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.