87R9081 MCK-D     By: Buckingham S.B. No. 713       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 2023 SUNSET DATE          SECTION 1.01.  PUBLIC UTILITY COMMISSION OF TEXAS. Section   12.005, Utilities Code, is amended to read as follows:          Sec. 12.005.  APPLICATION OF SUNSET ACT. The Public Utility   Commission of Texas is subject to Chapter 325, Government Code   (Texas Sunset Act). Unless continued in existence as provided by   that chapter or by Chapter 39, the commission is abolished and this   title expires September 1, 2023 [2025].          SECTION 1.02.  OFFICE OF PUBLIC UTILITY COUNSEL. Section   13.002, Utilities Code, is amended to read as follows:          Sec. 13.002.  APPLICATION OF SUNSET ACT. The Office of   Public Utility Counsel is subject to Chapter 325, Government Code   (Texas Sunset Act). Unless continued in existence as provided by   that chapter, the office is abolished and this chapter expires   September 1, 2023 [2025].   ARTICLE 2. ENTITIES GIVEN 2025 SUNSET DATE          SECTION 2.01.  TEXAS ECONOMIC DEVELOPMENT AND TOURISM   OFFICE.  Section 481.003, Government Code, is amended to read as   follows:          Sec. 481.003.  SUNSET PROVISION.  The Texas Economic   Development and Tourism 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 [2021].          SECTION 2.02.  OFFICE OF STATE-FEDERAL RELATIONS.  Section   751.003, Government Code, is amended to read as follows:          Sec. 751.003.  SUNSET PROVISION.  The Office of   State-Federal Relations 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   [2021].          SECTION 2.03.  TEXAS DEPARTMENT OF INSURANCE AND DIVISION OF   WORKERS' COMPENSATION, TEXAS DEPARTMENT OF INSURANCE. Section   31.004, Insurance Code, is amended to read as follows:          Sec. 31.004.  SUNSET PROVISION. (a)  The Texas Department   of Insurance 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, 2025 [2023].          (b)  Unless continued as provided by Chapter 325, Government   Code, the duties of the division of workers' compensation of the   Texas Department of Insurance under Title 5, Labor Code, expire   September 1, 2025 [2023], or another date designated by the   legislature.          SECTION 2.04.  OFFICE OF PUBLIC INSURANCE COUNSEL.  Section   501.003, Insurance Code, is amended to read as follows:          Sec. 501.003.  SUNSET PROVISION.  The office is subject to   Chapter 325, Government Code (Texas Sunset Act).  Unless continued   in existence as provided by that chapter, the office is abolished   September 1, 2025 [2023].          SECTION 2.05.  OFFICE OF INJURED EMPLOYEE COUNSEL.  Section   404.003, Labor Code, is amended to read as follows:          Sec. 404.003.  SUNSET PROVISION.  The office of injured   employee counsel is subject to Chapter 325, Government Code (Texas   Sunset Act).  Unless continued in existence as provided by that   chapter, the office is abolished and this chapter expires September   1, 2025 [2023].   ARTICLE 3. ENTITIES GIVEN 2029 SUNSET DATE          SECTION 3.01.  STATE BOARD OF VETERINARY MEDICAL   EXAMINERS. (a) 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 and this chapter   expires September 1, 2029 [2021].          (b)  The Sunset Advisory Commission shall conduct a   special-purpose review of the State Board of Veterinary Medical   Examiners for the 88th Legislature.  In conducting the   special-purpose review under this subsection:                (1)  the Sunset Advisory Commission staff evaluation   and report must be limited to reviewing the implementation of the   State Board of Veterinary Medical Examiners' database system and   the board's processes and procedures for collecting and analyzing   data as recommended by the commission to the 87th Legislature; and                (2)  the commission's recommendations to the 88th   Legislature may include any recommendation the commission   considers appropriate based on the special-purpose review.          (c)  The state auditor shall conduct an effectiveness audit   of the State Board of Veterinary Medical Examiners to evaluate:                (1)  the board's implementation of the data-related   recommendations made in the report on the board submitted by the   Sunset Advisory Commission to the 85th Legislature and identified   as not fully implemented in the report on the board submitted by the   commission to the 87th Legislature; and                (2)  any additional recommendation made in the Sunset   Advisory Commission's report on the special-purpose review under   Subsection (b) of this section.          (d)  The state auditor may not begin the audit required by   Subsection (c) of this section before December 1, 2023, and shall   prepare and submit a report of the findings of the audit to the   chair and executive director of the Sunset Advisory Commission not   later than December 1, 2024.          (e)  The state auditor shall include the auditor's duties   under this section in each audit plan under Section 321.013,   Government Code, that governs the auditor's duties for the period   specified by Subsection (d) of this section.   ARTICLE 4. ENTITIES GIVEN 2031 SUNSET DATE          SECTION 4.01.  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, Chapter   1102, and Chapter 1303 of this code and Chapter 221, Property Code,   expire September 1, 2031 [2025].   ARTICLE 5. ENTITIES REMOVED FROM SUNSET REVIEW          SECTION 5.01.  TEXAS LOW-LEVEL RADIOACTIVE WASTE DISPOSAL   COMPACT COMMISSION. Section 403.0054, Health and Safety Code, is   repealed.   ARTICLE 6. SUNSET REVIEW PROCESS          SECTION 6.01.  REMOTE MEETINGS. Chapter 325, Government   Code, is amended by adding Sections 325.0091 and 325.0092 to read as   follows:          Sec. 325.0091.  MEETINGS USING TELECOMMUNICATION DEVICES.   (a) As an exception to Chapter 551 and other law, if a meeting is   located in Austin and the presiding officers of the commission are   physically present at the meeting, then any number of the other   members and employees of the commission may participate in the   meeting by use of telephone conference call, video conference call,   or other similar telecommunication device.          (b)  A member attending a meeting using a telecommunication   device authorized by Subsection (a) is considered to be attending   the meeting for purposes of constituting a quorum, for purposes of   voting, and for any other purpose allowing a member of the   commission to otherwise fully participate in the meeting.          (c)  A meeting held by use of telephone conference call,   video conference call, or other similar telecommunication device:                (1)  is subject to the notice requirements applicable   to other meetings;                (2)  must specify in the notice of the meeting the   location in Austin of the meeting at which the presiding officers   will be physically present;                (3)  must be open to the public and shall be audible to   the public at the location in Austin specified in the notice of the   meeting as the location of the meeting at which the presiding   officers will be physically present; and                (4)  must provide two-way audio communication between   all members of the commission attending the meeting during the   entire meeting, and if the two-way audio communication link with   any member attending the meeting is disrupted at any time, the   meeting may not continue until the two-way audio communication link   is reestablished.          Sec. 325.0092.  MEETINGS DURING STATE OF DISASTER OR   EMERGENCY. (a) During a state of disaster or emergency declared by   the governor the commission may limit public access to the physical   location of a commission meeting.          (b)  If public access to a meeting is limited as authorized   by this section, the commission shall:                (1)  broadcast the video and audio of the meeting in   real time on the commission's Internet website; and                (2)  provide the following information in the notice of   the meeting:                      (A)  the link to the broadcast on the commission's   Internet website; and                      (B)  a description of the manner in which the   public will be able to participate in the meeting, including:                            (i)  any health and safety protocols the   commission imposes to attend the meeting; and                            (ii)  any procedures for a member of the   public to:                                  (a)  testify electronically or in   person at the meeting; or                                  (b)  electronically submit public   comments without testifying.          (c)  If the commission invites witnesses to testify at a   meeting to which public access is limited under this section, the   commission shall make a reasonable effort to invite witnesses   representing different viewpoints on the matters to be considered   at the meeting.          SECTION 6.02.  PROCEDURES DURING DECLARED DISASTER. Section   325.0125(b), Government Code, is amended to read as follows:          (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] 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 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, 2021.