Bill Text: TX SB713 | 2021-2022 | 87th Legislature | Enrolled


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

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2021-06-16 - Effective immediately [SB713 Detail]

Download: Texas-2021-SB713-Enrolled.html
 
 
  S.B. No. 713
 
 
 
 
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.  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, 2023 [2021].
         SECTION 1.02.  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, 2023
  [2021].
         SECTION 1.03.  ANATOMICAL BOARD OF THE STATE OF TEXAS.
  Section 691.003, Health and Safety Code, is amended to read as
  follows:
         Sec. 691.003.  SUNSET PROVISION.  The Anatomical Board of
  the State of Texas 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, 2023 [2021].
         SECTION 1.04.  TEXAS COMMISSION OF LICENSING AND REGULATION;
  TEXAS DEPARTMENT OF LICENSING AND REGULATION. Section 51.002(a),
  Occupations Code, is amended to read as follows:
         (a)  The Texas Commission of Licensing and Regulation and the
  Texas Department of Licensing and Regulation are subject to Chapter
  325, Government Code (Texas Sunset Act).  Unless continued in
  existence as provided by that chapter, the commission and the
  department are abolished September 1, 2023 [2021].
         SECTION 1.05.  TEXAS COMMISSION ON LAW ENFORCEMENT. (a)
  Section 1701.002, Occupations Code, is amended to read as follows:
         Sec. 1701.002.  APPLICATION OF SUNSET ACT.  The Texas
  Commission on Law Enforcement 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, 2023 [2021].
         (b)  For purposes of Section 1701.002, Occupations Code, as
  amended by this Act, the Sunset Advisory Commission shall conduct a
  limited-scope review of the Texas Commission on Law Enforcement for
  the 88th Legislature.
         (c)  In conducting the limited-scope review under this
  section, the Sunset Advisory Commission staff evaluation and report
  must be limited to reviewing the appropriateness of the Sunset
  Advisory Commission's recommendations for the Texas Commission on
  Law Enforcement made to the 87th Legislature.
         (d)  The Sunset Advisory Commission's recommendations to the
  88th Legislature may include any recommendation the commission
  considers appropriate based on the limited-scope review conducted
  under this section.
         SECTION 1.06.  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 1.07.  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].
         SECTION 1.08.  SAN JACINTO RIVER AUTHORITY. Section 1A(a),
  Chapter 426, Acts of the 45th Legislature, Regular Session, 1937,
  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 [2021], and every 12th year after
  that year.
  ARTICLE 2. ENTITIES GIVEN 2025 SUNSET DATE
         SECTION 2.01.  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 2.02.  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 2.03.  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 2027 SUNSET DATE
         SECTION 3.01.  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, 2027 [2023].
         SECTION 3.02.  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, 2027 [2023].
         SECTION 3.03.  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, 2027 [2023].
         SECTION 3.04.  TEXAS RACING COMMISSION.  (a)  Section
  2021.008(a), Occupations Code, 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,
  2027 [2021].
         (b)  Not later than December 1, 2021, the Texas Racing
  Commission shall replace all employees who were employed by the
  Texas Racing Commission on August 31, 2021, in:
               (1)  an exempt position; or
               (2)  a position at or above salary group B27 in the
  Texas Position Classification Plan, 1961.
         (c)  The Texas Racing Commission may not hire or rehire an
  individual to fill a position described by Subsection (b) of this
  section if the individual was employed by the commission in a
  position described by Subsection (b) of this section during the six
  months preceding the effective date of this Act.
  ARTICLE 4. ENTITIES GIVEN 2029 SUNSET DATE
         SECTION 4.01.  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, 2029 [2023].
         SECTION 4.02.  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 5. ENTITIES GIVEN 2031 SUNSET DATE
         SECTION 5.01.  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].
         SECTION 5.02.  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, 2031 [2025].
  ARTICLE 6. ENTITIES REMOVED FROM SUNSET REVIEW
         SECTION 6.01.  TEXAS A&M FOREST SERVICE. Section 88.1016,
  Education Code, is repealed.
  ARTICLE 7. LIMITED REVIEWS REMOVED FROM SUNSET REVIEW
         SECTION 7.01.  HEALTH AND HUMAN SERVICES COMMISSION,
  DEPARTMENT OF STATE HEALTH SERVICES, AND DEPARTMENT OF FAMILY AND
  PROTECTIVE SERVICES. Section 531.0206, Government Code, is
  repealed.
         SECTION 7.02.  THE HEALTH AND HUMAN SERVICES COMMISSION'S
  OFFICE OF INSPECTOR GENERAL. Section 531.102(y), Government Code,
  is repealed.
  ARTICLE 8. SUNSET REVIEW PROCESS
         SECTION 8.01.  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.
         SECTION 8.02.  PROCEDURES AFTER ABOLISHMENT. Section
  325.017, Government Code, is amended by adding Subsections (g) and
  (h) to read as follows:
         (g)  Except as provided by Subsections (a), (e), and (f), all
  legal interests of a state agency abolished in an odd-numbered year
  are transferred to the comptroller on the date the state agency is
  terminated under Subsection (a).
         (h)  On the date a state agency that is abolished in an
  odd-numbered year is terminated under Subsection (a), the governor
  may designate another state agency to administer any law previously
  administered by the abolished state agency that remains in effect
  and a reference in any law to the abolished state agency means the
  designated state agency. The governor is not required to designate
  the same state agency under this subsection that is designated
  under Subsection (f).
  ARTICLE 9.  TRANSITION
         SECTION 9.01.  CONFLICT WITH OTHER LAWS. If a conflict
  exists between this Act and another Act of the 87th Legislature,
  Regular Session, 2021, that amends or repeals the sunset date of a
  governmental entity, the provisions of the other Act control
  without regard to the relative dates of enactment.
  ARTICLE 10. EFFECTIVE DATE
         SECTION 10.01.  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.
 
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 713 passed the Senate on
  April 19, 2021, by the following vote:  Yeas 31, Nays 0;
  May 25, 2021, Senate refused to concur in House amendments and
  requested appointment of Conference Committee; May 27, 2021, House
  granted request of the Senate; May 30, 2021, Senate adopted
  Conference Committee Report by the following vote:  Yeas 31,
  Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 713 passed the House, with
  amendments, on May 23, 2021, by the following vote:  Yeas 140,
  Nays 3, one present not voting; May 27, 2021, House granted request
  of the Senate for appointment of Conference Committee;
  May 30, 2021, House adopted Conference Committee Report by the
  following vote:  Yeas 133, Nays 7, two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
             Date
 
 
  ______________________________ 
            Governor
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