HBA-GUM H.B. 3702 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3702 By: Shields State Affairs 4/5/1999 Introduced BACKGROUND AND PURPOSE H.B. 3702 establishes the Texas Private Sector Committee on Cost Control in State Government (committee) to study and recommend cost control in state government by examining the management and cost control procedures of the Public Utilities Commission (PUC), the 9-1-1 Commission (9-11), the Texas Workforce Commission (TWC), and the Texas Health and Human Services Commission (HHSC). This bill requires the committee to make recommendations concerning combining PUC and 9-1-1 with the Texas Railroad Commission, and combining TWC with HHSC. This bill further provides that the legislature must accept or reject the recommendation of the committee and that the legislature may not modify the recommendations. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the state auditor in SECTION 1 (Section 2059.003, Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle B, Title 10, Government Code, by adding Chapter 2059, as follows: CHAPTER 2059. TEXAS PRIVATE SECTOR COMMITTEE ON COST CONTROL Sec. 2059.001. DEFINITION. Defines "state agency." Sec. 2059.002. COMMITTEE COMPOSITION. (a) Provides that the Texas Private Sector Committee on Cost Control in State Government (committee) is composed of nine members appointed by the governor. Requires a member of the committee to be a private business owner or executive who has the qualifications determined by the governor. Requires the governor, as soon as possible after September 1, 1999, to appoint a number of members to allow the committee to begin its work, and the remaining members as soon thereafter as is practicable. (b) Provides that the members of the committee serve at the pleasure of the governor. (c) Prohibits a person required to register as a lobbyist under Chapter 305 (Registration of Lobbyists) from serving as a member of the committee. (d) Requires the state auditor to provide advice and staff support to the committee. Sec. 2059.003. OFFICERS; COMPENSATION; MEETINGS. (a) Requires the governor to designate a presiding officer for the committee. Authorizes the committee to elect other officers from its membership as the committee deems appropriate, or as directed by the governor. (b) Prohibits a member, including officers, of the committee from receiving compensation for service on the committee. (c) Requires the committee to meet upon the state auditor's or the presiding officer's call, or as provided by rule established by the state auditor's office. Requires the committee to hold its initial meeting not later than October 1, 1999. Sec. 2059.004. DUTIES. (a) Requires the committee, considering cost-control methods used in the private sector, to examine the management and cost control procedures and make recommendations concerning combining at least the Public Utilities Commission and the 91-1 Commission into the Railroad Commission, and Texas Workforce Commission and the Texas Health and Human Services Commission. (b) Requires the committee to advise the governor, the legislature, and the governing bodies of state agencies how to improve management and reduce costs. (c) Requires the committee to make recommendations to the governor and legislature concerning the consolidations under Subsection (a) into a single governmental agency tasked to provide services and to assist in obtaining employment for all able to work Texans. (d) Lists the issues on which the committee is required to provide recommendation. (e) Authorizes the committee, in its examination of the specified agencies in Subsection (a), to hold public hearings in various locations around the state. Sec. 2059.005. AGENCY COOPERATION. Authorizes the committee to request information relating to the structure, organization, personnel, budget, and operations of an agency. Requires the administrative head of each agency to provide to the committee information which the committee requests in performing its duties, unless disclosure of the information is prohibited under Sections 552.101 (Exception: Confidential Information), 552.109 (Exception: Certain Private Communications of an Elected Official), 552.110 (Exception: Trade Secrets, Commercial Information, or Financial Information), 552.114 (Exception: Student Records), and 552.119 (Exception: Photograph of Peace Officer or Security Guards). Sec. 2059.006. GIFTS AND GRANTS; STAFF; RESOURCES. (a) Authorizes the state auditor's office to accept gifts and grants, including the donation of labor or in-kind resources, on behalf of the committee to accomplish the objectives of this chapter. (b) Requires the state auditor's office and a state agency, upon request of the state auditor, to provide staff support and other resources to support the transportation, housing, and work of the committee. (c) Requires the legislative council staff, upon request by the committee, to prepare drafts of legislation proposed by the committee. Sec. 2059.007. APPLICABILITY. Provides that Article 6252-33, Revised Statutes (Recodified under Section 2110.001, Government Code (relating to the definition of "advisory committee")), does not apply to the committee except for the provisions of Section 4 of that law. Sec. 2059.008. FINAL REPORT; ABOLITION OF COMMITTEE. (a) Requires the committee to submit its final report to the governor, state auditor, and the presiding officer of each house of the legislature not later than October 1, 2000. Requires that the report include specific recommendations to merge or not merge the agencies examined. Requires that a draft of legislation required to implement a recommendation to be included with the report. (b) Prohibits the legislature from being authorized to modify or amend the proposed legislation. Requires the legislature to vote for or against the proposed legislation. (c) Provides that the committee is abolished and that this chapter expires on the date the final report is submitted. SECTION 2. Emergency clause. Effective date: upon passage.