Bill Text: TX SB1618 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to reporting requirements of state agencies and school districts.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB1618 Detail]

Download: Texas-2011-SB1618-Introduced.html

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2011S0600-1 03/07/11
By: Seliger S.B. No. 1618

A BILL TO BE ENTITLED
AN ACT
relating to electronic reporting by certain state entities and to
the review of continual report requirements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 7.060, Education Code, is amended by
adding Subsection (c) to read as follows:
(c) Notwithstanding other law, a school district shall
submit reports to the agency under this code in electronic format
only, except that the agency may require that a school district
provide a printed copy of a report to the agency. The agency shall
prescribe the electronic format to be used by the school district.
SECTION 2. Section 325.007, Government Code, is amended to
read as follows:
Sec. 325.007. AGENCY REPORT TO COMMISSION. (a) Before
September 1 of the odd-numbered year before the year in which a
state agency subject to this chapter is abolished, the agency shall
report to the commission:
(1) information regarding the application to the
agency of the criteria in Section 325.011; and
(2) any other information that the agency considers
appropriate or that is requested by the commission.
(b) A state agency shall submit reports under this chapter
to the commission in an electronic format only, except that the
commission may require that a state agency provide a printed copy of
a report to the commission. The commission shall prescribe the
electronic format to be used by the state agency.
SECTION 3. Subsection (b), Section 325.010, Government
Code, is amended to read as follows:
(b) In the report the commission shall include:
(1) its findings regarding the criteria prescribed by
Section 325.011(a) [325.011];
(2) its findings regarding legislative reporting
requirements imposed on the agency prescribed by Section
325.011(b);
(3) its recommendations based on the matters
prescribed by Section 325.012; and
(4) [(3)] other information the commission considers
necessary for a complete review of the agency.
SECTION 4. Section 325.011, Government Code, is amended to
read as follows:
Sec. 325.011. CRITERIA FOR REVIEW. (a) The commission and
its staff shall consider the following criteria in determining
whether a public need exists for the continuation of a state agency
or its advisory committees or for the performance of the functions
of the agency or its advisory committees:
(1) the efficiency and effectiveness with which the
agency or the advisory committee operates;
(2)(A) an identification of the mission, goals, and
objectives intended for the agency or advisory committee and of the
problem or need that the agency or advisory committee was intended
to address; and
(B) the extent to which the mission, goals, and
objectives have been achieved and the problem or need has been
addressed;
(3)(A) an identification of any activities of the
agency in addition to those granted by statute and of the authority
for those activities; and
(B) the extent to which those activities are
needed;
(4) an assessment of authority of the agency relating
to fees, inspections, enforcement, and penalties;
(5) whether less restrictive or alternative methods of
performing any function that the agency performs could adequately
protect or provide service to the public;
(6) the extent to which the jurisdiction of the agency
and the programs administered by the agency overlap or duplicate
those of other agencies, the extent to which the agency coordinates
with those agencies, and the extent to which the programs
administered by the agency can be consolidated with the programs of
other state agencies;
(7) the promptness and effectiveness with which the
agency addresses complaints concerning entities or other persons
affected by the agency, including an assessment of the agency's
administrative hearings process;
(8) an assessment of the agency's rulemaking process
and the extent to which the agency has encouraged participation by
the public in making its rules and decisions and the extent to which
the public participation has resulted in rules that benefit the
public;
(9) the extent to which the agency has complied with:
(A) federal and state laws and applicable rules
regarding equality of employment opportunity and the rights and
privacy of individuals; and
(B) state law and applicable rules of any state
agency regarding purchasing guidelines and programs for
historically underutilized businesses;
(10) the extent to which the agency issues and
enforces rules relating to potential conflicts of interest of its
employees;
(11) the extent to which the agency complies with
Chapters 551 and 552 and follows records management practices that
enable the agency to respond efficiently to requests for public
information; and
(12) the effect of federal intervention or loss of
federal funds if the agency is abolished.
(b) The commission and its staff shall review all reporting
requirements imposed on the state agency by law to determine
whether the purpose and effectiveness of each reporting requirement
justifies the continuation of the requirement. A reporting
requirement that is not continued in existence by specific
recommendation in a report under Section 325.012 is void.
SECTION 5. Subsection (a), Section 325.012, Government
Code, is amended to read as follows:
(a) In its report on a state agency, the commission shall:
(1) make recommendations on the abolition,
continuation, or reorganization of each affected state agency and
its advisory committees and on the need for the performance of the
functions of the agency and its advisory committees;
(2) make recommendations on the consolidation,
transfer, or reorganization of programs within state agencies not
under review when the programs duplicate functions performed in
agencies under review; [and]
(3) make recommendations to improve the operations of
the agency, its policy body, and its advisory committees, including
management recommendations that do not require a change in the
agency's enabling statute; and
(4) make recommendations for the continuation or
abolition of each reporting requirement imposed on the agency by
law.
SECTION 6. Chapter 2052, Government Code, is amended by
adding Subchapter E to read as follows:
SUBCHAPTER E. DISTRIBUTION OF REPORTS
Sec. 2052.351. DEFINITION. In this subchapter, "state
agency" has the meaning assigned by Section 2052.002.
Sec. 2052.352. DISTRIBUTION OF REPORTS. (a) A state
agency report required by law must be made available in accordance
with this subchapter.
(b) Notwithstanding other law and except as provided by this
section, a state agency shall make each agency report required by
law available in electronic format only. The agency shall
determine the electronic format to be used by the agency. The
agency may, at the discretion of the agency's presiding officer,
provide a printed copy of a report to a person required by law to
receive the report.
(c) At the time a report required by law is ready for
distribution outside the state agency, the agency shall send
written notice to a person required to receive the report that the
report is available. The agency shall send the notice by mail or
electronically. The notice must briefly describe the subject
matter of the report and state the manner in which the person may
obtain the report electronically.
Sec. 2052.353. REPORTS TO LEGISLATORS AND SUNSET ADVISORY
COMMISSION. This subchapter does not affect the duty of a state
agency or other person to report to members of the legislature in
the manner provided under Section 306.007 or 2052.0021 or to report
to the Sunset Advisory Commission in the manner provided under
Section 325.007. If any provision of this subchapter conflicts
with Section 306.007, 325.007, or 2052.0021, that section controls.
SECTION 7. (a) The changes in law made by Subsection (c),
Section 7.060, Education Code, and Subsection (b), Section 325.007,
and Subchapter E, Chapter 2052, Government Code, as added by this
Act, apply only to the filing of a report on or after the effective
date of this Act. The filing of a report before the effective date
of this Act is governed by the law in effect immediately before that
date, and that law is continued in effect for that purpose.
(b) The changes in law made by Subsection (b), Section
325.010, and Subsection (a), Section 325.012, Government Code, as
amended by this Act, and Subsection (b), Section 325.011,
Government Code, as added by this Act, apply only to Sunset Advisory
Commission reports and recommendations issued on or after the
effective date of this Act. Reports and recommendations issued
before the effective date of this Act are governed by the law in
effect immediately before that date, and that law is continued in
effect for that purpose.
SECTION 8. This Act takes effect September 1, 2011.