Bill Text: TX SB1659 | 2023-2024 | 88th Legislature | Enrolled

---

Bill Title: Relating to the sunset review process and certain governmental entities subject to that process.

Spectrum: Moderate Partisan Bill (Republican 5-1)

Status: (Passed) 2023-06-18 - Effective immediately [SB1659 Detail]

Download: Texas-2023-SB1659-Enrolled.html

---

S.B. No. 1659

AN ACT
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 2029 SUNSET DATE
SECTION 1.01. TEXAS EDUCATION AGENCY. Section 7.004(a),
Education Code, is amended to read as follows:
(a) The Texas Education Agency is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the agency is abolished September 1,
2029 [2027].
SECTION 1.02. EXPANDED LEARNING OPPORTUNITIES COUNCIL.
Section 33.254, Education Code, is amended to read as follows:
Sec. 33.254. SUNSET PROVISION. The council is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the council is abolished
and this subchapter expires September 1, 2029 [2027].
SECTION 1.03. TEXAS HIGHER EDUCATION COORDINATING BOARD.
Section 61.0211, Education Code, is amended to read as follows:
Sec. 61.0211. SUNSET PROVISION. The Texas Higher Education
Coordinating 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 expires
September 1, 2029 [2025].
SECTION 1.04. STATE COMMISSION ON JUDICIAL CONDUCT.
Section 33.003, Government Code, is amended to read as follows:
Sec. 33.003. SUNSET PROVISION. The State Commission on
Judicial Conduct is subject to review under Chapter 325 (Texas
Sunset Act), but is not abolished under that chapter. The
commission shall be reviewed during the period in which state
agencies abolished in 2029 [2025], and every 12th year after that
year, are reviewed.
SECTION 1.05. JUDICIAL BRANCH CERTIFICATION COMMISSION.
Section 152.001, Government Code, is amended to read as follows:
Sec. 152.001. SUNSET PROVISION. The Judicial Branch
Certification Commission is subject to Chapter 325 (Texas Sunset
Act), but is not abolished under that chapter. The commission shall
be reviewed during the period in which state agencies abolished in
2029 [2025], and every 12th year after that year, are reviewed.
SECTION 1.06. TEXAS LOTTERY COMMISSION. Section 467.002,
Government Code, is amended to read as follows:
Sec. 467.002. APPLICATION OF SUNSET ACT. The commission is
subject to Chapter 325 (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the commission is abolished
and this chapter, Chapter 466 of this code, and Chapter 2001,
Occupations Code, expire September 1, 2029 [2025].
SECTION 1.07. STATE PENSION REVIEW BOARD. Section 801.107,
Government Code, is amended to read as follows:
Sec. 801.107. SUNSET PROVISION. The State Pension Review
Board is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the board is
abolished and this chapter expires September 1, 2029 [2025].
SECTION 1.08. TEXAS PUBLIC FINANCE AUTHORITY. Section
1232.072, Government Code, is amended to read as follows:
Sec. 1232.072. SUNSET PROVISION. The Texas Public Finance
Authority is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the authority
is abolished and this chapter expires September 1, 2029 [2027].
SECTION 1.09. 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, 2029 [2027].
SECTION 1.10. TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
AFFAIRS. Section 2306.022, Government Code, is amended to read as
follows:
Sec. 2306.022. APPLICATION OF SUNSET ACT. The Texas
Department of Housing and Community Affairs is subject to Chapter
325 (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the department is abolished and this chapter
expires September 1, 2029 [2025].
SECTION 1.11. TEXAS STATE AFFORDABLE HOUSING CORPORATION.
Section 2306.5521, Government Code, is amended to read as follows:
Sec. 2306.5521. SUNSET PROVISION. The Texas State
Affordable Housing Corporation is subject to Chapter 325 (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the corporation is abolished and this subchapter expires
September 1, 2029 [2027].
SECTION 1.12. COMMISSION ON STATE EMERGENCY
COMMUNICATIONS. Section 771.032, Health and Safety Code, is
amended to read as follows:
Sec. 771.032. APPLICATION OF SUNSET ACT. The Commission on
State Emergency Communications 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 expires September 1, 2029 [2027].
SECTION 1.13. TEXAS DEPARTMENT OF INSURANCE; DIVISION OF
WORKERS' COMPENSATION OF TEXAS DEPARTMENT OF INSURANCE. Section
31.004, Insurance Code, is amended to read as follows:
Sec. 31.004. SUNSET PROVISION. (a) The Texas Department of
Insurance is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the department is abolished September 1, 2029 [2025].
(b) Unless continued as provided by Chapter 325, Government
Code, the duties of the division of workers' compensation of the
Texas Department of Insurance under Title 5, Labor Code, expire
September 1, 2029 [2025], or another date designated by the
legislature.
SECTION 1.14. OFFICE OF PUBLIC INSURANCE COUNSEL. Section
501.003, Insurance Code, is amended to read as follows:
Sec. 501.003. SUNSET PROVISION. The office is subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the office is abolished
September 1, 2029 [2025].
SECTION 1.15. OFFICE OF INJURED EMPLOYEE COUNSEL. Section
404.003, Labor Code, is amended to read as follows:
Sec. 404.003. SUNSET PROVISION. The office of injured
employee counsel is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the office is abolished and this chapter expires September
1, 2029 [2025].
ARTICLE 2. ENTITIES GIVEN 2033 SUNSET DATE
SECTION 2.01. PEDIATRIC ACUTE-ONSET NEUROPSYCHIATRIC
SYNDROME ADVISORY COUNCIL. Section 119A.009, Health and Safety
Code, is amended to read as follows:
Sec. 119A.009. SUNSET PROVISION. The Pediatric Acute-Onset
Neuropsychiatric Syndrome Advisory Council is subject to Chapter
325, Government Code (Texas Sunset Act). Unless continued in
existence as provided by that chapter, the advisory council is
abolished and this chapter expires September 1, 2033 [2031].
SECTION 2.02. TEXAS MEDICAL BOARD. Section 151.004,
Occupations Code, is amended to read as follows:
Sec. 151.004. APPLICATION OF SUNSET ACT. The Texas Medical
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 subtitle and Chapters 204, 205, 206,
601, 602, 603, and 604 expire September 1, 2033 [2031].
SECTION 2.03. TEXAS BOARD OF CHIROPRACTIC EXAMINERS.
Section 201.004, Occupations Code, is amended to read as follows:
Sec. 201.004. APPLICATION OF SUNSET ACT. The Texas Board of
Chiropractic 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, 2033 [2029].
SECTION 2.04. STATE BOARD OF DENTAL EXAMINERS. Section
251.005, Occupations Code, is amended to read as follows:
Sec. 251.005. APPLICATION OF SUNSET ACT. The State Board of
Dental Examiners is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the board is abolished September 1, 2033 [2029].
SECTION 2.05. TEXAS BOARD OF NURSING. Section 301.003,
Occupations Code, is amended to read as follows:
Sec. 301.003. APPLICATION OF SUNSET ACT. The Texas Board of
Nursing is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the board is abolished September 1, 2033 [2029].
SECTION 2.06. TEXAS OPTOMETRY BOARD. Section 351.004,
Occupations Code, is amended to read as follows:
Sec. 351.004. SUNSET PROVISION. The Texas Optometry 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 expires September 1, 2033
[2029].
SECTION 2.07. EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND
OCCUPATIONAL THERAPY EXAMINERS. Section 452.002, Occupations
Code, is amended to read as follows:
Sec. 452.002. APPLICATION OF SUNSET ACT. The Executive
Council of Physical Therapy and Occupational Therapy Examiners is
subject to Chapter 325, Government Code (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the executive
council is abolished and the following laws expire September 1,
2033 [2029]:
(1) this chapter;
(2) Chapter 453; and
(3) Chapter 454.
SECTION 2.08. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS.
Section 453.002, Occupations Code, is amended to read as follows:
Sec. 453.002. APPLICATION OF SUNSET ACT. The Texas Board of
Physical Therapy 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, 2033 [2029].
SECTION 2.09. TEXAS BOARD OF OCCUPATIONAL THERAPY
EXAMINERS. Section 454.003, Occupations Code, is amended to read
as follows:
Sec. 454.003. APPLICATION OF SUNSET ACT. The Texas Board of
Occupational Therapy 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, 2033 [2029].
SECTION 2.10. TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL.
Section 507.002, Occupations Code, is amended to read as follows:
Sec. 507.002. APPLICATION OF SUNSET ACT. The Texas
Behavioral Health Executive Council is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the executive council is abolished and
this chapter and Chapters 501, 502, 503, and 505 expire September 1,
2033 [2029].
SECTION 2.11. TEXAS STATE BOARD OF PHARMACY. Section
551.005, Occupations Code, is amended to read as follows:
Sec. 551.005. APPLICATION OF SUNSET ACT. The Texas State
Board of Pharmacy 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 subtitle expires September
1, 2033 [2029].
SECTION 2.12. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY.
Section 901.006, Occupations Code, is amended to read as follows:
Sec. 901.006. APPLICATION OF SUNSET ACT. The Texas State
Board of Public Accountancy 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, 2033 [2031].
SECTION 2.13. TEXAS BOARD OF PROFESSIONAL ENGINEERS AND
LAND SURVEYORS. Section 1001.005, Occupations Code, is amended to
read as follows:
Sec. 1001.005. APPLICATION OF SUNSET ACT. The Texas Board
of Professional Engineers and Land Surveyors 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, 2033 [2025].
SECTION 2.14. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS.
Section 1002.003, Occupations Code, is amended to read as follows:
Sec. 1002.003. APPLICATION OF SUNSET ACT. The Texas Board
of Professional Geoscientists 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, 2033 [2025].
SECTION 2.15. TEXAS BOARD OF ARCHITECTURAL EXAMINERS.
Section 1051.003, Occupations Code, is amended to read as follows:
Sec. 1051.003. APPLICATION OF SUNSET ACT. The Texas Board
of Architectural 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 subtitle expires
September 1, 2033 [2025].
SECTION 2.16. 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 and Chapter
1102 of this code and Chapter 221, Property Code, expire September
1, 2033 [2031].
SECTION 2.17. 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, 2033 [2031].
SECTION 2.18. 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, 2033 [2027].
ARTICLE 3. ENTITIES GIVEN 2035 SUNSET DATE
SECTION 3.01. DEPARTMENT OF AGRICULTURE. Section 11.003,
Agriculture Code, is amended to read as follows:
Sec. 11.003. SUNSET PROVISION. The Department of
Agriculture is subject to Chapter 325, Government Code (Texas
Sunset Act). Unless continued in existence as provided by that
chapter, the department is abolished September 1, 2035 [2033].
SECTION 3.02. BOARD OF DIRECTORS OF THE OFFICIAL COTTON
GROWERS' BOLL WEEVIL ERADICATION FOUNDATION. Section 74.127(a),
Agriculture Code, is amended to read as follows:
(a) The board of directors of the official cotton growers'
boll weevil eradication foundation is subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the board is abolished September 1,
2035 [2033].
SECTION 3.03. TEXAS ANIMAL HEALTH COMMISSION. Section
161.027, Agriculture Code, is amended to read as follows:
Sec. 161.027. SUNSET PROVISION. The Texas Animal Health
Commission is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the commission is abolished September 1, 2035 [2033].
SECTION 3.04. PREPAID HIGHER EDUCATION TUITION BOARD.
Section 54.603, Education Code, is amended to read as follows:
Sec. 54.603. SUNSET PROVISION. The Prepaid Higher
Education Tuition Board is subject to Chapter 325, Government Code
(Texas Sunset Act). Unless continued in existence as provided by
that chapter, the board is abolished September 1, 2035 [2033].
SECTION 3.05. CREDIT UNION DEPARTMENT. Section 15.212,
Finance Code, is amended to read as follows:
Sec. 15.212. SUNSET PROVISION. The Credit Union Department
and the Credit Union Commission are subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the department and commission are
abolished September 1, 2035 [2033].
SECTION 3.06. TEXAS COMMISSION ON FIRE PROTECTION. Section
419.003, Government Code, is amended to read as follows:
Sec. 419.003. SUNSET PROVISION. The Texas Commission on
Fire Protection is subject to Chapter 325 (Texas Sunset Act).
Unless continued in existence as provided by that chapter, the
commission is abolished September 1, 2035 [2033].
SECTION 3.07. COMMISSION ON JAIL STANDARDS. Section
511.003, Government Code, is amended to read as follows:
Sec. 511.003. SUNSET PROVISION. The Commission on Jail
Standards is subject to Chapter 325 (Texas Sunset Act). Unless
continued in existence as provided by that chapter, the commission
is abolished September 1, 2035 [2033].
SECTION 3.08. 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 2035 [2033], and every 12th year after
that year, are reviewed.
SECTION 3.09. PARKS AND WILDLIFE DEPARTMENT. Section
11.0111, Parks and Wildlife Code, is amended to read as follows:
Sec. 11.0111. SUNSET PROVISION. The Parks and Wildlife
Department is subject to Chapter 325, Government Code (Texas Sunset
Act). Unless continued in existence as provided by that chapter,
the department is abolished September 1, 2035 [2033].
SECTION 3.10. BRAZOS RIVER AUTHORITY. Section
8502.0021(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, 2035 [2033], and every 12th year after
that year.
SECTION 3.11. GULF COAST PROTECTION DISTRICT. Section
9502.0105(a), Special District Local Laws Code, 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 authority were a state agency scheduled
to be abolished September 1, 2035 [2033], and every 12th year after
that year.
ARTICLE 4. ENTITIES REMOVED FROM SUNSET REVIEW
SECTION 4.01. BANDERA COUNTY RIVER AUTHORITY AND
GROUNDWATER DISTRICT. Section 1A, Chapter 629, Acts of the 62nd
Legislature, Regular Session, 1971, is repealed.
ARTICLE 5. SPECIAL-PURPOSE REVIEWS
SECTION 5.01. TEXAS REAL ESTATE COMMISSION. (a) The Sunset
Advisory Commission shall conduct a special-purpose review of the
Texas Real Estate Commission for the 89th Legislature. In
conducting the special-purpose review under this subsection:
(1) the Sunset Advisory Commission staff evaluation
and report must be limited to reviewing the disclosures required by
law to be made by a seller of real property in this state and the
forms developed by the Texas Real Estate Commission to provide the
required disclosures; and
(2) the commission's recommendations to the 89th
Legislature may include any recommendation the commission
considers appropriate based on the special-purpose review.
(b) This section expires September 1, 2025.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. 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, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1659 passed the Senate on
April 18, 2023, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 24, 2023, by the
following vote: Yeas 29, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1659 passed the House, with
amendment, on May 17, 2023, by the following vote: Yeas 136,
Nays 8, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor