89R14574 GP-D
By: Curry H.B. No. 4936
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Department of Marketing Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 10, Government Code, is
amended by adding Chapter 2178 to read as follows:
CHAPTER 2178. DEPARTMENT OF MARKETING SERVICES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 2178.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of the department.
(2) "Department" means the Department of Marketing
Services.
(3) "State agency" means a department, commission,
board, office, council, authority, or other agency in the executive
or judicial branch of state government that is created by the
constitution or a statute of this state, including a university
system or institution of higher education as defined by Section
61.003, Education Code.
Sec. 2178.002. SUNSET PROVISION. The department is subject
to Chapter 325 (Texas Sunset Act). Unless continued in existence as
provided by that chapter, the department is abolished and this
chapter expires September 1, 2037.
Sec. 2178.003. RULES. The department may adopt rules as
necessary to accomplish its purposes under this chapter.
SUBCHAPTER B. ADMINISTRATION OF DEPARTMENT
Sec. 2178.021. COMPOSITION OF BOARD; TERMS. (a) The
department is governed by a board composed of seven members
appointed by the governor with the advice and consent of the senate.
One member must be employed by an institution of higher education as
defined by Section 61.003, Education Code.
(b) Members of the board serve for staggered six-year terms
with two or three members' terms expiring February 1 of each
odd-numbered year.
Sec. 2178.022. QUALIFICATIONS. (a) To be eligible to serve
as a member of the board, a person appointed to the board must
complete at least one course of a training program that complies
with this section.
(b) A board member must complete a training program that
complies with Subsection (c) not later than the 180th day after the
date the person begins serving as a member of the board.
(c) The training program must provide information to the
person regarding:
(1) this chapter and the board to which the person is
appointed to serve;
(2) the programs operated by the department;
(3) the role and functions of the department;
(4) the rules of the department, with an emphasis on
the rules that relate to disciplinary and investigatory authority;
(5) the current budget for the department;
(6) the results of the most recent formal audit of the
department;
(7) the requirements of Chapters 551, 552, and 2001;
(8) the requirements of the conflict of interest laws
and other laws relating to public officials;
(9) any applicable ethics policies adopted by the
department or the Texas Ethics Commission; and
(10) contract management training.
(d) A person appointed to the board is entitled to
reimbursement for travel expenses incurred in attending the
training program, as provided by the General Appropriations Act and
as if the person were a member of the board.
Sec. 2178.023. VACANCY. A vacancy on the board shall be
filled in the same manner as the original appointment. A member
appointed to fill a vacancy on the board shall serve for the
remainder of the unexpired term.
Sec. 2178.024. OFFICERS. (a) The governor shall designate
a member of the board to serve as presiding officer at the
discretion of the governor.
(b) The board may elect other officers as the board
determines necessary.
SUBCHAPTER C. PURPOSE OF DEPARTMENT
Sec. 2178.041. PURPOSE. The department is responsible for
reviewing each request received by the department under Section
2178.043 and approving or disapproving the expenditure for
marketing purposes that is the subject of the request.
Sec. 2178.042. APPROVAL REQUIRED FOR MARKETING
EXPENDITURE. Notwithstanding any other law, a state agency may not
spend state money for marketing purposes unless the expenditure is
approved by the department in the manner provided by Section
2178.043.
Sec. 2178.043. REQUEST FOR APPROVAL. (a) Subject to
Section 2113.011, a state agency shall apply to the department for
approval of an expenditure of state money for marketing purposes
before making the expenditure.
(b) The department shall review the request and shall
approve or disapprove the expenditure that is the subject of the
request not later than the 90th day after the department receives
the request.
(c) If the department disapproves the expenditure that is
the subject of a request, the department shall provide an
explanation for the denial to the state agency that submitted the
request.
(d) If the department does not respond to a request before
the expiration of the period described by Subsection (b), the
request is considered to be approved and the state agency that
submitted the request may make the requested expenditure.
SUBCHAPTER D. REPORT
Sec. 2178.061. REPORT BY STATE AGENCIES. The department
may require each state agency to report to the department, on a
schedule adopted by the department, the following information for
the period covered by the report:
(1) the agency's use of state money for marketing
purposes;
(2) the agency's use of money other than state money
for marketing purposes;
(3) the effect of each expenditure of money for
marketing purposes by the agency on the duties and functions of the
agency;
(4) the total cost incurred by the agency for
marketing purposes;
(5) the agency's rules and procedures relating to
expenditures for marketing purposes; and
(6) any other information relating to expenditures for
marketing purposes that the department determines is appropriate.
SECTION 2. As soon as possible, the governor shall appoint
the members of the board of the Department of Marketing Services in
accordance with Chapter 2178, Government Code, as added by this
Act. In making the initial appointments, the governor shall
designate two members for terms expiring February 1, 2027, two
members for terms expiring February 1, 2029, and three members for
terms expiring February 1, 2031.
SECTION 3. This Act takes effect September 1, 2025.