Bill Text: TX HB1680 | 2019-2020 | 86th Legislature | Introduced
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) 2019-03-13 - Left pending in committee [HB1680 Detail]
Download: Texas-2019-HB1680-Introduced.html
86R11512 MCK-D | ||
By: Paddie | H.B. No. 1680 |
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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 2021 SUNSET DATE | ||
SECTION 1.01. TEXAS A&M FOREST SERVICE. Section 88.1016, | ||
Education Code, is amended to read as follows: | ||
Sec. 88.1016. SUNSET PROVISION. The Texas A&M Forest | ||
Service is subject to Chapter 325, Government Code (Texas Sunset | ||
Act). Unless continued in existence as provided by that chapter, | ||
the Texas A&M Forest Service is abolished September 1, 2021 [ |
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SECTION 1.02. 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 2021 [ |
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that year, are reviewed. | ||
SECTION 1.03. CANCER PREVENTION AND RESEARCH INSTITUTE OF | ||
TEXAS. Section 102.003, Health and Safety Code, is amended to read | ||
as follows: | ||
Sec. 102.003. SUNSET PROVISION. The Cancer Prevention and | ||
Research Institute of Texas is subject to Chapter 325, Government | ||
Code (Texas Sunset Act). Unless continued in existence as provided | ||
by that chapter, the institute is abolished and this chapter | ||
expires September 1, 2021 [ |
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SECTION 1.04. TEXAS RACING COMMISSION. Section | ||
2021.008(a), Occupations Code, as effective April 1, 2019, is | ||
amended to read as follows: | ||
(a) The commission is subject to Chapter 325, Government | ||
Code (Texas Sunset Act). Unless continued in existence as provided | ||
by that chapter, and except as provided by Subsections (b) and (c), | ||
the commission is abolished and this subtitle expires September 1, | ||
2021 [ |
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ARTICLE 2. ENTITIES GIVEN 2023 SUNSET DATE | ||
SECTION 2.01. LIMITED REVIEW OF THE DEPARTMENT OF FAMILY | ||
AND PROTECTIVE SERVICES. Section 531.0206(a), Government Code, is | ||
amended to read as follows: | ||
(a) The Sunset Advisory Commission shall conduct a | ||
limited-scope review of the commission during the state fiscal | ||
biennium ending August 31, 2023, in the manner provided by Chapter | ||
325 (Texas Sunset Act). The review must provide: | ||
(1) an update on the commission's progress with | ||
respect to the consolidation of the health and human services | ||
system mandated by this subchapter, including the commission's | ||
compliance with the transition plan required under Section | ||
531.0204; | ||
(2) an evaluation and recommendations regarding the | ||
need to continue the Department of State Health Services as a state | ||
agency separate from the commission; | ||
(3) an evaluation and recommendations regarding the | ||
need to continue the Department of Family and Protective Services | ||
as a state agency separate from the commission; and | ||
(4) [ |
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Advisory Commission determines appropriate, including information | ||
regarding any additional organizational changes the Sunset | ||
Advisory Commission recommends. | ||
SECTION 2.02. OFFICE OF INSPECTOR GENERAL, HEALTH AND HUMAN | ||
SERVICES COMMISSION. (a) Section 531.102, Government Code, is | ||
amended by adding Subsection (y) to read as follows: | ||
(y) The Sunset Advisory Commission shall conduct a | ||
special-purpose review of the overall performance of the | ||
commission's office of inspector general. In conducting the | ||
review, the Sunset Advisory Commission shall particularly focus on | ||
the office's investigations and the effectiveness and efficiency of | ||
the office's processes. The review shall be conducted during the | ||
period in which state agencies abolished in 2023 are reviewed. The | ||
office is not abolished solely because the office is not explicitly | ||
continued following the review required by this subsection. This | ||
subsection expires September 1, 2023. | ||
(b) Section 14, Chapter 945 (S.B. 207), Acts of the 84th | ||
Legislature, Regular Session, 2015, is repealed. | ||
SECTION 2.03. TEXAS INVASIVE SPECIES COORDINATING | ||
COMMITTEE. Section 776.007(a), Government Code, is amended to read | ||
as follows: | ||
(a) The committee is subject to Chapter 325 (Texas Sunset | ||
Act). Unless continued in existence as provided by that chapter, | ||
the committee is abolished and this chapter expires September 1, | ||
2023 [ |
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SECTION 2.04. TEXAS JUVENILE JUSTICE BOARD AND TEXAS | ||
JUVENILE JUSTICE DEPARTMENT. Section 202.010, Human Resources | ||
Code, is amended to read as follows: | ||
Sec. 202.010. SUNSET PROVISION. The Texas Juvenile Justice | ||
Board and the Texas Juvenile Justice Department are subject to | ||
Chapter 325, Government Code (Texas Sunset Act). Unless continued | ||
in existence as provided by that chapter, the board and the | ||
department are abolished September 1, 2023 [ |
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SECTION 2.05. DIVISION OF WORKERS' COMPENSATION, TEXAS | ||
DEPARTMENT OF INSURANCE. Section 31.004(b), Insurance Code, is | ||
amended to read as follows: | ||
(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, 2023 [ |
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legislature. | ||
SECTION 2.06. 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, 2023 [ |
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SECTION 2.07. 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, 2023 [ |
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that year. | ||
ARTICLE 3. ENTITIES GIVEN 2025 SUNSET DATE | ||
SECTION 3.01. 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 2025, [ |
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year, [ |
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SECTION 3.02. 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 | ||
2025, [ |
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reviewed. | ||
SECTION 3.03. TEXAS BOARD OF CRIMINAL JUSTICE AND TEXAS | ||
DEPARTMENT OF CRIMINAL JUSTICE. Section 492.012, Government Code, | ||
is amended to read as follows: | ||
Sec. 492.012. SUNSET PROVISION. The Texas Board of | ||
Criminal Justice and the Texas Department of Criminal Justice are | ||
subject to Chapter 325 (Texas Sunset Act). Unless continued in | ||
existence as provided by that chapter, the board and the department | ||
are abolished September 1, 2025 [ |
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SECTION 3.04. DEPARTMENT OF INFORMATION RESOURCES. Section | ||
2054.005(a), Government Code, is amended to read as follows: | ||
(a) The Department of Information Resources 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, 2025 [ |
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SECTION 3.05. ANGELINA AND NECHES RIVER AUTHORITY. Section | ||
8501.0015(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, 2025 [ |
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that year. | ||
SECTION 3.06. 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, 2025 [ |
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that year. | ||
SECTION 3.07. PUBLIC UTILITY COMMISSION OF TEXAS. Section | ||
12.005, Utilities Code, is amended to read as follows: | ||
Sec. 12.005. APPLICATION OF SUNSET ACT. The Public Utility | ||
Commission of Texas is subject to Chapter 325, Government Code | ||
(Texas Sunset Act). Unless continued in existence as provided by | ||
that chapter or by Chapter 39, the commission is abolished and this | ||
title expires September 1, 2025 [ |
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SECTION 3.08. OFFICE OF PUBLIC UTILITY COUNSEL. Section | ||
13.002, Utilities Code, is amended to read as follows: | ||
Sec. 13.002. APPLICATION OF SUNSET ACT. The Office of | ||
Public Utility 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, 2025 [ |
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SECTION 3.09. 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, 2025 [ |
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that year. | ||
ARTICLE 4. ENTITIES GIVEN 2027 SUNSET DATE | ||
SECTION 4.01. TEXAS EDUCATION AGENCY. Section 7.004, | ||
Education Code, is amended to read as follows: | ||
Sec. 7.004. SUNSET PROVISION. 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, 2027 [ |
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SECTION 4.02. 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, 2027 [ |
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SECTION 4.03. TEXAS CIVIL COMMITMENT OFFICE. Section | ||
420A.004, Government Code, is amended to read as follows: | ||
Sec. 420A.004. SUNSET PROVISION. The Texas Civil | ||
Commitment Office 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, 2027 | ||
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SECTION 4.04. 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, 2027 [ |
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SECTION 4.05. MATERNAL MORTALITY AND MORBIDITY TASK FORCE. | ||
Section 34.018, Health and Safety Code, is amended to read as | ||
follows: | ||
Sec. 34.018. SUNSET PROVISION. The task force is subject to | ||
Chapter 325, Government Code (Texas Sunset Act). Unless continued | ||
in existence as provided by that chapter, the task force is | ||
abolished and this chapter expires September 1, 2027 [ |
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SECTION 4.06. PUBLIC HEALTH FUNDING AND POLICY COMMITTEE. | ||
Section 117.002, Health and Safety Code, is amended to read as | ||
follows: | ||
Sec. 117.002. APPLICATION OF SUNSET ACT. The Public Health | ||
Funding and Policy Committee is subject to Chapter 325, Government | ||
Code (Texas Sunset Act). Unless continued in existence as provided | ||
by that chapter, the committee is abolished and this chapter | ||
expires September 1, 2027 [ |
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SECTION 4.07. PERINATAL ADVISORY COUNCIL. Section | ||
241.187(l), Health and Safety Code, is amended to read as follows: | ||
(l) The 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 section expires September 1, 2027 [ |
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SECTION 4.08. DEPARTMENT OF STATE HEALTH SERVICES. Section | ||
1001.003, Health and Safety Code, is amended to read as follows: | ||
Sec. 1001.003. SUNSET PROVISION. The Department of State | ||
Health Services is subject to Chapter 325, Government Code (Texas | ||
Sunset Act). Unless continued in existence as provided by that | ||
chapter, the department is abolished and this chapter expires | ||
September 1, 2027 [ |
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SECTION 4.09. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. | ||
Section 40.003, Human Resources Code, is amended to read as | ||
follows: | ||
Sec. 40.003. SUNSET PROVISION. The Department of Family | ||
and Protective Services is subject to Chapter 325, Government Code | ||
(Texas Sunset Act). Unless continued in existence as provided by | ||
that chapter, the department is abolished and this chapter expires | ||
September 1, 2027 [ |
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SECTION 4.10. STATE USE PROGRAM, TEXAS WORKFORCE | ||
COMMISSION. Section 122.0012(b), Human Resources Code, is amended | ||
to read as follows: | ||
(b) The Texas Workforce Commission's authority to | ||
administer and oversee the program administered under this chapter | ||
is subject to Chapter 325, Government Code (Texas Sunset Act). | ||
Notwithstanding any other law, that authority expires September 1, | ||
2027 [ |
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325, Government Code. | ||
SECTION 4.11. 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, 2027 [ |
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that year. | ||
ARTICLE 5. ENTITY GIVEN 2029 SUNSET DATE | ||
SECTION 5.01. TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM. | ||
Section 865.0011, Government Code, is amended to read as follows: | ||
Sec. 865.0011. SUNSET REVIEW. The state board of the | ||
pension system is subject to review under Chapter 325 (Texas Sunset | ||
Act) but is not abolished under that chapter. The state board shall | ||
be reviewed during the period in which state agencies scheduled to | ||
be abolished in 2029 [ |
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are reviewed. | ||
ARTICLE 6. ENTITIES REMOVED FROM SPECIFIC SUNSET REVIEW | ||
SECTION 6.01. REGIONAL EDUCATION SERVICE CENTERS. The | ||
following laws are repealed: | ||
(1) Section 8.010, Education Code; and | ||
(2) Section 2(b), Chapter 916 (S.B. 1404), Acts of the | ||
85th Legislature, Regular Session, 2017. | ||
SECTION 6.02. EVALUATION OF STATE PROCUREMENT SYSTEM. | ||
Section 2151.0042, Government Code, is repealed. | ||
SECTION 6.03. STATE USE PROGRAM, TEXAS COMPTROLLER OF | ||
PUBLIC ACCOUNTS. Section 122.0012(a), Human Resources Code, is | ||
repealed. | ||
SECTION 6.04. INTERMUNICIPAL COMMUTER RAIL DISTRICTS. | ||
Section 173.005, Transportation Code, is repealed. | ||
ARTICLE 7. SUNSET REVIEW PROCESS | ||
SECTION 7.01. 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 7.02. SUNSET ADVISORY COMMISSION. Section 325.003, | ||
Government Code, is amended by amending Subsection (a) and adding | ||
Subsection (a-1) 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. | ||
(a-1) A public member acts on behalf of the legislature when | ||
participating on the commission in furtherance of the legislature's | ||
duty to provide oversight of executive branch agencies' | ||
implementation of legislative priorities. | ||
SECTION 7.03. RECOMMENDATIONS. Section 325.0126, | ||
Government Code, is amended to read as follows: | ||
Sec. 325.0126. MONITORING OF RECOMMENDATIONS. During each | ||
legislative session, the staff of the commission shall: | ||
(1) monitor legislation affecting agencies that have | ||
undergone sunset review immediately before the legislative | ||
session; | ||
(2) notify [ |
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members of the commission about any amendment to the legislation | ||
prepared under Section 325.012(c) that modifies the commission's | ||
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a state agency; and | ||
(3) provide legislative services to support the | ||
passage of the legislation prepared under Section 325.012(c) [ |
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ARTICLE 8. EFFECTIVE DATE | ||
SECTION 8.01. 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, 2019. |