1 | 1 | | 89R15506 BCH-D |
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2 | 2 | | By: Pierson H.B. No. 3971 |
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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 renaming the Sunset Advisory Commission the Department |
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10 | 10 | | of Government Efficiency (DOGE) and to the duties of that |
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11 | 11 | | department. |
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12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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13 | 13 | | SECTION 1. Section 11.003, Agriculture Code, is amended to |
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14 | 14 | | read as follows: |
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15 | 15 | | Sec. 11.003. DOGE [SUNSET] PROVISION. The Department of |
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16 | 16 | | Agriculture is subject to Chapter 325, Government Code (Texas DOGE |
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17 | 17 | | [Sunset] Act). Unless continued in existence as provided by that |
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18 | 18 | | chapter, the department is abolished September 1, 2035. |
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19 | 19 | | SECTION 2. The heading to Section 74.127, Agriculture Code, |
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20 | 20 | | is amended to read as follows: |
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21 | 21 | | Sec. 74.127. DOGE [SUNSET] PROVISION. |
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22 | 22 | | SECTION 3. Section 74.127(a), Agriculture Code, is amended |
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23 | 23 | | to read as follows: |
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24 | 24 | | (a) The board of directors of the official cotton growers' |
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25 | 25 | | boll weevil eradication foundation is subject to Chapter 325, |
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26 | 26 | | Government Code (Texas DOGE [Sunset] Act). Unless continued in |
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27 | 27 | | existence as provided by that chapter, the board is abolished |
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28 | 28 | | September 1, 2035. |
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29 | 29 | | SECTION 4. Section 161.027, Agriculture Code, is amended to |
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30 | 30 | | read as follows: |
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31 | 31 | | Sec. 161.027. DOGE [SUNSET] PROVISION. The Texas Animal |
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32 | 32 | | Health Commission is subject to Chapter 325, Government Code (Texas |
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33 | 33 | | DOGE [Sunset] Act). Unless continued in existence as provided by |
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34 | 34 | | that chapter, the commission is abolished September 1, 2035. |
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35 | 35 | | SECTION 5. Section 201.025, Agriculture Code, is amended to |
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36 | 36 | | read as follows: |
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37 | 37 | | Sec. 201.025. DOGE [SUNSET] PROVISION. The State Soil and |
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38 | 38 | | Water Conservation Board is subject to Chapter 325, Government Code |
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39 | 39 | | (Texas DOGE [Sunset] Act). Unless continued in existence as |
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40 | 40 | | provided by that chapter, the state board is abolished September 1, |
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41 | 41 | | 2035. |
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42 | 42 | | SECTION 6. Section 5.01(b), Alcoholic Beverage Code, is |
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43 | 43 | | amended to read as follows: |
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44 | 44 | | (b) The Texas Alcoholic Beverage Commission is subject to |
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45 | 45 | | Chapter 325, Government Code (Texas DOGE [Sunset] Act). Unless |
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46 | 46 | | continued in existence as provided by that chapter, the commission |
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47 | 47 | | is abolished and Subchapter A, Chapter 5, expires September 1, |
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48 | 48 | | 2031. |
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49 | 49 | | SECTION 7. Section 7.004, Education Code, is amended to |
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50 | 50 | | read as follows: |
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51 | 51 | | Sec. 7.004. DOGE [SUNSET] PROVISION. (a) The Texas |
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52 | 52 | | Education Agency is subject to Chapter 325, Government Code (Texas |
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53 | 53 | | DOGE [Sunset] Act). Unless continued in existence as provided by |
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54 | 54 | | that chapter, the agency is abolished September 1, 2029. |
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55 | 55 | | (b) As part of the Department of Government Efficiency's |
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56 | 56 | | [Sunset Advisory Commission's] review of the agency under |
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57 | 57 | | Subsection (a), the department [commission] in coordination with |
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58 | 58 | | the agency shall select for review three regional education service |
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59 | 59 | | centers that serve diverse geographic areas of the state and |
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60 | 60 | | diverse population sizes. The department's [commission's] review |
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61 | 61 | | of the agency must include an evaluation of the agency's oversight |
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62 | 62 | | of the centers. |
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63 | 63 | | SECTION 8. Section 19.0022, Education Code, is amended to |
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64 | 64 | | read as follows: |
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65 | 65 | | Sec. 19.0022. DOGE [SUNSET] PROVISION. The Windham School |
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66 | 66 | | District is subject to review under Chapter 325, Government Code |
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67 | 67 | | (Texas DOGE [Sunset] Act). The district shall be reviewed during |
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68 | 68 | | the period in which the Texas Department of Criminal Justice is |
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69 | 69 | | reviewed. |
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70 | 70 | | SECTION 9. Section 33.254, Education Code, is amended to |
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71 | 71 | | read as follows: |
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72 | 72 | | Sec. 33.254. DOGE [SUNSET] PROVISION. The council is |
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73 | 73 | | subject to Chapter 325, Government Code (Texas DOGE [Sunset] Act). |
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74 | 74 | | Unless continued in existence as provided by that chapter, the |
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75 | 75 | | council is abolished and this subchapter expires September 1, 2029. |
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76 | 76 | | SECTION 10. Section 51.153(e), Education Code, is amended |
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77 | 77 | | to read as follows: |
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78 | 78 | | (e) The Western Information Network Association is subject |
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79 | 79 | | to the Texas DOGE [Sunset] Act (Chapter 325, Government Code). |
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80 | 80 | | Unless continued in existence as provided by that Act, the |
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81 | 81 | | association is abolished September 1, 1989. |
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82 | 82 | | SECTION 11. Section 51.168(d), Education Code, is amended |
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83 | 83 | | to read as follows: |
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84 | 84 | | (d) An information network association created under this |
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85 | 85 | | section is subject to the Texas DOGE [Sunset] Act (Chapter 325, |
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86 | 86 | | Government Code). Unless continued in existence as provided by |
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87 | 87 | | that Act, the association is abolished September 1, 1989. |
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88 | 88 | | SECTION 12. Section 54.603, Education Code, is amended to |
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89 | 89 | | read as follows: |
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90 | 90 | | Sec. 54.603. DOGE [SUNSET] PROVISION. The Prepaid Higher |
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91 | 91 | | Education Tuition Board is subject to Chapter 325, Government Code |
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92 | 92 | | (Texas DOGE [Sunset] Act). Unless continued in existence as |
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93 | 93 | | provided by that chapter, the board is abolished September 1, 2035. |
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94 | 94 | | SECTION 13. Section 61.0211, Education Code, is amended to |
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95 | 95 | | read as follows: |
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96 | 96 | | Sec. 61.0211. DOGE [SUNSET] PROVISION. The Texas Higher |
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97 | 97 | | Education Coordinating Board is subject to Chapter 325, Government |
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98 | 98 | | Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
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99 | 99 | | provided by that chapter, the board is abolished and this chapter |
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100 | 100 | | expires September 1, 2029. |
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101 | 101 | | SECTION 14. Section 11.108, Finance Code, is amended to |
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102 | 102 | | read as follows: |
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103 | 103 | | Sec. 11.108. DOGE [SUNSET] PROVISION. The finance |
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104 | 104 | | commission is subject to Chapter 325, Government Code (Texas DOGE |
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105 | 105 | | [Sunset] Act). Unless continued in existence as provided by that |
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106 | 106 | | chapter, the commission is abolished September 1, 2031. |
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107 | 107 | | SECTION 15. Section 12.109, Finance Code, is amended to |
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108 | 108 | | read as follows: |
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109 | 109 | | Sec. 12.109. DOGE [SUNSET] PROVISION. The office of |
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110 | 110 | | banking commissioner is subject to Chapter 325, Government Code |
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111 | 111 | | (Texas DOGE [Sunset] Act). Unless continued in existence as |
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112 | 112 | | provided by that chapter, the office is abolished September 1, |
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113 | 113 | | 2031. |
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114 | 114 | | SECTION 16. Section 13.012, Finance Code, is amended to |
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115 | 115 | | read as follows: |
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116 | 116 | | Sec. 13.012. DOGE [SUNSET] PROVISION. The office of |
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117 | 117 | | savings and mortgage lending commissioner and the Department of |
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118 | 118 | | Savings and Mortgage Lending are subject to Chapter 325, Government |
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119 | 119 | | Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
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120 | 120 | | provided by that chapter, the office and department are abolished |
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121 | 121 | | September 1, 2031. |
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122 | 122 | | SECTION 17. Section 14.066, Finance Code, is amended to |
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123 | 123 | | read as follows: |
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124 | 124 | | Sec. 14.066. DOGE [SUNSET] PROVISION. The office is |
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125 | 125 | | subject to Chapter 325, Government Code (Texas DOGE [Sunset] Act). |
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126 | 126 | | Unless continued in existence as provided by that chapter, the |
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127 | 127 | | office is abolished September 1, 2031. |
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128 | 128 | | SECTION 18. Section 15.212, Finance Code, is amended to |
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129 | 129 | | read as follows: |
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130 | 130 | | Sec. 15.212. DOGE [SUNSET] PROVISION. The Credit Union |
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131 | 131 | | Department and the Credit Union Commission are subject to Chapter |
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132 | 132 | | 325, Government Code (Texas DOGE [Sunset] Act). Unless continued |
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133 | 133 | | in existence as provided by that chapter, the department and |
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134 | 134 | | commission are abolished September 1, 2035. |
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135 | 135 | | SECTION 19. Section 33.003, Government Code, is amended to |
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136 | 136 | | read as follows: |
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137 | 137 | | Sec. 33.003. DOGE [SUNSET] PROVISION. The State Commission |
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138 | 138 | | on Judicial Conduct is subject to review under Chapter 325 (Texas |
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139 | 139 | | DOGE [Sunset] Act), but is not abolished under that chapter. The |
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140 | 140 | | commission shall be reviewed during the period in which state |
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141 | 141 | | agencies abolished in 2029, and every 12th year after that year, are |
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142 | 142 | | reviewed. |
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143 | 143 | | SECTION 20. Section 33.0322, Government Code, is amended to |
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144 | 144 | | read as follows: |
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145 | 145 | | Sec. 33.0322. CONFIDENTIAL INFORMATION PROVIDED TO |
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146 | 146 | | DEPARTMENT OF GOVERNMENT EFFICIENCY [SUNSET ADVISORY COMMISSION]. |
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147 | 147 | | (a) Notwithstanding Section 33.032 or other law, including Section |
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148 | 148 | | 1-a(10), Article V, Texas Constitution, the commission shall |
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149 | 149 | | provide to the Department of Government Efficiency [Sunset Advisory |
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150 | 150 | | Commission] staff conducting a review under Chapter 325 (Texas DOGE |
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151 | 151 | | [Sunset] Act) access to the commission's confidential documents, |
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152 | 152 | | records, meetings, and proceedings, including proceedings in which |
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153 | 153 | | testimony is given, as the Department of Government Efficiency |
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154 | 154 | | [Sunset Advisory Commission] staff determines necessary to conduct |
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155 | 155 | | a complete and thorough evaluation of the commission's activities. |
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156 | 156 | | (b) The confidentiality provisions of this chapter and |
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157 | 157 | | other law do not authorize the commission to withhold from the |
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158 | 158 | | Department of Government Efficiency [Sunset Advisory Commission] |
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159 | 159 | | staff access to any confidential document, record, meeting, or |
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160 | 160 | | proceeding to which the Department of Government Efficiency [Sunset |
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161 | 161 | | Advisory Commission] staff determines access is necessary for a |
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162 | 162 | | review under Chapter 325 (Texas DOGE [Sunset] Act). |
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163 | 163 | | (c) The Department of Government Efficiency [Sunset |
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164 | 164 | | Advisory Commission] staff shall maintain the confidentiality the |
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165 | 165 | | commission is required to maintain under this chapter and other law |
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166 | 166 | | for each document, record, meeting, or proceeding that the staff |
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167 | 167 | | accesses or receives as part of a review under Chapter 325 (Texas |
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168 | 168 | | DOGE [Sunset] Act). |
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169 | 169 | | (d) The commission does not violate the attorney-client |
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170 | 170 | | privilege, or any other privilege or confidentiality requirement |
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171 | 171 | | protected or required by the Texas Constitution, common law, |
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172 | 172 | | statutory law, or rules of evidence, procedure, or professional |
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173 | 173 | | conduct, by providing to the Department of Government Efficiency |
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174 | 174 | | [Sunset Advisory Commission] staff for purposes of a review under |
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175 | 175 | | Chapter 325 (Texas DOGE [Sunset] Act) a confidential communication, |
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176 | 176 | | including a document or record or any testimony or other |
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177 | 177 | | information presented in a closed meeting or proceeding of the |
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178 | 178 | | commission, that is made between the commission and its attorneys |
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179 | 179 | | or other employees assisting the commission in its decision-making |
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180 | 180 | | process. |
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181 | 181 | | SECTION 21. Section 81.003, Government Code, is amended to |
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182 | 182 | | read as follows: |
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183 | 183 | | Sec. 81.003. DOGE [SUNSET] PROVISION. The state bar is |
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184 | 184 | | subject to Chapter 325 (Texas DOGE [Sunset] Act). Unless continued |
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185 | 185 | | in existence as provided by that chapter, this chapter expires |
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186 | 186 | | September 1, 2029. |
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187 | 187 | | SECTION 22. Section 81.113(a), Government Code, is amended |
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188 | 188 | | to read as follows: |
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189 | 189 | | (a) Except as provided by Subsection (b), the state bar |
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190 | 190 | | shall credit an attorney licensed in this state with meeting the |
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191 | 191 | | minimum continuing legal education requirements of the state bar |
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192 | 192 | | for a reporting year if during the reporting year the attorney is |
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193 | 193 | | employed full-time as an attorney by: |
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194 | 194 | | (1) the senate; |
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195 | 195 | | (2) the house of representatives; |
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196 | 196 | | (3) a committee, division, department, or office of |
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197 | 197 | | the senate or house; |
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198 | 198 | | (4) the Texas Legislative Council; |
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199 | 199 | | (5) the Legislative Budget Board; |
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200 | 200 | | (6) the Legislative Reference Library; |
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201 | 201 | | (7) the office of the state auditor; or |
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202 | 202 | | (8) the Department of Government Efficiency [Sunset |
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203 | 203 | | Advisory Commission]. |
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204 | 204 | | SECTION 23. Section 82.006, Government Code, is amended to |
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205 | 205 | | read as follows: |
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206 | 206 | | Sec. 82.006. DOGE [SUNSET] PROVISION. The Board of Law |
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207 | 207 | | Examiners is subject to Chapter 325 (Texas DOGE [Sunset] Act). |
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208 | 208 | | Unless continued in existence as provided by that chapter, the |
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209 | 209 | | board is abolished September 1, 2029. |
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210 | 210 | | SECTION 24. Section 152.001, Government Code, is amended to |
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211 | 211 | | read as follows: |
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212 | 212 | | Sec. 152.001. DOGE [SUNSET] PROVISION. The Judicial Branch |
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213 | 213 | | Certification Commission is subject to Chapter 325 (Texas DOGE |
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214 | 214 | | [Sunset] Act), but is not abolished under that chapter. The |
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215 | 215 | | commission shall be reviewed during the period in which state |
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216 | 216 | | agencies abolished in 2029, and every 12th year after that year, are |
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217 | 217 | | reviewed. |
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218 | 218 | | SECTION 25. Section 321.013(c), Government Code, is amended |
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219 | 219 | | to read as follows: |
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220 | 220 | | (c) The State Auditor shall recommend the audit plan for the |
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221 | 221 | | state for each year to the committee. In devising the plan, the |
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222 | 222 | | State Auditor shall consider recommendations concerning |
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223 | 223 | | coordination of agency functions made jointly by representatives of |
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224 | 224 | | the Legislative Budget Board, Department of Government Efficiency |
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225 | 225 | | [Sunset Advisory Commission], and State Auditor's Office. The |
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226 | 226 | | State Auditor shall also consider the extent to which a department |
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227 | 227 | | has received a significant increase in appropriations, including a |
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228 | 228 | | significant increase in federal or other money passed through to |
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229 | 229 | | the department, and shall review procurement activities for |
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230 | 230 | | compliance with Section 2161.123. The plan shall provide for |
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231 | 231 | | auditing of federal programs at least as often as required under |
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232 | 232 | | federal law and shall ensure that audit requirements of all bond |
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233 | 233 | | covenants and other credit or financial agreements are satisfied. |
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234 | 234 | | The committee shall review and approve the plan. |
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235 | 235 | | SECTION 26. Section 321.0134(b), Government Code, is |
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236 | 236 | | amended to read as follows: |
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237 | 237 | | (b) An effectiveness audit may be scheduled only when the |
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238 | 238 | | audited entity is not scheduled for review under the Texas DOGE |
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239 | 239 | | [Sunset] Act (Chapter 325). |
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240 | 240 | | SECTION 27. Section 322.0175(a), Government Code, is |
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241 | 241 | | amended to read as follows: |
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242 | 242 | | (a) The board shall perform a strategic fiscal review for |
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243 | 243 | | each state agency currently the subject of Department of Government |
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244 | 244 | | Efficiency [Sunset Advisory Commission] review under Chapter 325 |
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245 | 245 | | (Texas DOGE [Sunset] Act). The board shall not perform a review |
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246 | 246 | | under this section of state agencies listed in Section 325.025(b), |
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247 | 247 | | Government Code, because these agencies are not subject to the |
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248 | 248 | | legislative appropriations process. |
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249 | 249 | | SECTION 28. The heading to Chapter 325, Government Code, is |
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250 | 250 | | amended to read as follows: |
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251 | 251 | | CHAPTER 325. DOGE [SUNSET] LAW |
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252 | 252 | | SECTION 29. Section 325.001, Government Code, is amended to |
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253 | 253 | | read as follows: |
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254 | 254 | | Sec. 325.001. SHORT TITLE. This chapter may be cited as the |
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255 | 255 | | Texas DOGE [Sunset] Act. |
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256 | 256 | | SECTION 30. Section 325.002, Government Code, is amended by |
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257 | 257 | | amending Subdivision (3) and adding Subdivision (4) to read as |
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258 | 258 | | follows: |
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259 | 259 | | (3) "Board" ["Commission"] means the board of the |
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260 | 260 | | Department of Government Efficiency [Sunset Advisory Commission]. |
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261 | 261 | | (4) "Department" means the Department of Government |
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262 | 262 | | Efficiency. |
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263 | 263 | | SECTION 31. The heading to Section 325.003, Government |
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264 | 264 | | Code, is amended to read as follows: |
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265 | 265 | | Sec. 325.003. DEPARTMENT OF GOVERNMENT EFFICIENCY; BOARD |
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266 | 266 | | [SUNSET ADVISORY COMMISSION]. |
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267 | 267 | | SECTION 32. Sections 325.003(a), (a-1), (b), (c), (d), (e), |
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268 | 268 | | (e-1), (g), (i), (j), and (k), Government Code, are amended to read |
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269 | 269 | | as follows: |
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270 | 270 | | (a) The Department of Government Efficiency [Sunset |
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271 | 271 | | Advisory Commission] is a legislative agency that has as its goal |
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272 | 272 | | the streamlining of government through the use of technology to |
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273 | 273 | | find and eliminate waste and inefficiency. The department is |
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274 | 274 | | governed by a board that consists of five members of the senate and |
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275 | 275 | | one public member appointed by the lieutenant governor and five |
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276 | 276 | | members of the house of representatives and one public member |
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277 | 277 | | appointed by the speaker of the house. The lieutenant governor and |
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278 | 278 | | the speaker of the house may serve as one of the legislative |
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279 | 279 | | appointees. |
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280 | 280 | | (a-1) A public member acts on behalf of the legislature when |
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281 | 281 | | participating on the board [commission] in furtherance of the |
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282 | 282 | | legislature's duty to provide oversight of executive branch |
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283 | 283 | | agencies' implementation of legislative priorities. |
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284 | 284 | | (b) An individual is not eligible for appointment as a |
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285 | 285 | | public member if the individual or the individual's spouse is: |
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286 | 286 | | (1) regulated by a state agency that the board |
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287 | 287 | | [commission] will review during the term for which the individual |
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288 | 288 | | would serve; |
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289 | 289 | | (2) employed by, participates in the management of, or |
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290 | 290 | | directly or indirectly has more than a 10 percent interest in a |
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291 | 291 | | business entity or other organization regulated by a state agency |
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292 | 292 | | the board [commission] will review during the term for which the |
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293 | 293 | | individual would serve; or |
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294 | 294 | | (3) required to register as a lobbyist under Chapter |
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295 | 295 | | 305 because of the person's activities for compensation on behalf |
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296 | 296 | | of a profession or entity related to the operation of an agency |
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297 | 297 | | under review. |
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298 | 298 | | (c) It is a ground for removal of a public member from the |
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299 | 299 | | board [commission] if the member does not have the qualifications |
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300 | 300 | | required by Subsection (b) for appointment to the board |
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301 | 301 | | [commission] at the time of appointment or does not maintain the |
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302 | 302 | | qualifications while serving on the board [commission]. The |
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303 | 303 | | validity of the board's [commission's] action is not affected by the |
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304 | 304 | | fact that it was taken when a ground for removal of a public member |
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305 | 305 | | from the board [commission] existed. |
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306 | 306 | | (d) Legislative members serve four-year terms, with terms |
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307 | 307 | | staggered so that the terms of as near to one-half of the |
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308 | 308 | | legislative members appointed by the lieutenant governor as |
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309 | 309 | | possible and the terms of as near to one-half of the legislative |
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310 | 310 | | members appointed by the speaker as possible expire September 1 of |
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311 | 311 | | each odd-numbered year. If the lieutenant governor or the speaker |
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312 | 312 | | serves on the board [commission], service continues until |
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313 | 313 | | resignation from the board [commission] or until the individual |
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314 | 314 | | ceases to hold the office. Public members serve two-year terms |
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315 | 315 | | expiring September 1 of each odd-numbered year. |
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316 | 316 | | (e) Members other than the lieutenant governor and the |
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317 | 317 | | speaker are subject to the following restrictions: |
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318 | 318 | | (1) after a legislative member serves two terms on the |
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319 | 319 | | board [commission] or a public member serves three terms on the |
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320 | 320 | | board [commission], the individual is not eligible for appointment |
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321 | 321 | | to another term or part of a term; |
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322 | 322 | | (2) a legislative member who serves a full term may not |
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323 | 323 | | be appointed to an immediately succeeding term; and |
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324 | 324 | | (3) a public member may not serve more than two |
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325 | 325 | | consecutive terms, and, for purposes of this prohibition, a member |
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326 | 326 | | is considered to have served a term only if the member has served |
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327 | 327 | | more than half of the term. |
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328 | 328 | | (e-1) If an individual serves for less than a full term, the |
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329 | 329 | | term is not counted toward determining the individual's eligibility |
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330 | 330 | | to serve on the board [commission] under Subsection (e)(1) unless |
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331 | 331 | | the individual was a member of the board [commission] for each |
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332 | 332 | | public hearing at which the state agencies being reviewed during |
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333 | 333 | | the individual's term were discussed. |
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334 | 334 | | (g) If a legislative member ceases to be a member of the |
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335 | 335 | | house from which he was appointed, the member vacates his |
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336 | 336 | | membership on the board [commission]. |
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337 | 337 | | (i) The board [commission] shall have a chairman and |
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338 | 338 | | vice-chairman as presiding officers. The chairmanship and |
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339 | 339 | | vice-chairmanship must alternate every two years between the two |
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340 | 340 | | membership groups appointed by the lieutenant governor and the |
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341 | 341 | | speaker. The chairman and vice-chairman may not be from the same |
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342 | 342 | | membership group. The lieutenant governor shall designate a |
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343 | 343 | | presiding officer from his appointed membership group and the |
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344 | 344 | | speaker shall designate the other presiding officer from his |
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345 | 345 | | appointed membership group. |
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346 | 346 | | (j) Seven members of the board [commission] constitute a |
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347 | 347 | | quorum. A final action or recommendation may not be made unless |
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348 | 348 | | approved by a record vote of a majority of members appointed by the |
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349 | 349 | | lieutenant governor and the speaker of the house. All other actions |
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350 | 350 | | by the board [commission] shall be decided by a majority of the |
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351 | 351 | | members present and voting. |
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352 | 352 | | (k) Each member of the board [commission] is entitled to |
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353 | 353 | | reimbursement for actual and necessary expenses incurred in |
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354 | 354 | | performing board [commission] duties. Each legislative member is |
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355 | 355 | | entitled to reimbursement from the appropriate fund of the member's |
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356 | 356 | | respective house. Each public member is entitled to reimbursement |
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357 | 357 | | from funds appropriated to the department [commission]. |
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358 | 358 | | SECTION 33. Sections 325.004(a) and (c), Government Code, |
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359 | 359 | | are amended to read as follows: |
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360 | 360 | | (a) The board [commission] shall employ an executive |
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361 | 361 | | director to act as the executive head of the department |
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362 | 362 | | [commission]. |
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363 | 363 | | (c) The chairman and vice-chairman of the board |
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364 | 364 | | [commission] may each employ a staff to work for them on matters |
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365 | 365 | | related to board [commission] activities. |
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366 | 366 | | SECTION 34. Section 325.005, Government Code, is amended to |
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367 | 367 | | read as follows: |
---|
368 | 368 | | Sec. 325.005. RULES. The board [commission] shall adopt |
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369 | 369 | | rules necessary to carry out this chapter. |
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370 | 370 | | SECTION 35. Section 325.007, Government Code, is amended to |
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371 | 371 | | read as follows: |
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372 | 372 | | Sec. 325.007. AGENCY REPORT TO DEPARTMENT [COMMISSION]. |
---|
373 | 373 | | (a) Before September 1 of the odd-numbered year before the year in |
---|
374 | 374 | | which a state agency subject to this chapter is abolished, the |
---|
375 | 375 | | agency shall report to the department [commission]: |
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376 | 376 | | (1) information regarding the application to the |
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377 | 377 | | agency of the criteria in Section 325.011; and |
---|
378 | 378 | | (2) any other information that the agency considers |
---|
379 | 379 | | appropriate or that is requested by the department [commission]. |
---|
380 | 380 | | (b) The reports under Subsection (a) must be submitted in |
---|
381 | 381 | | electronic format only. The department [commission] shall |
---|
382 | 382 | | prescribe the electronic format to be used. |
---|
383 | 383 | | SECTION 36. Section 325.0075, Government Code, is amended |
---|
384 | 384 | | to read as follows: |
---|
385 | 385 | | Sec. 325.0075. REPORTING REQUIREMENTS OF AGENCY BEING |
---|
386 | 386 | | REVIEWED. Before September 1 of the odd-numbered year before the |
---|
387 | 387 | | year in which a state agency subject to this chapter is abolished, |
---|
388 | 388 | | the agency shall submit to the department [commission], the |
---|
389 | 389 | | governor, the lieutenant governor, and each member of the |
---|
390 | 390 | | legislature a report that: |
---|
391 | 391 | | (1) lists each report that the agency is required by a |
---|
392 | 392 | | statute to prepare; and |
---|
393 | 393 | | (2) evaluates the need for each report listed in |
---|
394 | 394 | | Subdivision (1) based on whether factors or conditions have changed |
---|
395 | 395 | | since the date the statutory requirement to prepare the report was |
---|
396 | 396 | | enacted. |
---|
397 | 397 | | SECTION 37. The heading to Section 325.008, Government |
---|
398 | 398 | | Code, is amended to read as follows: |
---|
399 | 399 | | Sec. 325.008. DEPARTMENT [COMMISSION] DUTIES. |
---|
400 | 400 | | SECTION 38. Sections 325.008(a) and (b), Government Code, |
---|
401 | 401 | | are amended to read as follows: |
---|
402 | 402 | | (a) Before January 1 of the year in which a state agency |
---|
403 | 403 | | subject to this chapter and its advisory committees are abolished, |
---|
404 | 404 | | the department [commission] shall: |
---|
405 | 405 | | (1) review and take action necessary to verify the |
---|
406 | 406 | | reports submitted by the agency under Section 325.007; |
---|
407 | 407 | | (2) consult the Legislative Budget Board, the |
---|
408 | 408 | | Governor's Budget, Policy, and Planning Division, the State |
---|
409 | 409 | | Auditor, and the comptroller of public accounts, or their |
---|
410 | 410 | | successors, on the application to the agency of the criteria |
---|
411 | 411 | | provided in Section 325.011; |
---|
412 | 412 | | (3) conduct a review of the agency based on the |
---|
413 | 413 | | criteria provided in Section 325.011 and prepare a written report; |
---|
414 | 414 | | [and] |
---|
415 | 415 | | (4) conduct the evaluation required by Section |
---|
416 | 416 | | 325.0085; and |
---|
417 | 417 | | (5) review the implementation of department |
---|
418 | 418 | | [commission] recommendations contained in the reports presented to |
---|
419 | 419 | | the legislature during the preceding legislative session and the |
---|
420 | 420 | | resulting legislation. |
---|
421 | 421 | | (b) The written report prepared by the department |
---|
422 | 422 | | [commission] under Subsection (a)(3) is a public record. |
---|
423 | 423 | | SECTION 39. Chapter 325, Government Code, is amended by |
---|
424 | 424 | | adding Section 325.0085 to read as follows: |
---|
425 | 425 | | Sec. 325.0085. RELOCATION OF STATE AGENCY HEADQUARTERS. |
---|
426 | 426 | | (a) For each state agency reviewed under this chapter whose |
---|
427 | 427 | | headquarters is located in Travis County or an adjacent county, the |
---|
428 | 428 | | department, with the assistance of the Texas Facilities Commission, |
---|
429 | 429 | | shall evaluate the cost savings to this state of relocating the |
---|
430 | 430 | | state agency's headquarters to a location outside of Travis County |
---|
431 | 431 | | or an adjacent county. In determining the cost savings to the |
---|
432 | 432 | | state, the department shall consider the following factors over a |
---|
433 | 433 | | 10-year period: |
---|
434 | 434 | | (1) the cost of leasing or purchasing office space for |
---|
435 | 435 | | the state agency in a location outside of Travis County or an |
---|
436 | 436 | | adjacent county; |
---|
437 | 437 | | (2) the cost of moving the state agency to the new |
---|
438 | 438 | | location; |
---|
439 | 439 | | (3) the market value of any state-owned property |
---|
440 | 440 | | currently being used for the state agency's headquarters, including |
---|
441 | 441 | | the amount of income the state could earn by leasing or selling the |
---|
442 | 442 | | property; and |
---|
443 | 443 | | (4) any other information the department or Texas |
---|
444 | 444 | | Facilities Commission considers relevant in determining whether |
---|
445 | 445 | | the relocation creates a cost saving to this state. |
---|
446 | 446 | | (b) If the department determines relocating a state agency |
---|
447 | 447 | | creates a cost saving to this state, the state agency shall relocate |
---|
448 | 448 | | the agency's headquarters to the location determined by the |
---|
449 | 449 | | department under this section. |
---|
450 | 450 | | SECTION 40. Section 325.009, Government Code, is amended to |
---|
451 | 451 | | read as follows: |
---|
452 | 452 | | Sec. 325.009. PUBLIC HEARINGS. (a) Before February 1 of |
---|
453 | 453 | | the year a state agency subject to this chapter and its advisory |
---|
454 | 454 | | committees are abolished, the department [commission] shall |
---|
455 | 455 | | conduct public hearings concerning but not limited to the |
---|
456 | 456 | | application to the agency of the criteria provided in Section |
---|
457 | 457 | | 325.011. |
---|
458 | 458 | | (b) The department [commission] may hold the public |
---|
459 | 459 | | hearings after the review of the agency required by Section |
---|
460 | 460 | | 325.008(a)(3) is complete and available to the public. |
---|
461 | 461 | | (c) Notwithstanding Subsection (a), the department |
---|
462 | 462 | | [commission] may not discuss in a public hearing the application to |
---|
463 | 463 | | an agency of the criteria provided in Section 325.011(14). The |
---|
464 | 464 | | department [commission] staff shall notify the board [commission] |
---|
465 | 465 | | of any findings and recommendations regarding the criteria provided |
---|
466 | 466 | | in Section 325.011(14). |
---|
467 | 467 | | SECTION 41. Section 325.010, Government Code, is amended to |
---|
468 | 468 | | read as follows: |
---|
469 | 469 | | Sec. 325.010. DEPARTMENT [COMMISSION] REPORT. (a) At each |
---|
470 | 470 | | regular legislative session, the department [commission] shall |
---|
471 | 471 | | present to the legislature and the governor a report on the agencies |
---|
472 | 472 | | and advisory committees reviewed. |
---|
473 | 473 | | (b) In the report the department [commission] shall |
---|
474 | 474 | | include: |
---|
475 | 475 | | (1) its findings regarding the criteria prescribed by |
---|
476 | 476 | | Section 325.011, except Section 325.011(14); |
---|
477 | 477 | | (2) its recommendations based on the matters |
---|
478 | 478 | | prescribed by Section 325.012, except recommendations relating to |
---|
479 | 479 | | criteria prescribed by Section 325.011(14); and |
---|
480 | 480 | | (3) other information the department [commission] |
---|
481 | 481 | | considers necessary for a complete review of the agency. |
---|
482 | 482 | | SECTION 42. Section 325.011, Government Code, is amended to |
---|
483 | 483 | | read as follows: |
---|
484 | 484 | | Sec. 325.011. CRITERIA FOR REVIEW. In order to lower state |
---|
485 | 485 | | spending and minimize waste in the provision of state services, the |
---|
486 | 486 | | board [The commission] and its staff shall consider the following |
---|
487 | 487 | | criteria in determining whether a public need exists for the |
---|
488 | 488 | | continuation of a state agency or its advisory committees or for the |
---|
489 | 489 | | performance of the functions of the agency or its advisory |
---|
490 | 490 | | committees: |
---|
491 | 491 | | (1) the efficiency and effectiveness with which the |
---|
492 | 492 | | agency or the advisory committee operates; |
---|
493 | 493 | | (2)(A) an identification of the mission, goals, and |
---|
494 | 494 | | objectives intended for the agency or advisory committee and of the |
---|
495 | 495 | | problem or need that the agency or advisory committee was intended |
---|
496 | 496 | | to address; and |
---|
497 | 497 | | (B) the extent to which the mission, goals, and |
---|
498 | 498 | | objectives have been achieved and the problem or need has been |
---|
499 | 499 | | addressed; |
---|
500 | 500 | | (3)(A) an identification of any activities of the |
---|
501 | 501 | | agency in addition to those granted by statute and of the authority |
---|
502 | 502 | | for those activities; and |
---|
503 | 503 | | (B) the extent to which those activities are |
---|
504 | 504 | | needed; |
---|
505 | 505 | | (4) an assessment of authority of the agency relating |
---|
506 | 506 | | to fees, inspections, enforcement, and penalties; |
---|
507 | 507 | | (5) whether less restrictive or alternative methods of |
---|
508 | 508 | | performing any function that the agency performs could adequately |
---|
509 | 509 | | protect or provide service to the public; |
---|
510 | 510 | | (6) the extent to which the jurisdiction of the agency |
---|
511 | 511 | | and the programs administered by the agency overlap or duplicate |
---|
512 | 512 | | those of other agencies, the extent to which the agency coordinates |
---|
513 | 513 | | with those agencies, and the extent to which the programs |
---|
514 | 514 | | administered by the agency can be consolidated with the programs of |
---|
515 | 515 | | other state agencies; |
---|
516 | 516 | | (7) the promptness and effectiveness with which the |
---|
517 | 517 | | agency addresses complaints concerning entities or other persons |
---|
518 | 518 | | affected by the agency, including an assessment of the agency's |
---|
519 | 519 | | administrative hearings process; |
---|
520 | 520 | | (8) an assessment of the agency's rulemaking process |
---|
521 | 521 | | and the extent to which the agency has encouraged participation by |
---|
522 | 522 | | the public in making its rules and decisions and the extent to which |
---|
523 | 523 | | the public participation has resulted in rules that benefit the |
---|
524 | 524 | | public; |
---|
525 | 525 | | (9) the extent to which the agency has complied with: |
---|
526 | 526 | | (A) federal and state laws and applicable rules |
---|
527 | 527 | | regarding equality of employment opportunity and the rights and |
---|
528 | 528 | | privacy of individuals; and |
---|
529 | 529 | | (B) state law and applicable rules of any state |
---|
530 | 530 | | agency regarding purchasing guidelines and programs for |
---|
531 | 531 | | historically underutilized businesses; |
---|
532 | 532 | | (10) the extent to which the agency issues and |
---|
533 | 533 | | enforces rules relating to potential conflicts of interest of its |
---|
534 | 534 | | employees; |
---|
535 | 535 | | (11) the extent to which the agency complies with |
---|
536 | 536 | | Chapters 551 and 552 and follows records management practices that |
---|
537 | 537 | | enable the agency to respond efficiently to requests for public |
---|
538 | 538 | | information; |
---|
539 | 539 | | (12) the effect of federal intervention or loss of |
---|
540 | 540 | | federal funds if the agency is abolished; |
---|
541 | 541 | | (13) the extent to which the purpose and effectiveness |
---|
542 | 542 | | of reporting requirements imposed on the agency justifies the |
---|
543 | 543 | | continuation of the requirement; and |
---|
544 | 544 | | (14) an assessment of the agency's cybersecurity |
---|
545 | 545 | | practices using confidential information available from the |
---|
546 | 546 | | Department of Information Resources or any other appropriate state |
---|
547 | 547 | | agency. |
---|
548 | 548 | | SECTION 43. Sections 325.0115(b), (c), and (d), Government |
---|
549 | 549 | | Code, are amended to read as follows: |
---|
550 | 550 | | (b) In an assessment of an agency that licenses an |
---|
551 | 551 | | occupation or profession, the board [commission] and its staff |
---|
552 | 552 | | shall consider: |
---|
553 | 553 | | (1) whether the occupational licensing program: |
---|
554 | 554 | | (A) serves a meaningful, defined public |
---|
555 | 555 | | interest; and |
---|
556 | 556 | | (B) provides the least restrictive form of |
---|
557 | 557 | | regulation that will adequately protect the public interest; |
---|
558 | 558 | | (2) the extent to which the regulatory objective of |
---|
559 | 559 | | the occupational licensing program may be achieved through market |
---|
560 | 560 | | forces, private or industry certification and accreditation |
---|
561 | 561 | | programs, or enforcement of other law; |
---|
562 | 562 | | (3) the extent to which licensing criteria, if |
---|
563 | 563 | | applicable, ensure that applicants have occupational skill sets or |
---|
564 | 564 | | competencies that correlate with a public interest and the impact |
---|
565 | 565 | | that those criteria have on applicants, particularly those with |
---|
566 | 566 | | moderate or low incomes, seeking to enter the occupation or |
---|
567 | 567 | | profession; and |
---|
568 | 568 | | (4) the impact of the regulation, including the extent |
---|
569 | 569 | | to which the program stimulates or restricts competition and |
---|
570 | 570 | | affects consumer choice and the cost of services. |
---|
571 | 571 | | (c) As part of the department's [commission's] review of an |
---|
572 | 572 | | agency that licenses an occupation or profession, the board |
---|
573 | 573 | | [commission] and its staff shall determine whether the governing |
---|
574 | 574 | | body of the agency being reviewed has made an evaluation regarding |
---|
575 | 575 | | the type of personal information of license holders that the agency |
---|
576 | 576 | | should make available on the agency's Internet website based on the |
---|
577 | 577 | | following factors: |
---|
578 | 578 | | (1) the type of information the public needs to file a |
---|
579 | 579 | | complaint with the agency; |
---|
580 | 580 | | (2) the type of information the public needs to locate |
---|
581 | 581 | | an existing or potential service provider; |
---|
582 | 582 | | (3) the type of information the public needs to verify |
---|
583 | 583 | | a license; and |
---|
584 | 584 | | (4) whether making the information available on the |
---|
585 | 585 | | agency's Internet website could subject a license holder to |
---|
586 | 586 | | harassment, solicitation, or other nuisance. |
---|
587 | 587 | | (d) If the department [commission] determines that the |
---|
588 | 588 | | governing body of an agency has not completed the evaluation |
---|
589 | 589 | | described by Subsection (c), the department [commission] shall make |
---|
590 | 590 | | a recommendation that the governing body of the agency perform such |
---|
591 | 591 | | an evaluation. |
---|
592 | 592 | | SECTION 44. Section 325.012, Government Code, is amended to |
---|
593 | 593 | | read as follows: |
---|
594 | 594 | | Sec. 325.012. RECOMMENDATIONS. (a) In its report on a |
---|
595 | 595 | | state agency, the department [commission] shall: |
---|
596 | 596 | | (1) make recommendations on the abolition, |
---|
597 | 597 | | continuation, or reorganization of each affected state agency and |
---|
598 | 598 | | its advisory committees and on the need for the performance of the |
---|
599 | 599 | | functions of the agency and its advisory committees; |
---|
600 | 600 | | (2) make recommendations on the consolidation, |
---|
601 | 601 | | transfer, or reorganization of programs within state agencies not |
---|
602 | 602 | | under review when the programs duplicate functions performed in |
---|
603 | 603 | | agencies under review; |
---|
604 | 604 | | (3) make recommendations to improve the operations of |
---|
605 | 605 | | the agency, its policy body, and its advisory committees, including |
---|
606 | 606 | | management recommendations that do not require a change in the |
---|
607 | 607 | | agency's enabling statute; and |
---|
608 | 608 | | (4) make recommendations on the continuation or |
---|
609 | 609 | | abolition of each reporting requirement imposed on the agency by |
---|
610 | 610 | | law. |
---|
611 | 611 | | (b) The department [commission] shall include the estimated |
---|
612 | 612 | | fiscal impact of its recommendations and may recommend |
---|
613 | 613 | | appropriation levels for certain programs to improve the operations |
---|
614 | 614 | | of the state agency, to be forwarded to the Legislative Budget |
---|
615 | 615 | | Board. |
---|
616 | 616 | | (c) The department [commission] shall have drafts of |
---|
617 | 617 | | legislation prepared to carry out the department's [commission's] |
---|
618 | 618 | | recommendations under this section. |
---|
619 | 619 | | (d) After the legislature acts on the report under Section |
---|
620 | 620 | | 325.010, the department [commission] shall present to the state |
---|
621 | 621 | | auditor the department's [commission's] recommendations that do not |
---|
622 | 622 | | require a statutory change to be put into effect. Based on a risk |
---|
623 | 623 | | assessment and subject to the legislative audit committee's |
---|
624 | 624 | | approval of including the examination in the audit plan under |
---|
625 | 625 | | Section 321.013, the state auditor may examine the recommendations |
---|
626 | 626 | | and include as part of the next approved audit of the agency a |
---|
627 | 627 | | report on whether the agency has implemented the recommendations |
---|
628 | 628 | | and, if so, in what manner. |
---|
629 | 629 | | SECTION 45. Section 325.0123, Government Code, is amended |
---|
630 | 630 | | to read as follows: |
---|
631 | 631 | | Sec. 325.0123. REVIEW OF CERTAIN AGENCIES FOR RESPECTFUL |
---|
632 | 632 | | LANGUAGE. (a) As part of its review of a health and human services |
---|
633 | 633 | | agency, the department [commission] shall consider and make |
---|
634 | 634 | | recommendations regarding the statutory revisions necessary to use |
---|
635 | 635 | | the phrase "intellectual disability" instead of "mental |
---|
636 | 636 | | retardation" and to use the phrase "person with intellectual |
---|
637 | 637 | | disability" instead of "person with mental retardation." |
---|
638 | 638 | | (b) As part of its review of an agency, the department |
---|
639 | 639 | | [commission] shall consider and recommend, as appropriate, |
---|
640 | 640 | | statutory revisions in accordance with the person first respectful |
---|
641 | 641 | | language initiative under Chapter 392. |
---|
642 | 642 | | SECTION 46. Sections 325.0124(b) and (c), Government Code, |
---|
643 | 643 | | are amended to read as follows: |
---|
644 | 644 | | (b) As part of its review of a state agency, the department |
---|
645 | 645 | | [commission] shall determine whether the state agency sells |
---|
646 | 646 | | personal data the agency possesses. If the state agency sells |
---|
647 | 647 | | personal data, the department [commission] shall determine: |
---|
648 | 648 | | (1) to whom the personal data is sold; |
---|
649 | 649 | | (2) to the extent possible, the purpose for which the |
---|
650 | 650 | | personal data is sold; |
---|
651 | 651 | | (3) the amount the state agency receives for the sale |
---|
652 | 652 | | of the personal data; and |
---|
653 | 653 | | (4) the law that authorizes the state agency to sell |
---|
654 | 654 | | the personal data. |
---|
655 | 655 | | (c) The department [commission] shall recommend prohibiting |
---|
656 | 656 | | the sale of personal data by a state agency, unless the department |
---|
657 | 657 | | [commission] identifies a compelling state or public interest |
---|
658 | 658 | | justifying the state agency's authority to sell the personal data. |
---|
659 | 659 | | If the department [commission] recommends continuing the state |
---|
660 | 660 | | agency's authority to sell personal data, the department |
---|
661 | 661 | | [commission] shall make any recommendations it considers necessary |
---|
662 | 662 | | to protect the personal data from improper use and dissemination. |
---|
663 | 663 | | SECTION 47. Section 325.0125, Government Code, is amended |
---|
664 | 664 | | to read as follows: |
---|
665 | 665 | | Sec. 325.0125. REVIEW OF CERTAIN AGENCIES. (a) In the |
---|
666 | 666 | | two-year period preceding the date scheduled for the abolition of a |
---|
667 | 667 | | state agency under this chapter, the department [commission] may |
---|
668 | 668 | | exempt certain agencies from the requirements of this chapter |
---|
669 | 669 | | relating to staff reports, hearings, and reviews. |
---|
670 | 670 | | (b) The department [commission] may only exempt agencies |
---|
671 | 671 | | that have been inactive for a period of two years preceding the date |
---|
672 | 672 | | the agency is scheduled for abolition, that have been rendered |
---|
673 | 673 | | inactive by an action of the legislature, or that the department |
---|
674 | 674 | | [commission] determines are unable to participate in the review due |
---|
675 | 675 | | to a declared disaster. |
---|
676 | 676 | | (c) The department's [commission's] action in exempting |
---|
677 | 677 | | agencies under this section must be done by an affirmative record |
---|
678 | 678 | | vote and must be decided by a majority of all members present and |
---|
679 | 679 | | voting. |
---|
680 | 680 | | SECTION 48. Section 325.0126, Government Code, is amended |
---|
681 | 681 | | to read as follows: |
---|
682 | 682 | | Sec. 325.0126. MONITORING OF RECOMMENDATIONS. During each |
---|
683 | 683 | | legislative session, the staff of the department [commission] |
---|
684 | 684 | | shall: |
---|
685 | 685 | | (1) monitor legislation affecting agencies that have |
---|
686 | 686 | | undergone DOGE [sunset] review immediately before the legislative |
---|
687 | 687 | | session; |
---|
688 | 688 | | (2) notify the members of the board [commission] about |
---|
689 | 689 | | any amendment to the legislation prepared under Section 325.012(c) |
---|
690 | 690 | | that modifies the department's [commission's] recommendations for a |
---|
691 | 691 | | state agency; and |
---|
692 | 692 | | (3) provide legislative services to support the |
---|
693 | 693 | | passage of the legislation prepared under Section 325.012(c). |
---|
694 | 694 | | SECTION 49. Section 325.0127(b), Government Code, is |
---|
695 | 695 | | amended to read as follows: |
---|
696 | 696 | | (b) A self-directed semi-independent agency shall pay the |
---|
697 | 697 | | costs incurred by the department [commission] in performing a |
---|
698 | 698 | | review of the agency under this chapter. The department |
---|
699 | 699 | | [commission] shall determine the costs of the review, and the |
---|
700 | 700 | | agency shall pay the amount of those costs promptly on receipt of a |
---|
701 | 701 | | statement from the department [commission] regarding those costs. |
---|
702 | 702 | | SECTION 50. Sections 325.018(a), (b), (d), and (f), |
---|
703 | 703 | | Government Code, are amended to read as follows: |
---|
704 | 704 | | (a) The board [commission] may issue process to compel the |
---|
705 | 705 | | attendance of witnesses and the production of books, records, |
---|
706 | 706 | | papers, and other objects necessary or proper for the purposes of |
---|
707 | 707 | | the department [commission] proceedings. The process may be served |
---|
708 | 708 | | on a witness at any place in this state. |
---|
709 | 709 | | (b) If a majority of the board [commission] directs the |
---|
710 | 710 | | issuance of a subpoena, the chairman shall issue the subpoena in the |
---|
711 | 711 | | name of the board [commission]. |
---|
712 | 712 | | (d) If necessary to obtain compliance with a subpoena or |
---|
713 | 713 | | other process, the board [commission] may issue attachments. The |
---|
714 | 714 | | attachments may be addressed to and served by any peace officer in |
---|
715 | 715 | | this state. |
---|
716 | 716 | | (f) A witness who attends a department [commission] |
---|
717 | 717 | | proceeding under process is entitled to the same mileage and per |
---|
718 | 718 | | diem as a witness who appears before a grand jury in this state. |
---|
719 | 719 | | SECTION 51. Section 325.019, Government Code, is amended to |
---|
720 | 720 | | read as follows: |
---|
721 | 721 | | Sec. 325.019. ASSISTANCE OF AND ACCESS TO STATE AGENCIES. |
---|
722 | 722 | | (a) The department [commission] may request the assistance of |
---|
723 | 723 | | state agencies and officers. When assistance is requested, a state |
---|
724 | 724 | | agency or officer shall assist the department [commission]. |
---|
725 | 725 | | (b) In carrying out its functions under this chapter, the |
---|
726 | 726 | | department [commission] or its designated staff member may attend |
---|
727 | 727 | | any meetings and proceedings of any state agency, including any |
---|
728 | 728 | | meeting or proceeding of the governing body of the agency that is |
---|
729 | 729 | | closed to the public, and may inspect the records, documents, and |
---|
730 | 730 | | files of any state agency, including any record, document, or file |
---|
731 | 731 | | that is: |
---|
732 | 732 | | (1) attorney work product; |
---|
733 | 733 | | (2) an attorney-client communication; or |
---|
734 | 734 | | (3) made privileged or confidential by law. |
---|
735 | 735 | | (c) It is the intent of the legislature to allow the board |
---|
736 | 736 | | [commission] and [its] designated department staff members to have |
---|
737 | 737 | | access to all meetings or proceedings of a state agency being |
---|
738 | 738 | | reviewed by the department [commission] under this chapter and to |
---|
739 | 739 | | all records, documents, and files of that agency. To the extent |
---|
740 | 740 | | that this section conflicts with other law that purports to limit |
---|
741 | 741 | | the department's [commission's] access to meetings or proceedings |
---|
742 | 742 | | or to records, documents, and files, this section controls. If |
---|
743 | 743 | | federal law prohibits a state agency from disclosing information in |
---|
744 | 744 | | a record, document, or file to the department [commission], |
---|
745 | 745 | | including information in a record, document, or file created as a |
---|
746 | 746 | | result of or considered during a meeting or proceeding, the state |
---|
747 | 747 | | agency may redact the protected information from the record, |
---|
748 | 748 | | document, or file. |
---|
749 | 749 | | (d) Communications, including conversations, |
---|
750 | 750 | | correspondence, and electronic communications, between the board |
---|
751 | 751 | | [commission] or department [its] staff and a state agency that |
---|
752 | 752 | | relate to a request by the department [commission] for assistance |
---|
753 | 753 | | in conducting a review under this chapter are confidential. A state |
---|
754 | 754 | | agency's internal communications related to a request for |
---|
755 | 755 | | assistance by the department [commission] are confidential, |
---|
756 | 756 | | including any information prepared or maintained by the state |
---|
757 | 757 | | agency at the request of the department [commission] or its staff. |
---|
758 | 758 | | With respect to a document, file, or other record prepared or |
---|
759 | 759 | | maintained by the state agency that was created in the normal course |
---|
760 | 760 | | of the agency's business and not at the request of the department |
---|
761 | 761 | | [commission], the confidentiality created by this subsection |
---|
762 | 762 | | applies only to information in the possession of the department |
---|
763 | 763 | | [commission]. |
---|
764 | 764 | | SECTION 52. Section 325.0195, Government Code, is amended |
---|
765 | 765 | | to read as follows: |
---|
766 | 766 | | Sec. 325.0195. RECORDS PROTECTED FROM DISCLOSURE. (a) A |
---|
767 | 767 | | working paper, including all documentary or other information, |
---|
768 | 768 | | prepared or maintained by the department [commission] staff in |
---|
769 | 769 | | performing its duties under this chapter or other law to conduct an |
---|
770 | 770 | | evaluation and prepare a report is excepted from the public |
---|
771 | 771 | | disclosure requirements of Section 552.021. |
---|
772 | 772 | | (b) A record held by another entity that is considered to be |
---|
773 | 773 | | confidential by law and that the department [commission] receives |
---|
774 | 774 | | in connection with the performance of the department's |
---|
775 | 775 | | [commission's] functions under this chapter or another law remains |
---|
776 | 776 | | confidential and is excepted from the public disclosure |
---|
777 | 777 | | requirements of Section 552.021. |
---|
778 | 778 | | (c) A state agency that provides the department |
---|
779 | 779 | | [commission] with access to a privileged or confidential |
---|
780 | 780 | | communication, record, document, or file under Section 325.019 for |
---|
781 | 781 | | purposes of a review under this chapter does not waive the |
---|
782 | 782 | | attorney-client privilege, or any other privilege or |
---|
783 | 783 | | confidentiality requirement protected or required by the Texas |
---|
784 | 784 | | Constitution, common law, statutory law, or rules of evidence, |
---|
785 | 785 | | procedure, or professional conduct, with respect to the |
---|
786 | 786 | | communication, record, document, or file provided to the department |
---|
787 | 787 | | [commission]. For purposes of this subsection, a communication |
---|
788 | 788 | | includes a discussion that occurs at a meeting or proceeding of the |
---|
789 | 789 | | state agency that is closed to the public. |
---|
790 | 790 | | (d) The state agency may require the department |
---|
791 | 791 | | [commission] or the members of the department's [commission's] |
---|
792 | 792 | | staff who view, handle, or are privy to information, or who attend a |
---|
793 | 793 | | meeting that is not accessible to the public, to sign a |
---|
794 | 794 | | confidentiality agreement that covers the information and requires |
---|
795 | 795 | | that: |
---|
796 | 796 | | (1) the information not be disclosed outside the |
---|
797 | 797 | | department [commission] for purposes other than the purpose for |
---|
798 | 798 | | which it was received; |
---|
799 | 799 | | (2) the information be labeled as confidential; |
---|
800 | 800 | | (3) the information be kept securely; and |
---|
801 | 801 | | (4) the number of copies made of the information or the |
---|
802 | 802 | | notes taken from the information that implicate the confidential |
---|
803 | 803 | | nature of the information be controlled, with all copies or notes |
---|
804 | 804 | | that are not destroyed or returned to the governmental body |
---|
805 | 805 | | remaining confidential and subject to the confidentiality |
---|
806 | 806 | | agreement. |
---|
807 | 807 | | (e) A person who obtains access to confidential information |
---|
808 | 808 | | in connection with the performance of the department's |
---|
809 | 809 | | [commission's] duties under this chapter or another law commits an |
---|
810 | 810 | | offense if the person knowingly: |
---|
811 | 811 | | (1) uses the confidential information for a purpose |
---|
812 | 812 | | other than the purpose for which the information was received or for |
---|
813 | 813 | | a purpose unrelated to the law that permitted the person to obtain |
---|
814 | 814 | | access to the information, including solicitation of political |
---|
815 | 815 | | contributions or solicitation of clients; |
---|
816 | 816 | | (2) permits inspection of the confidential |
---|
817 | 817 | | information by a person who is not authorized to inspect the |
---|
818 | 818 | | information; or |
---|
819 | 819 | | (3) discloses the confidential information to a person |
---|
820 | 820 | | who is not authorized to receive the information. |
---|
821 | 821 | | SECTION 53. Section 325.022, Government Code, is amended to |
---|
822 | 822 | | read as follows: |
---|
823 | 823 | | Sec. 325.022. REVIEW OF PROPOSED LEGISLATION CREATING AN |
---|
824 | 824 | | AGENCY. (a) Each bill filed in a house of the legislature that |
---|
825 | 825 | | would create a new state agency or a new advisory committee to a |
---|
826 | 826 | | state agency shall be reviewed by the department [commission]. |
---|
827 | 827 | | (b) The department [commission] shall review the bill to |
---|
828 | 828 | | determine if: |
---|
829 | 829 | | (1) the proposed functions of the agency or committee |
---|
830 | 830 | | could be administered by one or more existing state agencies or |
---|
831 | 831 | | advisory committees; |
---|
832 | 832 | | (2) the form of regulation, if any, proposed by the |
---|
833 | 833 | | bill is the least restrictive form of regulation that will |
---|
834 | 834 | | adequately protect the public; |
---|
835 | 835 | | (3) the bill provides for adequate public input |
---|
836 | 836 | | regarding any regulatory function proposed by the bill; and |
---|
837 | 837 | | (4) the bill provides for adequate protection against |
---|
838 | 838 | | conflicts of interest within the agency or committee. |
---|
839 | 839 | | (c) On request, the department [commission] shall forward a |
---|
840 | 840 | | written comment on the legislation to the author of the bill and to |
---|
841 | 841 | | the presiding officer of the committee to which the bill is |
---|
842 | 842 | | referred. |
---|
843 | 843 | | SECTION 54. Section 325.023, Government Code, is amended to |
---|
844 | 844 | | read as follows: |
---|
845 | 845 | | Sec. 325.023. REVIEW OF PROPOSED LEGISLATION REGULATING AN |
---|
846 | 846 | | OCCUPATION. (a) Not later than December 31 of an odd-numbered |
---|
847 | 847 | | year, a member of the legislature may submit proposed legislation |
---|
848 | 848 | | that would create an occupational licensing program or |
---|
849 | 849 | | significantly affect an existing occupational licensing program to |
---|
850 | 850 | | the department [commission] for review and analysis. A request |
---|
851 | 851 | | under this section may be submitted after December 31 of an |
---|
852 | 852 | | odd-numbered year on the approval of the board's [commission's] |
---|
853 | 853 | | chair based on the recommendation of the executive director. The |
---|
854 | 854 | | board's [commission's] chair may, on the recommendation of the |
---|
855 | 855 | | executive director, deny a request for review under this section. |
---|
856 | 856 | | (b) If the department [commission] reviews and analyzes |
---|
857 | 857 | | legislation proposing the regulation of an occupation, the |
---|
858 | 858 | | department [commission] shall submit a report to the legislature |
---|
859 | 859 | | before the start of the next legislative session regarding the |
---|
860 | 860 | | department's [commission's] findings on the need for regulating the |
---|
861 | 861 | | occupation and the type of regulation recommended, if any. |
---|
862 | 862 | | (c) In analyzing legislation proposing the creation of an |
---|
863 | 863 | | occupational licensing program, the department [commission] shall |
---|
864 | 864 | | determine whether: |
---|
865 | 865 | | (1) the unregulated practice of the occupation would |
---|
866 | 866 | | be inconsistent with the public interest as defined by Section |
---|
867 | 867 | | 325.0115; |
---|
868 | 868 | | (2) the public can reasonably be expected to benefit |
---|
869 | 869 | | from an assurance of initial and continuing professional skill sets |
---|
870 | 870 | | or competencies; and |
---|
871 | 871 | | (3) the public can be more effectively protected by |
---|
872 | 872 | | means other than state regulation. |
---|
873 | 873 | | (d) If the department [commission] reviews and analyzes |
---|
874 | 874 | | proposed legislation amending an existing occupational licensing |
---|
875 | 875 | | program, the department [commission] shall submit a report to the |
---|
876 | 876 | | legislature before the start of the next legislative session |
---|
877 | 877 | | regarding the department's [commission's] findings on the need for |
---|
878 | 878 | | the proposed legislation. |
---|
879 | 879 | | SECTION 55. Section 325.024, Government Code, is amended to |
---|
880 | 880 | | read as follows: |
---|
881 | 881 | | Sec. 325.024. GIFTS AND GRANTS. (a) The department |
---|
882 | 882 | | [commission] may accept gifts, grants, and donations from any |
---|
883 | 883 | | organization described in Section 501(c)(3) of the Internal Revenue |
---|
884 | 884 | | Code for the purpose of funding any activity under this chapter. |
---|
885 | 885 | | (b) All gifts, grants, and donations must be accepted in an |
---|
886 | 886 | | open meeting by a majority of the voting members of the board |
---|
887 | 887 | | [commission] and reported in the public record of the department |
---|
888 | 888 | | [commission] with the name of the donor and purpose of the gift, |
---|
889 | 889 | | grant, or donation. |
---|
890 | 890 | | SECTION 56. Sections 325.025(d) and (e), Government Code, |
---|
891 | 891 | | are amended to read as follows: |
---|
892 | 892 | | (d) A river authority shall pay the cost incurred by the |
---|
893 | 893 | | department [commission] in performing a review of the authority |
---|
894 | 894 | | under this section. The department [commission] shall determine |
---|
895 | 895 | | the cost, and the authority shall pay the amount promptly on receipt |
---|
896 | 896 | | of a statement from the department [commission] detailing the cost. |
---|
897 | 897 | | (e) A river authority reviewed by the department |
---|
898 | 898 | | [commission] under this section may not be required to conduct a |
---|
899 | 899 | | management audit under Chapter 292, Title 30, Texas Administrative |
---|
900 | 900 | | Code. |
---|
901 | 901 | | SECTION 57. The heading to Section 326.003, Government |
---|
902 | 902 | | Code, is amended to read as follows: |
---|
903 | 903 | | Sec. 326.003. COMMITTEE OF STATE AUDITOR'S OFFICE, |
---|
904 | 904 | | LEGISLATIVE BUDGET BOARD, AND DEPARTMENT OF GOVERNMENT EFFICIENCY |
---|
905 | 905 | | [SUNSET ADVISORY COMMISSION]. |
---|
906 | 906 | | SECTION 58. Section 326.003(a), Government Code, is amended |
---|
907 | 907 | | to read as follows: |
---|
908 | 908 | | (a) The State Auditor's Office, Legislative Budget Board, |
---|
909 | 909 | | and Department of Government Efficiency [Sunset Advisory |
---|
910 | 910 | | Commission] shall form a committee to make recommendations relating |
---|
911 | 911 | | to the coordination of the agencies' functions. |
---|
912 | 912 | | SECTION 59. Section 411.002(c), Government Code, is amended |
---|
913 | 913 | | to read as follows: |
---|
914 | 914 | | (c) The Department of Public Safety of the State of Texas is |
---|
915 | 915 | | subject to Chapter 325 (Texas DOGE [Sunset] Act). Unless continued |
---|
916 | 916 | | in existence as provided by that chapter, the department is |
---|
917 | 917 | | abolished and Subsections (a) and (b) expire September 1, 2031. |
---|
918 | 918 | | SECTION 60. Section 419.003, Government Code, is amended to |
---|
919 | 919 | | read as follows: |
---|
920 | 920 | | Sec. 419.003. DOGE [SUNSET] PROVISION. The Texas |
---|
921 | 921 | | Commission on Fire Protection is subject to Chapter 325 (Texas DOGE |
---|
922 | 922 | | [Sunset] Act). Unless continued in existence as provided by that |
---|
923 | 923 | | chapter, the commission is abolished September 1, 2035. |
---|
924 | 924 | | SECTION 61. Section 420A.004, Government Code, is amended |
---|
925 | 925 | | to read as follows: |
---|
926 | 926 | | Sec. 420A.004. DOGE [SUNSET] PROVISION. The Texas Civil |
---|
927 | 927 | | Commitment Office is subject to Chapter 325 (Texas DOGE [Sunset] |
---|
928 | 928 | | Act). Unless continued in existence as provided by that chapter, |
---|
929 | 929 | | the office is abolished and this chapter expires September 1, 2027. |
---|
930 | 930 | | SECTION 62. Section 434.002, Government Code, is amended to |
---|
931 | 931 | | read as follows: |
---|
932 | 932 | | Sec. 434.002. APPLICATION OF DOGE [SUNSET], OPEN MEETINGS, |
---|
933 | 933 | | AND ADMINISTRATIVE PROCEDURE LAWS. (a) The Texas Veterans |
---|
934 | 934 | | Commission is subject to Chapter 325 (Texas DOGE [Sunset] Act). |
---|
935 | 935 | | Unless continued in existence as provided by that chapter, the |
---|
936 | 936 | | commission is abolished September 1, 2031. |
---|
937 | 937 | | (b) The commission is subject to Chapter 551, and Chapter |
---|
938 | 938 | | 2001. |
---|
939 | 939 | | SECTION 63. Section 437.051, Government Code, is amended to |
---|
940 | 940 | | read as follows: |
---|
941 | 941 | | Sec. 437.051. DOGE [SUNSET] PROVISION. The department is |
---|
942 | 942 | | subject to Chapter 325 (Texas DOGE [Sunset] Act). Unless continued |
---|
943 | 943 | | in existence as provided by that chapter, the department is |
---|
944 | 944 | | abolished September 1, 2031. |
---|
945 | 945 | | SECTION 64. Section 441.001(q), Government Code, is amended |
---|
946 | 946 | | to read as follows: |
---|
947 | 947 | | (q) The Texas State Library and Archives Commission is |
---|
948 | 948 | | subject to Chapter 325 (Texas DOGE [Sunset] Act). Unless continued |
---|
949 | 949 | | in existence as provided by that chapter, the commission is |
---|
950 | 950 | | abolished September 1, 2031. |
---|
951 | 951 | | SECTION 65. The heading to Section 442.002, Government |
---|
952 | 952 | | Code, is amended to read as follows: |
---|
953 | 953 | | Sec. 442.002. COMMISSION; MEMBERS; DOGE [SUNSET] ACT. |
---|
954 | 954 | | SECTION 66. Section 442.002(k), Government Code, is amended |
---|
955 | 955 | | to read as follows: |
---|
956 | 956 | | (k) The Texas Historical Commission is subject to Chapter |
---|
957 | 957 | | 325 (Texas DOGE [Sunset] Act). Unless continued in existence as |
---|
958 | 958 | | provided by that chapter, the commission is abolished and this |
---|
959 | 959 | | chapter expires September 1, 2031. |
---|
960 | 960 | | SECTION 67. Section 443.002, Government Code, is amended to |
---|
961 | 961 | | read as follows: |
---|
962 | 962 | | Sec. 443.002. DOGE [SUNSET] PROVISION. The State |
---|
963 | 963 | | Preservation Board is subject to Chapter 325 (Texas DOGE [Sunset] |
---|
964 | 964 | | Act). Unless continued in existence as provided by that chapter, |
---|
965 | 965 | | the board is abolished and this chapter expires September 1, 2029. |
---|
966 | 966 | | SECTION 68. The heading to Section 444.002, Government |
---|
967 | 967 | | Code, is amended to read as follows: |
---|
968 | 968 | | Sec. 444.002. APPLICATION OF DOGE [SUNSET], OPEN MEETINGS, |
---|
969 | 969 | | AND ADMINISTRATIVE PROCEDURES LAWS. |
---|
970 | 970 | | SECTION 69. Section 444.002(a), Government Code, is amended |
---|
971 | 971 | | to read as follows: |
---|
972 | 972 | | (a) The Texas Commission on the Arts is subject to Chapter |
---|
973 | 973 | | 325 (Texas DOGE [Sunset] Act). Unless continued in existence as |
---|
974 | 974 | | provided by that chapter, the commission is abolished and this |
---|
975 | 975 | | chapter expires September 1, 2029. |
---|
976 | 976 | | SECTION 70. Section 448.002, Government Code, is amended to |
---|
977 | 977 | | read as follows: |
---|
978 | 978 | | Sec. 448.002. DOGE [SUNSET] REVIEW. The advisory |
---|
979 | 979 | | commission shall be reviewed during the period in which the Texas |
---|
980 | 980 | | Historical Commission is reviewed under Chapter 325. |
---|
981 | 981 | | SECTION 71. Section 467.002, Government Code, is amended to |
---|
982 | 982 | | read as follows: |
---|
983 | 983 | | Sec. 467.002. APPLICATION OF DOGE [SUNSET] ACT. The |
---|
984 | 984 | | commission is subject to review under Chapter 325 (Texas DOGE |
---|
985 | 985 | | [Sunset] Act). Unless continued in existence as provided by that |
---|
986 | 986 | | chapter, the commission is abolished and this chapter, Chapter 466 |
---|
987 | 987 | | of this code, and Chapter 2001, Occupations Code, expire September |
---|
988 | 988 | | 1, 2025. |
---|
989 | 989 | | SECTION 72. Sections 472.051(c) and (d), Government Code, |
---|
990 | 990 | | are amended to read as follows: |
---|
991 | 991 | | (c) The Department of Government Efficiency [Sunset |
---|
992 | 992 | | Advisory Commission] shall examine each agency's performance as a |
---|
993 | 993 | | self-directed and semi-independent agency and the agency's |
---|
994 | 994 | | compliance with this chapter as part of the department's |
---|
995 | 995 | | [commission's] periodic review of the agency under Chapter 325 |
---|
996 | 996 | | (Texas DOGE [Sunset] Act). |
---|
997 | 997 | | (d) Each agency shall pay the cost incurred by the |
---|
998 | 998 | | Department of Government Efficiency [Sunset Advisory Commission] |
---|
999 | 999 | | in performing a review of the agency under the agency's enabling |
---|
1000 | 1000 | | legislation. The Department of Government Efficiency [Sunset |
---|
1001 | 1001 | | Advisory Commission] shall determine the cost, and the agency shall |
---|
1002 | 1002 | | pay the amount promptly on receipt of a statement from the |
---|
1003 | 1003 | | Department of Government Efficiency [Sunset Advisory Commission] |
---|
1004 | 1004 | | detailing the cost. |
---|
1005 | 1005 | | SECTION 73. Section 481.003, Government Code, is amended to |
---|
1006 | 1006 | | read as follows: |
---|
1007 | 1007 | | Sec. 481.003. DOGE [SUNSET] PROVISION. The Texas Economic |
---|
1008 | 1008 | | Development and Tourism Office is subject to Chapter 325 (Texas |
---|
1009 | 1009 | | DOGE [Sunset] Act). Unless continued in existence as provided by |
---|
1010 | 1010 | | that chapter, the office is abolished September 1, 2035. |
---|
1011 | 1011 | | SECTION 74. Section 482.103, Government Code, is amended to |
---|
1012 | 1012 | | read as follows: |
---|
1013 | 1013 | | Sec. 482.103. DOGE [SUNSET] PROVISION. The commission is |
---|
1014 | 1014 | | subject to Chapter 325 (Texas DOGE [Sunset] Act). Unless continued |
---|
1015 | 1015 | | in existence as provided by that chapter, the commission is |
---|
1016 | 1016 | | abolished and this chapter expires September 1, 2032. |
---|
1017 | 1017 | | SECTION 75. Section 482.602, Government Code, is amended to |
---|
1018 | 1018 | | read as follows: |
---|
1019 | 1019 | | Sec. 482.602. DOGE [SUNSET] PROVISION. The consortium is |
---|
1020 | 1020 | | subject to Chapter 325 (Texas DOGE [Sunset] Act). Unless continued |
---|
1021 | 1021 | | in existence as provided by that chapter, the consortium is |
---|
1022 | 1022 | | abolished and this subchapter expires September 1, 2032. |
---|
1023 | 1023 | | SECTION 76. Section 492.012, Government Code, is amended to |
---|
1024 | 1024 | | read as follows: |
---|
1025 | 1025 | | Sec. 492.012. DOGE [SUNSET] PROVISION. The Texas Board of |
---|
1026 | 1026 | | Criminal Justice and the Texas Department of Criminal Justice are |
---|
1027 | 1027 | | subject to Chapter 325 (Texas DOGE [Sunset] Act). Unless continued |
---|
1028 | 1028 | | in existence as provided by that chapter, the board and the |
---|
1029 | 1029 | | department are abolished September 1, 2025. |
---|
1030 | 1030 | | SECTION 77. Section 501.132, Government Code, is amended to |
---|
1031 | 1031 | | read as follows: |
---|
1032 | 1032 | | Sec. 501.132. APPLICATION OF DOGE [SUNSET] ACT. The |
---|
1033 | 1033 | | Correctional Managed Health Care Committee is subject to review |
---|
1034 | 1034 | | under Chapter 325 (Texas DOGE [Sunset] Act) regarding the |
---|
1035 | 1035 | | committee's role and responsibilities. The committee shall be |
---|
1036 | 1036 | | reviewed during the period in which the Texas Department of |
---|
1037 | 1037 | | Criminal Justice is reviewed. |
---|
1038 | 1038 | | SECTION 78. Section 508.051, Government Code, is amended to |
---|
1039 | 1039 | | read as follows: |
---|
1040 | 1040 | | Sec. 508.051. DOGE [SUNSET] PROVISION. The Board of |
---|
1041 | 1041 | | Pardons and Paroles is subject to review under Chapter 325 (Texas |
---|
1042 | 1042 | | DOGE [Sunset] Act), but is not abolished under that chapter. The |
---|
1043 | 1043 | | board shall be reviewed during the period in which the Texas |
---|
1044 | 1044 | | Department of Criminal Justice is reviewed. |
---|
1045 | 1045 | | SECTION 79. Section 511.003, Government Code, is amended to |
---|
1046 | 1046 | | read as follows: |
---|
1047 | 1047 | | Sec. 511.003. DOGE [SUNSET] PROVISION. The Commission on |
---|
1048 | 1048 | | Jail Standards is subject to Chapter 325 (Texas DOGE [Sunset] Act). |
---|
1049 | 1049 | | Unless continued in existence as provided by that chapter, the |
---|
1050 | 1050 | | commission is abolished September 1, 2035. |
---|
1051 | 1051 | | SECTION 80. Section 523.0003, Government Code, as effective |
---|
1052 | 1052 | | April 1, 2025, is amended to read as follows: |
---|
1053 | 1053 | | Sec. 523.0003. DOGE [SUNSET] PROVISION. The Health and |
---|
1054 | 1054 | | Human Services Commission is subject to Chapter 325 (Texas DOGE |
---|
1055 | 1055 | | [Sunset] Act). Unless continued in existence as provided by that |
---|
1056 | 1056 | | chapter, the commission is abolished September 1, 2027, and Chapter |
---|
1057 | 1057 | | 531 and revised provisions derived from Chapter 531, as that |
---|
1058 | 1058 | | chapter existed on March 31, 2025, expire on that date. |
---|
1059 | 1059 | | SECTION 81. Section 531.0045, Government Code, is |
---|
1060 | 1060 | | transferred to Subchapter A, Chapter 523, Government Code, as |
---|
1061 | 1061 | | effective April 1, 2025, redesignated as Section 523.00031, |
---|
1062 | 1062 | | Government Code, and amended to read as follows: |
---|
1063 | 1063 | | Sec. 523.00031 [531.0045]. LIMIT ON DOGE [SUNSET] REVIEW. |
---|
1064 | 1064 | | The Department of Government Efficiency's [Sunset Advisory |
---|
1065 | 1065 | | Commission's] review of the commission [Health and Human Services |
---|
1066 | 1066 | | Commission] under Chapter 325 (Texas DOGE [Sunset] Act) during the |
---|
1067 | 1067 | | period in which state agencies abolished in 2027 are reviewed may |
---|
1068 | 1068 | | not include a review of the family support services programs |
---|
1069 | 1069 | | transferred to the commission under Chapter 137, Human Resources |
---|
1070 | 1070 | | Code, or the Thriving Texas Families Program established under |
---|
1071 | 1071 | | Chapter 54, Health and Safety Code. This section expires September |
---|
1072 | 1072 | | 1, 2027. |
---|
1073 | 1073 | | SECTION 82. Section 531.499, Government Code, as added by |
---|
1074 | 1074 | | Chapter 484 (H.B. 728), Acts of the 88th Legislature, Regular |
---|
1075 | 1075 | | Session, 2023, is transferred to Chapter 526, Government Code, as |
---|
1076 | 1076 | | effective April 1, 2025, redesignated as Section 526.0809, |
---|
1077 | 1077 | | Government Code, and amended to read as follows: |
---|
1078 | 1078 | | Sec. 526.0809 [531.499]. APPLICATION OF DOGE [SUNSET] ACT. |
---|
1079 | 1079 | | The council is subject to Chapter 325 (Texas DOGE [Sunset] Act). |
---|
1080 | 1080 | | The council shall be reviewed during the period in which the |
---|
1081 | 1081 | | commission is reviewed under Section 523.0003 [531.004]. Unless |
---|
1082 | 1082 | | continued in existence as provided by Chapter 325, the council is |
---|
1083 | 1083 | | abolished and this subchapter expires on the date on which the |
---|
1084 | 1084 | | commission is subject to abolishment under that section. |
---|
1085 | 1085 | | SECTION 83. Section 571.022, Government Code, is amended to |
---|
1086 | 1086 | | read as follows: |
---|
1087 | 1087 | | Sec. 571.022. DOGE [SUNSET] PROVISION. The commission is |
---|
1088 | 1088 | | subject to review under Chapter 325 (Texas DOGE [Sunset] Act), but |
---|
1089 | 1089 | | is not abolished under that chapter. The commission shall be |
---|
1090 | 1090 | | reviewed during the periods in which state agencies abolished in |
---|
1091 | 1091 | | 2013 and every 12th year after that year are reviewed. |
---|
1092 | 1092 | | SECTION 84. Section 659.140(i), Government Code, is amended |
---|
1093 | 1093 | | to read as follows: |
---|
1094 | 1094 | | (i) The state employee charitable campaign policy committee |
---|
1095 | 1095 | | is subject to the Texas DOGE [Sunset] Act. Unless continued in |
---|
1096 | 1096 | | existence as provided by that chapter, the committee is abolished |
---|
1097 | 1097 | | and this subchapter and Sections 814.0095 and 814.0096 expire on |
---|
1098 | 1098 | | September 1, 2029. |
---|
1099 | 1099 | | SECTION 85. Section 751.003, Government Code, is amended to |
---|
1100 | 1100 | | read as follows: |
---|
1101 | 1101 | | Sec. 751.003. DOGE [SUNSET] PROVISION. The Office of |
---|
1102 | 1102 | | State-Federal Relations is subject to Chapter 325 (Texas DOGE |
---|
1103 | 1103 | | [Sunset] Act). Unless continued in existence as provided by that |
---|
1104 | 1104 | | chapter, the office is abolished September 1, 2035. |
---|
1105 | 1105 | | SECTION 86. Section 776.007, Government Code, is amended to |
---|
1106 | 1106 | | read as follows: |
---|
1107 | 1107 | | Sec. 776.007. DOGE [SUNSET] PROVISION. (a) The committee |
---|
1108 | 1108 | | is subject to Chapter 325 (Texas DOGE [Sunset] Act). |
---|
1109 | 1109 | | (b) To the extent that Chapter 325 (Texas DOGE [Sunset] Act) |
---|
1110 | 1110 | | places a duty on a state agency subject to review under that |
---|
1111 | 1111 | | chapter, the State Soil and Water Conservation Board shall perform |
---|
1112 | 1112 | | the duty as it relates to the committee. |
---|
1113 | 1113 | | (c) The committee shall be reviewed during each period in |
---|
1114 | 1114 | | which the State Soil and Water Conservation Board is reviewed. |
---|
1115 | 1115 | | SECTION 87. Section 801.107, Government Code, is amended to |
---|
1116 | 1116 | | read as follows: |
---|
1117 | 1117 | | Sec. 801.107. DOGE [SUNSET] PROVISION. The State Pension |
---|
1118 | 1118 | | Review Board is subject to Chapter 325 (Texas DOGE [Sunset] Act). |
---|
1119 | 1119 | | Unless continued in existence as provided by that chapter, the |
---|
1120 | 1120 | | board is abolished and this chapter expires September 1, 2029. |
---|
1121 | 1121 | | SECTION 88. Section 815.005, Government Code, is amended to |
---|
1122 | 1122 | | read as follows: |
---|
1123 | 1123 | | Sec. 815.005. DOGE [SUNSET] PROVISION. The board of |
---|
1124 | 1124 | | trustees of the Employees Retirement System of Texas is subject to |
---|
1125 | 1125 | | review under Chapter 325 (Texas DOGE [Sunset] Act), but is not |
---|
1126 | 1126 | | abolished under that chapter. The board shall be reviewed during |
---|
1127 | 1127 | | the period in which state agencies abolished in 2029, and every 12th |
---|
1128 | 1128 | | year after that year, are reviewed. |
---|
1129 | 1129 | | SECTION 89. Section 825.006, Government Code, is amended to |
---|
1130 | 1130 | | read as follows: |
---|
1131 | 1131 | | Sec. 825.006. DOGE [SUNSET] PROVISION. The board of |
---|
1132 | 1132 | | trustees of the Teacher Retirement System of Texas is subject to |
---|
1133 | 1133 | | review under Chapter 325 (Texas DOGE [Sunset] Act), but is not |
---|
1134 | 1134 | | abolished under that chapter. The board shall be reviewed during |
---|
1135 | 1135 | | the period in which state agencies abolished in 2035, and every 12th |
---|
1136 | 1136 | | year after that year, are reviewed. |
---|
1137 | 1137 | | SECTION 90. Section 865.0011, Government Code, is amended |
---|
1138 | 1138 | | to read as follows: |
---|
1139 | 1139 | | Sec. 865.0011. DOGE [SUNSET] REVIEW. The state board of the |
---|
1140 | 1140 | | pension system is subject to review under Chapter 325 (Texas DOGE |
---|
1141 | 1141 | | [Sunset] Act) but is not abolished under that chapter. The state |
---|
1142 | 1142 | | board shall be reviewed during the period in which state agencies |
---|
1143 | 1143 | | scheduled to be abolished in 2029, and every 12th year after that |
---|
1144 | 1144 | | year, are reviewed. |
---|
1145 | 1145 | | SECTION 91. Section 1232.072, Government Code, is amended |
---|
1146 | 1146 | | to read as follows: |
---|
1147 | 1147 | | Sec. 1232.072. DOGE [SUNSET] PROVISION. The Texas Public |
---|
1148 | 1148 | | Finance Authority is subject to Chapter 325 (Texas DOGE [Sunset] |
---|
1149 | 1149 | | Act). Unless continued in existence as provided by that chapter, |
---|
1150 | 1150 | | the authority is abolished and this chapter expires September 1, |
---|
1151 | 1151 | | 2029. |
---|
1152 | 1152 | | SECTION 92. Section 2003.023, Government Code, is amended |
---|
1153 | 1153 | | to read as follows: |
---|
1154 | 1154 | | Sec. 2003.023. DOGE [SUNSET] PROVISION. The State Office |
---|
1155 | 1155 | | of Administrative Hearings is subject to review under Chapter 325 |
---|
1156 | 1156 | | (Texas DOGE [Sunset] Act), but is not abolished under that chapter. |
---|
1157 | 1157 | | The office shall be reviewed during the periods in which state |
---|
1158 | 1158 | | agencies abolished in 2027 and every 12th year after 2027 are |
---|
1159 | 1159 | | reviewed. |
---|
1160 | 1160 | | SECTION 93. Section 2054.005, Government Code, is amended |
---|
1161 | 1161 | | to read as follows: |
---|
1162 | 1162 | | Sec. 2054.005. DOGE [SUNSET] PROVISION. (a) The |
---|
1163 | 1163 | | Department of Information Resources is subject to Chapter 325 |
---|
1164 | 1164 | | (Texas DOGE [Sunset] Act). Unless continued in existence as |
---|
1165 | 1165 | | provided by that chapter, the department is abolished and this |
---|
1166 | 1166 | | chapter expires September 1, 2025. |
---|
1167 | 1167 | | SECTION 94. Section 2056.010, Government Code, is amended |
---|
1168 | 1168 | | to read as follows: |
---|
1169 | 1169 | | Sec. 2056.010. AGENCY CONFORMANCE TO STRATEGIC PLAN. The |
---|
1170 | 1170 | | comptroller, the Department of Government Efficiency [Sunset |
---|
1171 | 1171 | | Advisory Commission], the state auditor, the Legislative Budget |
---|
1172 | 1172 | | Board, or another agency that conducts performance audits of a |
---|
1173 | 1173 | | state agency shall consider in the evaluation of an agency the |
---|
1174 | 1174 | | extent to which the agency conforms to the agency's strategic plan. |
---|
1175 | 1175 | | SECTION 95. Section 2152.002, Government Code, is amended |
---|
1176 | 1176 | | to read as follows: |
---|
1177 | 1177 | | Sec. 2152.002. DOGE [SUNSET] PROVISION. The Texas |
---|
1178 | 1178 | | Facilities Commission is subject to Chapter 325 (Texas DOGE |
---|
1179 | 1179 | | [Sunset] Act). Unless continued in existence as provided by that |
---|
1180 | 1180 | | chapter, the commission is abolished and this subtitle, except for |
---|
1181 | 1181 | | Chapter 2170 and Section 2157.121, expires September 1, 2029. |
---|
1182 | 1182 | | SECTION 96. Section 2261.258(b), Government Code, is |
---|
1183 | 1183 | | amended to read as follows: |
---|
1184 | 1184 | | (b) In assigning a rating to a state agency as required |
---|
1185 | 1185 | | under Subsection (a), the state auditor shall consider the |
---|
1186 | 1186 | | following information, as applicable: |
---|
1187 | 1187 | | (1) results of an audit of: |
---|
1188 | 1188 | | (A) the agency conducted by the state auditor |
---|
1189 | 1189 | | under Chapter 321; or |
---|
1190 | 1190 | | (B) the agency's contracts and contract |
---|
1191 | 1191 | | processes and controls conducted by the agency's internal auditors |
---|
1192 | 1192 | | or by the state auditor; |
---|
1193 | 1193 | | (2) results of a purchase audit conducted by the |
---|
1194 | 1194 | | comptroller under Section 2155.325; |
---|
1195 | 1195 | | (3) information reported by the quality assurance team |
---|
1196 | 1196 | | established under Section 2054.158 relating to the agency's major |
---|
1197 | 1197 | | information resources projects; |
---|
1198 | 1198 | | (4) information from the Contract Advisory Team |
---|
1199 | 1199 | | established under Subchapter C, Chapter 2262, relating to reviews |
---|
1200 | 1200 | | of the agency's contracts and contract solicitation documents; |
---|
1201 | 1201 | | (5) information relating to agency findings from a |
---|
1202 | 1202 | | review of the agency conducted by: |
---|
1203 | 1203 | | (A) the Legislative Budget Board; and |
---|
1204 | 1204 | | (B) the Department of Government Efficiency |
---|
1205 | 1205 | | [Sunset Advisory Commission] under Chapter 325 (Texas DOGE [Sunset] |
---|
1206 | 1206 | | Act); |
---|
1207 | 1207 | | (6) the agency's self-reported improvements to the |
---|
1208 | 1208 | | agency's contracting processes; and |
---|
1209 | 1209 | | (7) any additional internal analysis provided by the |
---|
1210 | 1210 | | agency. |
---|
1211 | 1211 | | SECTION 97. Section 2306.022, Government Code, is amended |
---|
1212 | 1212 | | to read as follows: |
---|
1213 | 1213 | | Sec. 2306.022. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1214 | 1214 | | Department of Housing and Community Affairs is subject to Chapter |
---|
1215 | 1215 | | 325 (Texas DOGE [Sunset] Act). Unless continued in existence as |
---|
1216 | 1216 | | provided by that chapter, the department is abolished and this |
---|
1217 | 1217 | | chapter expires September 1, 2029. |
---|
1218 | 1218 | | SECTION 98. Section 2306.5521, Government Code, is amended |
---|
1219 | 1219 | | to read as follows: |
---|
1220 | 1220 | | Sec. 2306.5521. DOGE [SUNSET] PROVISION. The Texas State |
---|
1221 | 1221 | | Affordable Housing Corporation is subject to Chapter 325 (Texas |
---|
1222 | 1222 | | DOGE [Sunset] Act). Unless continued in existence as provided by |
---|
1223 | 1223 | | that chapter, the corporation is abolished and this subchapter |
---|
1224 | 1224 | | expires September 1, 2029. |
---|
1225 | 1225 | | SECTION 99. Section 2308.005, Government Code, is amended |
---|
1226 | 1226 | | to read as follows: |
---|
1227 | 1227 | | Sec. 2308.005. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1228 | 1228 | | Workforce Investment Council is subject to Chapter 325 (Texas DOGE |
---|
1229 | 1229 | | [Sunset] Act). Unless continued in existence as provided by that |
---|
1230 | 1230 | | chapter, the council is abolished September 1, 2027. The council |
---|
1231 | 1231 | | shall be reviewed during the period in which the Texas Workforce |
---|
1232 | 1232 | | Commission is reviewed. |
---|
1233 | 1233 | | SECTION 100. Section 4002.002, Government Code, is amended |
---|
1234 | 1234 | | to read as follows: |
---|
1235 | 1235 | | Sec. 4002.002. DOGE [SUNSET] PROVISION. The State |
---|
1236 | 1236 | | Securities Board is subject to Chapter 325 (Texas DOGE [Sunset] |
---|
1237 | 1237 | | Act). Unless continued in existence as provided by that chapter, |
---|
1238 | 1238 | | the board is abolished and this title expires September 1, 2031. |
---|
1239 | 1239 | | SECTION 101. Section 34.018, Health and Safety Code, is |
---|
1240 | 1240 | | amended to read as follows: |
---|
1241 | 1241 | | Sec. 34.018. DOGE [SUNSET] PROVISION. (a) The review |
---|
1242 | 1242 | | committee is subject to Chapter 325, Government Code (Texas DOGE |
---|
1243 | 1243 | | [Sunset] Act). Unless continued in existence as provided by that |
---|
1244 | 1244 | | chapter, the review committee is abolished and this chapter expires |
---|
1245 | 1245 | | September 1, 2027. |
---|
1246 | 1246 | | (b) The Department of Government Efficiency [Sunset |
---|
1247 | 1247 | | Advisory Commission] shall review the review committee during the |
---|
1248 | 1248 | | two-year period preceding the date the department is scheduled for |
---|
1249 | 1249 | | abolition under Section 1001.003, but the review committee is |
---|
1250 | 1250 | | continued in existence until the date provided by Subsection (a). |
---|
1251 | 1251 | | This subsection expires September 1, 2025. |
---|
1252 | 1252 | | SECTION 102. Section 102.003, Health and Safety Code, is |
---|
1253 | 1253 | | amended to read as follows: |
---|
1254 | 1254 | | Sec. 102.003. DOGE [SUNSET] PROVISION. The Cancer |
---|
1255 | 1255 | | Prevention and Research Institute of Texas is subject to Chapter |
---|
1256 | 1256 | | 325, Government Code (Texas DOGE [Sunset] Act). Unless continued |
---|
1257 | 1257 | | in existence as provided by that chapter, the institute is |
---|
1258 | 1258 | | abolished and this chapter expires September 1, 2029. |
---|
1259 | 1259 | | SECTION 103. Section 108.016, Health and Safety Code, is |
---|
1260 | 1260 | | amended to read as follows: |
---|
1261 | 1261 | | Sec. 108.016. DOGE [SUNSET] REVIEW. Unless the department |
---|
1262 | 1262 | | is continued in existence in accordance with Chapter 325, |
---|
1263 | 1263 | | Government Code (Texas DOGE [Sunset] Act), after the review |
---|
1264 | 1264 | | required by Section 1001.003, this chapter expires on the date the |
---|
1265 | 1265 | | department is abolished under that section. |
---|
1266 | 1266 | | SECTION 104. Section 117.002, Health and Safety Code, is |
---|
1267 | 1267 | | amended to read as follows: |
---|
1268 | 1268 | | Sec. 117.002. APPLICATION OF DOGE [SUNSET] ACT. The Public |
---|
1269 | 1269 | | Health Funding and Policy Committee is subject to Chapter 325, |
---|
1270 | 1270 | | Government Code (Texas DOGE [Sunset] Act). Unless continued in |
---|
1271 | 1271 | | existence as provided by that chapter, the committee is abolished |
---|
1272 | 1272 | | and this chapter expires September 1, 2027. |
---|
1273 | 1273 | | SECTION 105. Section 119A.009, Health and Safety Code, is |
---|
1274 | 1274 | | amended to read as follows: |
---|
1275 | 1275 | | Sec. 119A.009. DOGE [SUNSET] PROVISION. The Pediatric |
---|
1276 | 1276 | | Acute-Onset Neuropsychiatric Syndrome Advisory Council is subject |
---|
1277 | 1277 | | to Chapter 325, Government Code (Texas DOGE [Sunset] Act). Unless |
---|
1278 | 1278 | | continued in existence as provided by that chapter, the advisory |
---|
1279 | 1279 | | council is abolished and this chapter expires September 1, 2033. |
---|
1280 | 1280 | | SECTION 106. Section 120.002, Health and Safety Code, is |
---|
1281 | 1281 | | amended to read as follows: |
---|
1282 | 1282 | | Sec. 120.002. DOGE [SUNSET] PROVISION. The task force is |
---|
1283 | 1283 | | subject to Chapter 325, Government Code (Texas DOGE [Sunset] Act). |
---|
1284 | 1284 | | Unless continued in existence as provided by that chapter, the task |
---|
1285 | 1285 | | force is abolished and this chapter expires September 1, 2029. |
---|
1286 | 1286 | | SECTION 107. Section 182.004, Health and Safety Code, is |
---|
1287 | 1287 | | amended to read as follows: |
---|
1288 | 1288 | | Sec. 182.004. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1289 | 1289 | | Health Services Authority is subject to Chapter 325, Government |
---|
1290 | 1290 | | Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
---|
1291 | 1291 | | provided by that chapter, the corporation is abolished and this |
---|
1292 | 1292 | | section, Section 182.001, and Subchapters B and C expire September |
---|
1293 | 1293 | | 1, 2027. |
---|
1294 | 1294 | | SECTION 108. Section 241.187(l), Health and Safety Code, as |
---|
1295 | 1295 | | amended by Chapters 596 (S.B. 619) and 600 (S.B. 749), Acts of the |
---|
1296 | 1296 | | 86th Legislature, Regular Session, 2019, is reenacted and amended |
---|
1297 | 1297 | | to read as follows: |
---|
1298 | 1298 | | (l) The advisory council is subject to Chapter 325, |
---|
1299 | 1299 | | Government Code (Texas DOGE [Sunset] Act). The advisory council |
---|
1300 | 1300 | | shall be reviewed during the period in which the Department of State |
---|
1301 | 1301 | | Health Services is reviewed. |
---|
1302 | 1302 | | SECTION 109. The heading to Section 403.0054, Health and |
---|
1303 | 1303 | | Safety Code, is amended to read as follows: |
---|
1304 | 1304 | | Sec. 403.0054. APPLICABILITY OF DOGE [SUNSET] ACT. |
---|
1305 | 1305 | | SECTION 110. Sections 403.0054(a) and (c), Health and |
---|
1306 | 1306 | | Safety Code, are amended to read as follows: |
---|
1307 | 1307 | | (a) The commission is subject to review under Chapter 325, |
---|
1308 | 1308 | | Government Code (Texas DOGE [Sunset] Act), as if it were a state |
---|
1309 | 1309 | | agency subject to review under that chapter, but may not be |
---|
1310 | 1310 | | abolished under that chapter. |
---|
1311 | 1311 | | (c) The commission shall pay the cost incurred by the |
---|
1312 | 1312 | | Department of Government Efficiency [Sunset Advisory Commission] |
---|
1313 | 1313 | | in performing a review of the commission under this section. The |
---|
1314 | 1314 | | Department of Government Efficiency [Sunset Advisory Commission] |
---|
1315 | 1315 | | shall determine the cost, and the commission shall pay the amount |
---|
1316 | 1316 | | promptly on receipt of a statement from the Department of |
---|
1317 | 1317 | | Government Efficiency [Sunset Advisory Commission] detailing the |
---|
1318 | 1318 | | cost. |
---|
1319 | 1319 | | SECTION 111. Section 771.032, Health and Safety Code, is |
---|
1320 | 1320 | | amended to read as follows: |
---|
1321 | 1321 | | Sec. 771.032. APPLICATION OF DOGE [SUNSET] ACT. The |
---|
1322 | 1322 | | Commission on State Emergency Communications is subject to Chapter |
---|
1323 | 1323 | | 325, Government Code (Texas DOGE [Sunset] Act). Unless continued |
---|
1324 | 1324 | | in existence as provided by that chapter, the commission is |
---|
1325 | 1325 | | abolished and this chapter expires September 1, 2029. |
---|
1326 | 1326 | | SECTION 112. Section 1001.003, Health and Safety Code, is |
---|
1327 | 1327 | | amended to read as follows: |
---|
1328 | 1328 | | Sec. 1001.003. DOGE [SUNSET] PROVISION. The Department of |
---|
1329 | 1329 | | State Health Services is subject to Chapter 325, Government Code |
---|
1330 | 1330 | | (Texas DOGE [Sunset] Act). Unless continued in existence as |
---|
1331 | 1331 | | provided by that chapter, the department is abolished and this |
---|
1332 | 1332 | | chapter expires September 1, 2027. |
---|
1333 | 1333 | | SECTION 113. Section 40.003, Human Resources Code, is |
---|
1334 | 1334 | | amended to read as follows: |
---|
1335 | 1335 | | Sec. 40.003. DOGE [SUNSET] PROVISION. The Department of |
---|
1336 | 1336 | | Family and Protective Services is subject to Chapter 325, |
---|
1337 | 1337 | | Government Code (Texas DOGE [Sunset] Act). Unless continued in |
---|
1338 | 1338 | | existence as provided by that chapter, the department is abolished |
---|
1339 | 1339 | | and this chapter expires September 1, 2027. |
---|
1340 | 1340 | | SECTION 114. Section 112.023, Human Resources Code, is |
---|
1341 | 1341 | | amended to read as follows: |
---|
1342 | 1342 | | Sec. 112.023. DOGE [SUNSET] PROVISION. The Texas Council |
---|
1343 | 1343 | | for Developmental Disabilities is subject to Chapter 325, |
---|
1344 | 1344 | | Government Code (Texas DOGE [Sunset] Act). Unless continued in |
---|
1345 | 1345 | | existence as provided by that chapter, the council is abolished and |
---|
1346 | 1346 | | this chapter expires September 1, 2027. |
---|
1347 | 1347 | | SECTION 115. Section 115.005, Human Resources Code, is |
---|
1348 | 1348 | | amended to read as follows: |
---|
1349 | 1349 | | Sec. 115.005. DOGE [SUNSET] PROVISION. The Governor's |
---|
1350 | 1350 | | Committee on People with Disabilities is subject to Chapter 325, |
---|
1351 | 1351 | | Government Code (Texas DOGE [Sunset] Act). Unless continued in |
---|
1352 | 1352 | | existence as provided by that chapter, the committee is abolished |
---|
1353 | 1353 | | and this chapter expires September 1, 2027. |
---|
1354 | 1354 | | SECTION 116. Section 117.003, Human Resources Code, as |
---|
1355 | 1355 | | effective April 1, 2025, is amended to read as follows: |
---|
1356 | 1356 | | Sec. 117.003. DOGE [SUNSET] PROVISION. Unless the |
---|
1357 | 1357 | | commission is continued in existence as provided by Chapter 325, |
---|
1358 | 1358 | | Government Code, after the review required by Section 523.0003, |
---|
1359 | 1359 | | Government Code, this chapter expires on the date the commission is |
---|
1360 | 1360 | | abolished under that section. |
---|
1361 | 1361 | | SECTION 117. Section 122.0012, Human Resources Code, is |
---|
1362 | 1362 | | amended to read as follows: |
---|
1363 | 1363 | | Sec. 122.0012. DOGE [SUNSET] PROVISION. [(b)] The Texas |
---|
1364 | 1364 | | Workforce Commission's authority to administer and oversee the |
---|
1365 | 1365 | | program administered under this chapter is subject to Chapter 325, |
---|
1366 | 1366 | | Government Code (Texas DOGE [Sunset] Act). Notwithstanding any |
---|
1367 | 1367 | | other law, that authority expires September 1, 2027, unless |
---|
1368 | 1368 | | continued in existence as provided by Chapter 325, Government Code. |
---|
1369 | 1369 | | SECTION 118. Section 161.003, Human Resources Code, as |
---|
1370 | 1370 | | effective April 1, 2025, is amended to read as follows: |
---|
1371 | 1371 | | Sec. 161.003. DOGE [SUNSET] PROVISION. Unless the |
---|
1372 | 1372 | | commission is continued in existence as provided by Chapter 325, |
---|
1373 | 1373 | | Government Code, after the review required by Section 523.0003, |
---|
1374 | 1374 | | Government Code, this chapter expires on the date the commission is |
---|
1375 | 1375 | | abolished under that section. |
---|
1376 | 1376 | | SECTION 119. Section 202.010, Human Resources Code, is |
---|
1377 | 1377 | | amended to read as follows: |
---|
1378 | 1378 | | Sec. 202.010. DOGE [SUNSET] PROVISION. The Texas Juvenile |
---|
1379 | 1379 | | Justice Board and the Texas Juvenile Justice Department are subject |
---|
1380 | 1380 | | to Chapter 325, Government Code (Texas DOGE [Sunset] Act). Unless |
---|
1381 | 1381 | | continued in existence as provided by that chapter, the board and |
---|
1382 | 1382 | | the department are abolished September 1, 2027. |
---|
1383 | 1383 | | SECTION 120. Section 203.002(d), Human Resources Code, is |
---|
1384 | 1384 | | amended to read as follows: |
---|
1385 | 1385 | | (d) The executive director shall provide the board and the |
---|
1386 | 1386 | | Department of Government Efficiency [Sunset Advisory Commission] |
---|
1387 | 1387 | | at the beginning of each calendar quarter aggregated data on the |
---|
1388 | 1388 | | number of times each action described by Subsection (c) was taken |
---|
1389 | 1389 | | during the previous calendar quarter. |
---|
1390 | 1390 | | SECTION 121. Section 203.017(a-1), Human Resources Code, is |
---|
1391 | 1391 | | amended to read as follows: |
---|
1392 | 1392 | | (a-1) The department shall update and submit the |
---|
1393 | 1393 | | regionalization plan developed under Subsection (a) to the |
---|
1394 | 1394 | | Department of Government Efficiency [Sunset Advisory Commission] |
---|
1395 | 1395 | | and standing legislative committees with primary jurisdiction over |
---|
1396 | 1396 | | juvenile justice matters by December 1 of each even-numbered year. |
---|
1397 | 1397 | | Before submitting the plan, the department must present an updated |
---|
1398 | 1398 | | draft of the regionalization plan to the board for public comment |
---|
1399 | 1399 | | and board approval. |
---|
1400 | 1400 | | SECTION 122. Section 261.054, Human Resources Code, is |
---|
1401 | 1401 | | amended to read as follows: |
---|
1402 | 1402 | | Sec. 261.054. DOGE [SUNSET] PROVISION. The office is |
---|
1403 | 1403 | | subject to review under Chapter 325, Government Code (Texas DOGE |
---|
1404 | 1404 | | [Sunset] Act), but is not abolished under that chapter. The office |
---|
1405 | 1405 | | shall be reviewed during the periods in which the Texas Juvenile |
---|
1406 | 1406 | | Justice Department or its successor agency is reviewed. |
---|
1407 | 1407 | | SECTION 123. The heading to Section 31.004, Insurance Code, |
---|
1408 | 1408 | | is amended to read as follows: |
---|
1409 | 1409 | | Sec. 31.004. DOGE [SUNSET] PROVISION. |
---|
1410 | 1410 | | SECTION 124. Section 31.004(a), Insurance Code, is amended |
---|
1411 | 1411 | | to read as follows: |
---|
1412 | 1412 | | (a) The Texas Department of Insurance is subject to Chapter |
---|
1413 | 1413 | | 325, Government Code (Texas DOGE [Sunset] Act). Unless continued |
---|
1414 | 1414 | | in existence as provided by that chapter, the department is |
---|
1415 | 1415 | | abolished September 1, 2029. |
---|
1416 | 1416 | | SECTION 125. Section 501.003, Insurance Code, is amended to |
---|
1417 | 1417 | | read as follows: |
---|
1418 | 1418 | | Sec. 501.003. DOGE [SUNSET] PROVISION. The office is |
---|
1419 | 1419 | | subject to Chapter 325, Government Code (Texas DOGE [Sunset] Act). |
---|
1420 | 1420 | | Unless continued in existence as provided by that chapter, the |
---|
1421 | 1421 | | office is abolished September 1, 2029. |
---|
1422 | 1422 | | SECTION 126. Section 1805.060, Insurance Code, is amended |
---|
1423 | 1423 | | to read as follows: |
---|
1424 | 1424 | | Sec. 1805.060. DOGE [SUNSET] REVIEW. During the period in |
---|
1425 | 1425 | | which the Department of Government Efficiency [Sunset Advisory |
---|
1426 | 1426 | | Commission] performs its review of the department under Chapter |
---|
1427 | 1427 | | 325, Government Code, the commission shall review the authority |
---|
1428 | 1428 | | granted under this subchapter. |
---|
1429 | 1429 | | SECTION 127. The heading to Section 2210.002, Insurance |
---|
1430 | 1430 | | Code, is amended to read as follows: |
---|
1431 | 1431 | | Sec. 2210.002. SHORT TITLE; DOGE [SUNSET] PROVISION. |
---|
1432 | 1432 | | SECTION 128. Section 2210.002(b), Insurance Code, is |
---|
1433 | 1433 | | amended to read as follows: |
---|
1434 | 1434 | | (b) The association is subject to review under Chapter 325, |
---|
1435 | 1435 | | Government Code (Texas DOGE [Sunset] Act), but is not abolished |
---|
1436 | 1436 | | under that chapter. The association shall be reviewed during the |
---|
1437 | 1437 | | period in which state agencies abolished in 2031 are reviewed. The |
---|
1438 | 1438 | | association shall pay the costs incurred by the Department of |
---|
1439 | 1439 | | Government Efficiency [Sunset Advisory Commission] in performing |
---|
1440 | 1440 | | the review of the association under this subsection. The |
---|
1441 | 1441 | | Department of Government Efficiency [Sunset Advisory Commission] |
---|
1442 | 1442 | | shall determine the costs of the review performed under this |
---|
1443 | 1443 | | subsection, and the association shall pay the amount of those costs |
---|
1444 | 1444 | | promptly on receipt of a statement from the Department of |
---|
1445 | 1445 | | Government Efficiency [Sunset Advisory Commission] regarding those |
---|
1446 | 1446 | | costs. This subsection expires September 1, 2031. |
---|
1447 | 1447 | | SECTION 129. Section 2210.0025, Insurance Code, is amended |
---|
1448 | 1448 | | to read as follows: |
---|
1449 | 1449 | | Sec. 2210.0025. BIENNIAL REPORT TO LEGISLATURE. On or |
---|
1450 | 1450 | | before December 31 of each even-numbered year, the board of |
---|
1451 | 1451 | | directors shall submit to the commissioner, the appropriate |
---|
1452 | 1452 | | committees of each house of the legislature, and the Department of |
---|
1453 | 1453 | | Government Efficiency [Sunset Advisory Commission] a written |
---|
1454 | 1454 | | report relating to the operations of the association during the |
---|
1455 | 1455 | | preceding biennium. The report must include: |
---|
1456 | 1456 | | (1) any proposed changes in the laws relating to |
---|
1457 | 1457 | | regulation of the association and a statement of the reasons for the |
---|
1458 | 1458 | | changes; and |
---|
1459 | 1459 | | (2) any information regarding association operations |
---|
1460 | 1460 | | or procedures that is requested by the department to be addressed in |
---|
1461 | 1461 | | the report. |
---|
1462 | 1462 | | SECTION 130. The heading to Subchapter A, Chapter 201, |
---|
1463 | 1463 | | Labor Code, is amended to read as follows: |
---|
1464 | 1464 | | SUBCHAPTER A. SHORT TITLE[; APPLICATION OF SUNSET ACT] |
---|
1465 | 1465 | | SECTION 131. Section 301.008, Labor Code, is amended to |
---|
1466 | 1466 | | read as follows: |
---|
1467 | 1467 | | Sec. 301.008. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1468 | 1468 | | Workforce Commission is subject to Chapter 325, Government Code |
---|
1469 | 1469 | | (Texas DOGE [Sunset] Act). Unless continued in existence as |
---|
1470 | 1470 | | provided by that chapter, the commission is abolished September 1, |
---|
1471 | 1471 | | 2027. |
---|
1472 | 1472 | | SECTION 132. The heading to Subchapter A, Chapter 401, |
---|
1473 | 1473 | | Labor Code, is amended to read as follows: |
---|
1474 | 1474 | | SUBCHAPTER A. SHORT TITLE[; APPLICATION OF SUNSET ACT] |
---|
1475 | 1475 | | SECTION 133. Section 404.003, Labor Code, is amended to |
---|
1476 | 1476 | | read as follows: |
---|
1477 | 1477 | | Sec. 404.003. DOGE [SUNSET] PROVISION. The office of |
---|
1478 | 1478 | | injured employee counsel is subject to Chapter 325, Government Code |
---|
1479 | 1479 | | (Texas DOGE [Sunset] Act). Unless continued in existence as |
---|
1480 | 1480 | | provided by that chapter, the office is abolished and this chapter |
---|
1481 | 1481 | | expires September 1, 2029. |
---|
1482 | 1482 | | SECTION 134. Section 412.021(f), Labor Code, is amended to |
---|
1483 | 1483 | | read as follows: |
---|
1484 | 1484 | | (f) The risk management board and the office are subject to |
---|
1485 | 1485 | | Chapter 325, Government Code (Texas DOGE [Sunset] Act). Unless |
---|
1486 | 1486 | | continued in existence as provided by that chapter, the board is |
---|
1487 | 1487 | | abolished and this section expires September 1, 2031. |
---|
1488 | 1488 | | SECTION 135. Section 31.156(a), Natural Resources Code, is |
---|
1489 | 1489 | | amended to read as follows: |
---|
1490 | 1490 | | (a) The division shall review the real property inventory of |
---|
1491 | 1491 | | each state agency not less than every four years, and a review shall |
---|
1492 | 1492 | | be made during the calendar year before the agency is scheduled for |
---|
1493 | 1493 | | abolition under the Texas DOGE [Sunset] Act (Chapter 325, |
---|
1494 | 1494 | | Government Code). The division may verify the accuracy of |
---|
1495 | 1495 | | inventory records provided by an agency. |
---|
1496 | 1496 | | SECTION 136. Section 32.003, Natural Resources Code, is |
---|
1497 | 1497 | | amended to read as follows: |
---|
1498 | 1498 | | Sec. 32.003. APPLICATION OF DOGE [SUNSET] ACT. The School |
---|
1499 | 1499 | | Land Board is subject to Chapter 325, Government Code (Texas DOGE |
---|
1500 | 1500 | | [Sunset] Act). Unless continued in existence as provided by that |
---|
1501 | 1501 | | chapter, the board is abolished September 1, 2031. |
---|
1502 | 1502 | | SECTION 137. Section 81.01001, Natural Resources Code, is |
---|
1503 | 1503 | | amended to read as follows: |
---|
1504 | 1504 | | Sec. 81.01001. DOGE [SUNSET] PROVISION. (a) The Railroad |
---|
1505 | 1505 | | Commission of Texas is subject to Chapter 325, Government Code |
---|
1506 | 1506 | | (Texas DOGE [Sunset] Act). Unless continued in existence as |
---|
1507 | 1507 | | provided by that chapter, the commission is abolished September 1, |
---|
1508 | 1508 | | 2029. |
---|
1509 | 1509 | | (b) The Railroad Commission of Texas shall pay the costs |
---|
1510 | 1510 | | incurred by the Department of Government Efficiency [Sunset |
---|
1511 | 1511 | | Advisory Commission] in performing a review of the commission under |
---|
1512 | 1512 | | this section. The Department of Government Efficiency [Sunset |
---|
1513 | 1513 | | Advisory Commission] shall determine the costs, and the commission |
---|
1514 | 1514 | | shall pay the amount of those costs promptly on receipt of a |
---|
1515 | 1515 | | statement from the Department of Government Efficiency [Sunset |
---|
1516 | 1516 | | Advisory Commission] detailing the costs. |
---|
1517 | 1517 | | SECTION 138. Section 153.044, Natural Resources Code, is |
---|
1518 | 1518 | | amended to read as follows: |
---|
1519 | 1519 | | Sec. 153.044. DOGE [SUNSET] PROVISION. The Prescribed |
---|
1520 | 1520 | | Burning Board is subject to Chapter 325, Government Code (Texas |
---|
1521 | 1521 | | DOGE [Sunset] Act). The board shall be reviewed during the period |
---|
1522 | 1522 | | in which the Department of Agriculture is reviewed. |
---|
1523 | 1523 | | SECTION 139. Section 161.0111, Natural Resources Code, is |
---|
1524 | 1524 | | amended to read as follows: |
---|
1525 | 1525 | | Sec. 161.0111. DOGE [SUNSET] PROVISION. The Veterans' Land |
---|
1526 | 1526 | | Board is subject to review under Chapter 325, Government Code |
---|
1527 | 1527 | | (Texas DOGE [Sunset] Act), but is not abolished under that chapter. |
---|
1528 | 1528 | | The board shall be reviewed during the period in which state |
---|
1529 | 1529 | | agencies abolished in 2031 are reviewed and every 12th year after |
---|
1530 | 1530 | | that. |
---|
1531 | 1531 | | SECTION 140. Section 51.002, Occupations Code, is amended |
---|
1532 | 1532 | | to read as follows: |
---|
1533 | 1533 | | Sec. 51.002. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1534 | 1534 | | Commission of Licensing and Regulation and the Texas Department of |
---|
1535 | 1535 | | Licensing and Regulation are subject to Chapter 325, Government |
---|
1536 | 1536 | | Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
---|
1537 | 1537 | | provided by that chapter, the commission and the department are |
---|
1538 | 1538 | | abolished September 1, 2033. |
---|
1539 | 1539 | | SECTION 141. Section 101.306(c), Occupations Code, is |
---|
1540 | 1540 | | amended to read as follows: |
---|
1541 | 1541 | | (c) The office shall recommend changes to the statutes |
---|
1542 | 1542 | | described by Subsection (a) to the Department of Government |
---|
1543 | 1543 | | Efficiency [Sunset Advisory Commission] during the commission's |
---|
1544 | 1544 | | review of the relevant licensing agency. |
---|
1545 | 1545 | | SECTION 142. Section 151.004, Occupations Code, is amended |
---|
1546 | 1546 | | to read as follows: |
---|
1547 | 1547 | | Sec. 151.004. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1548 | 1548 | | Medical Board is subject to Chapter 325, Government Code (Texas |
---|
1549 | 1549 | | DOGE [Sunset] Act). Unless continued in existence as provided by |
---|
1550 | 1550 | | that chapter, the board is abolished and this subtitle and Chapters |
---|
1551 | 1551 | | 204, 205, 206, 601, 602, 603, and 604 expire September 1, 2033. |
---|
1552 | 1552 | | SECTION 143. Section 201.004, Occupations Code, is amended |
---|
1553 | 1553 | | to read as follows: |
---|
1554 | 1554 | | Sec. 201.004. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1555 | 1555 | | Board of Chiropractic Examiners is subject to Chapter 325, |
---|
1556 | 1556 | | Government Code (Texas DOGE [Sunset] Act). Unless continued in |
---|
1557 | 1557 | | existence as provided by that chapter, the board is abolished and |
---|
1558 | 1558 | | this chapter expires September 1, 2033. |
---|
1559 | 1559 | | SECTION 144. Section 251.005, Occupations Code, is amended |
---|
1560 | 1560 | | to read as follows: |
---|
1561 | 1561 | | Sec. 251.005. APPLICATION OF DOGE [SUNSET] ACT. The State |
---|
1562 | 1562 | | Board of Dental Examiners is subject to Chapter 325, Government |
---|
1563 | 1563 | | Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
---|
1564 | 1564 | | provided by that chapter, the board is abolished September 1, 2033. |
---|
1565 | 1565 | | SECTION 145. Section 301.003, Occupations Code, is amended |
---|
1566 | 1566 | | to read as follows: |
---|
1567 | 1567 | | Sec. 301.003. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1568 | 1568 | | Board of Nursing is subject to Chapter 325, Government Code (Texas |
---|
1569 | 1569 | | DOGE [Sunset] Act). Unless continued in existence as provided by |
---|
1570 | 1570 | | that chapter, the board is abolished September 1, 2033. |
---|
1571 | 1571 | | SECTION 146. Section 351.004, Occupations Code, is amended |
---|
1572 | 1572 | | to read as follows: |
---|
1573 | 1573 | | Sec. 351.004. DOGE [SUNSET] PROVISION. The Texas Optometry |
---|
1574 | 1574 | | Board is subject to Chapter 325, Government Code (Texas DOGE |
---|
1575 | 1575 | | [Sunset] Act). Unless continued in existence as provided by that |
---|
1576 | 1576 | | chapter, the board is abolished and this chapter expires September |
---|
1577 | 1577 | | 1, 2033. |
---|
1578 | 1578 | | SECTION 147. Section 452.002, Occupations Code, is amended |
---|
1579 | 1579 | | to read as follows: |
---|
1580 | 1580 | | Sec. 452.002. APPLICATION OF DOGE [SUNSET] ACT. The |
---|
1581 | 1581 | | Executive Council of Physical Therapy and Occupational Therapy |
---|
1582 | 1582 | | Examiners is subject to Chapter 325, Government Code (Texas DOGE |
---|
1583 | 1583 | | [Sunset] Act). Unless continued in existence as provided by that |
---|
1584 | 1584 | | chapter, the executive council is abolished and the following laws |
---|
1585 | 1585 | | expire September 1, 2033: |
---|
1586 | 1586 | | (1) this chapter; |
---|
1587 | 1587 | | (2) Chapter 453; and |
---|
1588 | 1588 | | (3) Chapter 454. |
---|
1589 | 1589 | | SECTION 148. Section 453.002, Occupations Code, is amended |
---|
1590 | 1590 | | to read as follows: |
---|
1591 | 1591 | | Sec. 453.002. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1592 | 1592 | | Board of Physical Therapy Examiners is subject to Chapter 325, |
---|
1593 | 1593 | | Government Code (Texas DOGE [Sunset] Act). Unless continued in |
---|
1594 | 1594 | | existence as provided by that chapter, the board is abolished and |
---|
1595 | 1595 | | this chapter expires September 1, 2033. |
---|
1596 | 1596 | | SECTION 149. Section 454.003, Occupations Code, is amended |
---|
1597 | 1597 | | to read as follows: |
---|
1598 | 1598 | | Sec. 454.003. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1599 | 1599 | | Board of Occupational Therapy Examiners is subject to Chapter 325, |
---|
1600 | 1600 | | Government Code (Texas DOGE [Sunset] Act). Unless continued in |
---|
1601 | 1601 | | existence as provided by that chapter, the board is abolished and |
---|
1602 | 1602 | | this chapter expires September 1, 2033. |
---|
1603 | 1603 | | SECTION 150. Section 507.002, Occupations Code, is amended |
---|
1604 | 1604 | | to read as follows: |
---|
1605 | 1605 | | Sec. 507.002. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1606 | 1606 | | Behavioral Health Executive Council is subject to Chapter 325, |
---|
1607 | 1607 | | Government Code (Texas DOGE [Sunset] Act). Unless continued in |
---|
1608 | 1608 | | existence as provided by that chapter, the executive council is |
---|
1609 | 1609 | | abolished and this chapter and Chapters 501, 502, 503, and 505 |
---|
1610 | 1610 | | expire September 1, 2033. |
---|
1611 | 1611 | | SECTION 151. Section 551.005, Occupations Code, is amended |
---|
1612 | 1612 | | to read as follows: |
---|
1613 | 1613 | | Sec. 551.005. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1614 | 1614 | | State Board of Pharmacy is subject to Chapter 325, Government Code |
---|
1615 | 1615 | | (Texas DOGE [Sunset] Act). Unless continued in existence as |
---|
1616 | 1616 | | provided by that chapter, the board is abolished and this subtitle |
---|
1617 | 1617 | | expires September 1, 2033. |
---|
1618 | 1618 | | SECTION 152. Section 651.002, Occupations Code, is amended |
---|
1619 | 1619 | | to read as follows: |
---|
1620 | 1620 | | Sec. 651.002. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1621 | 1621 | | Funeral Service Commission is subject to Chapter 325, Government |
---|
1622 | 1622 | | Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
---|
1623 | 1623 | | provided by that chapter, the commission is abolished and this |
---|
1624 | 1624 | | chapter expires September 1, 2031. |
---|
1625 | 1625 | | SECTION 153. Section 801.003, Occupations Code, is amended |
---|
1626 | 1626 | | to read as follows: |
---|
1627 | 1627 | | Sec. 801.003. APPLICATION OF DOGE [SUNSET] ACT. The State |
---|
1628 | 1628 | | Board of Veterinary Medical Examiners is subject to Chapter 325, |
---|
1629 | 1629 | | Government Code (Texas DOGE [Sunset] Act). Unless continued in |
---|
1630 | 1630 | | existence as provided by that chapter, the board is abolished |
---|
1631 | 1631 | | September 1, 2027. |
---|
1632 | 1632 | | SECTION 154. Section 901.006, Occupations Code, is amended |
---|
1633 | 1633 | | to read as follows: |
---|
1634 | 1634 | | Sec. 901.006. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1635 | 1635 | | State Board of Public Accountancy is subject to Chapter 325, |
---|
1636 | 1636 | | Government Code (Texas DOGE [Sunset] Act). Unless continued in |
---|
1637 | 1637 | | existence as provided by that chapter, the board is abolished and |
---|
1638 | 1638 | | this chapter expires September 1, 2033. |
---|
1639 | 1639 | | SECTION 155. Section 1001.005, Occupations Code, is amended |
---|
1640 | 1640 | | to read as follows: |
---|
1641 | 1641 | | Sec. 1001.005. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1642 | 1642 | | Board of Professional Engineers and Land Surveyors is subject to |
---|
1643 | 1643 | | Chapter 325, Government Code (Texas DOGE [Sunset] Act). Unless |
---|
1644 | 1644 | | continued in existence as provided by that chapter, the board is |
---|
1645 | 1645 | | abolished and this chapter expires September 1, 2033. |
---|
1646 | 1646 | | SECTION 156. Section 1002.003, Occupations Code, is amended |
---|
1647 | 1647 | | to read as follows: |
---|
1648 | 1648 | | Sec. 1002.003. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1649 | 1649 | | Board of Professional Geoscientists is subject to Chapter 325, |
---|
1650 | 1650 | | Government Code (Texas DOGE [Sunset] Act). Unless continued in |
---|
1651 | 1651 | | existence as provided by that chapter, the board is abolished and |
---|
1652 | 1652 | | this chapter expires September 1, 2033. |
---|
1653 | 1653 | | SECTION 157. Section 1051.003, Occupations Code, is amended |
---|
1654 | 1654 | | to read as follows: |
---|
1655 | 1655 | | Sec. 1051.003. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1656 | 1656 | | Board of Architectural Examiners is subject to Chapter 325, |
---|
1657 | 1657 | | Government Code (Texas DOGE [Sunset] Act). Unless continued in |
---|
1658 | 1658 | | existence as provided by that chapter, the board is abolished and |
---|
1659 | 1659 | | this subtitle expires September 1, 2033. |
---|
1660 | 1660 | | SECTION 158. Section 1101.006, Occupations Code, is amended |
---|
1661 | 1661 | | to read as follows: |
---|
1662 | 1662 | | Sec. 1101.006. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1663 | 1663 | | Real Estate Commission is subject to Chapter 325, Government Code |
---|
1664 | 1664 | | (Texas DOGE [Sunset] Act). Unless continued in existence as |
---|
1665 | 1665 | | provided by that chapter, the commission is abolished and this |
---|
1666 | 1666 | | chapter and Chapter 1102 of this code and Chapter 221, Property |
---|
1667 | 1667 | | Code, expire September 1, 2033. |
---|
1668 | 1668 | | SECTION 159. Section 1103.006, Occupations Code, is amended |
---|
1669 | 1669 | | to read as follows: |
---|
1670 | 1670 | | Sec. 1103.006. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1671 | 1671 | | Appraiser Licensing and Certification Board is subject to Chapter |
---|
1672 | 1672 | | 325, Government Code (Texas DOGE [Sunset] Act). Unless continued |
---|
1673 | 1673 | | in existence as provided by that chapter, the board is abolished and |
---|
1674 | 1674 | | this chapter and Chapter 1104 expire September 1, 2033. |
---|
1675 | 1675 | | SECTION 160. Section 1301.003, Occupations Code, is amended |
---|
1676 | 1676 | | to read as follows: |
---|
1677 | 1677 | | Sec. 1301.003. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1678 | 1678 | | State Board of Plumbing Examiners is subject to Chapter 325, |
---|
1679 | 1679 | | Government Code (Texas DOGE [Sunset] Act). Unless continued in |
---|
1680 | 1680 | | existence as provided by that chapter, the board is abolished and |
---|
1681 | 1681 | | this chapter expires September 1, 2033. |
---|
1682 | 1682 | | SECTION 161. Section 1701.002, Occupations Code, is amended |
---|
1683 | 1683 | | to read as follows: |
---|
1684 | 1684 | | Sec. 1701.002. APPLICATION OF DOGE [SUNSET] ACT. The Texas |
---|
1685 | 1685 | | Commission on Law Enforcement is subject to Chapter 325, Government |
---|
1686 | 1686 | | Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
---|
1687 | 1687 | | provided by that chapter, the commission is abolished and this |
---|
1688 | 1688 | | chapter expires September 1, 2031. |
---|
1689 | 1689 | | SECTION 162. The heading to Section 2021.008, Occupations |
---|
1690 | 1690 | | Code, is amended to read as follows: |
---|
1691 | 1691 | | Sec. 2021.008. DOGE [SUNSET] PROVISION. |
---|
1692 | 1692 | | SECTION 163. Sections 2021.008(a) and (a-1), Occupations |
---|
1693 | 1693 | | Code, are amended to read as follows: |
---|
1694 | 1694 | | (a) The commission is subject to Chapter 325, Government |
---|
1695 | 1695 | | Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
---|
1696 | 1696 | | provided by that chapter, and except as provided by Subsections (b) |
---|
1697 | 1697 | | and (c), the commission is abolished and this subtitle expires |
---|
1698 | 1698 | | September 1, 2029. |
---|
1699 | 1699 | | (a-1) As part of the review under Subsection (a), the |
---|
1700 | 1700 | | Department of Government Efficiency [Sunset Advisory Commission] |
---|
1701 | 1701 | | shall review: |
---|
1702 | 1702 | | (1) the impact on the commission of authorizing the |
---|
1703 | 1703 | | executive director to apply for and receive grants to implement or |
---|
1704 | 1704 | | enforce this subtitle; |
---|
1705 | 1705 | | (2) the effect of increasing the amount of |
---|
1706 | 1706 | | unappropriated money remaining in the Texas Racing Commission fund |
---|
1707 | 1707 | | at the close of each state fiscal biennium that is transferred to |
---|
1708 | 1708 | | the general revenue fund; |
---|
1709 | 1709 | | (3) the effect of complying with Chapter 53 in the |
---|
1710 | 1710 | | administration of the commission's licensing program; |
---|
1711 | 1711 | | (4) the effect of requiring reimbursement of general |
---|
1712 | 1712 | | revenue appropriated to the commission for the administration and |
---|
1713 | 1713 | | enforcement of this subtitle that exceeds the cumulative amount |
---|
1714 | 1714 | | deposited in the Texas Racing Commission fund; and |
---|
1715 | 1715 | | (5) the commission's authority to issue a temporary |
---|
1716 | 1716 | | license to an applicant whose application appears to comply with |
---|
1717 | 1717 | | the requirements of law. |
---|
1718 | 1718 | | SECTION 164. Section 11.0111, Parks and Wildlife Code, is |
---|
1719 | 1719 | | amended to read as follows: |
---|
1720 | 1720 | | Sec. 11.0111. DOGE [SUNSET] PROVISION. The Parks and |
---|
1721 | 1721 | | Wildlife Department is subject to Chapter 325, Government Code |
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1722 | 1722 | | (Texas DOGE [Sunset] Act). Unless continued in existence as |
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1723 | 1723 | | provided by that chapter, the department is abolished September 1, |
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1724 | 1724 | | 2035. |
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1725 | 1725 | | SECTION 165. Section 8501.0015, Special District Local Laws |
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1726 | 1726 | | Code, is amended to read as follows: |
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1727 | 1727 | | Sec. 8501.0015. APPLICATION OF DOGE [SUNSET] ACT. (a) The |
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1728 | 1728 | | authority is subject to review under Chapter 325, Government Code |
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1729 | 1729 | | (Texas DOGE [Sunset] Act), but may not be abolished under that |
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1730 | 1730 | | chapter. The review shall be conducted under Section 325.025, |
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1731 | 1731 | | Government Code, as if the authority were a state agency scheduled |
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1732 | 1732 | | to be abolished September 1, 2025, and every 12th year after that |
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1733 | 1733 | | year. |
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1734 | 1734 | | (b) The authority shall pay the cost incurred by the |
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1735 | 1735 | | Department of Government Efficiency [Sunset Advisory Commission] |
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1736 | 1736 | | in performing the review. The Department of Government Efficiency |
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1737 | 1737 | | [Sunset Advisory Commission] shall determine the cost, and the |
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1738 | 1738 | | authority shall pay the amount promptly on receipt of a statement |
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1739 | 1739 | | from the Department of Government Efficiency [Sunset Advisory |
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1740 | 1740 | | Commission] detailing the cost. |
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1741 | 1741 | | SECTION 166. Section 8502.0021, Special District Local Laws |
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1742 | 1742 | | Code, is amended to read as follows: |
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1743 | 1743 | | Sec. 8502.0021. APPLICATION OF DOGE [SUNSET] ACT. (a) The |
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1744 | 1744 | | authority is subject to review under Chapter 325, Government Code |
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1745 | 1745 | | (Texas DOGE [Sunset] Act), but may not be abolished under that |
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1746 | 1746 | | chapter. The review shall be conducted under Section 325.025, |
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1747 | 1747 | | Government Code, as if the authority were a state agency scheduled |
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1748 | 1748 | | to be abolished September 1, 2035, and every 12th year after that |
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1749 | 1749 | | year. |
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1750 | 1750 | | (b) The authority shall pay the cost incurred by the |
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1751 | 1751 | | Department of Government Efficiency [Sunset Advisory Commission] |
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1752 | 1752 | | in performing the review. The Department of Government Efficiency |
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1753 | 1753 | | [Sunset Advisory Commission] shall determine the cost, and the |
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1754 | 1754 | | authority shall pay the amount promptly on receipt of a statement |
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1755 | 1755 | | from the Department of Government Efficiency [Sunset Advisory |
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1756 | 1756 | | Commission] detailing the cost. |
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1757 | 1757 | | SECTION 167. Section 8503.0021, Special District Local Laws |
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1758 | 1758 | | Code, is amended to read as follows: |
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1759 | 1759 | | Sec. 8503.0021. APPLICATION OF DOGE [SUNSET] ACT. (a) The |
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1760 | 1760 | | authority is subject to review under Chapter 325, Government Code |
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1761 | 1761 | | (Texas DOGE [Sunset] Act), but may not be abolished under that |
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1762 | 1762 | | chapter. The review shall not include the management of the |
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1763 | 1763 | | generation or transmission of electricity under the wholesale |
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1764 | 1764 | | electricity operation of the authority and the authority's |
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1765 | 1765 | | affiliated nonprofit corporations. The review shall be conducted |
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1766 | 1766 | | under Section 325.025, Government Code, as if the authority were a |
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1767 | 1767 | | state agency scheduled to be abolished September 1, 2031, and every |
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1768 | 1768 | | 12th year after that year. |
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1769 | 1769 | | (b) In anticipation of the [sunset] review under Subsection |
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1770 | 1770 | | (a), based on the results of an audit, including a |
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1771 | 1771 | | performance-related audit, conducted by the state auditor before |
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1772 | 1772 | | December 1, 2016, the state auditor may make recommendations to the |
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1773 | 1773 | | legislature, including whether a review conducted under Subsection |
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1774 | 1774 | | (a) should include the financial operation and management of the |
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1775 | 1775 | | generation or transmission of electricity under the wholesale |
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1776 | 1776 | | electricity operation of the authority and the authority's |
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1777 | 1777 | | affiliated nonprofit corporations. |
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1778 | 1778 | | (c) The authority shall pay the cost incurred by the |
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1779 | 1779 | | Department of Government Efficiency [Sunset Advisory Commission] |
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1780 | 1780 | | in performing the review under Subsection (a). The Department of |
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1781 | 1781 | | Government Efficiency [Sunset Advisory Commission] shall determine |
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1782 | 1782 | | the cost, and the authority shall pay the amount promptly on receipt |
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1783 | 1783 | | of a statement from the Department of Government Efficiency [Sunset |
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1784 | 1784 | | Advisory Commission] detailing the cost. |
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1785 | 1785 | | SECTION 168. Section 8504.0021, Special District Local Laws |
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1786 | 1786 | | Code, is amended to read as follows: |
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1787 | 1787 | | Sec. 8504.0021. APPLICATION OF DOGE [SUNSET] ACT. (a) The |
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1788 | 1788 | | authority is subject to review under Chapter 325, Government Code |
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1789 | 1789 | | (Texas DOGE [Sunset] Act), but may not be abolished under that |
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1790 | 1790 | | chapter. The review shall be conducted under Section 325.025, |
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1791 | 1791 | | Government Code, as if the authority were a state agency scheduled |
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1792 | 1792 | | to be abolished September 1, 2025, and every 12th year after that |
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1793 | 1793 | | year. |
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1794 | 1794 | | (b) The authority shall pay the cost incurred by the |
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1795 | 1795 | | Department of Government Efficiency [Sunset Advisory Commission] |
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1796 | 1796 | | in performing the review. The Department of Government Efficiency |
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1797 | 1797 | | [Sunset Advisory Commission] shall determine the cost, and the |
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1798 | 1798 | | authority shall pay the amount promptly on receipt of a statement |
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1799 | 1799 | | from the Department of Government Efficiency [Sunset Advisory |
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1800 | 1800 | | Commission] detailing the cost. |
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1801 | 1801 | | SECTION 169. Section 8506.0021, Special District Local Laws |
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1802 | 1802 | | Code, is amended to read as follows: |
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1803 | 1803 | | Sec. 8506.0021. APPLICATION OF DOGE [SUNSET] ACT. (a) The |
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1804 | 1804 | | authority is subject to review under Chapter 325, Government Code |
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1805 | 1805 | | (Texas DOGE [Sunset] Act), but may not be abolished under that |
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1806 | 1806 | | chapter. The review shall be conducted under Section 325.025, |
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1807 | 1807 | | Government Code, as if the authority were a state agency scheduled |
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1808 | 1808 | | to be abolished September 1, 2029, and every 12th year after that |
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1809 | 1809 | | year. |
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1810 | 1810 | | (b) The authority shall pay the cost incurred by the |
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1811 | 1811 | | Department of Government Efficiency [Sunset Advisory Commission] |
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1812 | 1812 | | in performing the review. The Department of Government Efficiency |
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1813 | 1813 | | [Sunset Advisory Commission] shall determine the cost, and the |
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1814 | 1814 | | authority shall pay the amount promptly on receipt of a statement |
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1815 | 1815 | | from the Department of Government Efficiency [Sunset Advisory |
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1816 | 1816 | | Commission] detailing the cost. |
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1817 | 1817 | | SECTION 170. The heading to Section 8508.0005, Special |
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1818 | 1818 | | District Local Laws Code, is amended to read as follows: |
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1819 | 1819 | | Sec. 8508.0005. REVIEW SCHEDULE UNDER DOGE [SUNSET] ACT. |
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1820 | 1820 | | SECTION 171. The heading to Section 8510.0104, Special |
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1821 | 1821 | | District Local Laws Code, is amended to read as follows: |
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1822 | 1822 | | Sec. 8510.0104. REVIEW SCHEDULE UNDER DOGE [SUNSET] ACT. |
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1823 | 1823 | | SECTION 172. The heading to Section 8511.0104, Special |
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1824 | 1824 | | District Local Laws Code, is amended to read as follows: |
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1825 | 1825 | | Sec. 8511.0104. REVIEW SCHEDULE UNDER DOGE [SUNSET] ACT. |
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1826 | 1826 | | SECTION 173. The heading to Section 9502.0105, Special |
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1827 | 1827 | | District Local Laws Code, is amended to read as follows: |
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1828 | 1828 | | Sec. 9502.0105. APPLICATION OF DOGE [SUNSET] ACT. |
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1829 | 1829 | | SECTION 174. Sections 9502.0105(a) and (c), Special |
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1830 | 1830 | | District Local Laws Code, are amended to read as follows: |
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1831 | 1831 | | (a) The district is subject to review under Chapter 325, |
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1832 | 1832 | | Government Code (Texas DOGE [Sunset] Act), but may not be abolished |
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1833 | 1833 | | under that chapter. The review shall be conducted under Section |
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1834 | 1834 | | 325.025, Government Code, as if the authority were a state agency |
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1835 | 1835 | | scheduled to be abolished September 1, 2035, and every 12th year |
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1836 | 1836 | | after that year. |
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1837 | 1837 | | (c) The district shall pay the cost incurred by the |
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1838 | 1838 | | Department of Government Efficiency [Sunset Advisory Commission] |
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1839 | 1839 | | in performing the review. The Department of Government Efficiency |
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1840 | 1840 | | [Sunset Advisory Commission] shall determine the cost, and the |
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1841 | 1841 | | district shall pay the amount promptly on receipt of a statement |
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1842 | 1842 | | from the Department of Government Efficiency [Sunset Advisory |
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1843 | 1843 | | Commission] detailing the cost. |
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1844 | 1844 | | SECTION 175. Section 201.204, Transportation Code, is |
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1845 | 1845 | | amended to read as follows: |
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1846 | 1846 | | Sec. 201.204. DOGE [SUNSET] PROVISION. The Texas |
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1847 | 1847 | | Department of Transportation is subject to Chapter 325, Government |
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1848 | 1848 | | Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
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1849 | 1849 | | provided by that chapter, the department is abolished September 1, |
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1850 | 1850 | | 2029. |
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1851 | 1851 | | SECTION 176. The heading to Section 201.2041, |
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1852 | 1852 | | Transportation Code, is amended to read as follows: |
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1853 | 1853 | | Sec. 201.2041. SUBMISSION OF FINANCIAL AUDIT TO DEPARTMENT |
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1854 | 1854 | | OF GOVERNMENT EFFICIENCY [SUNSET COMMISSION]. |
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1855 | 1855 | | SECTION 177. Section 201.2041(b), Transportation Code, is |
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1856 | 1856 | | amended to read as follows: |
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1857 | 1857 | | (b) Subsection (a) does not apply if the department is |
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1858 | 1858 | | subject to [sunset] review by the Department of Government |
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1859 | 1859 | | Efficiency during the previous two-year period. |
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1860 | 1860 | | SECTION 178. Section 1001.005, Transportation Code, is |
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1861 | 1861 | | amended to read as follows: |
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1862 | 1862 | | Sec. 1001.005. DOGE [SUNSET] PROVISION. The department is |
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1863 | 1863 | | subject to Chapter 325, Government Code (Texas DOGE [Sunset] Act). |
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1864 | 1864 | | Unless continued in existence as provided by that chapter, the |
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1865 | 1865 | | department is abolished September 1, 2031. |
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1866 | 1866 | | SECTION 179. Section 12.005, Utilities Code, is amended to |
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1867 | 1867 | | read as follows: |
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1868 | 1868 | | Sec. 12.005. APPLICATION OF DOGE [SUNSET] ACT. The Public |
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1869 | 1869 | | Utility Commission of Texas is subject to Chapter 325, Government |
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1870 | 1870 | | Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
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1871 | 1871 | | provided by that chapter or by Chapter 39, the commission is |
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1872 | 1872 | | abolished September 1, 2029. |
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1873 | 1873 | | SECTION 180. Section 13.002, Utilities Code, is amended to |
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1874 | 1874 | | read as follows: |
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1875 | 1875 | | Sec. 13.002. APPLICATION OF DOGE [SUNSET] ACT. The Office |
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1876 | 1876 | | of Public Utility Counsel is subject to Chapter 325, Government |
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1877 | 1877 | | Code (Texas DOGE [Sunset] Act). Unless continued in existence as |
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1878 | 1878 | | provided by that chapter, the office is abolished September 1, |
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1879 | 1879 | | 2029. |
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1880 | 1880 | | SECTION 181. Section 34.0109(i), Utilities Code, is amended |
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1881 | 1881 | | to read as follows: |
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1882 | 1882 | | (i) The advisory committee is subject to Chapter 325, |
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1883 | 1883 | | Government Code (Texas DOGE [Sunset] Act). Unless continued in |
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1884 | 1884 | | existence as provided by that chapter, the advisory committee is |
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1885 | 1885 | | abolished September 1, 2035. |
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1886 | 1886 | | SECTION 182. Section 39.151(n), Utilities Code, is amended |
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1887 | 1887 | | to read as follows: |
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1888 | 1888 | | (n) An independent organization certified by the commission |
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1889 | 1889 | | under this section is subject to review under Chapter 325, |
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1890 | 1890 | | Government Code (Texas DOGE [Sunset] Act), but is not abolished |
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1891 | 1891 | | under that chapter. The independent organization shall be reviewed |
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1892 | 1892 | | during the periods in which the Public Utility Commission of Texas |
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1893 | 1893 | | is reviewed. |
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1894 | 1894 | | SECTION 183. The heading to Section 39.908, Utilities Code, |
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1895 | 1895 | | is amended to read as follows: |
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1896 | 1896 | | Sec. 39.908. EFFECT OF DOGE [SUNSET] PROVISION. |
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1897 | 1897 | | SECTION 184. Section 41.060(c), Utilities Code, is amended |
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1898 | 1898 | | to read as follows: |
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1899 | 1899 | | (c) The commission shall prepare a report for the Department |
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1900 | 1900 | | of Government Efficiency [Sunset Advisory Commission] that |
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1901 | 1901 | | includes information submitted and responses by electric |
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1902 | 1902 | | cooperatives in accordance with the Department of Government |
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1903 | 1903 | | Efficiency's [Sunset Advisory Commission's] schedule for reviewing |
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1904 | 1904 | | the commission. |
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1905 | 1905 | | SECTION 185. Section 5.014, Water Code, is amended to read |
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1906 | 1906 | | as follows: |
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1907 | 1907 | | Sec. 5.014. DOGE [SUNSET] PROVISION. The Texas Commission |
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1908 | 1908 | | on Environmental Quality is subject to Chapter 325, Government Code |
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1909 | 1909 | | (Texas DOGE [Sunset] Act). Unless continued in existence as |
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1910 | 1910 | | provided by that chapter, the commission is abolished September 1, |
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1911 | 1911 | | 2035. |
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1912 | 1912 | | SECTION 186. Section 6.013, Water Code, is amended to read |
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1913 | 1913 | | as follows: |
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1914 | 1914 | | Sec. 6.013. DOGE [SUNSET] PROVISION. The Texas Water |
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1915 | 1915 | | Development Board is subject to review under Chapter 325, |
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1916 | 1916 | | Government Code (Texas DOGE [Sunset] Act), but is not abolished |
---|
1917 | 1917 | | under that chapter. The board shall be reviewed during the period |
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1918 | 1918 | | in which state agencies abolished in 2035 and every 12th year after |
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1919 | 1919 | | 2035 are reviewed. |
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1920 | 1920 | | SECTION 187. Section 15.438(k), Water Code, is amended to |
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1921 | 1921 | | read as follows: |
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1922 | 1922 | | (k) The advisory committee is subject to Chapter 325, |
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1923 | 1923 | | Government Code (Texas DOGE [Sunset] Act). Unless continued in |
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1924 | 1924 | | existence as provided by that chapter, the advisory committee is |
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1925 | 1925 | | abolished and this section expires September 1, 2035. |
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1926 | 1926 | | SECTION 188. To the extent of any conflict, this Act |
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1927 | 1927 | | prevails over another Act of the 89th Legislature, Regular Session, |
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1928 | 1928 | | 2025, relating to nonsubstantive additions to and corrections in |
---|
1929 | 1929 | | enacted codes. |
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1930 | 1930 | | SECTION 189. (a) Effective January 1, 2026: |
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1931 | 1931 | | (1) the name of the Sunset Advisory Commission is |
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1932 | 1932 | | changed to the Department of Government Efficiency, and all powers, |
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1933 | 1933 | | duties, rights, and obligations of the Sunset Advisory Commission |
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1934 | 1934 | | are the powers, duties, rights, and obligations of the Department |
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1935 | 1935 | | of Government Efficiency; |
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1936 | 1936 | | (2) a member of the Sunset Advisory Commission is a |
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1937 | 1937 | | member of the board of the Department of Government Efficiency; and |
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1938 | 1938 | | (3) any appropriation to the Sunset Advisory |
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1939 | 1939 | | Commission is an appropriation to the Department of Government |
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1940 | 1940 | | Efficiency. |
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1941 | 1941 | | (b) Effective January 1, 2026, a reference in law to the |
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1942 | 1942 | | Sunset Advisory Commission is a reference to the Department of |
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1943 | 1943 | | Government Efficiency. |
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1944 | 1944 | | (c) The Department of Government Efficiency is the |
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1945 | 1945 | | successor to the Sunset Advisory Commission in all respects. All |
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1946 | 1946 | | personnel, equipment, data, documents, facilities, contracts, |
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1947 | 1947 | | items, other property, rules, decisions, and proceedings of or |
---|
1948 | 1948 | | involving the Sunset Advisory Commission are unaffected by the |
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1949 | 1949 | | change in the name of the agency. |
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1950 | 1950 | | (d) The Sunset Advisory Commission shall adopt a timetable |
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1951 | 1951 | | for phasing in the change of the agency's name so as to minimize the |
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1952 | 1952 | | fiscal impact of the name change. Until January 1, 2026, to allow |
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1953 | 1953 | | for phasing in the change of the agency's name and in accordance |
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1954 | 1954 | | with the timetable established as required by this section, the |
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1955 | 1955 | | agency may perform any act authorized by law for the Sunset Advisory |
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1956 | 1956 | | Commission as the Sunset Advisory Commission or as the Department |
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1957 | 1957 | | of Government Efficiency. Any act of the Sunset Advisory |
---|
1958 | 1958 | | Commission acting as the Department of Government Efficiency on or |
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1959 | 1959 | | after the effective date of this Act and before January 1, 2026, is |
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1960 | 1960 | | an act of the Sunset Advisory Commission. |
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1961 | 1961 | | SECTION 190. This Act takes effect September 1, 2025. |
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