Bill Text: TX HB1575 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to certain provisions applicable to state agencies subject to review by the Sunset Advisory Commission.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2021-04-14 - Received from the House [HB1575 Detail]
Download: Texas-2021-HB1575-Engrossed.html
By: Cyrier | H.B. No. 1575 |
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relating to certain provisions applicable to state agencies subject | ||
to review by the Sunset Advisory Commission. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 325, Government Code, is amended by | ||
designating Sections 325.001 through 325.025 as Subchapter A and | ||
adding a subchapter heading to read as follows: | ||
SUBCHAPTER A. SUNSET ADVISORY COMMISSION AND SUNSET REVIEW PROCESS | ||
SECTION 2. Chapter 325, Government Code, is amended by | ||
adding Subchapter B to read as follows: | ||
SUBCHAPTER B. GENERAL PROVISIONS FOR STATE AGENCIES | ||
Sec. 325.051. APPLICABILITY; CONFLICTS. (a) Except as | ||
provided by Subsection (b), this subchapter applies to a state | ||
agency in the executive branch of state government that is subject | ||
to review by the commission under this chapter. | ||
(b) This subchapter does not apply to: | ||
(1) an advisory committee as defined by Section | ||
2110.001; | ||
(2) a river authority listed in Section 325.025; | ||
(3) an entity subject to a one time review by the | ||
commission; | ||
(4) a division of a state agency that is reviewed | ||
independently of the state agency as a whole; | ||
(5) a state agency that does not have a policymaking | ||
body but is governed by a single elected or appointed officer; | ||
(6) an office of inspector general, ombudsman, or | ||
counsel; or | ||
(7) the following state agencies: | ||
(A) the Cancer Prevention and Research Institute | ||
of Texas; | ||
(B) the Texas Economic Development and Tourism | ||
Office; | ||
(C) the Electric Reliability Council of Texas; | ||
(D) state employee charitable campaign policy | ||
committee; | ||
(E) the Texas Health Services Authority; | ||
(F) the State Preservation Board; | ||
(G) the Office of State-Federal Relations; | ||
(H) the Texas Windstorm Insurance Association; | ||
or | ||
(I) the Texas Low-Level Radioactive Waste | ||
Disposal Compact Commission. | ||
(c) To the extent of any conflict between this subchapter | ||
and any law relating to a state agency subject to review by the | ||
commission under this chapter, this subchapter controls. | ||
Sec. 325.052. PUBLIC MEMBERSHIP ON STATE AGENCY | ||
POLICYMAKING BODY. A person may not be a public member of the | ||
policymaking body of a state agency if the person or the person's | ||
spouse: | ||
(1) is registered, certified, or licensed by a | ||
regulatory agency in a field regulated by the state agency; | ||
(2) is employed by or participates in the management | ||
of a business entity or other organization regulated by or | ||
receiving money from the state agency; | ||
(3) owns or controls, directly or indirectly, more | ||
than a 10 percent interest in a business entity or other | ||
organization regulated by or receiving money from the state agency; | ||
or | ||
(4) uses or receives a substantial amount of tangible | ||
goods, services, or money from the state agency other than | ||
compensation or reimbursement authorized by law for the state | ||
agency's policymaking body membership, attendance, or expenses. | ||
Sec. 325.053. PROVISIONS RELATING TO CONFLICTS OF INTEREST. | ||
(a) In this section, "Texas trade association" means a cooperative | ||
and voluntarily joined statewide association of business or | ||
professional competitors in this state designed to assist its | ||
members and its industry or profession in dealing with mutual | ||
business or professional problems and in promoting their common | ||
interest. | ||
(b) A person may not be a member of the policymaking body of | ||
a state agency and may not be an employee of the state agency | ||
employed in a "bona fide executive, administrative, or professional | ||
capacity," as that phrase is used for purposes of establishing an | ||
exemption to the overtime provisions of the federal Fair Labor | ||
Standards Act of 1938 (29 U.S.C. Section 201 et seq.) if: | ||
(1) the person is an officer, employee, or paid | ||
consultant of a Texas trade association in a field regulated by the | ||
state agency; or | ||
(2) the person's spouse is an officer, manager, or paid | ||
consultant of a Texas trade association in a field regulated by the | ||
state agency. | ||
(c) A person may not be a member of a state agency's | ||
policymaking body or act as the general counsel to the state | ||
agency's policymaking body or the state agency if the person is | ||
required to register as a lobbyist under Chapter 305 because of the | ||
person's activities for compensation on behalf of a profession | ||
related to the operation of the state agency. | ||
Sec. 325.054. GOVERNOR DESIGNATES PRESIDING OFFICER. The | ||
governor shall designate a member of a state agency's policymaking | ||
body as the presiding officer of the policymaking body to serve in | ||
that capacity at the pleasure of the governor. | ||
Sec. 325.055. GROUNDS FOR REMOVAL OF MEMBERS FROM | ||
POLICYMAKING BODIES. (a) It is a ground for removal from a state | ||
agency's policymaking body that a member: | ||
(1) does not have at the time of taking office the | ||
qualifications required by law to be a member of the policymaking | ||
body; | ||
(2) does not maintain during service on the | ||
policymaking body the qualifications required by law to be a member | ||
of the policymaking body; | ||
(3) is ineligible for membership on the policymaking | ||
body under law, including provisions relating to public membership, | ||
conflicts of interest, and lobbying; | ||
(4) cannot, because of illness or disability, | ||
discharge the member's duties for a substantial part of the member's | ||
term; or | ||
(5) is absent from more than half of the regularly | ||
scheduled meetings of the policymaking body that the member is | ||
eligible to attend during a calendar year without an excuse | ||
approved by a majority vote of the policymaking body. | ||
(b) The validity of an action of a state agency's | ||
policymaking body is not affected by the fact that it is taken when | ||
a ground for removal of a member of the policymaking body exists. | ||
(c) If the executive head of a state agency has knowledge | ||
that a potential ground for removal exists, the executive head | ||
shall notify the presiding officer of the state agency's | ||
policymaking body of the potential ground. The presiding officer | ||
shall then notify the governor and the attorney general that a | ||
potential ground for removal exists. If the potential ground for | ||
removal involves the presiding officer, the executive head shall | ||
notify the next highest ranking officer of the policymaking body, | ||
who shall then notify the governor and the attorney general that a | ||
potential ground for removal exists. | ||
Sec. 325.056. TRAINING FOR MEMBERS OF POLICYMAKING BODIES. | ||
(a) A person who is appointed to and qualifies for office as a | ||
member of the policymaking body of a state agency may not vote, | ||
deliberate, or be counted as a member in attendance at a meeting of | ||
the policymaking body until the person completes a training program | ||
that complies with this section. | ||
(b) The training program must provide the person with | ||
information regarding: | ||
(1) the law governing the state agency's operations; | ||
(2) the programs, functions, rules, and budget of the | ||
state agency; | ||
(3) the scope of and limitations on the rulemaking | ||
authority of the policymaking body; | ||
(4) the results of the most recent formal audit of the | ||
state agency; | ||
(5) the requirements of: | ||
(A) laws relating to open meetings, public | ||
information, administrative procedure, and disclosure of conflicts | ||
of interest; and | ||
(B) other laws applicable to members of a state | ||
agency policymaking body in performing their duties; and | ||
(6) any applicable ethics policies adopted by the | ||
state agency or the Texas Ethics Commission. | ||
(c) A person appointed to the state agency's policymaking | ||
body is entitled to reimbursement, as provided by the General | ||
Appropriations Act, for the travel expenses incurred in attending | ||
the training program regardless of whether the attendance at the | ||
program occurs before or after the person qualifies for office. | ||
(d) The executive head of the state agency shall create a | ||
training manual that includes the information required by | ||
Subsection (b). The executive head shall distribute a copy of the | ||
training manual annually to each member of the policymaking body. | ||
Each member of the policymaking body shall sign and submit to the | ||
executive head a statement acknowledging that the member received | ||
and reviewed the training manual. | ||
Sec. 325.057. POLICIES TO SEPARATE POLICYMAKING AND STAFF | ||
FUNCTIONS. The policymaking body of a state agency shall develop | ||
and implement policies that clearly separate the policymaking | ||
responsibilities of the policymaking body and the management | ||
responsibilities of the executive head and the staff of the state | ||
agency. | ||
Sec. 325.058. PUBLIC TESTIMONY AT MEETINGS OF POLICYMAKING | ||
BODIES. The policymaking body of a state agency shall develop and | ||
implement policies that provide the public with a reasonable | ||
opportunity to appear before the policymaking body and to speak on | ||
any issue under the jurisdiction of the state agency. | ||
Sec. 325.059. COMPLAINT INFORMATION REQUIREMENTS. (a) A | ||
state agency shall maintain a system to promptly and efficiently | ||
act on complaints filed with the state agency. The state agency | ||
shall maintain information about parties to and the subject matter | ||
of the complaint and a summary of the results of the review or | ||
investigation of the complaint and the disposition of the | ||
complaint. | ||
(b) The state agency shall make information available | ||
describing its procedures for complaint investigation and | ||
resolution. | ||
(c) The state agency shall periodically notify the | ||
complaint parties of the status of the complaint until final | ||
disposition unless the notice would jeopardize the investigation. | ||
SECTION 3. This Act takes effect September 1, 2021. |