88R13462 MCK-D     By: Schwertner S.B. No. 1659       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 2025 SUNSET DATE          SECTION 1.01.  TEXAS CIVIL COMMITMENT OFFICE. Section   420A.004, Government Code, is amended to read as follows:          Sec. 420A.004.  SUNSET PROVISION. The Texas Civil   Commitment Office is subject to Chapter 325 (Texas Sunset Act).   Unless continued in existence as provided by that chapter, the   office is abolished and this chapter expires September 1, 2025   [2027].   ARTICLE 2.  ENTITIES GIVEN 2029 SUNSET DATE          SECTION 2.01.  TEXAS EDUCATION AGENCY. Section 7.004(a),   Education Code, is amended to read as follows:          (a)  The Texas Education Agency is subject to Chapter 325,   Government Code (Texas Sunset Act). Unless continued in existence   as provided by that chapter, the agency is abolished September 1,   2029 [2027].          SECTION 2.02.  EXPANDED LEARNING OPPORTUNITIES COUNCIL.   Section 33.254, Education Code, is amended to read as follows:          Sec. 33.254.  SUNSET PROVISION. The council is subject to   Chapter 325, Government Code (Texas Sunset Act). Unless continued   in existence as provided by that chapter, the council is abolished   and this subchapter expires September 1, 2029 [2027].          SECTION 2.03.  TEXAS HIGHER EDUCATION COORDINATING BOARD.   Section 61.0211, Education Code, is amended to read as follows:          Sec. 61.0211.  SUNSET PROVISION. The Texas Higher Education   Coordinating Board is subject to Chapter 325, Government Code   (Texas Sunset Act). Unless continued in existence as provided by   that chapter, the board is abolished and this chapter expires   September 1, 2029 [2025].          SECTION 2.04.  STATE COMMISSION ON JUDICIAL CONDUCT.   Section 33.003, Government Code, is amended to read as follows:          Sec. 33.003.  SUNSET PROVISION. The State Commission on   Judicial Conduct is subject to review under Chapter 325 (Texas   Sunset Act), but is not abolished under that chapter. The   commission shall be reviewed during the period in which state   agencies abolished in 2029 [2025], and every 12th year after that   year, are reviewed.          SECTION 2.05.  JUDICIAL BRANCH CERTIFICATION COMMISSION.   Section 152.001, Government Code, is amended to read as follows:          Sec. 152.001.  SUNSET PROVISION. The Judicial Branch   Certification Commission is subject to Chapter 325 (Texas Sunset   Act), but is not abolished under that chapter. The commission shall   be reviewed during the period in which state agencies abolished in   2029 [2025], and every 12th year after that year, are reviewed.          SECTION 2.06.  STATE PRESERVATION BOARD. Section 443.002,   Government Code, is amended to read as follows:          Sec. 443.002.  SUNSET PROVISION. The State Preservation   Board is subject to Chapter 325 (Texas Sunset Act). Unless   continued in existence as provided by that chapter, the board is   abolished and this chapter expires September 1, 2029 [2025].          SECTION 2.07.  TEXAS LOTTERY COMMISSION. Section 467.002,   Government Code, is amended to read as follows:          Sec. 467.002.  APPLICATION OF SUNSET ACT. The commission is   subject to Chapter 325 (Texas Sunset Act). Unless continued in   existence as provided by that chapter, the commission is abolished   and this chapter, Chapter 466 of this code, and Chapter 2001,   Occupations Code, expire September 1, 2029 [2025].          SECTION 2.08.  STATE PENSION REVIEW BOARD. Section 801.107,   Government Code, is amended to read as follows:          Sec. 801.107.  SUNSET PROVISION. The State Pension Review   Board is subject to Chapter 325 (Texas Sunset Act). Unless   continued in existence as provided by that chapter, the board is   abolished and this chapter expires September 1, 2029 [2025].          SECTION 2.09.  TEXAS PUBLIC FINANCE AUTHORITY. Section   1232.072, Government Code, is amended to read as follows:          Sec. 1232.072.  SUNSET PROVISION. The Texas Public Finance   Authority is subject to Chapter 325 (Texas Sunset Act). Unless   continued in existence as provided by that chapter, the authority   is abolished and this chapter expires September 1, 2029 [2027].          SECTION 2.10.  DEPARTMENT OF INFORMATION RESOURCES. Section   2054.005, Government Code, is amended to read as follows:          Sec. 2054.005.  SUNSET PROVISION. [(a)]  The Department of   Information Resources is subject to Chapter 325 (Texas Sunset Act).   Unless continued in existence as provided by that chapter, the   department is abolished and this chapter expires September 1, 2029   [2025].          SECTION 2.11.  TEXAS FACILITIES COMMISSION. Section   2152.002, Government Code, is amended to read as follows:          Sec. 2152.002.  SUNSET PROVISION. The Texas Facilities   Commission is subject to Chapter 325 (Texas Sunset Act). Unless   continued in existence as provided by that chapter, the commission   is abolished and this subtitle, except for Chapter 2170 and Section   2157.121, expires September 1, 2029 [2027].          SECTION 2.12.  TEXAS STATE AFFORDABLE HOUSING CORPORATION.   Section 2306.5521, Government Code, is amended to read as follows:          Sec. 2306.5521.  SUNSET PROVISION. The Texas State   Affordable Housing Corporation is subject to Chapter 325 (Texas   Sunset Act). Unless continued in existence as provided by that   chapter, the corporation is abolished and this subchapter expires   September 1, 2029 [2027].          SECTION 2.13.  COMMISSION ON STATE EMERGENCY   COMMUNICATIONS. Section 771.032, Health and Safety Code, is   amended to read as follows:          Sec. 771.032.  APPLICATION OF SUNSET ACT. The Commission on   State Emergency Communications is subject to Chapter 325,   Government Code (Texas Sunset Act). Unless continued in existence   as provided by that chapter, the commission is abolished and this   chapter expires September 1, 2029 [2027].   ARTICLE 3.  ENTITIES GIVEN 2033 SUNSET DATE          SECTION 3.01.  PEDIATRIC ACUTE-ONSET NEUROPSYCHIATRIC   SYNDROME ADVISORY COUNCIL. Section 119A.009, Health and Safety   Code, is amended to read as follows:          Sec. 119A.009.  SUNSET PROVISION. The Pediatric Acute-Onset   Neuropsychiatric Syndrome Advisory Council is subject to Chapter   325, Government Code (Texas Sunset Act). Unless continued in   existence as provided by that chapter, the advisory council is   abolished and this chapter expires September 1, 2033 [2031].          SECTION 3.02.  TEXAS MEDICAL BOARD. Section 151.004,   Occupations Code, is amended to read as follows:          Sec. 151.004.  APPLICATION OF SUNSET ACT. The Texas Medical   Board is subject to Chapter 325, Government Code (Texas Sunset   Act). Unless continued in existence as provided by that chapter,   the board is abolished and this subtitle and Chapters 204, 205, 206,   601, 602, 603, and 604 expire September 1, 2033 [2031].          SECTION 3.03.  TEXAS BOARD OF CHIROPRACTIC EXAMINERS.   Section 201.004, Occupations Code, is amended to read as follows:          Sec. 201.004.  APPLICATION OF SUNSET ACT. The Texas Board of   Chiropractic Examiners is subject to Chapter 325, Government Code   (Texas Sunset Act). Unless continued in existence as provided by   that chapter, the board is abolished and this chapter expires   September 1, 2033 [2029].          SECTION 3.04.  STATE BOARD OF DENTAL EXAMINERS. Section   251.005, Occupations Code, is amended to read as follows:          Sec. 251.005.  APPLICATION OF SUNSET ACT. The State Board of   Dental 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 [2029].          SECTION 3.05.  TEXAS BOARD OF NURSING. Section 301.003,   Occupations Code, is amended to read as follows:          Sec. 301.003.  APPLICATION OF SUNSET ACT. The Texas Board of   Nursing 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 [2029].          SECTION 3.06.  TEXAS OPTOMETRY BOARD. Section 351.004,   Occupations Code, is amended to read as follows:          Sec. 351.004.  SUNSET PROVISION. The Texas Optometry Board   is subject to Chapter 325, Government Code (Texas Sunset Act).   Unless continued in existence as provided by that chapter, the   board is abolished and this chapter expires September 1, 2033   [2029].          SECTION 3.07.  EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND   OCCUPATIONAL THERAPY EXAMINERS. Section 452.002, Occupations   Code, is amended to read as follows:          Sec. 452.002.  APPLICATION OF SUNSET ACT. The Executive   Council of Physical Therapy and Occupational Therapy Examiners is   subject to Chapter 325, Government Code (Texas Sunset Act). Unless   continued in existence as provided by that chapter, the executive   council is abolished and the following laws expire September 1,   2033 [2029]:                (1)  this chapter;                (2)  Chapter 453; and                (3)  Chapter 454.          SECTION 3.08.  TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS.   Section 453.002, Occupations Code, is amended to read as follows:          Sec. 453.002.  APPLICATION OF SUNSET ACT. The Texas Board of   Physical Therapy Examiners is subject to Chapter 325, Government   Code (Texas Sunset Act). Unless continued in existence as provided   by that chapter, the board is abolished and this chapter expires   September 1, 2033 [2029].          SECTION 3.09.  TEXAS BOARD OF OCCUPATIONAL THERAPY   EXAMINERS. Section 454.003, Occupations Code, is amended to read   as follows:          Sec. 454.003.  APPLICATION OF SUNSET ACT. The Texas Board of   Occupational Therapy Examiners is subject to Chapter 325,   Government Code (Texas Sunset Act). Unless continued in existence   as provided by that chapter, the board is abolished and this chapter   expires September 1, 2033 [2029].          SECTION 3.10.  TEXAS BEHAVIORAL HEALTH EXECUTIVE COUNCIL.   Section 507.002, Occupations Code, is amended to read as follows:          Sec. 507.002.  APPLICATION OF SUNSET ACT. The Texas   Behavioral Health Executive Council is subject to Chapter 325,   Government Code (Texas Sunset Act). Unless continued in existence   as provided by that chapter, the executive council is abolished and   this chapter and Chapters 501, 502, 503, and 505 expire September 1,   2033 [2029].          SECTION 3.11.  TEXAS STATE BOARD OF PHARMACY. Section   551.005, Occupations Code, is amended to read as follows:          Sec. 551.005.  APPLICATION OF SUNSET ACT. The Texas State   Board of Pharmacy is subject to Chapter 325, Government Code (Texas   Sunset Act). Unless continued in existence as provided by that   chapter, the board is abolished and this subtitle expires September   1, 2033 [2029].          SECTION 3.12.  TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY.   Section 901.006, Occupations Code, is amended to read as follows:          Sec. 901.006.  APPLICATION OF SUNSET ACT. The Texas State   Board of Public Accountancy is subject to Chapter 325, Government   Code (Texas Sunset Act). Unless continued in existence as provided   by that chapter, the board is abolished and this chapter expires   September 1, 2033 [2031].          SECTION 3.13.  TEXAS BOARD OF PROFESSIONAL ENGINEERS AND   LAND SURVEYORS. Section 1001.005, Occupations Code, is amended to   read as follows:          Sec. 1001.005.  APPLICATION OF SUNSET ACT. The Texas Board   of Professional Engineers and Land Surveyors is subject to Chapter   325, Government Code (Texas Sunset Act). Unless continued in   existence as provided by that chapter, the board is abolished and   this chapter expires September 1, 2033 [2025].          SECTION 3.14.  TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS.   Section 1002.003, Occupations Code, is amended to read as follows:          Sec. 1002.003.  APPLICATION OF SUNSET ACT. The Texas Board   of Professional Geoscientists is subject to Chapter 325, Government   Code (Texas Sunset Act). Unless continued in existence as provided   by that chapter, the board is abolished and this chapter expires   September 1, 2033 [2025].          SECTION 3.15.  TEXAS BOARD OF ARCHITECTURAL EXAMINERS.   Section 1051.003, Occupations Code, is amended to read as follows:          Sec. 1051.003.  APPLICATION OF SUNSET ACT. The Texas Board   of Architectural Examiners is subject to Chapter 325, Government   Code (Texas Sunset Act). Unless continued in existence as provided   by that chapter, the board is abolished and this subtitle expires   September 1, 2033 [2025].          SECTION 3.16.  TEXAS REAL ESTATE COMMISSION. Section   1101.006, Occupations Code, is amended to read as follows:          Sec. 1101.006.  APPLICATION OF SUNSET ACT. The Texas Real   Estate Commission is subject to Chapter 325, Government Code (Texas   Sunset Act). Unless continued in existence as provided by that   chapter, the commission is abolished and this chapter and Chapter   1102 of this code and Chapter 221, Property Code, expire September   1, 2033 [2031].          SECTION 3.17.  TEXAS APPRAISER LICENSING AND CERTIFICATION   BOARD. Section 1103.006, Occupations Code, is amended to read as   follows:          Sec. 1103.006.  APPLICATION OF SUNSET ACT. The Texas   Appraiser Licensing and Certification Board is subject to Chapter   325, Government Code (Texas Sunset Act). Unless continued in   existence as provided by that chapter, the board is abolished and   this chapter and Chapter 1104 expire September 1, 2033 [2031].          SECTION 3.18.  TEXAS STATE BOARD OF PLUMBING EXAMINERS.   Section 1301.003, Occupations Code, is amended to read as follows:          Sec. 1301.003.  APPLICATION OF SUNSET ACT. The Texas State   Board of Plumbing Examiners is subject to Chapter 325, Government   Code (Texas Sunset Act). Unless continued in existence as provided   by that chapter, the board is abolished and this chapter expires   September 1, 2033 [2027].   ARTICLE 4.  ENTITIES GIVEN 2035 SUNSET DATE          SECTION 4.01.  DEPARTMENT OF AGRICULTURE. Section 11.003,   Agriculture Code, is amended to read as follows:          Sec. 11.003.  SUNSET PROVISION. The Department of   Agriculture is subject to Chapter 325, Government Code (Texas   Sunset Act).  Unless continued in existence as provided by that   chapter, the department is abolished September 1, 2035 [2033].          SECTION 4.02.  BOARD OF DIRECTORS OF THE OFFICIAL COTTON   GROWERS' BOLL WEEVIL ERADICATION FOUNDATION. Section 74.127(a),   Agriculture Code, is amended to read as follows:          (a)  The board of directors of the official cotton growers'   boll weevil eradication foundation 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,   2035 [2033].          SECTION 4.03.  TEXAS ANIMAL HEALTH COMMISSION. Section   161.027, Agriculture Code, is amended to read as follows:          Sec. 161.027.  SUNSET PROVISION. The Texas Animal Health   Commission is subject to Chapter 325, Government Code (Texas Sunset   Act).  Unless continued in existence as provided by that chapter,   the commission is abolished September 1, 2035 [2033].          SECTION 4.04.  PREPAID HIGHER EDUCATION TUITION BOARD.   Section 54.603, Education Code, is amended to read as follows:          Sec. 54.603.  SUNSET PROVISION. The Prepaid Higher   Education Tuition Board 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, 2035 [2033].          SECTION 4.05.  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, 2035 [2033].          SECTION 4.06.  TEXAS COMMISSION ON FIRE PROTECTION. Section   419.003, Government Code, is amended to read as follows:          Sec. 419.003.  SUNSET PROVISION. The Texas Commission on   Fire Protection is subject to Chapter 325 (Texas Sunset Act).   Unless continued in existence as provided by that chapter, the   commission is abolished September 1, 2035 [2033].          SECTION 4.07.  COMMISSION ON JAIL STANDARDS. Section   511.003, Government Code, is amended to read as follows:          Sec. 511.003.  SUNSET PROVISION. The Commission on Jail   Standards is subject to Chapter 325 (Texas Sunset Act). Unless   continued in existence as provided by that chapter, the commission   is abolished September 1, 2035 [2033].          SECTION 4.08.  TEACHER RETIREMENT SYSTEM OF TEXAS. Section   825.006, Government Code, is amended to read as follows:          Sec. 825.006.  SUNSET PROVISION. The board of trustees of   the Teacher Retirement System of Texas is subject to review under   Chapter 325 (Texas Sunset Act), but is not abolished under that   chapter. The board shall be reviewed during the period in which   state agencies abolished in 2035 [2033], and every 12th year after   that year, are reviewed.          SECTION 4.09.  PARKS AND WILDLIFE DEPARTMENT. Section   11.0111, Parks and Wildlife Code, is amended to read as follows:          Sec. 11.0111.  SUNSET PROVISION. The Parks and Wildlife   Department is subject to Chapter 325, Government Code (Texas Sunset   Act). Unless continued in existence as provided by that chapter,   the department is abolished September 1, 2035 [2033].          SECTION 4.10.  BRAZOS RIVER AUTHORITY. Section   8502.0021(a), Special District Local Laws Code, is amended to read   as follows:          (a)  The authority is subject to review under Chapter 325,   Government Code (Texas Sunset Act), but may not be abolished under   that chapter.  The review shall be conducted under Section 325.025,   Government Code, as if the authority were a state agency scheduled   to be abolished September 1, 2035 [2033], and every 12th year after   that year.          SECTION 4.11.  GULF COAST PROTECTION DISTRICT. Section   9502.0105(a), Special District Local Laws Code, is amended to read   as follows:          (a)  The district is subject to review under Chapter 325,   Government Code (Texas Sunset Act), but may not be abolished under   that chapter.  The review shall be conducted under Section 325.025,   Government Code, as if the authority were a state agency scheduled   to be abolished September 1, 2035 [2033], and every 12th year after   that year.   ARTICLE 5.  ENTITIES REMOVED FROM SUNSET REVIEW          SECTION 5.01.  BANDERA COUNTY RIVER AUTHORITY AND   GROUNDWATER DISTRICT. Section 1A, Chapter 629, Acts of the 62nd   Legislature, Regular Session, 1971, is repealed.   ARTICLE 6.  AMENDMENTS TO THE TEXAS SUNSET ACT          SECTION 6.01.  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 6.02.  SUNSET ADVISORY COMMISSION REVIEW OF STATE   AGENCIES NOT SUBJECT TO ABOLISHMENT. Chapter 325, Government Code,   is amended by adding Section 325.006 to read as follows:          Sec. 325.006.  REVIEW OF AGENCIES NOT SUBJECT TO   ABOLISHMENT. The provisions of this chapter relating to the review   of a state agency by the commission apply to the review of a state   agency that is not subject to abolishment in the same manner as the   provisions apply to a state agency that is subject to abolishment.   ARTICLE 7.  EFFECTIVE DATE          SECTION 7.01.  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, 2023.