HBA-DMD, TYH H.B. 2954 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2954 By: Gray State Affairs 7/30/1999 Enrolled BACKGROUND AND PURPOSE Under the Sunset review process, state agencies are, on the average, reviewed every twelve years to determine whether or not policies and services carried out by an agency continue to be necessary. Occasionally, an agency will need to be reviewed earlier or later, necessitating a change in the agency's sunset date in statute. H.B. 2954 affects the Sunset review of the Texas Funeral Service Commission, General Services Commission, Texas Department of Human Services, Metropolitan Rapid Transit Authorities, Public Utility Commission of Texas, Office of Public Utility Counsel, Texas Ethics Commission, Texas-Israel Exchange Fund Board, Official Cotton Growers' Boll Weevil Eradication Foundation, and the Children's Trust Fund of Texas Council. It also transfers the functions of the Texas Low-Level Radioactive Waste Disposal Authority to the Texas Natural Resources Conservation Commission and removes several agencies from Sunset review. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS ARTICLE 1. AGENCIES GIVEN 2001 SECTION 1.01. TEXAS FUNERAL SERVICE COMMISSION. Amends Subsection N, Section 2, Chapter 251, Acts of the 53rd Legislature, Regular Session, 1953 (Article 4582b, V.T.C.S.), to provide that the Texas Funeral Service Commission is abolished and this Act expires September 1, 2001, rather than 2003, unless continued in existence as provided by Chapter 325 (Texas Sunset Act), Government Code. SECTION 1.02. GENERAL SERVICES COMMISSION. Amends Section 2152.002, Government Code, to provide that the General Services Commission is abolished and this Act expires September 1, 2001, rather than 2003, unless continued in existence as provided by Chapter 325, Government Code. ARTICLE 2. AGENCIES GIVEN 2003 SUNSET DATE SECTION 2.01. TEXAS DEPARTMENT OF HUMAN SERVICES. Amends Section 21.002, Human Resources Code, to provide that the Texas Department of Human Services is abolished and this Act expires September 1, 2003, rather than 1999, unless continued in existence as provided by Chapter 325, Government Code, except that Chapter 40 (Department of Protective and Regulatory Services), Human Resources Code, expires as provided by Section 40.003 (Sunset Provision), Human Resources Code. SECTION 2.02. METROPOLITAN RAPID TRANSIT AUTHORITIES. Amends Section 451.453, Transportation Code, by removing the provision of every 12th year as the time period when each authority that has been confirmed, other than an authority that was confirmed before 1980 in which the principal municipality has a population of less than 1.2 million, is subject to review. Requires each authority to be reviewed during the period in which state agencies abolished in 2003 and every 12th year after that year are reviewed. SECTION 2.03. PUBLIC UTILITY COMMISSION OF TEXAS. Amends Section 12.005, Utilities Code, to provide that the Public Utility Commission of Texas is abolished and this Act expires September 1, 2003, rather than 2001, unless continued in existence as provided by Chapter 325, Government Code. SECTION 2.04. OFFICE OF PUBLIC UTILITY COUNSEL. Amends Section 13.002, Utilities Code, to provide that the Office of Public Utility Counsel is abolished and this Act expires September 1, 2003, rather than 2001, unless continued in existence as provided by Chapter 325, Government Code. SECTION 2.05. TEXAS ETHICS COMMISSION. Amends Section 571.022, Government Code, to require the Texas Ethics Commission to be reviewed during the periods in which state agencies abolished in 2003, rather than 2001, and every 12th year after that year are reviewed. ARTICLE 3. AGENCIES GIVEN 2007 SUNSET DATE SECTION 3.01. TEXAS-ISRAEL EXCHANGE FUND BOARD. Amends Section 45.006(i), Agriculture Code, to provide that the Texas-Israel Exchange Fund Board is abolished and this Act expires September 1, 2007, rather than 2001, unless continued in existence as provided by Chapter 325, Government Code. SECTION 3.02. OFFICIAL COTTON GROWERS' BOLL WEEVIL ERADICATION FOUNDATION. Amends Section 74.127(a), Agriculture Code, to provide that the board of directors of the Official Cotton Growers' Boll Weevil Eradication Foundation is abolished and this Act expires September 1, 2007, rather than 2003, unless continued in existence as provided by Chapter 325, Government Code. SECTION 3.03. CHILDREN'S TRUST FUND OF TEXAS COUNCIL. Amends Section 74.011, Human Resources Code, to provide that the Children's Trust Fund of Texas Council is abolished and this Act expires September 1, 2007, rather than 1999, unless continued in existence as provided by Chapter 325, Government Code. ARTICLE 4. AGENCY ABOLISHED AND FUNCTIONS TRANSFERRED SECTION 4.01. TRANSFER OF FUNCTIONS FROM TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL AUTHORITY TO TEXAS NATURAL RESOURCE CONSERVATION COMMISSION. Amends Subchapter A, Chapter 402, Health and Safety Code, by adding Section 402.004, as follows: Sec. 402.004. AGENCY ABOLISHED AND FUNCTIONS TRANSFERRED. Abolishes the Texas Low-Level Radioactive Waste Disposal Authority (authority) and provides that any reference in this chapter or another law to the authority or the board means the Texas Natural Resource Conservation Commission. SECTION 4.02. FURTHER TRANSFER. Transfers the powers, duties, obligations, rights, contracts, records, personnel, property, and unspent appropriations or other funds of the authority to the Texas Natural Resource Conservation Commission. Provides that all rules of the authority are continued in effect as the rules of the Texas Natural Resource Conservation Commission until superseded by a rule of the commission. SECTION 4.03. REPEAL OF SUNSET PROVISION FOR TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL AUTHORITY. Repealer: Section 402.012, Health and Safety Code. ARTICLE 5. AGENCIES REMOVED FROM SUNSET REVIEW SECTION 5.01. Repealer: Section 42.006 (Sunset Provision), Government Code (Office of the State Prosecuting Attorney); Section 71.002 (Sunset Provision), Government Code (Texas Judicial Council); Section 91.008 (Sunset Provision), Government Code (State Law Library); and Section 405.002 (Sunset Provision), Government Code (Office of the Secretary of State). ARTICLE 6. MISCELLANEOUS PROVISIONS SECTION 6.01. PARKS AND WILDLIFE DEPARTMENT. Requires the Sunset Advisory Commission, in its review of the Parks and Wildlife Department (department) for the 77th Legislature, to include a review of appropriate sources of dedicated funding for financing the programs administered by the department. Requires the commission to consider the results of the review in developing its recommendations to the 77th Legislature. SECTION 6.02. TEXAS WATER DEVELOPMENT BOARD; TEXAS NATURAL RESOURCE CONSERVATION COMMISSION. Requires the Sunset Advisory Commission, if the commission includes a study of groundwater districts in its review of the Texas Water Development Board or the Texas Natural Resource Conservation Commission for the 77th Legislature, in order to minimize duplication to closely coordinate with any interim legislative committees also studying groundwater districts. SECTION 6.03. TEXAS FUNERAL SERVICE COMMISSION. Provides that the section of this Act that amends Subsection N, Section 2, Chapter 251, Acts of the 53rd Legislature, Regular Session, 1953 (Article 4582b, V.T.C.S.), takes effect only if the 76th Legislature, Regular Session, 1999, does not enact other legislation that becomes law and that amends Subsection A, Section 2, Chapter 251, Acts of the 53rd Legislature, Regular Session, 1953 (Article 4582b, V.T.C.S.), to change the membership of the Texas Funeral Service Commission. SECTION 6.04. PUBLIC UTILITY COMMISSION OF TEXAS. Provides that the section of this Act that amends Section 12.005 (Application of Sunset Act), Utilities Code, takes effect only if the 76th Legislature, Regular Session, 1999, does not enact other legislation that becomes law and that amends Section 12.005, Utilities Code, to extend the sunset date of the Public Utility Commission of Texas. SECTION 6.05. OFFICE OF PUBLIC UTILITY COUNSEL. Provides that the section of this Act that amends Section 13.002 (Application of Sunset Act), Utilities Code, takes effect only if the 76th Legislature, Regular Session, 1999, does not enact other legislation that becomes law and that amends Section 13.002, Utilities Code, to extend the sunset date of the Office of Public Utility Counsel. SECTION 6.06. CHILDREN'S TRUST FUND OF TEXAS COUNCIL. (a) Provides that during the period in which the Sunset Advisory Commission performs its duties as required by Chapter 325, Government Code, preparing for a report to the 77th Legislature, the Children's Trust Fund of Texas Council is subject to a special-purpose review. Specifies the requirements for the Sunset Advisory Commission, in the review. (b) Requires the Children's Trust Fund of Texas Council, to the extent Chapter 325, Government Code, imposes a duty on a state agency under review, to comply with that duty. Requires the council to provide to the Sunset Advisory Commission any information the commission considers necessary to carry out the commission's duties under this section. (c) Requires the Sunset Advisory Commission to make recommendations to the 77th Legislature, Regular Session, 2001, as the commission considers appropriate, regarding the Children's Trust Fund of Texas Council. ARTICLE 7. EFFECTIVE DATE; EMERGENCY SECTION 7.01. EFFECTIVE DATE. Effective date: September 1, 1999, except as otherwise provided by this Act. SECTION 7.02. EMERGENCY. Emergency clause.