ART. 5429K. SUNSET ACT SHORT TITLE Section 1.01. This Act may be cited as the Texas Sunset Act. DEFINITIONS Sec. 1.02. In this Act: (1) "State agency" means: (A) an agency that is expressly made subject to this Act; or (B) a department, commission, board, or other agency (except a university system or an institution of higher education as defined in Section 61.003, Texas Education Code, as amended) that: (i) is created by statute after January 1, 1977; (ii) is part of any branch of state government; and (iii) has authority that is not limited to a geographical portion of the state. (2) "Advisory committee" means a committee, council, commission, or other entity created by or pursuant to state law whose primary function is to advise a state agency. (3) "Commission" means the Sunset Advisory Commission. SUNSET ADVISORY COMMISSION Sec. 1.03. (a) The Sunset Advisory Commission is created. (b) The commission is composed of four members of the senate appointed by the lieutenant governor and four members of the house appointed by the speaker of the house. Each appointing authority may designate himself as one of the four appointees. (c) Members appointed by the lieutenant governor and the speaker of the house serve four-year terms, with terms staggered so that the terms of one-half of the membership from each house expire every two years. When making the initial appointments, the lieutenant governor and the speaker of the house shall determine which of their respective appointees serve two-year terms and which serve four-year terms. If the lieutenant governor or the speaker serves on the commission, he continues to serve until resignation from the commission or until he ceases to hold the office. (d) Once a person has served six years on the commission, he is not eligible for appointment to another term or part of a term. A member who has served more than half of a full term may not be appointed to an immediately succeeding term. These restrictions do not apply to the lieutenant governor or the speaker of the house. (e) Each appointing authority shall make his appointments to the commission as soon as possible after final adjournment of the regular session. (f) A member of the commission vacates his position on the commission when he ceases to be a member of the house from which he was appointed. (g) A vacancy on the commission shall be filled for the unexpired part of the term in the same manner as the original appointment. (h) The members of the commission elect a chairman every two years from among their members. The chairmanship must alternate between the house and senate. (i) A quorum shall consist of at least six members, three of whom must be appointees of the lieutenant governor, and three of whom must be appointees of the speaker of the house. No final action or recommendation may be made unless approved by a record vote of a majority of the full membership of the appointees of the lieutenant governor and of the appointees of the speaker of the house. (j) Each member of the commission is entitled to reimbursement from the appropriate fund of the member's respective house for the expenses he actually and necessarily incurs in performing the duties of the commision. STAFF Sec. 1.04. (a) The personnel of the Performance and Evaluation Section, or its successor, of the Legislative Budget Board shall serve as the staff of the commission. (b) In addition to the staff provided for under Subsection (a) of this section, the commission may employ other persons authorized by appropriations and necessary for administering the provisions of this Act. REPORT ON ADVISORY COMMITTEES Sec. 1.05. Before October 30 of each calendar year, each state agency shall file an annual report with the Secretary of State to register all of its advisory committees and report the following information regarding the agency's advisory committees: (1) the official names of the advisory committees; (2) the statutory authority, if any, for the advisory committees; (3) the advisory committees' objectives and functions; (4) the period of time necessary for the advisory committees to carry out their objectives; (5) a reference to the reports that the advisory committees have presented to the agency; (6) the names and occupations of the current members of the advisory committees; and (7) other available information that will assist the staff and the commission to determine the need for continuing the advisory committees. AGENCY REPORT TO COMMISSION Sec. 1.06. Before October 30 of the odd-numbered year before the year a state agency is abolished according to this Act, the agency shall report to the commission: (1) information regarding the application to the agency of the criteria in Section 1.10 of this Act; (2) information specified in Section 1.05 of this Act regarding each of the agency's advisory committees; and (3) any other information that the agency considers appropriate or that is requested by the commission. COMMISSION DUTIES Sec. 1.07. Before June 1 of the even-numbered year before the year a state agency and its advisory committees are abolished according to this Act, the commission shall: (1) review and take action necessary to verify the reports submitted by the agency under Section 1.06 of this Act; (2) consult the Legislative Budget Board, the Governor's Budget and Planning Office, the state auditor, and the comptroller of public accounts, or their successors, on the application to the agency of the criteria provided in Section 1.10 of this Act; and (3) conduct a performance evaluation of the agency based on the criteria provided in Section 1.10 of this Act and prepare a written report, which is a public record. PUBLIC HEARINGS Sec. 1.08. Between June 1 and November 1 of the calendar year before the year a state agency and its advisory committees are abolished according to this Act, the commission shall conduct public hearings on but not limited to the application to the agency of the criteria provided in Section 1.10 of this Act, except that the commission may hold the public hearings before June 1 if the evaluation required by Section 1.07(3) of this Act has been completed and made available to the public. COMMISSION REPORT Sec. 1.09. Before December 15 of the calendar year before the year a state agency and its advisory committees are abolished according to this Act, the commission shall present to the legislature and the governor a report on the agency and its advisory committees. In the report the commission shall include its specific findings with regard to each of the criteria set forth in Section 1.11 of this Act, its recommendations based on the matters set forth in Section 1.10 of this Act, and other information considered necessary by the commission for a complete evaluation of the agency. CRITERIA FOR REVIEW Sec. 1.10. The staff and the commission shall consider the following criteria in determining whether a public need exists for the continuation of a state agency or its advisory committees or for the performance of the functions of the agency or its advisory committees: (1) the efficiency with which the agency or advisory committee operates; (2) an identification of the objectives intended for the agency or advisory committee and the problem or need which the agency or advisory committee was intended to address, the |