By: Seliger	S.B. No. 1618
	(In the Senate - Filed March 11, 2011; March 23, 2011, read
	first time and referred to Committee on Government Organization;
	April 13, 2011, reported adversely, with favorable Committee
	Substitute by the following vote:  Yeas 5, Nays 0; April 13, 2011,
	sent to printer.)
	COMMITTEE SUBSTITUTE FOR S.B. No. 1618	By:  Hegar

	A BILL TO BE ENTITLED
	AN ACT
	relating to reporting requirements of state agencies and school
	districts.
	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 any other law, a school district shall
	submit only in electronic format all reports required to be
	submitted to the agency under this code.  The agency shall prescribe
	the electronic format to be used by a school district submitting a
	report to the agency.
	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)  The reports under Subsection (a) must be submitted in
	electronic format only.  The commission shall prescribe the
	electronic format to be used.
	SECTION 3.  Section 325.011, Government Code, is amended to
	read as follows:
	Sec. 325.011.  CRITERIA FOR REVIEW. 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; and
	(13)  the extent to which the purpose and effectiveness
	of reporting requirements imposed on the agency justifies the
	continuation of the requirement.
	SECTION 4.  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 on the continuation or
	abolition of each reporting requirement imposed on the agency by
	law.
	SECTION 5.  Subsections (c) and (d), Section 2052.0021,
	Government Code, are amended to read as follows:
	(c)  A state agency shall make each report required by law
	available to members of the legislature only in an electronic
	format determined by the Texas Legislative Council. [The agency
	shall promptly send a suitable printed copy of the report to a
	member of the legislature at the request of the member.]
	(d)  At the time a report required by law is ready for
	distribution outside the state agency, the agency shall send
	[written] notice to each member of the legislature that the report
	is available. The agency shall send the notice [by mail or, if it is
	acceptable to the member,] electronically. The notice must briefly
	describe the subject matter of the report and state[:
	[(1)]  the manner in which the member may obtain the
	report electronically[; and
	[(2)     that the agency will send a printed copy of the
	report to the member at the request of the member].
	SECTION 6.  Subsection (e), Section 2052.0021, Government
	Code, is repealed.
	SECTION 7.  This Act takes effect September 1, 2011.
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