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AN ACT
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relating to the governmental entities subject to the sunset review |
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process. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. ENTITIES GIVEN 2011 SUNSET DATE |
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�������SECTION�1.01.��STATE SOIL AND WATER CONSERVATION BOARD. |
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Section 201.025, Agriculture Code, is amended to read as follows: |
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�������Sec.�201.025.��SUNSET PROVISION. The State Soil and Water |
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Conservation Board is subject to Chapter 325, Government Code |
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(Texas Sunset Act). Unless continued in existence as provided by |
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that chapter, the board is abolished and this chapter expires |
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September 1, 2011 [2013]. |
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�������SECTION�1.02.��TEXAS FOREST SERVICE. Subchapter B, Chapter |
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88, Education Code, is amended by adding Section 88.1016 to read as |
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follows: |
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�������Sec.�88.1016.��SUNSET PROVISION. The Texas Forest Service |
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is subject to Chapter 325, Government Code (Texas Sunset Act). |
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Unless continued in existence as provided by that chapter, the |
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Texas Forest Service is abolished September 1, 2011. |
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�������SECTION�1.03.��EQUINE RESEARCH ACCOUNT ADVISORY COMMITTEE. |
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Subsection (b), Section 88.524, Education Code, is amended to read |
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as follows: |
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�������(b)��The Equine Research Account Advisory Committee is |
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subject to Chapter 325, Government Code (Texas Sunset Act). Unless |
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continued in existence as provided by that chapter, the advisory |
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committee is abolished and this subchapter expires September 1, |
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2011 [2009]. |
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�������SECTION�1.04.��TEXAS STATE AFFORDABLE HOUSING CORPORATION. |
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Section 2306.5521, Government Code, is amended to read as follows: |
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�������Sec.�2306.5521.��SUNSET PROVISION. The Texas State |
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Affordable Housing Corporation is subject to Chapter 325 (Texas |
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Sunset Act). Unless continued in existence as provided by that |
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chapter, the corporation is abolished and this subchapter expires |
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September 1, 2011 [2009]. |
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�������SECTION�1.05.��ON-SITE WASTEWATER TREATMENT RESEARCH |
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COUNCIL. Section 367.003, Health and Safety Code, is amended to |
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read as follows: |
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�������Sec.�367.003.��APPLICATION OF SUNSET ACT. (a)��The council |
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is subject to Chapter 325, Government Code (Texas Sunset Act). |
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Unless continued in existence as provided by that chapter, the |
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council is abolished and this chapter expires September 1, 2011 |
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[2013]. |
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�������(b)��If this chapter expires under Subsection (a), |
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uncommitted money in the on-site wastewater treatment research |
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account shall be deposited to the credit of the general revenue |
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fund. |
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�������SECTION�1.06.��TEXAS DEPARTMENT OF INSURANCE. Subsection |
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(a), Section 31.004, Insurance Code, is amended to read as follows: |
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�������(a)��The Texas Department of Insurance is subject to Chapter |
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325, Government Code (Texas Sunset Act). Unless continued in |
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existence as provided by that chapter, the department is abolished |
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September 1, 2011 [2009]. |
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�������SECTION�1.07.��OFFICE OF PUBLIC INSURANCE COUNSEL. Section |
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501.003, Insurance Code, is amended to read as follows: |
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�������Sec.�501.003.��SUNSET PROVISION. The office is subject to |
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Chapter 325, Government Code (Texas Sunset Act). Unless continued |
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in existence as provided by that chapter, the office is abolished |
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September 1, 2011 [2009]. |
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�������SECTION�1.08.��COASTAL COORDINATION COUNCIL. Section |
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33.211, Natural Resources Code, is amended to read as follows: |
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�������Sec.�33.211.��SUNSET PROVISION. The Coastal Coordination |
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Council is subject to Chapter 325, Government Code (Texas Sunset |
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Act). Unless continued in existence as provided by that chapter, |
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the council is abolished and this subchapter expires September 1, |
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2011 [2013]. |
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�������SECTION�1.09.��STATE BOARD OF EXAMINERS FOR SPEECH-LANGUAGE |
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PATHOLOGY AND AUDIOLOGY. Section 401.002, Occupations Code, is |
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amended to read as follows: |
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�������Sec.�401.002.��APPLICATION OF SUNSET ACT. The State Board of |
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Examiners for Speech-Language Pathology and Audiology is subject to |
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Chapter 325, Government Code (Texas Sunset Act). Unless continued |
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in existence as provided by that chapter, the board is abolished and |
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this chapter expires September 1, 2011 [2013]. |
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�������SECTION�1.10.��STATE COMMITTEE OF EXAMINERS IN THE FITTING |
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AND DISPENSING OF HEARING INSTRUMENTS. Section 402.002, |
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Occupations Code, is amended to read as follows: |
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�������Sec.�402.002.��APPLICATION OF SUNSET ACT. The State |
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Committee of Examiners in the Fitting and Dispensing of Hearing |
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Instruments is subject to Chapter 325, Government Code (Texas |
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Sunset Act). Unless continued in existence as provided by that |
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chapter, the committee is abolished and this chapter expires |
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September 1, 2011 [2013]. |
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�������SECTION�1.11.��TEXAS DEPARTMENT OF TRANSPORTATION. Section |
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201.204, Transportation Code, is amended to read as follows: |
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�������Sec.�201.204.��SUNSET PROVISION. The Texas Department of |
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Transportation is subject to Chapter 325, Government Code (Texas |
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Sunset Act). Unless continued in existence as provided by that |
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chapter, the department is abolished September 1, 2011 [2009]. |
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�������SECTION�1.12.��TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. |
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Section 5.014, Water Code, is amended to read as follows: |
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�������Sec.�5.014.��SUNSET PROVISION. The Texas Natural Resource |
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Conservation Commission is subject to Chapter 325, Government Code |
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(Texas Sunset Act). Unless continued in existence as provided by |
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that chapter, the commission is abolished and this chapter expires |
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September 1, 2011 [2013]. |
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�������SECTION�1.13.��TEXAS WATER DEVELOPMENT BOARD. Section |
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6.013, Water Code, is amended to read as follows: |
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�������Sec.�6.013.��SUNSET PROVISION. The Texas Water Development |
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Board is subject to review under Chapter 325, Government Code |
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(Texas Sunset Act), but is not abolished under that chapter. The |
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board shall be reviewed during the period in which state agencies |
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abolished in 2011 [2013] and every 12th year after 2011 [2013] are |
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reviewed. |
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�������SECTION�1.14.��RAILROAD COMMISSION OF TEXAS. (a)��Article |
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6445a, Revised Statutes, is amended to read as follows: |
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�������Art.�6445a.��SUNSET PROVISION. The Railroad Commission of |
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Texas is subject to Chapter 325, Government Code (Texas Sunset |
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Act). Unless continued in existence as provided by that chapter, |
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the commission is abolished September 1, 2011 [2013]. |
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�������(b)��Section 81.01001, Natural Resources Code, as added by |
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S.B. No. 1540, Acts of the 81st Legislature, Regular Session, 2009, |
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and as effective April 1, 2011, is amended to read as follows: |
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�������Sec.�81.01001.��SUNSET PROVISION. The Railroad Commission |
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of Texas is subject to Chapter 325, Government Code (Texas Sunset |
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Act). Unless continued in existence as provided by that chapter, |
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the commission is abolished September 1, 2011 [2013]. |
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�������SECTION�1.15.��TEXAS RACING COMMISSION. Subsection (a), |
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Section 18.01, Texas Racing Act (Article 179e, Vernon's Texas Civil |
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Statutes), is amended to read as follows: |
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�������(a)��The Texas Racing Commission is subject to Chapter 325, |
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Government Code (Texas Sunset Act). Unless continued in existence |
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as provided by that chapter, and except as provided by Subsections |
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(b) and (c) of this section, the commission is abolished and this |
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Act expires September 1, 2011 [2009]. |
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ARTICLE 2. ENTITIES GIVEN 2013 SUNSET DATE |
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�������SECTION�2.01.��TEXAS EDUCATION AGENCY. Section 7.004, |
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Education Code, is amended to read as follows: |
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�������Sec.�7.004.��SUNSET PROVISION. The Texas Education Agency |
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is subject to Chapter 325, Government Code (Texas Sunset Act). |
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Unless continued in existence as provided by that chapter, the |
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agency is abolished September 1, 2013 [2012]. [In the review of the
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agency by the Sunset Advisory Commission, as required by this
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section, the sunset commission shall limit its review to the
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appropriateness of recommendations made by the sunset commission to
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the 79th Legislature. In the Sunset Advisory Commission's report
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to the 80th Legislature, the sunset commission may include any
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recommendations it considers appropriate.] |
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�������SECTION�2.02.��TEXAS EMANCIPATION JUNETEENTH CULTURAL AND |
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HISTORICAL COMMISSION. Section 448.002, Government Code, is |
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amended to read as follows: |
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�������Sec.�448.002.��SUNSET PROVISION. The Texas Emancipation |
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Juneteenth Cultural and Historical Commission is subject to Chapter |
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325 (Texas Sunset Act). Unless continued in existence as provided |
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by that chapter, the commission is abolished and this chapter |
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expires September 1, 2013 [2011]. |
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�������SECTION�2.03.��TEXAS LOTTERY COMMISSION. Section 467.002, |
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Government Code, is amended to read as follows: |
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�������Sec.�467.002.��APPLICATION OF SUNSET ACT. The commission is |
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subject to Chapter 325 (Texas Sunset Act). Unless continued in |
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existence as provided by that chapter, the commission is abolished |
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and this chapter, Chapter 466 of this code, and Chapter 2001, |
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Occupations Code, expire September 1, 2013 [2011]. |
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�������SECTION�2.04.��TEXAS BOARD OF CRIMINAL JUSTICE AND TEXAS |
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DEPARTMENT OF CRIMINAL JUSTICE. Section 492.012, Government Code, |
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is amended to read as follows: |
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�������Sec.�492.012.��SUNSET PROVISION. The Texas Board of |
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Criminal Justice and the Texas Department of Criminal Justice are |
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subject to Chapter 325 (Texas Sunset Act).��Unless continued in |
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existence as provided by that chapter, the board and the department |
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are abolished September 1, 2013 [2011]. |
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�������SECTION�2.05.��HEALTH AND HUMAN SERVICES COMMISSION. |
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Section 531.004, Government Code, is amended to read as follows: |
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�������Sec.�531.004.��SUNSET PROVISION. The Health and Human |
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Services Commission is subject to Chapter 325 (Texas Sunset Act). |
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Unless continued in existence as provided by that chapter, the |
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commission is abolished and this chapter expires September 1, 2013 |
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[2011]. |
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�������SECTION�2.06.��TAX DIVISION, STATE OFFICE OF ADMINISTRATIVE |
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HEARINGS. Subsection (b), Section 2003.102, Government Code, is |
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amended to read as follows: |
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�������(b)��The Sunset Advisory Commission shall evaluate the tax |
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division and present to the 83rd [82nd] Legislature a report on that |
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evaluation and the commission's recommendations in relation to the |
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tax division. |
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�������SECTION�2.07.��TRANSFER OF PURCHASING POWERS TO THE |
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COMPTROLLER OF PUBLIC ACCOUNTS OF THE STATE OF TEXAS. Subsection |
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(b), Section 2151.0041, Government Code, and Subsection (c), |
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Section 2151.0041, Government Code, as amended by H.B. No. 1705, |
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Acts of the 81st Legislature, Regular Session, 2009, are amended to |
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read as follows: |
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�������(b)��The Sunset Advisory Commission shall evaluate the |
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transfer of powers and duties to the comptroller under Section |
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2151.004(d) and under House Bill 3560, Acts of the 80th |
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Legislature, Regular Session, 2007, and present to the 83rd [82nd] |
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Legislature a report on its evaluation and recommendations in |
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relation to the transfer. The comptroller shall perform all duties |
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in relation to the evaluation that a state agency subject to review |
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under Chapter 325 would perform in relation to a review. |
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�������(c)��Unless otherwise provided by the legislature by law, on |
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September 1, 2013 [2011]: |
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�������������(1)��the powers and duties transferred to the |
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comptroller under Section 2151.004(d) and under House Bill 3560, |
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Acts of the 80th Legislature, Regular Session, 2007, are |
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transferred to the Texas Facilities Commission; |
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�������������(2)��a reference in law to the comptroller relating to a |
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power or duty transferred under this subsection means the Texas |
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Facilities Commission; |
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�������������(3)��a rule or form adopted by the comptroller relating |
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to a power or duty transferred under this subsection is a rule or |
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form of the Texas Facilities Commission and remains in effect until |
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altered by the commission; |
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�������������(4)��all obligations, contracts, proceedings, cases, |
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negotiations, funds, and employees of the comptroller relating to a |
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power or duty transferred under this subsection are transferred to |
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the Texas Facilities Commission; |
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�������������(5)��all property and records in the custody of the |
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comptroller relating to a power or duty transferred under this |
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subsection and all funds appropriated by the legislature for |
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purposes related to a power or duty transferred under this |
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subsection are transferred to the Texas Facilities Commission; and |
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�������������(6)��Section 122.0011, Human Resources Code, and the |
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following provisions of the Government Code expire: |
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�������������������(A)��Sections 2151.004(c) and (d); |
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�������������������(B)��Section 2155.0011; |
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�������������������(C)��Section 2155.086; |
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�������������������(D)��Section 2155.087; |
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�������������������(E)��Section 2156.0011; |
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�������������������(F)��Section 2157.0011; |
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�������������������(G)��Section 2158.0011; |
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�������������������(H)��Section 2161.0011; |
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�������������������(I)��Section 2163.0011; |
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�������������������(J)��Section 2170.0011; |
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�������������������(K)��Section 2171.0011; |
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�������������������(L)��Section 2172.0011; |
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�������������������(M)��Section 2176.0011; and |
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�������������������(N)��[Section 2177.0011; and
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�������������������[(O)]��Section 2262.0011. |
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�������SECTION�2.08.��TEXAS HEALTH SERVICES AUTHORITY. Section |
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182.052, Health and Safety Code, is amended to read as follows: |
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�������Sec.�182.052.��APPLICATION OF SUNSET ACT. The corporation |
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is subject to Chapter 325, Government Code. Unless continued in |
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existence as provided by that chapter, the corporation is abolished |
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and this chapter expires September 1, 2013 [2011]. The governor may |
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order the dissolution of the corporation at any time the governor |
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declares that the purposes of the corporation have been fulfilled |
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or that the corporation is inoperative or abandoned. |
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�������SECTION�2.09.��DEPARTMENT OF STATE HEALTH SERVICES. Section |
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1001.003, Health and Safety Code, is amended to read as follows: |
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�������Sec.�1001.003.��SUNSET PROVISION. The Department of State |
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Health Services is subject to Chapter 325, Government Code (Texas |
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Sunset Act). Unless continued in existence as provided by that |
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chapter, the department is abolished and this chapter expires |
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�
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September 1, 2013 [2011]. |
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�������SECTION�2.10.��DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. |
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Section 40.003, Human Resources Code, is amended to read as |
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follows: |
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�������Sec.�40.003.��SUNSET PROVISION. The Department of Family |
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and Protective Services is subject to Chapter 325, Government Code |
|
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(Texas Sunset Act).��Unless continued in existence as provided by |
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that chapter, the department is abolished and this chapter expires |
|
�
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September 1, 2013 [2011]. |
|
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�������SECTION�2.11.��TEXAS COUNCIL FOR DEVELOPMENTAL |
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DISABILITIES. Section 112.023, Human Resources Code, is amended to |
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read as follows: |
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�������Sec.�112.023.��SUNSET PROVISION. The Texas Council for |
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Developmental Disabilities is subject to Chapter 325, Government |
|
�
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Code (Texas Sunset Act).��Unless continued in existence as provided |
|
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by that chapter, the council is abolished and this chapter expires |
|
�
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September 1, 2013 [2011]. |
|
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�������SECTION�2.12.��GOVERNOR'S COMMITTEE ON PEOPLE WITH |
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�
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DISABILITIES. Section 115.005, Human Resources Code, is amended to |
|
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read as follows: |
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�������Sec.�115.005.��SUNSET PROVISION. The Governor's Committee |
|
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on People with Disabilities is subject to Chapter 325, Government |
|
�
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Code (Texas Sunset Act). Unless continued in existence as provided |
|
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by that chapter, the committee is abolished and this chapter |
|
�
|
expires September 1, 2013 [2011]. |
|
�
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�������SECTION�2.13.��DEPARTMENT OF ASSISTIVE AND REHABILITATIVE |
|
�
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SERVICES. Section 117.003, Human Resources Code, is amended to |
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read as follows: |
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�������Sec.�117.003.��SUNSET PROVISION. The Department of |
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�
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Assistive and Rehabilitative Services is subject to Chapter 325, |
|
�
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Government Code (Texas Sunset Act). Unless continued in existence |
|
�
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as provided by that chapter, the department is abolished and this |
|
�
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chapter expires September 1, 2013 [2011]. |
|
�
|
�������SECTION�2.14.��TEXAS COUNCIL ON PURCHASING FROM PEOPLE WITH |
|
�
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DISABILITIES. Section 122.006, Human Resources Code, is amended to |
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read as follows: |
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�������Sec.�122.006.��SUNSET PROVISION. The Texas Council on |
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Purchasing from People with Disabilities 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 |
|
�
|
chapter expires September 1, 2013 [2015]. |
|
�
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�������SECTION�2.15.��DEPARTMENT OF AGING AND DISABILITY SERVICES. |
|
�
|
Section 161.003, Human Resources Code, is amended to read as |
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follows: |
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�������Sec.�161.003.��SUNSET PROVISION. The Department of Aging |
|
�
|
and Disability Services is subject to Chapter 325, Government Code |
|
�
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(Texas Sunset Act).��Unless continued in existence as provided by |
|
�
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that chapter, the department is abolished and this chapter expires |
|
�
|
September 1, 2013 [2011]. |
|
�
|
�������SECTION�2.16.��OFFICE OF FIREFIGHTERS' PENSION |
|
�
|
COMMISSIONER. Subsection (h), Section 21, Article 6243e, Texas |
|
�
|
Local Fire Fighters Retirement Act (Vernon's Texas Civil Statutes), |
|
�
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is amended to read as follows: |
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�
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�������(h)��The office of fire fighters' pension commissioner 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, 2013 [2011]. |
|
�
|
ARTICLE 3. SUNSET ADVISORY COMMISSION |
|
�
|
�������SECTION�3.01.��REVIEW OF AGENCIES REVIEWED FOR THE 81ST |
|
�
|
LEGISLATURE. For a state agency that was reviewed by the Sunset |
|
�
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Advisory Commission in preparation for the work of the 81st |
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Legislature in Regular Session and the abolition date of which was |
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extended to 2011, the commission, unless expressly provided |
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otherwise, shall limit its review of the agency in preparation for |
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the work of the 82nd Legislature in Regular Session to the |
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appropriateness of recommendations made by the commission to the |
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81st Legislature. In the commission's report to the 82nd |
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Legislature, the commission may include any recommendations it |
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considers appropriate. This section expires September 1, 2011. |
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�������SECTION�3.02.��REVIEW OF THE ELECTRIC RELIABILITY COUNCIL OF |
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TEXAS. The Sunset Advisory Commission shall conduct a |
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special-purpose review of the Electric Reliability Council of Texas |
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as part of the commission's review of the Public Utility Commission |
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of Texas for the 82nd Legislature. The sunset commission's report |
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to the 82nd Legislature regarding the review must include an |
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assessment of the governance, management, and operating structure |
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of the council and the council's compliance with the duties and |
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requirements placed on it by the legislature and the Public Utility |
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Commission of Texas. The sunset commission's report under this |
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section may include any recommendations it considers appropriate. |
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The council shall pay the cost incurred by the Sunset Advisory |
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Commission in performing the special-purpose review of the council |
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under this section. The Sunset Advisory Commission shall determine |
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the cost of the review and submit a statement detailing the cost of |
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the review to the council. The council shall promptly pay the cost |
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of the review on receipt of the statement. This section expires |
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September 1, 2011. |
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�������SECTION�3.03.��PAYMENT FOR REVIEW OF CERTAIN ENTITIES FOR |
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THE 82ND LEGISLATURE. Rider No. 7, Article X, S.B. No. 1, Acts of |
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the 81st Legislature, Regular Session, 2009 (the General |
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Appropriations Act, appropriations to the House of |
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Representatives, page X-3), is amended by adding Subsection c to |
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read as follows: |
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�������c.��The money that an entity is required by law to pay to the |
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Sunset Advisory Commission to cover the costs the commission incurs |
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in performing a review of the entity is appropriated to the |
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commission for maintaining the operations of the commission. Money |
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appropriated to the commission under this subsection is in addition |
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to the aggregate amounts appropriated to the commission under |
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Subsection a. |
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ARTICLE 4. EFFECTIVE DATE |
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�������SECTION�4.01.��EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect on the 91st day after the |
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last day of the legislative session. |
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______________________________ |
______________________________ |
| � |
���President of the Senate |
Speaker of the House����� |
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�������I hereby certify that S.B.�No.�2 passed the Senate on |
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July�1,�2009, by the following vote:��Yeas�30, Nays�0. |
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______________________________ |
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Secretary of the Senate���� |
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�������I hereby certify that S.B.�No.�2 passed the House on |
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July�2,�2009, by the following vote:��Yeas�146, Nays�0, one |
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present not voting. |
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| � |
______________________________ |
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Chief Clerk of the House��� |
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Approved: |
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______________________________� |
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������������Date |
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______________________________� |
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����������Governor |