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A BILL TO BE ENTITLED
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AN ACT
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relating to the sunset review process and certain governmental |
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entities subject to that process. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. ENTITIES GIVEN 2029 SUNSET DATE |
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SECTION 1.01. TEXAS OPTOMETRY BOARD. Section 351.004, |
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Occupations Code, is amended to read as follows: |
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Sec. 351.004. SUNSET PROVISION. The Texas Optometry Board |
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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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board is abolished and this chapter expires September 1, 2029 |
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[2033]. |
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ARTICLE 2. ENTITIES GIVEN 2031 SUNSET DATE |
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SECTION 2.01. CREDIT UNION DEPARTMENT. Section 15.212, |
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Finance Code, is amended to read as follows: |
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Sec. 15.212. SUNSET PROVISION. The Credit Union Department |
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and the Credit Union Commission are 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 and commission are |
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abolished September 1, 2031 [2035]. |
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SECTION 2.02. STATE OFFICE OF ADMINISTRATIVE HEARINGS. |
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Section 2003.023, Government Code, is amended to read as follows: |
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Sec. 2003.023. SUNSET PROVISION. The State Office of |
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Administrative Hearings is subject to review under Chapter 325 |
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(Texas Sunset Act), but is not abolished under that chapter. The |
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office shall be reviewed during the periods in which state agencies |
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abolished in 2031 [2027] and every 12th year after 2031 [2027] are |
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reviewed. |
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SECTION 2.03. TEXAS JUVENILE JUSTICE DEPARTMENT. (a) |
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Section 202.010, Human Resources Code, is amended to read as |
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follows: |
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Sec. 202.010. SUNSET PROVISION. The Texas Juvenile Justice |
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Board and the Texas Juvenile Justice Department are 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 and the |
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department are abolished September 1, 2031 [2027]. |
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(b) Notwithstanding Section 202.010, Human Resources Code, |
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as amended by this Act, the Sunset Advisory Commission shall |
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conduct a limited-scope review of the Texas Juvenile Justice |
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Department for the 90th Legislature. |
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(c) In conducting the limited-scope review under this |
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section, the Sunset Advisory Commission staff evaluation and report |
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must be limited to assessing the Texas Juvenile Justice |
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Department's administration of its regionalization duties aimed at |
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prioritizing the use of local levels of the juvenile justice system |
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over placement or commitment to secure facilities operated by the |
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Texas Juvenile Justice Department. |
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(d) The Sunset Advisory Commission may not review the office |
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of independent ombudsman of the Texas Juvenile Justice Department |
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as part of the limited-scope review conducted under this section. |
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(e) The Sunset Advisory Commission's recommendations to the |
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90th Legislature may include any recommendation the commission |
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considers appropriate based on the limited-scope review conducted |
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under this section. |
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(f) The Texas Juvenile Justice Department shall submit a |
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report not later than September 1, 2026, to the Sunset Advisory |
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Commission, the speaker of the house of representatives, the |
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lieutenant governor, and the standing committees of each house of |
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the legislature with primary jurisdiction over juvenile justice |
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that includes information about: |
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(1) the status of the United States Department of |
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Justice's investigation into the Texas Juvenile Justice Department |
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and the Texas Juvenile Justice Department's progress in addressing |
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findings as detailed in the United States Department of Justice's |
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report titled "Investigation of the Texas Juvenile Justice |
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Department," published on August 1, 2024; |
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(2) the waitlist of youth committed to the Texas |
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Juvenile Justice Department awaiting transfer to state secure |
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facilities from county facilities; |
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(3) the Texas Juvenile Justice Department's staffing |
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and turnover at state facilities for each fiscal year since fiscal |
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year 2016; and |
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(4) the progress on construction of additional state |
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juvenile correctional facilities for which the legislature |
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appropriated funding in the 2024-2025 biennium. |
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ARTICLE 3. ENTITIES GIVEN 2033 SUNSET DATE |
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SECTION 3.01. STATE BOARD OF VETERINARY MEDICAL EXAMINERS. |
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Section 801.003, Occupations Code, is amended to read as follows: |
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Sec. 801.003. APPLICATION OF SUNSET ACT. The State Board of |
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Veterinary Medical Examiners 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 board is abolished September 1, 2033 [2027]. |
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SECTION 3.02. TEXAS PHARMACEUTICAL INITIATIVE. Section |
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2177.010, Government Code, is amended to read as follows: |
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Sec. 2177.010. SUNSET PROVISION [EXPIRATION OF CHAPTER]. |
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The Texas Pharmaceutical Initiative is subject to Chapter 325 |
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(Texas Sunset Act). Unless continued in existence as provided by |
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that chapter, the Texas Pharmaceutical Initiative is abolished and |
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this [This] chapter expires September 1, 2033 [2025]. |
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ARTICLE 4. ENTITIES GIVEN 2035 SUNSET DATE |
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SECTION 4.01. STATE SOIL AND WATER CONSERVATION BOARD. |
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Section 12, Chapter 358 (S.B. 1424), Acts of the 88th Legislature, |
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Regular Session, 2023, is repealed. |
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ARTICLE 5. AMENDMENTS TO THE TEXAS SUNSET ACT |
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SECTION 5.01. SUNSET ADVISORY COMMISSION. Section |
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325.003(a-1), Government Code, is amended to read as follows: |
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(a-1) A public member acts on behalf of the legislature when |
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participating on the commission in furtherance of the legislature's |
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duty to provide oversight of state [executive branch] agencies' |
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implementation of legislative priorities. |
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SECTION 5.02. AGENCY REPORT TO COMMISSION. Section |
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325.007(a), Government Code, is amended to read as follows: |
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(a) Before September 1 of the odd-numbered year before the |
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year in which a state agency subject to this chapter is abolished or |
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reviewed, the agency shall report to the commission: |
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(1) information regarding the application to the |
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agency of the criteria in Section 325.011; and |
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(2) any other information that the agency considers |
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appropriate or that is requested by the commission. |
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SECTION 5.03. REPORTING REQUIREMENTS OF AGENCY BEING |
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REVIEWED. Section 325.0075, Government Code, is amended to read as |
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follows: |
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Sec. 325.0075. REPORTING REQUIREMENTS OF AGENCY BEING |
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REVIEWED. Before September 1 of the odd-numbered year before the |
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year in which a state agency subject to this chapter is abolished or |
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reviewed, the agency shall submit to the commission, the governor, |
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the lieutenant governor, and each member of the legislature a |
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report that: |
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(1) lists each report that the agency is required by a |
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statute to prepare; and |
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(2) evaluates the need for each report listed in |
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Subdivision (1) based on whether factors or conditions have changed |
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since the date the statutory requirement to prepare the report was |
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enacted. |
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SECTION 5.04. COMMISSION DUTIES. Section 325.008(a), |
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Government Code, is amended to read as follows: |
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(a) Before January 1 of the year in which a state agency |
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subject to this chapter and its advisory committees are abolished |
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or reviewed, the commission shall: |
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(1) review and take action necessary to verify the |
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reports submitted by the agency under Section 325.007; |
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(2) consult the Legislative Budget Board, the |
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Governor's Budget, Policy, and Planning Division, the State |
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Auditor, and the comptroller of public accounts, or their |
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successors, on the application to the agency of the criteria |
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provided in Section 325.011; |
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(3) conduct a review of the agency based on the |
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criteria provided in Section 325.011 and prepare a written report; |
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and |
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(4) review the implementation of commission |
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recommendations contained in the reports presented to the |
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legislature during the preceding legislative session and the |
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resulting legislation. |
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SECTION 5.05. PUBLIC HEARINGS. Section 325.009(a), |
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Government Code, is amended to read as follows: |
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(a) Before February 1 of the year a state agency subject to |
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this chapter and its advisory committees are abolished or reviewed, |
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the commission shall conduct public hearings concerning but not |
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limited to the application to the agency of the criteria provided in |
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Section 325.011. |
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SECTION 5.06. REVIEW OF CERTAIN AGENCIES. Sections |
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325.0125(a) and (b), Government Code, are amended to read as |
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follows: |
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(a) In the two-year period preceding the date scheduled for |
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the abolition or review of a state agency under this chapter, the |
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commission may exempt certain agencies from the requirements of |
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this chapter relating to staff reports, hearings, and reviews. |
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(b) The commission may only exempt agencies that have been |
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inactive for a period of two years preceding the date the agency is |
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scheduled for abolition or review, that have been rendered inactive |
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by an action of the legislature, or that the commission determines |
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are unable to participate in the review due to a declared disaster. |
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SECTION 5.07. REVIEW OF CERTAIN MULTISTATE COMPACTS. |
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Chapter 325, Government Code, is amended by adding Section 325.026 |
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to read as follows: |
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Sec. 325.026. REVIEW OF CERTAIN MULTISTATE COMPACTS, |
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RECIPROCITY AGREEMENTS, AND OTHER SIMILAR AGREEMENTS. (a) During |
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a review of a state agency that is responsible for administering, |
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implementing, or enforcing a multistate compact, reciprocity |
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agreement, or other similar agreement to which this state is a |
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party, the commission shall review the compact or agreement as part |
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of the review of the state agency. |
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(b) If a multistate compact, reciprocity agreement, or |
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other similar agreement to which this state is a party is not |
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administered, implemented, or enforced by a state agency, or is |
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administered, implemented, or enforced by a state agency that is |
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not subject to review under this chapter, the commission shall |
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establish a review schedule to ensure that the compact or agreement |
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is reviewed every 10 years. |
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(c) The commission shall consult with the office of the |
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governor in determining whether a state agency is responsible for |
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administering, implementing, or enforcing a multistate compact, |
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reciprocity agreement, or other similar agreement to which this |
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state is a party. |
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(d) Not later than the 90th day after the date the state |
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enters into a multistate compact, reciprocity agreement, or other |
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similar agreement, the commission shall identify the state agency |
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responsible for administering, implementing, or enforcing the |
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compact or other agreement. If the compact or other agreement is |
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not administered, implemented, or enforced by a state agency or the |
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state agency that implements, administers, or enforces the compact |
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or agreement is not subject to review under this chapter, the |
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commission shall add the compact or agreement to the review |
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schedule under Subsection (b). |
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(e) The commission shall publish on the commission's |
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Internet website a list of each multistate compact, reciprocity |
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agreement, or other similar agreement to which this state is a |
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party, including: |
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(1) the state agency responsible for administering, |
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implementing, or enforcing the compact or agreement and the year |
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the state agency will be reviewed under this chapter; or |
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(2) the year the compact or other agreement will be |
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reviewed under the schedule required by Subsection (b). |
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(f) Not later than January 1, 2026, the commission shall |
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review each multistate compact, reciprocity agreement, or other |
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similar agreement to which this state is a party and identify the |
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state agency that is responsible for administering, implementing, |
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or enforcing the compact or agreement. If the commission |
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determines there is no state agency responsible for administering, |
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implementing, or enforcing a compact or agreement, or that a |
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compact or agreement is administered, implemented, or enforced by a |
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state agency that is not subject to review under this chapter, the |
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commission shall include the compact or agreement in the review |
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schedule required by Subsection (b). This subsection expires |
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September 1, 2027. |
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ARTICLE 6. EFFECTIVE DATE |
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SECTION 6.01. 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 September 1, 2025. |