Bill Text: TX HB3302 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the sunset review process and certain governmental entities subject to that process.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-08 - Placed on General State Calendar [HB3302 Detail]
Download: Texas-2017-HB3302-Comm_Sub.html
85R20102 MCK-D | |||
By: Gonzales of Williamson | H.B. No. 3302 | ||
Substitute the following for H.B. No. 3302: | |||
By: Cook | C.S.H.B. No. 3302 |
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relating to the sunset review process and certain governmental | ||
entities subject to that process. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. ENTITIES GIVEN 2019 SUNSET DATE | ||
SECTION 1.01. BANDERA COUNTY RIVER AUTHORITY AND | ||
GROUNDWATER DISTRICT. Section 1A(a), Chapter 629, Acts of the 62nd | ||
Legislature, Regular Session, 1971, is amended to read as follows: | ||
(a) The district is subject to review under Chapter 325, | ||
Government Code (Texas Sunset Act), but may not be abolished under | ||
that chapter. The review shall be conducted under Section 325.025, | ||
Government Code, as if the district were a state agency scheduled to | ||
be abolished September 1, 2019 [ |
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that year. | ||
SECTION 1.02. LAVACA-NAVIDAD RIVER AUTHORITY. Section | ||
1A(a), Chapter 186, Acts of the 50th Legislature, Regular Session, | ||
1947, is amended to read as follows: | ||
(a) The District is subject to review under Chapter 325, | ||
Government Code (Texas Sunset Act), but may not be abolished under | ||
that chapter. The review shall be conducted under Section 325.025, | ||
Government Code, as if the District were a state agency scheduled to | ||
be abolished September 1, 2019 [ |
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that year. | ||
SECTION 1.03. UPPER GUADALUPE RIVER AUTHORITY. Section | ||
1A(a), Chapter 5, page 1062, Special Laws, Acts of the 46th | ||
Legislature, Regular Session, 1939, is amended to read as follows: | ||
(a) The District is subject to review under Chapter 325, | ||
Government Code (Texas Sunset Act), but may not be abolished under | ||
that chapter. The review shall be conducted under Section 325.025, | ||
Government Code, as if the District were a state agency scheduled to | ||
be abolished September 1, 2019 [ |
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that year. | ||
ARTICLE 2. ENTITIES GIVEN 2021 SUNSET DATE | ||
SECTION 2.01. TEXAS COMMISSION OF LICENSING AND REGULATION | ||
AND TEXAS DEPARTMENT OF LICENSING AND REGULATION. Section 51.002, | ||
Occupations Code, is amended to read as follows: | ||
Sec. 51.002. APPLICATION OF SUNSET ACT. The Texas | ||
Commission of Licensing and Regulation and the Texas Department of | ||
Licensing and Regulation are subject to Chapter 325, Government | ||
Code (Texas Sunset Act). Unless continued in existence as provided | ||
by that chapter, the commission and the department are abolished | ||
September 1, 2021 [ |
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SECTION 2.02. TEXAS STATE BOARD OF PLUMBING EXAMINERS. | ||
Section 1301.003, Occupations Code, is amended to read as follows: | ||
Sec. 1301.003. APPLICATION OF SUNSET ACT. The Texas State | ||
Board of Plumbing Examiners is subject to Chapter 325, Government | ||
Code (Texas Sunset Act). Unless continued in existence as provided | ||
by that chapter, the board is abolished and this chapter expires | ||
September 1, 2021 [ |
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SECTION 2.03. NUECES RIVER AUTHORITY. Section 1.02A(a), | ||
Chapter 427, Acts of the 44th Legislature, 1st Called Session, | ||
1935, is amended to read as follows: | ||
(a) The authority is subject to review under Chapter 325, | ||
Government Code (Texas Sunset Act), but may not be abolished under | ||
that chapter. The review shall be conducted under Section 325.025, | ||
Government Code, as if the authority were a state agency scheduled | ||
to be abolished September 1, 2021 [ |
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that year. | ||
SECTION 2.04. SAN ANTONIO RIVER AUTHORITY. Section 1-a(a), | ||
Chapter 276, Acts of the 45th Legislature, Regular Session, 1937, | ||
is amended to read as follows: | ||
(a) The District is subject to review under Chapter 325, | ||
Government Code (Texas Sunset Act), but may not be abolished under | ||
that chapter. The review shall be conducted under Section 325.025, | ||
Government Code, as if the District were a state agency scheduled to | ||
be abolished September 1, 2021 [ |
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that year. | ||
SECTION 2.05. TRINITY RIVER AUTHORITY OF TEXAS. Section | ||
1A(a), Chapter 518, Acts of the 54th Legislature, Regular Session, | ||
1955, is amended to read as follows: | ||
(a) The Authority is subject to review under Chapter 325, | ||
Government Code (Texas Sunset Act), but may not be abolished under | ||
that chapter. The review shall be conducted under Section 325.025, | ||
Government Code, as if the Authority were a state agency scheduled | ||
to be abolished September 1, 2021 [ |
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that year. | ||
ARTICLE 3. ENTITIES GIVEN 2023 SUNSET DATE | ||
SECTION 3.01. LOWER NECHES VALLEY AUTHORITY. Section | ||
8504.0021(a), Special District Local Laws Code, is amended to read | ||
as follows: | ||
(a) The authority is subject to review under Chapter 325, | ||
Government Code (Texas Sunset Act), but may not be abolished under | ||
that chapter. The review shall be conducted under Section 325.025, | ||
Government Code, as if the authority were a state agency scheduled | ||
to be abolished September 1, 2023 [ |
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that year. | ||
SECTION 3.02. RED RIVER AUTHORITY OF TEXAS. Section 1A(a), | ||
Chapter 279, Acts of the 56th Legislature, Regular Session, 1959, | ||
is amended to read as follows: | ||
(a) The Authority is subject to review under Chapter 325, | ||
Government Code (Texas Sunset Act), but may not be abolished under | ||
that chapter. The review shall be conducted under Section 325.025, | ||
Government Code, as if the Authority were a state agency scheduled | ||
to be abolished September 1, 2023 [ |
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that year. | ||
SECTION 3.03. SABINE RIVER AUTHORITY OF TEXAS. Section | ||
2A(a), Chapter 110, Acts of the 51st Legislature, Regular Session, | ||
1949, is amended to read as follows: | ||
(a) The district is subject to review under Chapter 325, | ||
Government Code (Texas Sunset Act), but may not be abolished under | ||
that chapter. The review shall be conducted under Section 325.025, | ||
Government Code, as if the district were a state agency scheduled to | ||
be abolished September 1, 2023 [ |
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that year. | ||
ARTICLE 4. ENTITIES GIVEN 2025 SUNSET DATE | ||
SECTION 4.01. OFFICE OF STATE-FEDERAL RELATIONS. Section | ||
751.003, Government Code, is amended to read as follows: | ||
Sec. 751.003. SUNSET PROVISION. The Office of | ||
State-Federal Relations is subject to Chapter 325 (Texas Sunset | ||
Act). Unless continued in existence as provided by that chapter, | ||
the office is abolished and this chapter expires September 1, 2025 | ||
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SECTION 4.02. TEACHER RETIREMENT SYSTEM OF TEXAS. Section | ||
825.006, Government Code, is amended to read as follows: | ||
Sec. 825.006. SUNSET PROVISION. The board of trustees of | ||
the Teacher Retirement System of Texas is subject to review under | ||
Chapter 325 (Texas Sunset Act), but is not abolished under that | ||
chapter. The board shall be reviewed during the period in which | ||
state agencies abolished in 2025 [ |
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that year, are reviewed. | ||
SECTION 4.03. TEXAS FACILITIES COMMISSION. Section | ||
2152.002, Government Code, is amended to read as follows: | ||
Sec. 2152.002. SUNSET PROVISION. The Texas Facilities | ||
Commission is subject to Chapter 325 (Texas Sunset Act). Unless | ||
continued in existence as provided by that chapter, the commission | ||
is abolished and this subtitle, except for Chapter 2170 and Section | ||
2157.121, expires September 1, 2025 [ |
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SECTION 4.04. TEXAS REAL ESTATE COMMISSION. Section | ||
1101.006, Occupations Code, is amended to read as follows: | ||
Sec. 1101.006. APPLICATION OF SUNSET ACT. The Texas Real | ||
Estate Commission is subject to Chapter 325, Government Code (Texas | ||
Sunset Act). Unless continued in existence as provided by that | ||
chapter, the commission is abolished and this chapter, Chapter | ||
1102, and Chapter 1303 of this code and Chapter 221, Property Code, | ||
expire September 1, 2025 [ |
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SECTION 4.05. TEXAS APPRAISER LICENSING AND CERTIFICATION | ||
BOARD. Section 1103.006, Occupations Code, is amended to read as | ||
follows: | ||
Sec. 1103.006. APPLICATION OF SUNSET ACT. The Texas | ||
Appraiser Licensing and Certification Board is subject to Chapter | ||
325, Government Code (Texas Sunset Act). Unless continued in | ||
existence as provided by that chapter, the board is abolished and | ||
this chapter and Chapter 1104 expire September 1, 2025 [ |
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ARTICLE 5. ENTITIES REMOVED FROM SPECIFIC SUNSET REVIEW | ||
SECTION 5.01. REGIONAL EDUCATION SERVICE CENTERS. Section | ||
8.010, Education Code, is repealed. | ||
SECTION 5.02. MATERNAL MORTALITY AND MORBIDITY TASK FORCE. | ||
Section 34.018, Health and Safety Code, is repealed. | ||
SECTION 5.03. PALLIATIVE CARE INTERDISCIPLINARY ADVISORY | ||
COUNCIL. Section 118.003, Health and Safety Code, is repealed. | ||
SECTION 5.04. PERINATAL ADVISORY COUNCIL. Section | ||
241.187(l), Health and Safety Code, is repealed. | ||
SECTION 5.05. TEXAS WINDSTORM INSURANCE ASSOCIATION. | ||
Section 2210.002, Insurance Code, is amended to read as follows: | ||
Sec. 2210.002. SHORT TITLE[ |
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This chapter may be cited as the Texas Windstorm Insurance | ||
Association Act. | ||
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ARTICLE 6. SUNSET REVIEW PROCESS | ||
SECTION 6.01. DEFINITIONS. Section 325.002(1), Government | ||
Code, is amended to read as follows: | ||
(1) "State agency" means an entity [ |
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made subject to this chapter. | ||
SECTION 6.02. SUNSET ADVISORY COMMISSION. Section | ||
325.003(a), Government Code, is amended to read as follows: | ||
(a) The Sunset Advisory Commission is a legislative agency | ||
that consists of five members of the senate and one public member | ||
appointed by the lieutenant governor and five members of the house | ||
of representatives and one public member appointed by the speaker | ||
of the house. The lieutenant governor and the speaker of the house | ||
may serve as one of the legislative appointees. | ||
SECTION 6.03. COMMISSION DUTIES. Section 325.008(a), | ||
Government Code, is amended to read as follows: | ||
(a) Before January 1 of the year in which a state agency | ||
subject to this chapter and its advisory committees are abolished, | ||
the commission shall: | ||
(1) review and take action necessary to verify the | ||
reports submitted by the agency under Section 325.007; | ||
(2) consult the Legislative Budget Board, the | ||
Governor's Budget, Policy, and Planning Division, the State | ||
Auditor, and the comptroller of public accounts, or their | ||
successors, on the application to the agency of the criteria | ||
provided in Section 325.011; | ||
(3) conduct a review of the agency based on the | ||
criteria provided in Section 325.011 and prepare a written report; | ||
and | ||
(4) review the implementation of commission | ||
recommendations contained in the reports presented to the | ||
legislature during the preceding legislative session and the | ||
resulting legislation and prepare a written report. | ||
SECTION 6.04. RECOMMENDATIONS. Section 325.012(c), | ||
Government Code, is amended to read as follows: | ||
(c) The commission shall have drafts of legislation | ||
prepared to carry out the commission's recommendations under this | ||
section. The commission staff shall provide legislative services | ||
to support the passage of legislation prepared under this section. | ||
SECTION 6.05. RECORDS PROTECTED FROM DISCLOSURE. Section | ||
325.0195, Government Code, is amended by amending Subsection (a) | ||
and adding Subsection (a-1) to read as follows: | ||
(a) A working paper, including all documentary or other | ||
information, prepared or maintained by the commission staff in | ||
performing its duties under this chapter or other law to conduct an | ||
evaluation, [ |
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legislative services is privileged and confidential and not subject | ||
to discovery or subpoena, and is excepted from the public | ||
disclosure requirements of Section 552.021. | ||
(a-1) Any record or communication that is held by a state | ||
agency being reviewed under this chapter that is either prepared | ||
for the commission by the state agency or provided to the state | ||
agency by the commission is confidential and excepted from the | ||
public disclosure requirements of Section 552.021. If information | ||
or data within a record or communication made confidential under | ||
this subsection is also maintained in another record, that other | ||
record is not made confidential or excepted from public disclosure | ||
by this subsection. | ||
SECTION 6.06. REPEALER. Sections 325.020 and 325.0123(a), | ||
Government Code, are repealed. | ||
ARTICLE 7. EFFECTIVE DATE | ||
SECTION 7.01. EFFECTIVE DATE. 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 September 1, 2017. |