bill resetting sunset review dates for several agencies

The text as introduced · 1,278 words

89R10570 BCH-D

By: Parker
S.B. No. 2400

A BILL TO BE ENTITLED

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 2031 SUNSET DATE

SECTION 1.01. CREDIT UNION DEPARTMENT. Section 15.212,

Finance Code, is amended to read as follows:

Sec. 15.212. SUNSET PROVISION. The Credit Union Department

and the Credit Union Commission are subject to Chapter 325,

Government Code (Texas Sunset Act). Unless continued in existence

as provided by that chapter, the department and commission are

abolished September 1, 2031 [ 2035 ].

SECTION 1.02. STATE OFFICE OF ADMINISTRATIVE HEARINGS.

Section 2003.023, Government Code, is amended to read as follows:

Sec. 2003.023. SUNSET PROVISION. The State Office of

Administrative Hearings is subject to review under Chapter 325

(Texas Sunset Act), but is not abolished under that chapter. The

office shall be reviewed during the periods in which state agencies

abolished in 2031 [ 2027 ] and every 12th year after 2031 [ 2027 ] are

reviewed.

SECTION 1.03. TEXAS JUVENILE JUSTICE DEPARTMENT. (a)

Section 202.010, Human Resources Code, is amended to read as

follows:

Sec. 202.010. SUNSET PROVISION. The Texas Juvenile Justice

Board and the Texas Juvenile Justice Department are subject to

Chapter 325, Government Code (Texas Sunset Act). Unless continued

in existence as provided by that chapter, the board and the

department are abolished September 1, 2031 [ 2027 ].

(b) Notwithstanding Section 202.010, Human Resources Code,

as amended by this Act, the Sunset Advisory Commission shall

conduct a limited-scope review of the Texas Juvenile Justice

Department for the 90th Legislature.

(c) In conducting the limited-scope review under this

section, the Sunset Advisory Commission staff evaluation and report

must be limited to assessing the Texas Juvenile Justice

Department's administration of its regionalization duties aimed at

prioritizing the use of local levels of the juvenile justice system

over placement or commitment to secure facilities operated by the

Texas Juvenile Justice Department.

(d) The Sunset Advisory Commission may not review the office

of independent ombudsman of the Texas Juvenile Justice Department

as part of the limited-scope review conducted under this section.

(e) The Sunset Advisory Commission's recommendations to the

90th Legislature may include any recommendation the commission

considers appropriate based on the limited-scope review conducted

under this section.

(f) The Texas Juvenile Justice Department shall submit a

report not later than September 1, 2026, to the Sunset Advisory

Commission, the speaker of the house of representatives, the

lieutenant governor, and the standing committees of each house of

the legislature with primary jurisdiction over juvenile justice

that includes information about:

(1) the status of the United States Department of

Justice's investigation into the Texas Juvenile Justice Department

and the Texas Juvenile Justice Department's progress in addressing

findings as detailed in the United States Department of Justice's

report titled "Investigation of the Texas Juvenile Justice

Department," published on August 1, 2024;

(2) the waitlist of youth committed to the Texas

Juvenile Justice Department awaiting transfer to state secure

facilities from county facilities;

(3) the Texas Juvenile Justice Department's staffing

and turnover at state facilities for each fiscal year since fiscal

year 2016; and

(4) the progress on construction of additional state

juvenile correctional facilities for which the legislature

appropriated funding in the 2024-2025 biennium.

ARTICLE 2. ENTITIES GIVEN 2033 SUNSET DATE

SECTION 2.01. STATE BOARD OF VETERINARY MEDICAL EXAMINERS.

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 September 1, 2033 [ 2027 ].

ARTICLE 3. ENTITIES GIVEN 2035 SUNSET DATE

SECTION 3.01. STATE SOIL AND WATER CONSERVATION BOARD.

Section 12, Chapter 358 (S.B. 1424), Acts of the 88th Legislature,

Regular Session, 2023, is repealed.

ARTICLE 4. AMENDMENTS TO THE TEXAS SUNSET ACT

SECTION 4.01. SUNSET ADVISORY COMMISSION. Section

325.003(a-1), Government Code, is amended to read as follows:

(a-1) A public member acts on behalf of the legislature when

participating on the commission in furtherance of the legislature's

duty to provide oversight of state [ executive branch ] agencies'

implementation of legislative priorities.

SECTION 4.02. AGENCY REPORT TO COMMISSION. Section

325.007(a), Government Code, is amended to read as follows:

(a) Before September 1 of the odd-numbered year before the

year in which a state agency subject to this chapter is abolished or

reviewed , 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.

SECTION 4.03. REPORTING REQUIREMENTS OF AGENCY BEING

REVIEWED. Section 325.0075, Government Code, is amended to read as

follows:

Sec. 325.0075. REPORTING REQUIREMENTS OF AGENCY BEING

REVIEWED. Before September 1 of the odd-numbered year before the

year in which a state agency subject to this chapter is abolished or

reviewed , the agency shall submit to the commission, the governor,

the lieutenant governor, and each member of the legislature a

report that:

(1) lists each report that the agency is required by a

statute to prepare; and

(2) evaluates the need for each report listed in

Subdivision (1) based on whether factors or conditions have changed

since the date the statutory requirement to prepare the report was

enacted.

SECTION 4.04. COMMISSION DUTIES. Section 325.008(a),

Government Code, is amended to read as follows:

(a) Before January 1 of the year in which a state agency

subject to this chapter and its advisory committees are abolished

or reviewed , 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.

SECTION 4.05. PUBLIC HEARINGS. Section 325.009(a),

Government Code, is amended to read as follows:

(a) Before February 1 of the year a state agency subject to

this chapter and its advisory committees are abolished or reviewed ,

the commission shall conduct public hearings concerning but not

limited to the application to the agency of the criteria provided in

Section 325.011.

SECTION 4.06. REVIEW OF CERTAIN AGENCIES. Sections

325.0125(a) and (b), Government Code, are amended to read as

follows:

(a) In the two-year period preceding the date scheduled for

the abolition or review of a state agency under this chapter, the

commission may exempt certain agencies from the requirements of

this chapter relating to staff reports, hearings, and reviews.

(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 review , 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.

ARTICLE 5. EFFECTIVE DATE

SECTION 5.01. 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, 2025.