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89(R) HB 1545 - Enrolled version - Bill Text
H.B. No. 1545
AN ACT
relating to the sunset review process and certain governmental
entities subject to that process.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. LIMITED-SCOPE REVIEWS
SECTION 1.01. TEXAS FUNERAL SERVICE COMMISSION. (a)
Notwithstanding Section 651.002, Occupations Code, the Sunset
Advisory Commission shall conduct a limited-scope review of the
Texas Funeral Service Commission for the 90th Legislature.
(b) In conducting the limited-scope review under this
section, the Sunset Advisory Commission staff evaluation and report
must be limited to assessing the Texas Funeral Service Commission's
administration of functions and duties regarding the regulation of
willed body programs, non-transplant anatomical donation
organizations, and anatomical facilities under Section 651.005,
Occupations Code, and under Chapters 691 and 692A, Health and
Safety Code.
(c) The Sunset Advisory Commission's recommendations to the
90th Legislature may include any recommendation the commission
considers appropriate based on the limited-scope review conducted
under this section.
(d) This section takes effect only if Senate Bill 2721 or
similar legislation of the 89th Legislature, Regular Session, 2025,
relating to the licensing and regulation of persons who provide
services in relation to the deceased does not become law. If
legislation described by this subsection does become law, this
section has no effect.
SECTION 1.02. STATE SOIL AND WATER CONSERVATION BOARD.
Section 12, Chapter 358 (S.B. 1424), Acts of the 88th Legislature,
Regular Session, 2023, is repealed.
ARTICLE 2. ENTITIES GIVEN 2031 SUNSET DATE
SECTION 2.01. CREDIT UNION DEPARTMENT. Section 15.212,
Finance Code, is amended to read as follows:
Sec. 15.212. SUNSET PROVISION. The Credit Union Department
and the Credit Union Commission are subject to Chapter 325,
Government Code (Texas Sunset Act). Unless continued in existence
as provided by that chapter, the department and commission are
abolished September 1,
2031
[
2035
].
SECTION 2.02. STATE OFFICE OF ADMINISTRATIVE HEARINGS.
Section 2003.023, Government Code, is amended to read as follows:
Sec. 2003.023. SUNSET PROVISION. The State Office of
Administrative Hearings is subject to review under Chapter 325
(Texas Sunset Act), but is not abolished under that chapter. The
office shall be reviewed during the periods in which state agencies
abolished in
2031
[
2027
] and every 12th year after
2031
[
2027
] are
reviewed.
SECTION 2.03. TEXAS JUVENILE JUSTICE DEPARTMENT. (a)
Section 202.010, Human Resources Code, is amended to read as
follows:
Sec. 202.010. SUNSET PROVISION. The Texas Juvenile Justice
Board and the Texas Juvenile Justice Department are subject to
Chapter 325, Government Code (Texas Sunset Act). Unless continued
in existence as provided by that chapter, the board and the
department are abolished September 1,
2031
[
2027
].
(b) Notwithstanding Section 202.010, Human Resources Code,
as amended by this Act, the Sunset Advisory Commission shall
conduct a limited-scope review of the Texas Juvenile Justice
Department for the 90th Legislature.
(c) In conducting the limited-scope review under this
section, the Sunset Advisory Commission staff evaluation and report
must be limited to assessing the Texas Juvenile Justice
Department's administration of its regionalization duties aimed at
prioritizing the use of local levels of the juvenile justice system
over placement or commitment to secure facilities operated by the
Texas Juvenile Justice Department.
(d) The Sunset Advisory Commission may not review the office
of independent ombudsman of the Texas Juvenile Justice Department
as part of the limited-scope review conducted under this section.
(e) The Sunset Advisory Commission's recommendations to the
90th Legislature may include any recommendation the commission
considers appropriate based on the limited-scope review conducted
under this section.
(f) The Texas Juvenile Justice Department shall submit a
report not later than September 1, 2026, to the Sunset Advisory
Commission, the speaker of the house of representatives, the
lieutenant governor, and the standing committees of each house of
the legislature with primary jurisdiction over juvenile justice
that includes information about:
(1) the status of the United States Department of
Justice's investigation into the Texas Juvenile Justice Department
and the Texas Juvenile Justice Department's progress in addressing
findings as detailed in the United States Department of Justice's
report titled "Investigation of the Texas Juvenile Justice
Department," published on August 1, 2024;
(2) the waitlist of youth committed to the Texas
Juvenile Justice Department awaiting transfer to state secure
facilities from county facilities;
(3) the Texas Juvenile Justice Department's staffing
and turnover at state facilities for each fiscal year since fiscal
year 2016; and
(4) the progress on construction of additional state
juvenile correctional facilities for which the legislature
appropriated funding in the 2024-2025 biennium.
ARTICLE 3. ENTITIES GIVEN 2033 SUNSET DATE
SECTION 3.01. STATE BOARD OF VETERINARY MEDICAL EXAMINERS.
(a) Section 801.003, Occupations Code, is amended to read as
follows:
Sec. 801.003. APPLICATION OF SUNSET ACT. The State Board of
Veterinary Medical Examiners is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the board is abolished September 1,
2033
[
2027
].
(b) This section takes effect only if S.B. 2155 or similar
legislation of the 89th Legislature, Regular Session, 2025,
relating to the regulation of veterinary professionals and
facilities by the State Board of Veterinary Medical Examiners and
the temporary administration of the board by the Texas Department
of Licensing and Regulation becomes law. If legislation described
by this subsection does not become law, this section has no effect.
ARTICLE 4. ENTITIES GIVEN 2035 SUNSET DATE
SECTION 4.01. LOWER COLORADO RIVER AUTHORITY. Section
8503.0021(a), Special District Local Laws Code, is amended to read
as follows:
(a) The authority is subject to review under Chapter 325,
Government Code (Texas Sunset Act), but may not be abolished under
that chapter. The review shall not include the management of the
generation or transmission of electricity under the wholesale
electricity operation of the authority and the authority's
affiliated nonprofit corporations. The review shall be conducted
under Section 325.025, Government Code, as if the authority were a
state agency scheduled to be abolished September 1,
2035
[
2031
],
and every 12th year after that year.
ARTICLE 5. AMENDMENTS TO THE TEXAS SUNSET ACT
SECTION 5.01. SUNSET ADVISORY COMMISSION. Section
325.003(a-1), Government Code, is amended to read as follows:
(a-1) A public member acts on behalf of the legislature when
participating on the commission in furtherance of the legislature's
duty to provide oversight of
state
[
executive branch
] agencies'
implementation of legislative priorities.
SECTION 5.02. AGENCY REPORT TO COMMISSION. Section
325.007(a), Government Code, is amended to read as follows:
(a) Before September 1 of the odd-numbered year before the
year in which a state agency subject to this chapter is abolished
or
reviewed
, 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.
SECTION 5.03. REPORTING REQUIREMENTS OF AGENCY BEING
REVIEWED. Section 325.0075, Government Code, is amended to read as
follows:
Sec. 325.0075. REPORTING REQUIREMENTS OF AGENCY BEING
REVIEWED. Before September 1 of the odd-numbered year before the
year in which a state agency subject to this chapter is abolished
or
reviewed
, the agency shall submit to the commission, the governor,
the lieutenant governor, and each member of the legislature a
report that:
(1) lists each report that the agency is required by a
statute to prepare; and
(2) evaluates the need for each report listed in
Subdivision (1) based on whether factors or conditions have changed
since the date the statutory requirement to prepare the report was
enacted.
SECTION 5.04. COMMISSION DUTIES. Section 325.008(a),
Government Code, is amended to read as follows:
(a) Before January 1 of the year in which a state agency
subject to this chapter and its advisory committees are abolished
or reviewed
, 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, Policy, and Planning Division, 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 review 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 and the
resulting legislation.
SECTION 5.05. PUBLIC HEARINGS. Section 325.009(a),
Government Code, is amended to read as follows:
(a) Before February 1 of the year a state agency subject to
this chapter and its advisory committees are abolished
or reviewed
,
the commission shall conduct public hearings concerning but not
limited to the application to the agency of the criteria provided in
Section 325.011.
SECTION 5.06. REVIEW OF CERTAIN AGENCIES. Sections
325.0125(a) and (b), Government Code, are amended to read as
follows:
(a) In the two-year period preceding the date scheduled for
the abolition
or review
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 reviews.
(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
or review
, that have been rendered inactive
by an action of the legislature, or that the commission determines
are unable to participate in the review due to a declared disaster.
ARTICLE 6. EFFECTIVE DATE
SECTION 6.01. EFFECTIVE DATE. 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, 2025.
______________________________
______________________________
President of the Senate
Speaker of the House
I certify that H.B. No. 1545 was passed by the House on May 2,
2025, by the following vote: Yeas 137, Nays 1, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 1545 on May 30, 2025, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 1545 on June 1, 2025, by the following vote: Yeas 122,
Nays 13, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1545 was passed by the Senate, with
amendments, on May 25, 2025, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
1545 on June 1, 2025, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor