GOVERNMENT CODE TITLE 3. LEGISLATIVE BRANCH SUBTITLE C. LEGISLATIVE AGENCIES AND OVERSIGHT COMMITTEES CHAPTER 325. SUNSET LAW Sec. 325.001. SHORT TITLE. This chapter may be cited as the Texas Sunset Act. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Sec. 325.002. DEFINITIONS. In this chapter: (1) "State agency" means an agency expressly made subject to this chapter. (A) Redesignated by Acts 1987, 70th Leg., ch. 1008, Sec. 1. (B) Deleted by Acts 1987, 70th Leg., ch. 1008, Sec. 2. (C) Deleted by Acts 1989, 71st Leg., ch. 196, Sec. 1. (2) "Advisory committee" means a committee, council, commission, or other entity created under state law whose primary function is to advise a state agency. (3) "Commission" means the Sunset Advisory Commission. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 1008, Sec. 1, 2, eff. Sept. 1, 1987; Acts 1987, 70th Leg., ch. 167, Sec. 2.12(a), eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 196, Sec. 1, eff. Aug. 28, 1989. Sec. 325.003. SUNSET ADVISORY COMMISSION. (a) The Sunset Advisory Commission 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. (b) An individual is not eligible for appointment as a public member if the individual or the individual's spouse is: (1) regulated by a state agency that the commission will review during the term for which the individual would serve; (2) employed by, participates in the management of, or directly or indirectly has more than a 10 percent interest in a business entity or other organization regulated by a state agency the commission will review during the term for which the individual would serve; or (3) required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession or entity related to the operation of an agency under review. (c) It is a ground for removal of a public member from the commission if the member does not have the qualifications required by Subsection (b) for appointment to the commission at the time of appointment or does not maintain the qualifications while serving on the commission. The validity of the commission's action is not affected by the fact that it was taken when a ground for removal of a public member from the commission existed. (d) Legislative members serve four-year terms, with terms staggered so that the terms of as near to one-half of the legislative members appointed by the lieutenant governor as possible and the terms of as near to one-half of the legislative members appointed by the speaker as possible expire September 1 of each odd-numbered year. If the lieutenant governor or the speaker serves on the commission, service continues until resignation from the commission or until the individual ceases to hold the office. Public members serve two-year terms expiring September 1 of each odd-numbered year. (e) Members other than the lieutenant governor and the speaker are subject to the following restrictions: (1) after an individual serves six years on the commission, the individual is not eligible for appointment to another term or part of a term; (2) a legislative member who serves a full term may not be appointed to an immediately succeeding term; and (3) a public member may not serve more than two consecutive terms, and, for purposes of this prohibition, a member is considered to have served a term only if the member has served more than half of the term. (f) The lieutenant governor and speaker shall make their appointments before September 1 of each odd-numbered year. (g) If a legislative member ceases to be a member of the house from which he was appointed, the member vacates his membership on the commission. (h) If a vacancy occurs, the appropriate appointing authority shall appoint a person to serve for the remainder of the unexpired term in the same manner as the original appointment. (i) The commission shall have a chairman and vice-chairman as presiding officers. The chairmanship and vice-chairmanship must alternate every two years between the two membership groups appointed by the lieutenant governor and the speaker. The chairman and vice-chairman may not be from the same membership group. The lieutenant governor shall designate a presiding officer from his appointed membership group and the speaker shall designate the other presiding officer from his appointed membership group. (j) Seven members of the commission constitute a quorum. A final action or recommendation may not be made unless approved by a record vote of a majority of members appointed by the lieutenant governor and the speaker of the house. All other actions by the commission shall be decided by a majority of the members present and voting. (k) Each member of the commission is entitled to reimbursement for actual and necessary expenses incurred in performing commission duties. Each legislative member is entitled to reimbursement from the appropriate fund of the member's respective house. Each public member is entitled to reimbursement from funds appropriated to the commission. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 1008, Sec. 2, eff. Sept. 1, 1987; Acts 2003, 78th Leg., 3rd C.S., ch. 3, Sec. 6.17, eff. Jan. 11, 2004. Amended by: Acts 2007, 80th Leg., R.S., Ch. 928, Sec. 1.01, eff. June 15, 2007. Sec. 325.004. STAFF. (a) The commission shall employ an executive director to act as the executive head of the commission. (b) The executive director shall employ persons necessary to carry out this chapter through funds made available by the legislature. (c) The chairman and vice-chairman of the commission may each employ a staff to work for them on matters related to commission activities. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Sec. 325.005. RULES. The commission shall adopt rules necessary to carry out this chapter. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Sec. 325.007. AGENCY REPORT TO COMMISSION. 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. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 1008, Sec. 3, eff. Sept. 1, 1987. Amended by: Acts 2007, 80th Leg., R.S., Ch. 928, Sec. 1.02, eff. June 15, 2007. Sec. 325.008. COMMISSION DUTIES. (a) Before January 1 of the year in which a state agency subject to this chapter and its advisory committees are abolished, the commission shall: (1) review and take action necessary to verify the reports submitted by the agency under Section 325.007; (2) consult the Legislative Budget Board, the Governor's Budget, Policy, and Planning Division, the State Auditor, and the comptroller of public accounts, or their successors, on the application to the agency of the criteria provided in Section 325.011; (3) conduct a review of the agency based on the criteria provided in Section 325.011 and prepare a written report; and (4) review the implementation of commission recommendations contained in the reports presented to the legislature during the preceding legislative session and the resulting legislation. (b) The written report prepared by the commission under Subsection (a)(3) is a public record. (c) Work performed under this section by the state auditor is subject to approval by the legislative audit committee for inclusion in the audit plan under Section 321.013(c). Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 6, eff. Sept. 1, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 928, Sec. 1.03, eff. June 15, 2007. Sec. 325.009. PUBLIC HEARINGS. (a) Before February 1 of the year a state agency subject to this chapter and its advisory committees are abolished, the commission shall conduct public hearings concerning but not limited to the application to the agency of the criteria provided in Section 325.011. (b) The commission may hold the public hearings after the review of the agency required by Section 325.008(a)(3) is complete and available to the public. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Amended by: Acts 2007, 80th Leg., R.S., Ch. 928, Sec. 1.04, eff. June 15, 2007. Sec. 325.010. COMMISSION REPORT. (a) At each regular legislative session, the commission shall present to the legislature and the governor a report on the agencies and advisory committees reviewed. (b) In the report the commission shall include: (1) its findings regarding the criteria prescribed by Section 325.011; (2) its recommendations based on the matters prescribed by Section 325.012; and (3) other information the commission considers necessary for a complete review of the agency. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Amended by: Acts 2007, 80th Leg., R.S., Ch. 928, Sec. 1.05, eff. June 15, 2007. 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. Acts 1985, 69th Leg., ch. 479, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.95(83), (94), eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1319, Sec. 33, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1499, Sec. 1.06, eff. Sept. 1, 1999. Amended by: Acts 2007, 80th Leg., R.S., Ch. 928, Sec. 1.06, eff. June 15, 2007. |
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