Bill Text: TX HB1860 | 2021-2022 | 87th 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) 2021-04-01 - Left pending in committee [HB1860 Detail]

Download: Texas-2021-HB1860-Introduced.html
  87R9081 MCK-D
 
  By: Cyrier H.B. No. 1860
 
 
 
A BILL TO BE ENTITLED
 
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 2023 SUNSET DATE
         SECTION 1.01.  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, 2023 [2025].
         SECTION 1.02.  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, 2023 [2025].
  ARTICLE 2. ENTITIES GIVEN 2025 SUNSET DATE
         SECTION 2.01.  TEXAS ECONOMIC DEVELOPMENT AND TOURISM
  OFFICE.  Section 481.003, Government Code, is amended to read as
  follows:
         Sec. 481.003.  SUNSET PROVISION.  The Texas Economic
  Development and Tourism 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, 2025 [2021].
         SECTION 2.02.  OFFICE OF STATE-FEDERAL RELATIONS.  Section
  751.003, Government Code, is amended to read as follows:
         Sec. 751.003.  SUNSET PROVISION.  The Office of
  State-Federal Relations 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, 2025
  [2021].
         SECTION 2.03.  TEXAS DEPARTMENT OF INSURANCE AND DIVISION OF
  WORKERS' COMPENSATION, 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, 2025 [2023].
         (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, 2025 [2023], or another date designated by the
  legislature.
         SECTION 2.04.  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, 2025 [2023].
         SECTION 2.05.  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, 2025 [2023].
  ARTICLE 3. ENTITIES GIVEN 2029 SUNSET DATE
         SECTION 3.01.  STATE BOARD OF VETERINARY MEDICAL
  EXAMINERS. (a) Section 801.003, Occupations Code, is amended to
  read as follows:
         Sec. 801.003.  APPLICATION OF SUNSET ACT.  The State Board
  of Veterinary Medical 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, 2029 [2021].
         (b)  The Sunset Advisory Commission shall conduct a
  special-purpose review of the State Board of Veterinary Medical
  Examiners for the 88th 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 implementation of the
  State Board of Veterinary Medical Examiners' database system and
  the board's processes and procedures for collecting and analyzing
  data as recommended by the commission to the 87th Legislature; and
               (2)  the commission's recommendations to the 88th
  Legislature may include any recommendation the commission
  considers appropriate based on the special-purpose review.
         (c)  The state auditor shall conduct an effectiveness audit
  of the State Board of Veterinary Medical Examiners to evaluate:
               (1)  the board's implementation of the data-related
  recommendations made in the report on the board submitted by the
  Sunset Advisory Commission to the 85th Legislature and identified
  as not fully implemented in the report on the board submitted by the
  commission to the 87th Legislature; and
               (2)  any additional recommendation made in the Sunset
  Advisory Commission's report on the special-purpose review under
  Subsection (b) of this section.
         (d)  The state auditor may not begin the audit required by
  Subsection (c) of this section before December 1, 2023, and shall
  prepare and submit a report of the findings of the audit to the
  chair and executive director of the Sunset Advisory Commission not
  later than December 1, 2024.
         (e)  The state auditor shall include the auditor's duties
  under this section in each audit plan under Section 321.013,
  Government Code, that governs the auditor's duties for the period
  specified by Subsection (d) of this section.
  ARTICLE 4. ENTITIES GIVEN 2031 SUNSET DATE
         SECTION 4.01.  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, Chapter
  1102, and Chapter 1303 of this code and Chapter 221, Property Code,
  expire September 1, 2031 [2025].
  ARTICLE 5. ENTITIES REMOVED FROM SUNSET REVIEW
         SECTION 5.01.  TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL
  COMPACT COMMISSION. Section 403.0054, Health and Safety Code, is
  repealed.
  ARTICLE 6. SUNSET REVIEW PROCESS
         SECTION 6.01.  REMOTE MEETINGS. Chapter 325, Government
  Code, is amended by adding Sections 325.0091 and 325.0092 to read as
  follows:
         Sec. 325.0091.  MEETINGS USING TELECOMMUNICATION DEVICES.
  (a) As an exception to Chapter 551 and other law, if a meeting is
  located in Austin and the presiding officers of the commission are
  physically present at the meeting, then any number of the other
  members and employees of the commission may participate in the
  meeting by use of telephone conference call, video conference call,
  or other similar telecommunication device.
         (b)  A member attending a meeting using a telecommunication
  device authorized by Subsection (a) is considered to be attending
  the meeting for purposes of constituting a quorum, for purposes of
  voting, and for any other purpose allowing a member of the
  commission to otherwise fully participate in the meeting.
         (c)  A meeting held by use of telephone conference call,
  video conference call, or other similar telecommunication device:
               (1)  is subject to the notice requirements applicable
  to other meetings;
               (2)  must specify in the notice of the meeting the
  location in Austin of the meeting at which the presiding officers
  will be physically present;
               (3)  must be open to the public and shall be audible to
  the public at the location in Austin specified in the notice of the
  meeting as the location of the meeting at which the presiding
  officers will be physically present; and
               (4)  must provide two-way audio communication between
  all members of the commission attending the meeting during the
  entire meeting, and if the two-way audio communication link with
  any member attending the meeting is disrupted at any time, the
  meeting may not continue until the two-way audio communication link
  is reestablished.
         Sec. 325.0092.  MEETINGS DURING STATE OF DISASTER OR
  EMERGENCY. (a) During a state of disaster or emergency declared by
  the governor the commission may limit public access to the physical
  location of a commission meeting.
         (b)  If public access to a meeting is limited as authorized
  by this section, the commission shall:
               (1)  broadcast the video and audio of the meeting in
  real time on the commission's Internet website; and
               (2)  provide the following information in the notice of
  the meeting:
                     (A)  the link to the broadcast on the commission's
  Internet website; and
                     (B)  a description of the manner in which the
  public will be able to participate in the meeting, including:
                           (i)  any health and safety protocols the
  commission imposes to attend the meeting; and
                           (ii)  any procedures for a member of the
  public to:
                                 (a)  testify electronically or in
  person at the meeting; or
                                 (b)  electronically submit public
  comments without testifying.
         (c)  If the commission invites witnesses to testify at a
  meeting to which public access is limited under this section, the
  commission shall make a reasonable effort to invite witnesses
  representing different viewpoints on the matters to be considered
  at the meeting.
         SECTION 6.02.  PROCEDURES DURING DECLARED DISASTER. Section
  325.0125(b), Government Code, is amended to read as follows:
         (b)  The commission may only exempt agencies that have been
  inactive for a period of two years preceding the date the agency is
  scheduled for abolition, [or] that have been rendered inactive by
  an action of the legislature, or that the commission determines are
  unable to participate in the review due to a declared disaster.
  ARTICLE 7. EFFECTIVE DATE
         SECTION 7.01.  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, 2021.
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