HBA-SEP C.S.S.B. 309 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 309
By: Harris
State Affairs
5/15/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Periodically, state agencies undergo a review by the Sunset Advisory
Commission (commission). As a result of the review, the commission will
either recommend changes to the agency or the abolishment of the agency.
Currently, the commission review date for the State Board of Barber
Examiners, the Texas Cosmetology Commission, the Texas Veterans Commission,
the Veterans' Land Board, the Texas Incentive and Productivity Commission,
the Texas Real Estate Commission, the Texas Structural Pest Control Board,
the Polygraph Examiners Board, and the Texas Department of Human Services
is September 1, 2003 and the review date for the risk management board of
the State Office of Risk Management is September 1, 2009.  C.S.S.B. 309
modifies the commission review date for these agencies.   

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. 

ANALYSIS

C.S.S.B. 309 amends the Occupations, Government, Natural Resources, Labor,
Human Resources, Education, and Transportation codes relating to the
application of the Texas Sunset Act to certain governmental entities.  The
bill extends the Sunset Advisory Commission (commission) review date for
the State Board of Barber Examiners, the Texas Cosmetology Commission, and
the Texas Veterans Commission from September 1, 2003 to September 1, 2005.
The bill extends the commission review date for the Polygraph Examiners
Board from September 1, 2003 to September 1, 2009, the Texas Incentive and
Productivity Commission from September 1, 2003 to September 1, 2007, and
the Veterans' Land Board from the year 2003 to 2005.  The bill moves the
commission review date for the risk management board of the State Office of
Risk Management from September 1, 2009 to September 1, 2007.   

The bill extends the commission review date for the Texas Department of
Human Services (TDHS) from September 1, 2003 to September 1, 2011 and
requires the commission, during the period in which the commission performs
its duties in preparing for a report to the 78th Legislature, to perform a
special purpose review of TDHS.  In the review, the commission is limited
to reviewing the appropriateness of the recommendations made by the
commission to the 76th Legislature regarding TDHS.  The commission may
include any of those prior recommendations the commission considers
appropriate in its report.  The bill requires TDHS to cooperate with the
commission in the review and to provide to the commission any information
the commission considers necessary for the review.  The special purpose
review provisions expire September 1, 2003.   

The bill amends the Real Estate License Act to extend the commission review
date for the Texas Real Estate Commission from September 1, 2003  to
September 1, 2007.  The bill amends the Texas Structural Pest Control Act
to extend the commission review date for the Texas Structural Pest Control
Board from September 1, 2003 to September 1, 2007. 

 The bill repeals the sunset provisions for the governing board of the
Texas School for the Blind and the Visually Impaired, the governing board
of the Texas School for the Deaf, the Real Estate Research Center, the
Texas National Research Laboratory Commission, the Governor's Advisory
Committee on Immigration and Refugees, the Capital Metropolitan
Transportation Authority, Corpus Christi Regional Transit Authority, Harris
County Metropolitan Rapid Transit Authority, and the Dallas Area Rapid
Transit Authority.   

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 309 modifies the original to extend the Sunset Advisory Commission
(commission) review date for the State Board of Barber Examiners, the Texas
Cosmetology Commission, the Texas Veterans Commission, the Veterans' Land
Board, the Texas Incentive and Productivity Commission, the Texas Real
Estate Commission, the Texas Structural Pest Control Board, and the Texas
Department of Human Services (TDHS).  The substitute requires the
commission to perform a  special purpose review of TDHS.  
The substitute repeals the sunset provisions for the governing board of the
Texas School for the Blind and the Visually Impaired, the governing board
of the Texas School for the Deaf, the Real Estate Research Center, the
Capital Metropolitan Transportation Authority, Corpus Christi Regional
Transit Authority, Harris County Metropolitan Rapid Transit Authority, and
the Dallas Area Rapid Transit Authority.