is amended to read as follows:
Sec. 351.004. SUNSET PROVISION. The Texas Optometry 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 expires September 1, 2029
[2033].
ARTICLE 2. ENTITIES GIVEN 2031 SUNSET DATE
SECTION 2.01. CREDIT UNION DEPARTMENT. Section 15.212,
Finance Code, is amended to read as follows:
Sec. 15.212. SUNSET PROVISION. The Credit Union Department
and the Credit Union Commission are subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the department and commission are
abolished September 1, 2031 [2035].
SECTION 2.02. STATE OFFICE OF ADMINISTRATIVE HEARINGS.
Section 2003.023, Government Code, is amended to read as follows:
Sec. 2003.023. SUNSET PROVISION. The State Office of
Administrative Hearings is subject to review under Chapter 325
(Texas Sunset Act), but is not abolished under that chapter. The
office shall be reviewed during the periods in which state agencies
abolished in 2031 [2027] and every 12th year after 2031 [2027] are
reviewed.
SECTION 2.03. TEXAS JUVENILE JUSTICE DEPARTMENT. (a)
Section 202.010, Human Resources Code, is amended to read as
follows:
Sec. 202.010. SUNSET PROVISION. The Texas Juvenile Justice
Board and the Texas Juvenile Justice Department are subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the board and the
department are abolished September 1, 2031 [2027].
(b) Notwithstanding Section 202.010, Human Resources Code,
as amended by this Act, the Sunset Advisory Commission shall
conduct a limited-scope review of the Texas Juvenile Justice
Department for the 90th Legislature.
(c) In conducting the limited-scope review under this
section, the Sunset Advisory Commission staff evaluation and report
must be limited to assessing the Texas Juvenile Justice
Department's administration of its regionalization duties aimed at
prioritizing the use of local levels of the juvenile justice system
over placement or commitment to secure facilities operated by the
Texas Juvenile Justice Department.
(d) The Sunset Advisory Commission may not review the office
of independent ombudsman of the Texas Juvenile Justice Department
as part of the limited-scope review conducted under this section.
(e) The Sunset Advisory Commission's recommendations to the
90th Legislature may include any recommendation the commission
considers appropriate based on the limited-scope review conducted
under this section.
(f) The Texas Juvenile Justice Department shall submit a
report not later than September 1, 2026, to the Sunset Advisory
Commission, the speaker of the house of representatives, the
lieutenant governor, and the standing committees of each house of
the legislature with primary jurisdiction over juvenile justice
that includes information about:
(1) the status of the United States Department of
Justice's investigation into the Texas Juvenile Justice Department
and the Texas Juvenile Justice Department's progress in addressing
findings as detailed in the United States Department of Justice's
report titled "Investigation of the Texas Juvenile Justice
Department," published on August 1, 2024;
(2) the waitlist of youth committed to the Texas
Juvenile Justice Department awaiting transfer to state secure
facilities from county facilities;
(3) the Texas Juvenile Justice Department's staffing
and turnover at state facilities for each fiscal year since fiscal
year 2016; and
(4) the progress on construction of additional state
juvenile correctional facilities for which the legislature
appropriated funding in the 2024-2025 biennium.
ARTICLE 3. ENTITIES GIVEN 2033 SUNSET DATE
SECTION 3.01. STATE BOARD OF VETERINARY MEDICAL EXAMINERS.
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 September 1, 2033 [2027].
SECTION 3.02. TEXAS PHARMACEUTICAL INITIATIVE. Section
2177.010, Government Code, is amended to read as follows:
Sec. 2177.010. SUNSET PROVISION [EXPIRATION OF CHAPTER].
The Texas Pharmaceutical Initiative is subject to Chapter 325
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the Texas Pharmaceutical Initiative is abolished and
this [This] chapter expires September 1, 2033 [2025].
ARTICLE 4. ENTITIES GIVEN 2035 SUNSET DATE
SECTION 4.01. STATE SOIL AND WATER CONSERVATION BOARD.
Section 12, Chapter 358 (S.B. 1424), Acts of the 88th Legislature,
Regular Session, 2023, is repealed.
ARTICLE 5. AMENDMENTS TO THE TEXAS SUNSET ACT
SECTION 5.01. SUNSET ADVISORY COMMISSION. Section
325.003(a-1), Government Code, is amended to read as follows:
(a-1) A public member acts on behalf of the legislature when
participating on the commission in furtherance of the legislature's
duty to provide oversight of state [executive branch] agencies'
implementation of legislative priorities.
SECTION 5.02. AGENCY REPORT TO COMMISSION. Section
325.007(a), Government Code, is amended to read as follows:
(a) Before September 1 of the odd-numbered year before the
year in which a state agency subject to this chapter is abolished or
reviewed, the agency shall report to the commission:
(1) information regarding the application to the
agency of the criteria in Section 325.011; and
(2) any other information that the agency considers
appropriate or that is requested by the commission.
SECTION 5.03. REPORTING REQUIREMENTS OF AGENCY BEING
REVIEWED. Section 325.0075, Government Code, is amended to read as
follows:
Sec. 325.0075. REPORTING REQUIREMENTS OF AGENCY BEING
REVIEWED. Before September 1 of the odd-numbered year before the
year in which a state agency subject to this chapter is abolished or
reviewed, the agency shall submit to the commission, the governor,
the lieutenant governor, and each member of the legislature a
report that:
(1) lists each report that the agency is required by a
statute to prepare; and
(2) evaluates the need for each report listed in
Subdivision (1) based on whether factors or conditions have changed
since the date the statutory requirement to prepare the report was
enacted.
SECTION 5.04. COMMISSION DUTIES. Section 325.008(a),
Government Code, is amended to read as follows:
(a) Before January 1 of the year in which a state agency
subject to this chapter and its advisory committees are abolished
or reviewed, the commission shall:
(1) review and take action necessary to verify the
reports submitted by the agency under Section 325.007;
(2) consult the Legislative Budget Board, the
Governor's Budget, Policy, and Planning Division, the State
Auditor, and the comptroller of public accounts, or their
successors, on the application to the agency of the criteria
provided in Section 325.011;
(3) conduct a review of the agency based on the
criteria provided in Section 325.011 and prepare a written report;
and
(4) review the implementation of commission
recommendations contained in the reports presented to the
legislature during the preceding legislative session and the
resulting legislation.
SECTION 5.05. PUBLIC HEARINGS. Section 325.009(a),
Government Code, is amended to read as follows:
(a) Before February 1 of the year a state agency subject to
this chapter and its advisory committees are abolished or reviewed,
the commission shall conduct public hearings concerning but not
limited to the application to the agency of the criteria provided in
Section 325.011.
SECTION 5.06. REVIEW OF CERTAIN AGENCIES. Sections
325.0125(a) and (b), Government Code, are amended to read as
follows:
(a) In the two-year period preceding the date scheduled for
the abolition or review of a state agency under this chapter, the
commission may exempt certain agencies from the requirements of
this chapter relating to staff reports, hearings, and reviews.
(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 review, 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 5.07. REVIEW OF CERTAIN MULTISTATE COMPACTS.
Chapter 325, Government Code, is amended by adding Section 325.026
to read as follows:
Sec. 325.026. REVIEW OF CERTAIN MULTISTATE COMPACTS,
RECIPROCITY AGREEMENTS, AND OTHER SIMILAR AGREEMENTS. (a) During
a review of a state agency that is responsible for administering,
implementing, or enforcing a multistate compact, reciprocity
agreement, or other similar agreement to which this state is a
party, the commission shall review the compact or agreement as part
of the review of the state agency.
(b) If a multistate compact, reciprocity agreement, or
other similar agreement to which this state is a party is not
administered, implemented, or enforced by a state agency, or is
administered, implemented, or enforced by a state agency that is
not subject to review under this chapter, the commission shall
establish a review schedule to ensure that the compact or agreement
is reviewed every 10 years.
(c) The commission shall consult with the office of the
governor in determining whether a state agency is responsible for
administering, implementing, or enforcing a multistate compact,
reciprocity agreement, or other similar agreement to which this
state is a party.
(d) Not later than the 90th day after the date the state
enters into a multistate compact, reciprocity agreement, or other
similar agreement, the commission shall identify the state agency
responsible for administering, implementing, or enforcing the
compact or other agreement. If the compact or other agreement is
not administered, implemented, or enforced by a state agency or the
state agency that implements, administers, or enforces the compact
or agreement is not subject to review under this chapter, the
commission shall add the compact or agreement to the review
schedule under Subsection (b).
(e) The commission shall publish on the commission's
Internet website a list of each multistate compact, reciprocity
agreement, or other similar agreement to which this state is a
party, including:
(1) the state agency responsible for administering,
implementing, or enforcing the compact or agreement and the year
the state agency will be reviewed under this chapter; or
(2) the year the compact or other agreement will be
reviewed under the schedule required by Subsection (b).
(f) Not later than January 1, 2026, the commission shall
review each multistate compact, reciprocity agreement, or other
similar agreement to which this state is a party and identify the
state agency that is responsible for administering, implementing,
or enforcing the compact or agreement. If the commission
determines there is no state agency responsible for administering,
implementing, or enforcing a compact or agreement, or that a
compact or agreement is administered, implemented, or enforced by a
state agency that is not subject to review under this chapter, the
commission shall include the compact or agreement in the review
schedule required by Subsection (b). This subsection expires
September 1, 2027.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. 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, 2025.