Bill Text: TX HB297 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to the creation of the Joint Committee to Review the Sunset Advisory Commission.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-07-25 - Referred to State Affairs [HB297 Detail]
Download: Texas-2017-HB297-Introduced.html
| 85S10993 MTB-D | ||
| By: Phillips | H.B. No. 297 | |
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| relating to the creation of the Joint Committee to Review the Sunset | ||
| Advisory Commission. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle C, Title 3, Government Code, is amended | ||
| by adding Chapter 327 to read as follows: | ||
| CHAPTER 327. JOINT COMMITTEE TO REVIEW THE SUNSET ADVISORY | ||
| COMMISSION | ||
| Sec. 327.001. DEFINITIONS. In this chapter: | ||
| (1) "Committee" means the Joint Committee to Review | ||
| the Sunset Advisory Commission. | ||
| (2) "Executive head of a state agency" means the | ||
| director, executive director, commissioner, administrator, chief | ||
| clerk, or other individual who is appointed by the governing body or | ||
| highest officer of the state agency to act as the chief executive or | ||
| administrative officer of the agency. | ||
| Sec. 327.002. JOINT COMMITTEE TO REVIEW THE SUNSET ADVISORY | ||
| COMMISSION. (a) The Joint Committee to Review the Sunset Advisory | ||
| Commission consists of: | ||
| (1) three members of the senate and one public member | ||
| appointed by the lieutenant governor; | ||
| (2) three members of the house of representatives and | ||
| one public member appointed by the speaker of the house; and | ||
| (3) two executive heads of state agencies and one | ||
| public member appointed by the governor. | ||
| (b) The lieutenant governor and the speaker of the house may | ||
| serve as one of the legislative appointees. | ||
| (c) A public member of the committee may not concurrently be | ||
| serving as a member of the Sunset Advisory Commission. | ||
| (d) Not more than one legislative member of the committee | ||
| from each house may concurrently be serving as a member of the | ||
| Sunset Advisory Commission. | ||
| (e) If a vacancy occurs, the appropriate appointing | ||
| authority shall appoint a person to serve for the remainder of the | ||
| unexpired term in the same manner as the original appointment. | ||
| (f) The lieutenant governor shall designate one of the | ||
| committee members appointed by the lieutenant governor to serve as | ||
| joint chair of the committee. The speaker of the house of | ||
| representatives shall designate one of the committee members | ||
| appointed by the speaker to serve as joint chair of the committee. | ||
| (g) Each member of the committee is entitled to | ||
| reimbursement for actual and necessary expenses incurred in | ||
| performing committee duties. Each legislative member is entitled to | ||
| reimbursement from the appropriate fund of the member's respective | ||
| house. Each public member and committee member appointed by the | ||
| governor is entitled to reimbursement from funds appropriated to | ||
| the committee. | ||
| Sec. 327.003. STAFF. The committee shall employ persons | ||
| necessary to carry out this chapter through funds made available by | ||
| the legislature. | ||
| Sec. 327.004. COMMITTEE DUTIES. Before December 1, 2018, | ||
| the committee shall consider whether a public need exists for the | ||
| continuation of the Sunset Advisory Commission. In making the | ||
| determination, the committee shall consider: | ||
| (1) the efficiency and effectiveness with which the | ||
| commission operates, including the cost of maintaining the | ||
| commission and its staff as well as any savings realized by the work | ||
| of the commission; | ||
| (2) the mission and goals intended for the commission | ||
| and the problem or need that the commission was intended to address; | ||
| (3) the extent to which the commission's mission and | ||
| goals have been achieved and the problem or need has been addressed; | ||
| (4) the commission's activities that are authorized by | ||
| statute and any other commission activity and authority for those | ||
| activities and the extent to which those activities are needed; | ||
| (5) whether less restrictive or alternative methods of | ||
| performing any function that the commission performs could | ||
| adequately protect or provide service to the public; and | ||
| (6) an assessment of the commission's rulemaking | ||
| processes, including the extent to which the commission has | ||
| encouraged participation by the public in making its decisions and | ||
| the extent to which public participation has resulted in rules that | ||
| benefit the public. | ||
| Sec. 327.005. REPORT TO LEGISLATURE. (a) Not later than | ||
| December 1, 2018, the committee shall report its findings to the | ||
| legislature. | ||
| (b) In its report to the legislature, the committee shall | ||
| make recommendations: | ||
| (1) on the abolishment, continuation, or | ||
| reorganization of the Sunset Advisory Commission and on the need | ||
| for the performance of the functions of the commission; and | ||
| (2) to improve the operations of the Sunset Advisory | ||
| Commission and its governing body, including management | ||
| recommendations that do not require a change in the commission's | ||
| enabling statute. | ||
| (c) The committee shall include the estimated fiscal impact | ||
| of its recommendations and may recommend appropriation levels for | ||
| the Sunset Advisory Commission. | ||
| Sec. 327.006. SUBPOENA POWER. (a) The committee may issue | ||
| process to compel the attendance of witnesses and the production of | ||
| books, records, papers, and other objects necessary or proper for | ||
| the purposes of the committee proceedings. The process may be | ||
| served on a witness at any place in this state. | ||
| (b) If a majority of the committee directs the issuance of a | ||
| subpoena, a joint chair shall issue the subpoena in the name of the | ||
| committee. | ||
| (c) If both joint chairs are absent, a designee of one of the | ||
| joint chairs may issue a subpoena or other process in the same | ||
| manner as the joint chair. | ||
| (d) If necessary to obtain compliance with a subpoena or | ||
| other process, the committee may issue attachments. The | ||
| attachments may be addressed to and served by any peace officer in | ||
| this state. | ||
| (e) Testimony taken under subpoena must be reduced to | ||
| writing and given under oath subject to the penalties of perjury. | ||
| (f) A witness who attends a committee proceeding under | ||
| process is entitled to the same mileage and per diem as a witness | ||
| who appears before a grand jury in this state. | ||
| Sec. 327.007. ASSISTANCE OF AND ACCESS TO STATE AGENCIES. | ||
| (a) The committee may request the assistance of state agencies and | ||
| officers. When assistance is requested, a state agency or officer | ||
| shall assist the committee. | ||
| (b) In carrying out its functions under this chapter, the | ||
| committee or its designated staff member may inspect the records, | ||
| documents, and files of any state agency. | ||
| Sec. 327.008. RECORDS PROTECTED FROM DISCLOSURE. (a) A | ||
| working paper, including all documentary or other information, | ||
| prepared or maintained by the committee staff in performing its | ||
| duties under this chapter or other law to conduct an evaluation and | ||
| prepare a report is excepted from the public disclosure | ||
| requirements of Section 552.021. | ||
| (b) A record held by another entity that is considered to be | ||
| confidential by law and that the committee receives in connection | ||
| with the performance of the committee's functions under this | ||
| chapter or another law remains confidential and is excepted from | ||
| the public disclosure requirements of Section 552.021. | ||
| Sec. 327.009. EXPIRATION. This chapter expires January 1, | ||
| 2019. | ||
| SECTION 2. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect December 1, 2017. | ||
