Texas 2025 - 89th Regular

Texas House Bill HB1545 Compare Versions

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11 89R10570 BCH-D
22 By: Bell of Kaufman H.B. No. 1545
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the sunset review process and certain governmental
1010 entities subject to that process.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 ARTICLE 1. ENTITIES GIVEN 2031 SUNSET DATE
1313 SECTION 1.01. CREDIT UNION DEPARTMENT. Section 15.212,
1414 Finance Code, is amended to read as follows:
1515 Sec. 15.212. SUNSET PROVISION. The Credit Union Department
1616 and the Credit Union Commission are subject to Chapter 325,
1717 Government Code (Texas Sunset Act). Unless continued in existence
1818 as provided by that chapter, the department and commission are
1919 abolished September 1, 2031 [2035].
2020 SECTION 1.02. STATE OFFICE OF ADMINISTRATIVE HEARINGS.
2121 Section 2003.023, Government Code, is amended to read as follows:
2222 Sec. 2003.023. SUNSET PROVISION. The State Office of
2323 Administrative Hearings is subject to review under Chapter 325
2424 (Texas Sunset Act), but is not abolished under that chapter. The
2525 office shall be reviewed during the periods in which state agencies
2626 abolished in 2031 [2027] and every 12th year after 2031 [2027] are
2727 reviewed.
2828 SECTION 1.03. TEXAS JUVENILE JUSTICE DEPARTMENT. (a)
2929 Section 202.010, Human Resources Code, is amended to read as
3030 follows:
3131 Sec. 202.010. SUNSET PROVISION. The Texas Juvenile Justice
3232 Board and the Texas Juvenile Justice Department are subject to
3333 Chapter 325, Government Code (Texas Sunset Act). Unless continued
3434 in existence as provided by that chapter, the board and the
3535 department are abolished September 1, 2031 [2027].
3636 (b) Notwithstanding Section 202.010, Human Resources Code,
3737 as amended by this Act, the Sunset Advisory Commission shall
3838 conduct a limited-scope review of the Texas Juvenile Justice
3939 Department for the 90th Legislature.
4040 (c) In conducting the limited-scope review under this
4141 section, the Sunset Advisory Commission staff evaluation and report
4242 must be limited to assessing the Texas Juvenile Justice
4343 Department's administration of its regionalization duties aimed at
4444 prioritizing the use of local levels of the juvenile justice system
4545 over placement or commitment to secure facilities operated by the
4646 Texas Juvenile Justice Department.
4747 (d) The Sunset Advisory Commission may not review the office
4848 of independent ombudsman of the Texas Juvenile Justice Department
4949 as part of the limited-scope review conducted under this section.
5050 (e) The Sunset Advisory Commission's recommendations to the
5151 90th Legislature may include any recommendation the commission
5252 considers appropriate based on the limited-scope review conducted
5353 under this section.
5454 (f) The Texas Juvenile Justice Department shall submit a
5555 report not later than September 1, 2026, to the Sunset Advisory
5656 Commission, the speaker of the house of representatives, the
5757 lieutenant governor, and the standing committees of each house of
5858 the legislature with primary jurisdiction over juvenile justice
5959 that includes information about:
6060 (1) the status of the United States Department of
6161 Justice's investigation into the Texas Juvenile Justice Department
6262 and the Texas Juvenile Justice Department's progress in addressing
6363 findings as detailed in the United States Department of Justice's
6464 report titled "Investigation of the Texas Juvenile Justice
6565 Department," published on August 1, 2024;
6666 (2) the waitlist of youth committed to the Texas
6767 Juvenile Justice Department awaiting transfer to state secure
6868 facilities from county facilities;
6969 (3) the Texas Juvenile Justice Department's staffing
7070 and turnover at state facilities for each fiscal year since fiscal
7171 year 2016; and
7272 (4) the progress on construction of additional state
7373 juvenile correctional facilities for which the legislature
7474 appropriated funding in the 2024-2025 biennium.
7575 ARTICLE 2. ENTITIES GIVEN 2033 SUNSET DATE
7676 SECTION 2.01. STATE BOARD OF VETERINARY MEDICAL EXAMINERS.
7777 Section 801.003, Occupations Code, is amended to read as follows:
7878 Sec. 801.003. APPLICATION OF SUNSET ACT. The State Board of
7979 Veterinary Medical Examiners is subject to Chapter 325, Government
8080 Code (Texas Sunset Act). Unless continued in existence as provided
8181 by that chapter, the board is abolished September 1, 2033 [2027].
8282 ARTICLE 3. ENTITIES GIVEN 2035 SUNSET DATE
8383 SECTION 3.01. STATE SOIL AND WATER CONSERVATION BOARD.
8484 Section 12, Chapter 358 (S.B. 1424), Acts of the 88th Legislature,
8585 Regular Session, 2023, is repealed.
8686 ARTICLE 4. AMENDMENTS TO THE TEXAS SUNSET ACT
8787 SECTION 4.01. SUNSET ADVISORY COMMISSION. Section
8888 325.003(a-1), Government Code, is amended to read as follows:
8989 (a-1) A public member acts on behalf of the legislature when
9090 participating on the commission in furtherance of the legislature's
9191 duty to provide oversight of state [executive branch] agencies'
9292 implementation of legislative priorities.
9393 SECTION 4.02. AGENCY REPORT TO COMMISSION. Section
9494 325.007(a), Government Code, is amended to read as follows:
9595 (a) Before September 1 of the odd-numbered year before the
9696 year in which a state agency subject to this chapter is abolished or
9797 reviewed, the agency shall report to the commission:
9898 (1) information regarding the application to the
9999 agency of the criteria in Section 325.011; and
100100 (2) any other information that the agency considers
101101 appropriate or that is requested by the commission.
102102 SECTION 4.03. REPORTING REQUIREMENTS OF AGENCY BEING
103103 REVIEWED. Section 325.0075, Government Code, is amended to read as
104104 follows:
105105 Sec. 325.0075. REPORTING REQUIREMENTS OF AGENCY BEING
106106 REVIEWED. Before September 1 of the odd-numbered year before the
107107 year in which a state agency subject to this chapter is abolished or
108108 reviewed, the agency shall submit to the commission, the governor,
109109 the lieutenant governor, and each member of the legislature a
110110 report that:
111111 (1) lists each report that the agency is required by a
112112 statute to prepare; and
113113 (2) evaluates the need for each report listed in
114114 Subdivision (1) based on whether factors or conditions have changed
115115 since the date the statutory requirement to prepare the report was
116116 enacted.
117117 SECTION 4.04. COMMISSION DUTIES. Section 325.008(a),
118118 Government Code, is amended to read as follows:
119119 (a) Before January 1 of the year in which a state agency
120120 subject to this chapter and its advisory committees are abolished
121121 or reviewed, the commission shall:
122122 (1) review and take action necessary to verify the
123123 reports submitted by the agency under Section 325.007;
124124 (2) consult the Legislative Budget Board, the
125125 Governor's Budget, Policy, and Planning Division, the State
126126 Auditor, and the comptroller of public accounts, or their
127127 successors, on the application to the agency of the criteria
128128 provided in Section 325.011;
129129 (3) conduct a review of the agency based on the
130130 criteria provided in Section 325.011 and prepare a written report;
131131 and
132132 (4) review the implementation of commission
133133 recommendations contained in the reports presented to the
134134 legislature during the preceding legislative session and the
135135 resulting legislation.
136136 SECTION 4.05. PUBLIC HEARINGS. Section 325.009(a),
137137 Government Code, is amended to read as follows:
138138 (a) Before February 1 of the year a state agency subject to
139139 this chapter and its advisory committees are abolished or reviewed,
140140 the commission shall conduct public hearings concerning but not
141141 limited to the application to the agency of the criteria provided in
142142 Section 325.011.
143143 SECTION 4.06. REVIEW OF CERTAIN AGENCIES. Sections
144144 325.0125(a) and (b), Government Code, are amended to read as
145145 follows:
146146 (a) In the two-year period preceding the date scheduled for
147147 the abolition or review of a state agency under this chapter, the
148148 commission may exempt certain agencies from the requirements of
149149 this chapter relating to staff reports, hearings, and reviews.
150150 (b) The commission may only exempt agencies that have been
151151 inactive for a period of two years preceding the date the agency is
152152 scheduled for abolition or review, that have been rendered inactive
153153 by an action of the legislature, or that the commission determines
154154 are unable to participate in the review due to a declared disaster.
155155 ARTICLE 5. EFFECTIVE DATE
156156 SECTION 5.01. EFFECTIVE DATE. This Act takes effect
157157 immediately if it receives a vote of two-thirds of all the members
158158 elected to each house, as provided by Section 39, Article III, Texas
159159 Constitution. If this Act does not receive the vote necessary for
160160 immediate effect, this Act takes effect September 1, 2025.