1 | 1 | | 89R10570 BCH-D |
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2 | 2 | | By: Bell of Kaufman H.B. No. 1545 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to the sunset review process and certain governmental |
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10 | 10 | | entities subject to that process. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | ARTICLE 1. ENTITIES GIVEN 2031 SUNSET DATE |
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13 | 13 | | SECTION 1.01. CREDIT UNION DEPARTMENT. Section 15.212, |
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14 | 14 | | Finance Code, is amended to read as follows: |
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15 | 15 | | Sec. 15.212. SUNSET PROVISION. The Credit Union Department |
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16 | 16 | | and the Credit Union Commission are subject to Chapter 325, |
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17 | 17 | | Government Code (Texas Sunset Act). Unless continued in existence |
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18 | 18 | | as provided by that chapter, the department and commission are |
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19 | 19 | | abolished September 1, 2031 [2035]. |
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20 | 20 | | SECTION 1.02. STATE OFFICE OF ADMINISTRATIVE HEARINGS. |
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21 | 21 | | Section 2003.023, Government Code, is amended to read as follows: |
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22 | 22 | | Sec. 2003.023. SUNSET PROVISION. The State Office of |
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23 | 23 | | Administrative Hearings is subject to review under Chapter 325 |
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24 | 24 | | (Texas Sunset Act), but is not abolished under that chapter. The |
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25 | 25 | | office shall be reviewed during the periods in which state agencies |
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26 | 26 | | abolished in 2031 [2027] and every 12th year after 2031 [2027] are |
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27 | 27 | | reviewed. |
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28 | 28 | | SECTION 1.03. TEXAS JUVENILE JUSTICE DEPARTMENT. (a) |
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29 | 29 | | Section 202.010, Human Resources Code, is amended to read as |
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30 | 30 | | follows: |
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31 | 31 | | Sec. 202.010. SUNSET PROVISION. The Texas Juvenile Justice |
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32 | 32 | | Board and the Texas Juvenile Justice Department are subject to |
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33 | 33 | | Chapter 325, Government Code (Texas Sunset Act). Unless continued |
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34 | 34 | | in existence as provided by that chapter, the board and the |
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35 | 35 | | department are abolished September 1, 2031 [2027]. |
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36 | 36 | | (b) Notwithstanding Section 202.010, Human Resources Code, |
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37 | 37 | | as amended by this Act, the Sunset Advisory Commission shall |
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38 | 38 | | conduct a limited-scope review of the Texas Juvenile Justice |
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39 | 39 | | Department for the 90th Legislature. |
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40 | 40 | | (c) In conducting the limited-scope review under this |
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41 | 41 | | section, the Sunset Advisory Commission staff evaluation and report |
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42 | 42 | | must be limited to assessing the Texas Juvenile Justice |
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43 | 43 | | Department's administration of its regionalization duties aimed at |
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44 | 44 | | prioritizing the use of local levels of the juvenile justice system |
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45 | 45 | | over placement or commitment to secure facilities operated by the |
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46 | 46 | | Texas Juvenile Justice Department. |
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47 | 47 | | (d) The Sunset Advisory Commission may not review the office |
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48 | 48 | | of independent ombudsman of the Texas Juvenile Justice Department |
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49 | 49 | | as part of the limited-scope review conducted under this section. |
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50 | 50 | | (e) The Sunset Advisory Commission's recommendations to the |
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51 | 51 | | 90th Legislature may include any recommendation the commission |
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52 | 52 | | considers appropriate based on the limited-scope review conducted |
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53 | 53 | | under this section. |
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54 | 54 | | (f) The Texas Juvenile Justice Department shall submit a |
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55 | 55 | | report not later than September 1, 2026, to the Sunset Advisory |
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56 | 56 | | Commission, the speaker of the house of representatives, the |
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57 | 57 | | lieutenant governor, and the standing committees of each house of |
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58 | 58 | | the legislature with primary jurisdiction over juvenile justice |
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59 | 59 | | that includes information about: |
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60 | 60 | | (1) the status of the United States Department of |
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61 | 61 | | Justice's investigation into the Texas Juvenile Justice Department |
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62 | 62 | | and the Texas Juvenile Justice Department's progress in addressing |
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63 | 63 | | findings as detailed in the United States Department of Justice's |
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64 | 64 | | report titled "Investigation of the Texas Juvenile Justice |
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65 | 65 | | Department," published on August 1, 2024; |
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66 | 66 | | (2) the waitlist of youth committed to the Texas |
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67 | 67 | | Juvenile Justice Department awaiting transfer to state secure |
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68 | 68 | | facilities from county facilities; |
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69 | 69 | | (3) the Texas Juvenile Justice Department's staffing |
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70 | 70 | | and turnover at state facilities for each fiscal year since fiscal |
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71 | 71 | | year 2016; and |
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72 | 72 | | (4) the progress on construction of additional state |
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73 | 73 | | juvenile correctional facilities for which the legislature |
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74 | 74 | | appropriated funding in the 2024-2025 biennium. |
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75 | 75 | | ARTICLE 2. ENTITIES GIVEN 2033 SUNSET DATE |
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76 | 76 | | SECTION 2.01. STATE BOARD OF VETERINARY MEDICAL EXAMINERS. |
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77 | 77 | | Section 801.003, Occupations Code, is amended to read as follows: |
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78 | 78 | | Sec. 801.003. APPLICATION OF SUNSET ACT. The State Board of |
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79 | 79 | | Veterinary Medical Examiners is subject to Chapter 325, Government |
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80 | 80 | | Code (Texas Sunset Act). Unless continued in existence as provided |
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81 | 81 | | by that chapter, the board is abolished September 1, 2033 [2027]. |
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82 | 82 | | ARTICLE 3. ENTITIES GIVEN 2035 SUNSET DATE |
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83 | 83 | | SECTION 3.01. STATE SOIL AND WATER CONSERVATION BOARD. |
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84 | 84 | | Section 12, Chapter 358 (S.B. 1424), Acts of the 88th Legislature, |
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85 | 85 | | Regular Session, 2023, is repealed. |
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86 | 86 | | ARTICLE 4. AMENDMENTS TO THE TEXAS SUNSET ACT |
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87 | 87 | | SECTION 4.01. SUNSET ADVISORY COMMISSION. Section |
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88 | 88 | | 325.003(a-1), Government Code, is amended to read as follows: |
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89 | 89 | | (a-1) A public member acts on behalf of the legislature when |
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90 | 90 | | participating on the commission in furtherance of the legislature's |
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91 | 91 | | duty to provide oversight of state [executive branch] agencies' |
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92 | 92 | | implementation of legislative priorities. |
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93 | 93 | | SECTION 4.02. AGENCY REPORT TO COMMISSION. Section |
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94 | 94 | | 325.007(a), Government Code, is amended to read as follows: |
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95 | 95 | | (a) Before September 1 of the odd-numbered year before the |
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96 | 96 | | year in which a state agency subject to this chapter is abolished or |
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97 | 97 | | reviewed, the agency shall report to the commission: |
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98 | 98 | | (1) information regarding the application to the |
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99 | 99 | | agency of the criteria in Section 325.011; and |
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100 | 100 | | (2) any other information that the agency considers |
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101 | 101 | | appropriate or that is requested by the commission. |
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102 | 102 | | SECTION 4.03. REPORTING REQUIREMENTS OF AGENCY BEING |
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103 | 103 | | REVIEWED. Section 325.0075, Government Code, is amended to read as |
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104 | 104 | | follows: |
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105 | 105 | | Sec. 325.0075. REPORTING REQUIREMENTS OF AGENCY BEING |
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106 | 106 | | REVIEWED. Before September 1 of the odd-numbered year before the |
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107 | 107 | | year in which a state agency subject to this chapter is abolished or |
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108 | 108 | | reviewed, the agency shall submit to the commission, the governor, |
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109 | 109 | | the lieutenant governor, and each member of the legislature a |
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110 | 110 | | report that: |
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111 | 111 | | (1) lists each report that the agency is required by a |
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112 | 112 | | statute to prepare; and |
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113 | 113 | | (2) evaluates the need for each report listed in |
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114 | 114 | | Subdivision (1) based on whether factors or conditions have changed |
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115 | 115 | | since the date the statutory requirement to prepare the report was |
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116 | 116 | | enacted. |
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117 | 117 | | SECTION 4.04. COMMISSION DUTIES. Section 325.008(a), |
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118 | 118 | | Government Code, is amended to read as follows: |
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119 | 119 | | (a) Before January 1 of the year in which a state agency |
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120 | 120 | | subject to this chapter and its advisory committees are abolished |
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121 | 121 | | or reviewed, the commission shall: |
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122 | 122 | | (1) review and take action necessary to verify the |
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123 | 123 | | reports submitted by the agency under Section 325.007; |
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124 | 124 | | (2) consult the Legislative Budget Board, the |
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125 | 125 | | Governor's Budget, Policy, and Planning Division, the State |
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126 | 126 | | Auditor, and the comptroller of public accounts, or their |
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127 | 127 | | successors, on the application to the agency of the criteria |
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128 | 128 | | provided in Section 325.011; |
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129 | 129 | | (3) conduct a review of the agency based on the |
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130 | 130 | | criteria provided in Section 325.011 and prepare a written report; |
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131 | 131 | | and |
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132 | 132 | | (4) review the implementation of commission |
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133 | 133 | | recommendations contained in the reports presented to the |
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134 | 134 | | legislature during the preceding legislative session and the |
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135 | 135 | | resulting legislation. |
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136 | 136 | | SECTION 4.05. PUBLIC HEARINGS. Section 325.009(a), |
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137 | 137 | | Government Code, is amended to read as follows: |
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138 | 138 | | (a) Before February 1 of the year a state agency subject to |
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139 | 139 | | this chapter and its advisory committees are abolished or reviewed, |
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140 | 140 | | the commission shall conduct public hearings concerning but not |
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141 | 141 | | limited to the application to the agency of the criteria provided in |
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142 | 142 | | Section 325.011. |
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143 | 143 | | SECTION 4.06. REVIEW OF CERTAIN AGENCIES. Sections |
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144 | 144 | | 325.0125(a) and (b), Government Code, are amended to read as |
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145 | 145 | | follows: |
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146 | 146 | | (a) In the two-year period preceding the date scheduled for |
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147 | 147 | | the abolition or review of a state agency under this chapter, the |
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148 | 148 | | commission may exempt certain agencies from the requirements of |
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149 | 149 | | this chapter relating to staff reports, hearings, and reviews. |
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150 | 150 | | (b) The commission may only exempt agencies that have been |
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151 | 151 | | inactive for a period of two years preceding the date the agency is |
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152 | 152 | | scheduled for abolition or review, that have been rendered inactive |
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153 | 153 | | by an action of the legislature, or that the commission determines |
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154 | 154 | | are unable to participate in the review due to a declared disaster. |
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155 | 155 | | ARTICLE 5. EFFECTIVE DATE |
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156 | 156 | | SECTION 5.01. EFFECTIVE DATE. This Act takes effect |
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157 | 157 | | immediately if it receives a vote of two-thirds of all the members |
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158 | 158 | | elected to each house, as provided by Section 39, Article III, Texas |
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159 | 159 | | Constitution. If this Act does not receive the vote necessary for |
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160 | 160 | | immediate effect, this Act takes effect September 1, 2025. |
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