Bill Text: TX SB1618 | 2011-2012 | 82nd Legislature | Enrolled


Bill Title: Relating to reporting requirements of state agencies and school districts.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2011-06-17 - Effective on 9/1/11 [SB1618 Detail]

Download: Texas-2011-SB1618-Enrolled.html
 
 
  S.B. No. 1618
 
 
 
 
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.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1618 passed the Senate on
  April 18, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1618 passed the House on
  May 19, 2011, by the following vote:  Yeas 148, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor
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