85R6377 MTB-D     By: Phillips H.B. No. 1397       A BILL TO BE ENTITLED   AN ACT   relating to the creation of the Joint Committee to Review the Sunset   Advisory Commission.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle C, Title 3, Government Code, is amended   by adding Chapter 327 to read as follows:   CHAPTER 327. JOINT COMMITTEE TO REVIEW THE SUNSET ADVISORY   COMMISSION          Sec. 327.001.  DEFINITIONS. In this chapter:                (1)  "Committee" means the Joint Committee to Review   the Sunset Advisory Commission.                (2)  "Executive head of a state agency" means the   director, executive director, commissioner, administrator, chief   clerk, or other individual who is appointed by the governing body or   highest officer of the state agency to act as the chief executive or   administrative officer of the agency.          Sec. 327.002.  JOINT COMMITTEE TO REVIEW THE SUNSET ADVISORY   COMMISSION. (a) The Joint Committee to Review the Sunset Advisory   Commission consists of:                (1)  three members of the senate and one public member   appointed by the lieutenant governor;                (2)  three members of the house of representatives and   one public member appointed by the speaker of the house; and                (3)  two executive heads of state agencies and one   public member appointed by the governor.          (b)  The lieutenant governor and the speaker of the house may   serve as one of the legislative appointees.          (c)  A public member of the committee may not concurrently be   serving as a member of the Sunset Advisory Commission.          (d)  Not more than one legislative member of the committee   from each house may concurrently be serving as a member of the   Sunset Advisory Commission.          (e)  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.          (f)  The lieutenant governor shall designate one of the   committee members appointed by the lieutenant governor to serve as   joint chair of the committee. The speaker of the house of   representatives shall designate one of the committee members   appointed by the speaker to serve as joint chair of the committee.          (g)  Each member of the committee is entitled to   reimbursement for actual and necessary expenses incurred in   performing committee duties. Each legislative member is entitled to   reimbursement from the appropriate fund of the member's respective   house. Each public member and committee member appointed by the   governor is entitled to reimbursement from funds appropriated to   the committee.          Sec. 327.003.  STAFF.  The committee shall employ persons   necessary to carry out this chapter through funds made available by   the legislature.          Sec. 327.004.  COMMITTEE DUTIES. Before December 1, 2018,   the committee shall consider whether a public need exists for the   continuation of the Sunset Advisory Commission.  In making the   determination, the committee shall consider:                (1)  the efficiency and effectiveness with which the   commission operates, including the cost of maintaining the   commission and its staff as well as any savings realized by the work   of the commission;                (2)  the mission and goals intended for the commission   and the problem or need that the commission was intended to address;                (3)  the extent to which the commission's mission and   goals have been achieved and the problem or need has been addressed;                (4)  the commission's activities that are authorized by   statute and any other commission activity and authority for those   activities and the extent to which those activities are needed;                (5)  whether less restrictive or alternative methods of   performing any function that the commission performs could   adequately protect or provide service to the public; and                (6)  an assessment of the commission's rulemaking   processes and the extent to which the commission has encouraged   participation by the public in making its decisions and the extent   to which the public participation has resulted in rules that   benefit the public.          Sec. 327.005.  REPORT TO LEGISLATURE. (a) Not later than   December 1, 2018, the committee shall report its findings to the   legislature.          (b)  In its report to the legislature, the committee shall:                (1)  make recommendations on the abolition,   continuation, or reorganization of the Sunset Advisory Commission   and on the need for the performance of the functions of the   commission; and                (2)  make recommendations to improve the operations of   the Sunset Advisory Commission and its governing body, including   management recommendations that do not require a change in the   commission's enabling statute.          (c)  The committee shall include the estimated fiscal impact   of its recommendations and may recommend appropriation levels for   the Sunset Advisory Commission.          Sec. 327.006.  SUBPOENA POWER. (a) The committee 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 committee proceedings. The process may be   served on a witness at any place in this state.          (b)  If a majority of the committee directs the issuance of a   subpoena, a joint chair shall issue the subpoena in the name of the   committee.          (c)  If both joint chairs are absent, a designee of one of the   joint chairs may issue a subpoena or other process in the same   manner as the joint chair.          (d)  If necessary to obtain compliance with a subpoena or   other process, the committee 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 committee proceeding under   process is entitled to the same mileage and per diem as a witness   who appears before a grand jury in this state.          Sec. 327.007.  ASSISTANCE OF AND ACCESS TO STATE AGENCIES.   (a) The committee may request the assistance of state agencies and   officers. When assistance is requested, a state agency or officer   shall assist the committee.          (b)  In carrying out its functions under this chapter, the   committee or its designated staff member may inspect the records,   documents, and files of any state agency.          Sec. 327.008.  RECORDS PROTECTED FROM DISCLOSURE. (a) A   working paper, including all documentary or other information,   prepared or maintained by the committee 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 committee receives in connection   with the performance of the committee's functions under this   chapter or another law remains confidential and is excepted from   the public disclosure requirements of Section 552.021.          Sec. 327.009.  EXPIRATION. This chapter expires January 1,   2019.          SECTION 2.  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, 2017.