2005 Texas Government Code CHAPTER 325. SUNSET LAW

GOVERNMENT CODE

CHAPTER 325. SUNSET LAW


	§ 325.001. SHORT TITLE.  This chapter may be cited as the 
Texas Sunset Act.

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.                    


	§ 325.002. DEFINITIONS.  In this chapter:                                   
		(1)  "State agency" means an agency expressly made 
subject to this chapter. 
		(2)  "Advisory committee" means a committee, council, 
commission, or other entity created under state law whose primary 
function is to advise a state agency.
		(3)  "Commission" means the Sunset Advisory 
Commission.                     

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 1008, § 1, 2, eff. Sept. 1, 1987;  
Acts 1987, 70th Leg., ch. 167, § 2.12(a), eff. Sept. 1, 1987;  
Acts 1989, 71st Leg., ch. 196, § 1, eff. Aug. 28, 1989.


	§ 325.003. SUNSET ADVISORY COMMISSION.  (a) The Sunset 
Advisory Commission consists of five members of the senate and one 
public member appointed by the lieutenant governor and five members 
of the house of representatives and one public member appointed by 
the speaker of the house.  Each appointing authority may designate 
himself as one of the legislative appointees.
	(b)  An individual is not eligible for appointment as a 
public member if the individual or the individual's spouse is:
		(1)  regulated by a state agency that the commission 
will review during the term for which the individual would serve;  
or
		(2)  employed by, participates in the management of, or 
directly or indirectly has more than a 10 percent interest in a 
business entity or other organization regulated by a state agency 
the commission will review during the term for which the individual 
would serve.
	(c)  It is a ground for removal of a public member from the 
commission if the member does not have the qualifications required 
by Subsection (b) for appointment to the commission at the time of 
appointment or does not maintain the qualifications while serving 
on the commission.  The validity of the commission's action is not 
affected by the fact that it was taken when a ground for removal of a 
public member from the commission existed.
	(d)  Legislative members serve four-year terms, with terms 
staggered so that the terms of as near to one-half of the 
legislative members appointed by the lieutenant governor as 
possible and the terms of as near to one-half of the legislative 
members appointed by the speaker as possible expire September 1 of 
each odd-numbered year.  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.  Public 
members serve two-year terms expiring September 1 of each 
odd-numbered year.
	(e)  Members other than the lieutenant governor and the 
speaker are subject to the following restrictions:
		(1)  after an individual serves six years on the 
commission, the individual is not eligible for appointment to 
another term or part of a term;
		(2)  a legislative member who serves more than half of a 
full term may not be appointed to an immediately succeeding term;  
and
		(3)  a public member may not serve more than two 
consecutive terms, and, for purposes of this prohibition, a member 
is considered to have served a term only if the member has served 
more than half of the term.
	(f)  The lieutenant governor and speaker shall make their 
appointments before September 1 of each odd-numbered year.
	(g)  If a legislative member ceases to be a member of the 
house from which he was appointed, the member vacates his 
membership on the commission.
	(h)  If a vacancy occurs, the appropriate appointing 
authority shall appoint a person to serve for the remainder of the 
unexpired term in the same manner as the original appointment.
	(i)  The commission shall have a chairman and vice-chairman 
as presiding officers.  The chairmanship and vice-chairmanship must 
alternate every two years between the two membership groups 
appointed by the lieutenant governor and the speaker.  The chairman 
and vice-chairman may not be from the same membership group.  The 
lieutenant governor shall designate a presiding officer from his 
appointed membership group and the speaker shall designate the 
other presiding officer from his appointed membership group.
	(j)  Seven members of the commission constitute a quorum.  A 
final action or recommendation may not be made unless approved by a 
record vote of a majority of the commission's full membership.
	(k)  Each member of the commission is entitled to 
reimbursement for actual and necessary expenses incurred in 
performing commission duties.  Each legislative member is entitled 
to reimbursement from the appropriate fund of the member's 
respective house.  Each public member is entitled to reimbursement 
from funds appropriated to the commission.

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 1008, § 2, eff. Sept. 1, 1987;  Acts 
2003, 78th Leg., 3rd C.S., ch. 3, § 6.17, eff. Jan. 11, 2004.


	§ 325.004. STAFF.  (a) The commission shall employ an 
executive director to act as the executive head of the commission.
	(b)  The executive director shall employ persons necessary 
to carry out this chapter through funds made available by the 
legislature.
	(c)  The chairman and vice-chairman of the commission may 
each employ a staff to work for them on matters related to 
commission activities.

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.                    


	§ 325.005. RULES.  The commission shall adopt rules 
necessary to carry out this chapter.

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.                    


	§ 325.007. AGENCY REPORT TO COMMISSION.  Before October 
30 of the odd-numbered year before the year in which a state agency 
subject to this chapter is abolished, 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.

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 1008, § 3, eff. Sept. 1, 1987.


	§ 325.008. COMMISSION DUTIES.  (a) Before September 1 of 
the even-numbered year before the year in which a state agency 
subject to this chapter and its advisory committees are abolished, 
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 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 
325.011;
		(3)  conduct a performance evaluation 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.
	(b)  The written report prepared by the commission under 
Subsection (a)(3) is a public record.
	(c)  Work performed under this section by the state auditor 
is subject to approval by the legislative audit committee for 
inclusion in the audit plan under Section 321.013(c).

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 2003, 78th Leg., ch. 785, § 6, eff. Sept. 1, 2003.


	§ 325.009. PUBLIC HEARINGS.  (a) Between September 1 and 
December 1 of the calendar year before the year a state agency 
subject to this chapter and its advisory committees are abolished, 
the commission shall conduct public hearings concerning but not 
limited to the application to the agency of the criteria provided in 
Section 325.011.
	(b)  The commission may hold the public hearings before 
September 1 if the evaluation of the agency required by Section 
325.008(a)(3) is complete and available to the public.

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.                    


	§ 325.010. COMMISSION REPORT.  (a) At each regular 
legislative session, the commission shall present to the 
legislature and the governor a report on the agencies and advisory 
committees scheduled to be abolished.
	(b)  In the report the commission shall include:                               
		(1)  its specific findings regarding each of the 
criteria prescribed by Section 325.011;
		(2)  its recommendations based on the matters 
prescribed by Section 325.012;  and
		(3)  other information the commission considers 
necessary for a complete evaluation of the agency.

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.                    


	§ 325.011. CRITERIA FOR REVIEW.  The commission and its 
staff 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 that the 
agency or advisory committee was intended to address, the extent to 
which the objectives have been achieved, and any activities of the 
agency in addition to those granted by statute and the authority for 
these activities;
		(3)  an assessment of less restrictive or alternative 
methods of performing any regulation that the agency performs that 
could adequately protect the public;
		(4)  the extent to which the advisory committee is 
needed and is used;      
		(5)  the extent to which the jurisdiction of the agency 
and the programs administered by the agency overlap or duplicate 
those of other agencies and the extent to which the programs 
administered by the agency can be consolidated with the programs of 
other state agencies;
		(6)  whether the agency has recommended to the 
legislature statutory changes calculated to be of benefit to the 
public rather than to an occupation, business, or institution that 
the agency regulates;
		(7)  the promptness and effectiveness with which the 
agency disposes of complaints concerning persons affected by the 
agency;
		(8)  the extent to which the agency has encouraged 
participation by the public in making its rules and decisions as 
opposed to participation solely by those it regulates and the 
extent to which the public participation has resulted in rules 
compatible with the objectives of the agency;
		(9)  the extent to which the agency has complied with 
applicable requirements of:
			(A)  an agency of the United States or of this 
state regarding equality of employment opportunity and the rights 
and privacy of individuals;  and
			(B)  state law and applicable rules of any state 
agency regarding purchasing goals and programs for historically 
underutilized businesses;
		(10)  the extent to which changes are necessary in the 
enabling statutes of the agency so that the agency can adequately 
comply with the criteria listed in this section;
		(11)  the extent to which the agency issues and 
enforces rules relating to potential conflicts of interest of its 
employees;
		(12)  the extent to which the agency complies with 
Chapters 551 and 552 and follows records management practices that 
enable the agency to respond efficiently to requests for public 
information;  and
		(13)  the effect of federal intervention or loss of 
federal funds if the agency is abolished.

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1995, 74th Leg., ch. 76, § 5.95(83), (94), eff. Sept. 1, 
1995;  Acts 1999, 76th Leg., ch. 1319, § 33, eff. Sept. 1, 1999;  
Acts 1999, 76th Leg., ch. 1499, § 1.06, eff. Sept. 1, 1999.


	§ 325.012. RECOMMENDATIONS.  (a) In its report on a state 
agency, the commission shall:
		(1)  make recommendations on the abolition, 
continuation, or reorganization of each affected state agency and 
its advisory committees and on the need for the performance of the 
functions of the agency and its advisory committees;
		(2)  make recommendations on the consolidation, 
transfer, or reorganization of programs within state agencies not 
under review when the programs duplicate functions performed in 
agencies under review;
		(3)  recommend appropriation levels for each state 
agency and advisory committee for which abolition or reorganization 
is recommended under Subdivision (1) or (2);  and
		(4)  include drafts of legislation necessary to carry 
out the commission's recommendations under Subdivisions (1) and 
(2).
	(b)  On the date the commission presents its report to the 
legislature under Section 325.010, the commission shall present to 
the state auditor the commission's recommendations that do not 
require a statutory change to be put into effect.  Based on a risk 
assessment and subject to the legislative audit committee's 
approval of including the examination in the audit plan under 
Section 321.013, the state auditor may examine the recommendations 
and include as part of the next approved audit of the agency a 
report on whether the agency has implemented the recommendations 
and, if so, in what manner.

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1987, 70th Leg., ch. 1008, § 4, eff. Sept. 1, 1987;  Acts 
2003, 78th Leg., ch. 785, § 7, eff. Sept. 1, 2003.


	§ 325.0125. REVIEW OF CERTAIN AGENCIES.  (a) In the 
two-year period preceding the date scheduled for the abolition 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 evaluations.
	(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.
	(c)  The commission's action in exempting agencies under 
this section must be done by an affirmative record vote of all 
members of the commission.

Added by Acts 1987, 70th Leg., ch. 1008, § 5, eff. Sept. 1, 1987.          


	§ 325.0126. MONITORING OF RECOMMENDATIONS.  During each 
legislative session, the staff of the commission shall monitor 
legislation affecting agencies that have undergone sunset review 
and shall periodically report to the members of the commission on 
proposed changes which would modify prior recommendations of the 
commission.

Added by Acts 1987, 70th Leg., ch. 1008, § 6, eff. Sept. 1, 1987.          


	§ 325.013. ABOLITION OF ADVISORY COMMITTEES.  An advisory 
committee, the primary function of which is to advise a particular 
state agency, is abolished on the date set for abolition of the 
agency unless the advisory committee is expressly continued by law.

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.                    


	§ 325.015. CONTINUATION BY LAW.  (a) During the regular 
session immediately before the abolition of a state agency or an 
advisory committee that is subject to this chapter, the legislature 
by law may continue the agency or advisory committee for a period 
not to exceed 12 years.
	(b)  This chapter does not prohibit the legislature from:                      
		(1)  terminating a state agency or advisory committee 
subject to this chapter at a date earlier than that provided in this 
chapter;  or
		(2)  considering any other legislation relative to a 
state agency or advisory committee subject to this chapter.

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.                    


	§ 325.016. LEGISLATIVE CONSIDERATION.  (a) Except as 
provided by Subsection (b), the legislature may not consider in one 
bill the continuation, transfer, or modification of more than one 
state agency and the agency's functions and advisory committees.
	(b)  If more than one agency, advisory committee, or function 
is to be consolidated, the legislature may consider in one bill only 
the agencies or advisory committees to be consolidated.
	(c)  A bill to continue a state agency, to transfer its 
functions, or to consolidate it with another agency must mention 
the affected agencies in the title of the bill.

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.                    


	§ 325.017. PROCEDURE AFTER TERMINATION.  (a) A state 
agency that is abolished in an odd-numbered year may continue in 
existence until September 1 of the following year to conclude its 
business.  Unless the law provides otherwise, abolishment does not 
reduce or otherwise limit the powers and authority of the state 
agency during the concluding year.  A state agency is terminated and 
shall cease all activities at the expiration of the one-year 
period.  Unless the law provides otherwise, all rules that have been 
adopted by the state agency expire at the expiration of the one-year 
period.
	(b)  Any unobligated and unexpended appropriations of an 
abolished agency or advisory committee lapse on September 1 of the 
even-numbered year after abolishment.
	(c)  Except as provided by Subsection (f) or as otherwise 
provided by law, all money in a dedicated fund of an abolished state 
agency or advisory committee on September 1 of the even-numbered 
year after abolishment is transferred to the General Revenue Fund.  
The part of the law dedicating the money to a specific fund of an 
abolished agency becomes void on September 1 of the even-numbered 
year after abolishment.
	(d)  Unless the law or a rider in the General Appropriations 
Act provides otherwise, an abolished state agency or advisory 
committee funded in the General Appropriations Act for both years 
of the biennium may not spend or obligate any of the money 
appropriated to it for the second year of the biennium.
	(e)  Unless the governor designates an appropriate state 
agency as prescribed by Subsection (f), property and records in the 
custody of an abolished state agency or advisory committee on 
September 1 of the even-numbered year after abolishment shall be 
transferred to the State Purchasing and General Services 
Commission.  If the governor designates an appropriate state 
agency, the property and records shall be transferred to the 
designated state agency.
	(f)  The legislature recognizes the state's continuing 
obligation to pay bonded indebtedness and all other obligations, 
including lease, contract, and other written obligations, incurred 
by a state agency abolished under this chapter, and this chapter 
does not impair or impede the payment of bonded indebtedness and all 
other obligations, including lease, contract, and other written 
obligations, in accordance with their terms.  If an abolished state 
agency has outstanding bonded indebtedness or other outstanding 
obligations, including lease, contract, and other written 
obligations, the bonds and all other obligations, including lease, 
contract, and other written obligations, remain valid and 
enforceable in accordance with their terms and subject to all 
applicable terms and conditions of the laws and proceedings 
authorizing the bonds and all other obligations, including lease, 
contract, and other written obligations.  The governor shall 
designate an appropriate state agency that shall continue to carry 
out all covenants contained in the bonds and in all other 
obligations, including lease, contract, and other written 
obligations, and the proceedings authorizing them, including the 
issuance of bonds, and the performance of all other obligations, 
including lease, contract, and other written obligations, to 
complete the construction of projects or the performance of other 
obligations, including lease, contract, and other written 
obligations.  The designated state agency shall provide payment 
from the sources of payment of the bonds in accordance with the 
terms of the bonds and shall provide payment from the sources of 
payment of all other obligations, including lease, contract, and 
other written obligations, in accordance with their terms, whether 
from taxes, revenues, or otherwise, until the bonds and interest on 
the bonds are paid in full and all other obligations, including 
lease, contract, and other written obligations, are performed and 
paid in full.  If the proceedings so provide, all funds established 
by laws or proceedings authorizing the bonds or authorizing other 
obligations, including lease, contract, and other written 
obligations, shall remain with the comptroller or the previously 
designated trustees.  If the proceedings do not provide that the 
funds remain with the comptroller or the previously designated 
trustees, the funds shall be transferred to the designated state 
agency.

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.  Amended 
by Acts 1991, 72nd Leg., ch. 582, § 13, eff. Sept. 1, 1991;  Acts 
1997, 75th Leg., ch. 1423, § 8.05, eff. Sept. 1, 1997;  Acts 
2001, 77th Leg., ch. 639, § 1, eff. Sept. 1, 2001.


	§ 325.018. SUBPOENA POWER.  (a) The commission may issue 
process to compel the attendance of witnesses and the production of 
books, records, papers, and other objects necessary or proper for 
the purposes of the commission proceedings.  The process may be 
served on a witness at any place in this state.
	(b)  If a majority of the commission directs the issuance of 
a subpoena, the chairman shall issue the subpoena in the name of the 
commission.
	(c)  If the chairman is absent, the chairman's designee may 
issue a subpoena or other process in the same manner as the 
chairman.
	(d)  If necessary to obtain compliance with a subpoena or 
other process, the commission may issue attachments.  The 
attachments may be addressed to and served by any peace officer in 
this state.
	(e)  Testimony taken under subpoena must be reduced to 
writing and given under oath subject to the penalties of perjury.
	(f)  A witness who attends a commission proceeding under 
process is entitled to the same mileage and per diem as a witness 
who appears before a grand jury in this state.

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.                    


	§ 325.019. ASSISTANCE OF AND ACCESS TO STATE 
AGENCIES.  (a) The commission may request the assistance of state 
agencies and officers.  When assistance is requested, a state 
agency or officer shall assist the commission.
	(b)  In carrying out its functions under this chapter, the 
commission or its designated staff member may inspect the records, 
documents, and files of any state agency.

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.                    


	§ 325.0195. RECORDS PROTECTED FROM DISCLOSURE.  (a) A 
working paper, including all documentary or other information, 
prepared or maintained by the commission staff in performing its 
duties under this chapter or other law to conduct an evaluation and 
prepare a report is excepted from the public disclosure 
requirements of Section 552.021.
	(b)  A record held by another entity that is considered to be 
confidential by law and that the commission receives in connection 
with the performance of the commission's functions under this 
chapter or another law remains confidential and is excepted from 
the public disclosure requirements of Section 552.021.

Acts 2003, 78th Leg., ch. 1112, § 7.01, eff. Sept. 1, 2003.                


	§ 325.020. RELOCATION OF EMPLOYEES.  If an employee is 
displaced because a state agency or its advisory committee is 
abolished, reorganized, or continued, the state agency and the 
Texas Employment Commission shall make a reasonable effort to 
relocate the displaced employee.

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.                    


	§ 325.021. SAVING PROVISION.  Except as otherwise 
expressly provided, abolition of a state agency does not affect 
rights and duties that matured, penalties that were incurred, civil 
or criminal liabilities that arose, or proceedings that were begun 
before the effective date of the abolition.

Acts 1985, 69th Leg., ch. 479, § 1, eff. Sept. 1, 1985.                    


	§ 325.022. REVIEW OF PROPOSED LEGISLATION CREATING 
REGULATORY AGENCY.  (a) Each bill filed in a house of the 
legislature that would create a new state agency having regulatory 
authority or a new advisory committee to a state agency having 
regulatory authority shall be forwarded to the commission.
	(b)  The commission shall review the bill to determine if:                     
		(1)  the proposed regulatory and other functions of the 
agency or committee could be administered by one or more existing 
state agencies or advisory committees;
		(2)  the form of regulation, if any, proposed by the 
bill is the least restrictive form of regulation that will 
adequately protect the public;
		(3)  the bill provides for adequate public input 
regarding any regulatory function proposed by the bill;  and
		(4)  the bill provides for adequate protection against 
conflicts of interest within the agency or committee.
	(c)  After reviewing the bill, the commission shall forward a 
written comment on the legislation to the author of the bill and to 
the presiding officer of the committee to which the bill is 
referred.

Added by Acts 1987, 70th Leg., ch. 167, § 2.13(a), eff. Sept. 1, 
1987.   


	§ 325.024. GIFTS AND GRANTS.  (a) The commission may 
accept gifts, grants, and donations from any organization described 
in Section 501(c)(3) of the Internal Revenue Code for the purpose of 
funding any activity under this chapter.
	(b)  All gifts, grants, and donations must be accepted in an 
open meeting by a majority of the voting members of the commission 
and reported in the public record of the commission with the name of 
the donor and purpose of the gift, grant, or donation.

Added by Acts 1987, 70th Leg., ch. 617, § 6, eff. Sept. 1, 1987.