H.B. No. 1781
 
 
 
 
AN ACT
  relating to obsolete or redundant reporting requirements
  applicable to state agencies and to certain reports,
  communications
  , publications, and other documents involving the
  attorney general.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (c), Section 61.0815, Education Code,
  is amended to read as follows:
         (c)  The [attorney general and the] president of each
  institution of higher education shall collect all necessary data
  for inclusion in the report required by this section.
         SECTION 2.  Subsection (a), Section 231.005, Family Code, is
  amended to read as follows:
         (a)  The Title IV-D agency shall report to the legislature
  each biennium on:
               (1)  the effectiveness of the agency's child support
  enforcement activity in reducing the state's public assistance
  obligations; and
               (2)  the use and effectiveness of all enforcement tools
  authorized by state or federal law or otherwise available to the
  agency[; and
               [(3)     the progress and impact of the Title IV D agency's
  efforts to use private contractors to perform Title IV D program
  functions].
         SECTION 3.  Section 41.002, Government Code, is amended to
  read as follows:
         Sec. 41.002.  NOTIFICATION OF ADDRESS.  Each district and
  county attorney shall notify the [attorney general and] comptroller
  of his post office address as soon as practicable after his election
  and qualification.
         SECTION 4.  Chapter 2052, Government Code, is amended by
  adding Subchapter E to read as follows:
  SUBCHAPTER E.  OBSOLETE OR REDUNDANT REPORTING REQUIREMENTS
         Sec. 2052.401.  DEFINITIONS. In this subchapter:
               (1)  "Executive director" means the executive head of a
  state agency. The term includes an executive director,
  commissioner, or executive commissioner as appropriate for the
  state agency.
               (2)  "State agency" means:
                     (A)  a board, commission, department, office, or
  other agency in the executive branch of state government that was
  created by the constitution or a statute of the state, including an
  institution of higher education as defined by Section 61.003,
  Education Code;
                     (B)  the legislature or a legislative agency; and
                     (C)  the supreme court, the court of criminal
  appeals, a court of appeals, or a state judicial agency.
         Sec. 2052.402.  EXAMINATION OF REPORTING REQUIREMENTS. (a)  
  Not later than August 1, 2012, the executive director of each state
  agency shall:
               (1)  examine the agency's reporting requirements
  established by a state statute enacted before January 1, 2009, and
  not amended since that date, and identify each reporting
  requirement that the executive director determines:
                     (A)  is not necessary to accomplish the objectives
  of the statute that contains the reporting requirement;
                     (B)  is redundant of other statutory reporting
  requirements; or
                     (C)  is required under statute to be provided at a
  frequency for which data is not available; and
               (2)  provide to the governor, lieutenant governor,
  speaker of the house of representatives, chair of the House
  Committee on Government Efficiency and Reform, chair of the Senate
  Committee on Government Organization, chair of each standing
  committee of the senate and house of representatives with
  jurisdiction over the agency, Texas State Library and Archives
  Commission, and Legislative Budget Board an electronic report that
  includes:
                     (A)  each statutory reporting requirement for
  which the executive director made a determination described by
  Subdivision (1); and
                     (B)  the justification for the executive
  director's determination for each reporting requirement.
         (b)  The executive director may not include in the initial
  report issued under Subsection (a)(2) a reporting requirement that
  is required by federal law.
         Sec. 2052.403.  EXPIRATION.  This subchapter expires
  September 1, 2014.
         SECTION 5.  Section 325.011, Government Code, is amended to
  read as follows:
         Sec. 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 and effectiveness with which the
  agency or the advisory committee operates;
               (2)(A)  an identification of the mission, goals, and
  objectives intended for the agency or advisory committee and of the
  problem or need that the agency or advisory committee was intended
  to address; and
                     (B)  the extent to which the mission, goals, and
  objectives have been achieved and the problem or need has been
  addressed;
               (3)(A)  an identification of any activities of the
  agency in addition to those granted by statute and of the authority
  for those activities; and
                     (B)  the extent to which those activities are
  needed;
               (4)  an assessment of authority of the agency relating
  to fees, inspections, enforcement, and penalties;
               (5)  whether less restrictive or alternative methods of
  performing any function that the agency performs could adequately
  protect or provide service to the public;
               (6)  the extent to which the jurisdiction of the agency
  and the programs administered by the agency overlap or duplicate
  those of other agencies, the extent to which the agency coordinates
  with those agencies, and the extent to which the programs
  administered by the agency can be consolidated with the programs of
  other state agencies;
               (7)  the promptness and effectiveness with which the
  agency addresses complaints concerning entities or other persons
  affected by the agency, including an assessment of the agency's
  administrative hearings process;
               (8)  an assessment of the agency's rulemaking process
  and the extent to which the agency has encouraged participation by
  the public in making its rules and decisions and the extent to which
  the public participation has resulted in rules that benefit the
  public;
               (9)  the extent to which the agency has complied with:
                     (A)  federal and state laws and applicable rules
  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 guidelines and programs for
  historically underutilized businesses;
               (10)  the extent to which the agency issues and
  enforces rules relating to potential conflicts of interest of its
  employees;
               (11)  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]
               (12)  the effect of federal intervention or loss of
  federal funds if the agency is abolished; and
               (13)  the extent to which the purpose and effectiveness
  of reporting requirements imposed on the agency justifies the
  continuation of the requirement.
         SECTION 6.  Subsection (a), Section 325.012, Government
  Code, is amended to read as follows:
         (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; [and]
               (3)  make recommendations to improve the operations of
  the agency, its policy body, and its advisory committees, including
  management recommendations that do not require a change in the
  agency's enabling statute; and
               (4)  make recommendations on the continuation or
  abolition of each reporting requirement imposed on the agency by
  law.
         SECTION 7.  Subsections (a) and (c), Section 242.005, Health
  and Safety Code, are amended to read as follows:
         (a)  The department [and the attorney general each] shall
  prepare annually a full report of the operation and administration
  of the department's [their respective] responsibilities under this
  chapter, including recommendations and suggestions considered
  advisable.
         (c)  The department [and the attorney general] shall submit
  the required report [reports] to the governor and the legislature
  not later than October 1 of each year.
         SECTION 8.  Subsection (c), Section 247.050, Health and
  Safety Code, is amended to read as follows:
         (c)  The department [and the attorney general] shall file a
  copy of the quarterly reports required by this section with the
  substantive committees of each house of the legislature with
  jurisdiction over regulation of assisted living facilities.
         SECTION 9.  Subsection (b), Section 311.016, Tax Code, as
  amended by Chapters 977 (H.B. 1820) and 1094 (H.B. 2120), Acts of
  the 79th Legislature, Regular Session, 2005, is reenacted and
  amended to read as follows:
         (b)  The municipality or county shall send a copy of a report
  made under this section to[:
               [(1)  the attorney general; and
               [(2)]  the comptroller.
         SECTION 10.  The following provisions are repealed:
               (1)  Subsection (e), Section 236.002, Family Code;
               (2)  Section 402.034, Government Code;
               (3)  Section 481.168, Government Code;
               (4)  Section 2107.005, Government Code;
               (5)  Subsection (b), Section 247.050, Health and Safety
  Code;
               (6)  Section 240.903, Local Government Code; and
               (7)  Section 395.082, Local Government Code.
         SECTION 11.  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, 2011.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1781 was passed by the House on April
  7, 2011, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1781 on May 27, 2011, by the following vote:  Yeas 139, Nays 0,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1781 was passed by the Senate, with
  amendments, on May 24, 2011, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor