HB 3971

relating to renaming the Sunset Advisory Commission the Department
of Government Efficiency (DOGE) and to the duties of that
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 11.003, Agriculture Code, is amended to
Sec. 11.003.  DOGE [SUNSET] PROVISION.  The Department of
Agriculture is subject to Chapter 325, Government Code (Texas DOGE
[Sunset] Act).  Unless continued in existence as provided by that
chapter, the department is abolished September 1, 2035.
SECTION 2.  The heading to Section 74.127, Agriculture Code,
Sec. 74.127.  DOGE [SUNSET] PROVISION.
SECTION 3.  Section 74.127(a), Agriculture Code, is amended
(a)  The board of directors of the official cotton growers'
boll weevil eradication foundation is subject to Chapter 325,
Government Code (Texas DOGE [Sunset] Act).  Unless continued in
existence as provided by that chapter, the board is abolished
SECTION 4.  Section 161.027, Agriculture Code, is amended to
Sec. 161.027.  DOGE [SUNSET] PROVISION.  The Texas Animal
Health Commission is subject to Chapter 325, Government Code (Texas
DOGE [Sunset] Act).  Unless continued in existence as provided by
that chapter, the commission is abolished September 1, 2035.
SECTION 5.  Section 201.025, Agriculture Code, is amended to
Sec. 201.025.  DOGE [SUNSET] PROVISION.  The State Soil and
Water Conservation Board is subject to Chapter 325, Government Code
(Texas DOGE [Sunset] Act).  Unless continued in existence as
provided by that chapter, the state board is abolished September 1,
SECTION 6.  Section 5.01(b), Alcoholic Beverage Code, is
(b)  The Texas Alcoholic Beverage Commission is subject to
Chapter 325, Government Code (Texas DOGE [Sunset] Act).  Unless
continued in existence as provided by that chapter, the commission
is abolished and Subchapter A, Chapter 5, expires September 1,
SECTION 7.  Section 7.004, Education Code, is amended to
Sec. 7.004.  DOGE [SUNSET] PROVISION.  (a)  The Texas
Education Agency is subject to Chapter 325, Government Code (Texas
DOGE [Sunset] Act).  Unless continued in existence as provided by
that chapter, the agency is abolished September 1, 2029.
(b)  As part of the Department of Government Efficiency's
[Sunset Advisory Commission's] review of the agency under
Subsection (a), the department [commission] in coordination with
the agency shall select for review three regional education service
centers that serve diverse geographic areas of the state and
diverse population sizes.  The department's [commission's] review
of the agency must include an evaluation of the agency's oversight
SECTION 8.  Section 19.0022, Education Code, is amended to
Sec. 19.0022.  DOGE [SUNSET] PROVISION.  The Windham School
District is subject to review under Chapter 325, Government Code
(Texas DOGE [Sunset] Act).  The district shall be reviewed during
the period in which the Texas Department of Criminal Justice is
SECTION 9.  Section 33.254, Education Code, is amended to
Sec. 33.254.  DOGE [SUNSET] PROVISION.  The council is
subject to Chapter 325, Government Code (Texas DOGE [Sunset] Act).
Unless continued in existence as provided by that chapter, the
council is abolished and this subchapter expires September 1, 2029.
SECTION 10.  Section 51.153(e), Education Code, is amended
(e)  The Western Information Network Association is subject
to the Texas DOGE [Sunset] Act (Chapter 325, Government Code).
Unless continued in existence as provided by that Act, the
association is abolished September 1, 1989.
SECTION 11.  Section 51.168(d), Education Code, is amended
(d)  An information network association created under this
section is subject to the Texas DOGE [Sunset] Act (Chapter 325,
Government Code).  Unless continued in existence as provided by
that Act, the association is abolished September 1, 1989.
SECTION 12.  Section 54.603, Education Code, is amended to
Sec. 54.603.  DOGE [SUNSET] PROVISION.  The Prepaid Higher
Education Tuition Board is subject to Chapter 325, Government Code
(Texas DOGE [Sunset] Act).  Unless continued in existence as
provided by that chapter, the board is abolished September 1, 2035.
SECTION 13.  Section 61.0211, Education Code, is amended to
Sec. 61.0211.  DOGE [SUNSET] PROVISION.  The Texas Higher
Education Coordinating Board is subject to Chapter 325, Government
Code (Texas DOGE [Sunset] Act).  Unless continued in existence as
provided by that chapter, the board is abolished and this chapter
SECTION 14.  Section 11.108, Finance Code, is amended to
Sec. 11.108.  DOGE [SUNSET] PROVISION.  The finance
commission is subject to Chapter 325, Government Code (Texas DOGE
[Sunset] Act).  Unless continued in existence as provided by that
chapter, the commission is abolished September 1, 2031.
SECTION 15.  Section 12.109, Finance Code, is amended to
Sec. 12.109.  DOGE [SUNSET] PROVISION.  The office of
banking commissioner is subject to Chapter 325, Government Code
(Texas DOGE [Sunset] Act).  Unless continued in existence as
provided by that chapter, the office is abolished September 1,
SECTION 16.  Section 13.012, Finance Code, is amended to
Sec. 13.012.  DOGE [SUNSET] PROVISION.  The office of
savings and mortgage lending commissioner and the Department of
Savings and Mortgage Lending are subject to Chapter 325, Government
Code (Texas DOGE [Sunset] Act).  Unless continued in existence as
provided by that chapter, the office and department are abolished
SECTION 17.  Section 14.066, Finance Code, is amended to
Sec. 14.066.  DOGE [SUNSET] PROVISION.  The office is
subject to Chapter 325, Government Code (Texas DOGE [Sunset] Act).
Unless continued in existence as provided by that chapter, the
office is abolished September 1, 2031.
SECTION 18.  Section 15.212, Finance Code, is amended to
Sec. 15.212.  DOGE [SUNSET] PROVISION.  The Credit Union
Department and the Credit Union Commission are subject to Chapter
325, Government Code (Texas DOGE [Sunset] Act).  Unless continued
in existence as provided by that chapter, the department and
commission are abolished September 1, 2035.
SECTION 19.  Section 33.003, Government Code, is amended to
Sec. 33.003.  DOGE [SUNSET] PROVISION.  The State Commission
on Judicial Conduct is subject to review under Chapter 325 (Texas
DOGE [Sunset] Act), but is not abolished under that chapter.  The
commission shall be reviewed during the period in which state
agencies abolished in 2029, and every 12th year after that year, are
SECTION 20.  Section 33.0322, Government Code, is amended to
Sec. 33.0322.  CONFIDENTIAL INFORMATION PROVIDED TO
DEPARTMENT OF GOVERNMENT EFFICIENCY [SUNSET ADVISORY COMMISSION].
(a)  Notwithstanding Section 33.032 or other law, including Section
1-a(10), Article V, Texas Constitution, the commission shall
provide to the Department of Government Efficiency [Sunset Advisory
Commission] staff conducting a review under Chapter 325 (Texas DOGE
[Sunset] Act) access to the commission's confidential documents,
records, meetings, and proceedings, including proceedings in which
testimony is given, as the Department of Government Efficiency
[Sunset Advisory Commission] staff determines necessary to conduct
a complete and thorough evaluation of the commission's activities.
(b)  The confidentiality provisions of this chapter and
other law do not authorize the commission to withhold from the
Department of Government Efficiency [Sunset Advisory Commission]
staff access to any confidential document, record, meeting, or
proceeding to which the Department of Government Efficiency [Sunset
Advisory Commission] staff determines access is necessary for a
review under Chapter 325 (Texas DOGE [Sunset] Act).
(c)  The Department of Government Efficiency [Sunset
Advisory Commission] staff shall maintain the confidentiality the
commission is required to maintain under this chapter and other law
for each document, record, meeting, or proceeding that the staff
accesses or receives as part of a review under Chapter 325 (Texas
(d)  The commission does not violate the attorney-client
privilege, or any other privilege or confidentiality requirement
protected or required by the Texas Constitution, common law,
statutory law, or rules of evidence, procedure, or professional
conduct, by providing to the Department of Government Efficiency
[Sunset Advisory Commission] staff for purposes of a review under
Chapter 325 (Texas DOGE [Sunset] Act) a confidential communication,
including a document or record or any testimony or other
information presented in a closed meeting or proceeding of the
commission, that is made between the commission and its attorneys
or other employees assisting the commission in its decision-making
SECTION 21.  Section 81.003, Government Code, is amended to
Sec. 81.003.  DOGE [SUNSET] PROVISION.  The state bar is
subject to Chapter 325 (Texas DOGE [Sunset] Act).  Unless continued
in existence as provided by that chapter, this chapter expires
SECTION 22.  Section 81.113(a), Government Code, is amended
(a)  Except as provided by Subsection (b), the state bar
shall credit an attorney licensed in this state with meeting the
minimum continuing legal education requirements of the state bar
for a reporting year if during the reporting year the attorney is
employed full-time as an attorney by:
(2)  the house of representatives;
(3)  a committee, division, department, or office of
(4)  the Texas Legislative Council;
(5)  the Legislative Budget Board;
(6)  the Legislative Reference Library;
(7)  the office of the state auditor; or
(8)  the Department of Government Efficiency [Sunset
SECTION 23.  Section 82.006, Government Code, is amended to
Sec. 82.006.  DOGE [SUNSET] PROVISION.  The Board of Law
Examiners is subject to Chapter 325 (Texas DOGE [Sunset] Act).
Unless continued in existence as provided by that chapter, the
board is abolished September 1, 2029.
SECTION 24.  Section 152.001, Government Code, is amended to
Sec. 152.001.  DOGE [SUNSET] PROVISION.  The Judicial Branch
Certification Commission is subject to Chapter 325 (Texas DOGE
[Sunset] Act), but is not abolished under that chapter.  The
commission shall be reviewed during the period in which state
agencies abolished in 2029, and every 12th year after that year, are
SECTION 25.  Section 321.013(c), Government Code, is amended
(c)  The State Auditor shall recommend the audit plan for the
state for each year to the committee.  In devising the plan, the
State Auditor shall consider recommendations concerning
coordination of agency functions made jointly by representatives of
the Legislative Budget Board, Department of Government Efficiency
[Sunset Advisory Commission], and State Auditor's Office.  The
State Auditor shall also consider the extent to which a department
has received a significant increase in appropriations, including a
significant increase in federal or other money passed through to
the department, and shall review procurement activities for
compliance with Section 2161.123.  The plan shall provide for
auditing of federal programs at least as often as required under
federal law and shall ensure that audit requirements of all bond
covenants and other credit or financial agreements are satisfied.
The committee shall review and approve the plan.
SECTION 26.  Section 321.0134(b), Government Code, is
(b)  An effectiveness audit may be scheduled only when the
audited entity is not scheduled for review under the Texas DOGE
SECTION 27.  Section 322.0175(a), Government Code, is
(a)  The board shall perform a strategic fiscal review for
each state agency currently the subject of Department of Government
Efficiency [Sunset Advisory Commission] review under Chapter 325
(Texas DOGE [Sunset] Act).  The board shall not perform a review
under this section of state agencies listed in Section 325.025(b),
Government Code, because these agencies are not subject to the
legislative appropriations process.
SECTION 28.  The heading to Chapter 325, Government Code, is
CHAPTER 325.  DOGE [SUNSET] LAW
SECTION 29.  Section 325.001, Government Code, is amended to
Sec. 325.001.  SHORT TITLE.  This chapter may be cited as the
SECTION 30.  Section 325.002, Government Code, is amended by
amending Subdivision (3) and adding Subdivision (4) to read as
(3)  "Board" ["Commission"] means the board of the
Department of Government Efficiency [Sunset Advisory Commission].
(4)  "Department" means the Department of Government
SECTION 31.  The heading to Section 325.003, Government
Code, is amended to read as follows:
Sec. 325.003.  DEPARTMENT OF GOVERNMENT EFFICIENCY; BOARD
SECTION 32.  Sections 325.003(a), (a-1), (b), (c), (d), (e),
(e-1), (g), (i), (j), and (k), Government Code, are amended to read
(a)  The Department of Government Efficiency [Sunset
Advisory Commission] is a legislative agency that has as its goal
the streamlining of government through the use of technology to
find and eliminate waste and inefficiency.  The department is
governed by a board that consists of five members of the senate and
one public member appointed by the lieutenant governor and five
members of the house of representatives and one public member
appointed by the speaker of the house.  The lieutenant governor and
the speaker of the house may serve as one of the legislative
(a-1)  A public member acts on behalf of the legislature when
participating on the board [commission] in furtherance of the
legislature's duty to provide oversight of executive branch
agencies' implementation of legislative priorities.
(b)  An individual is not eligible for appointment as a
public member if the individual or the individual's spouse is:
(1)  regulated by a state agency that the board
[commission] will review during the term for which the individual
(2)  employed by, participates in the management of, or
directly or indirectly has more than a 10 percent interest in a
business entity or other organization regulated by a state agency
the board [commission] will review during the term for which the
(3)  required to register as a lobbyist under Chapter
305 because of the person's activities for compensation on behalf
of a profession or entity related to the operation of an agency
(c)  It is a ground for removal of a public member from the
board [commission] if the member does not have the qualifications
required by Subsection (b) for appointment to the board
[commission] at the time of appointment or does not maintain the
qualifications while serving on the board [commission].  The
validity of the board's [commission's] action is not affected by the
fact that it was taken when a ground for removal of a public member
from the board [commission] existed.
(d)  Legislative members serve four-year terms, with terms
staggered so that the terms of as near to one-half of the
legislative members appointed by the lieutenant governor as
possible and the terms of as near to one-half of the legislative
members appointed by the speaker as possible expire September 1 of
each odd-numbered year.  If the lieutenant governor or the speaker
serves on the board [commission], service continues until
resignation from the board [commission] or until the individual
ceases to hold the office.  Public members serve two-year terms
expiring September 1 of each odd-numbered year.
(e)  Members other than the lieutenant governor and the
speaker are subject to the following restrictions:
(1)  after a legislative member serves two terms on the
board [commission] or a public member serves three terms on the
board [commission], the individual is not eligible for appointment
to another term or part of a term;
(2)  a legislative member who serves a full term may not
be appointed to an immediately succeeding term; and
(3)  a public member may not serve more than two
consecutive terms, and, for purposes of this prohibition, a member
is considered to have served a term only if the member has served
(e-1)  If an individual serves for less than a full term, the
term is not counted toward determining the individual's eligibility
to serve on the board [commission] under Subsection (e)(1) unless
the individual was a member of the board [commission] for each
public hearing at which the state agencies being reviewed during
the individual's term were discussed.
(g)  If a legislative member ceases to be a member of the
house from which he was appointed, the member vacates his
membership on the board [commission].
(i)  The board [commission] shall have a chairman and
vice-chairman as presiding officers.  The chairmanship and
vice-chairmanship must alternate every two years between the two
membership groups appointed by the lieutenant governor and the
speaker.  The chairman and vice-chairman may not be from the same
membership group.  The lieutenant governor shall designate a
presiding officer from his appointed membership group and the
speaker shall designate the other presiding officer from his
(j)  Seven members of the board [commission] constitute a
quorum.  A final action or recommendation may not be made unless
approved by a record vote of a majority of members appointed by the
lieutenant governor and the speaker of the house.  All other actions
by the board [commission] shall be decided by a majority of the
(k)  Each member of the board [commission] is entitled to
reimbursement for actual and necessary expenses incurred in
performing board [commission] duties.  Each legislative member is
entitled to reimbursement from the appropriate fund of the member's
respective house.  Each public member is entitled to reimbursement
from funds appropriated to the department [commission].
SECTION 33.  Sections 325.004(a) and (c), Government Code,
are amended to read as follows:
(a)  The board [commission] shall employ an executive
director to act as the executive head of the department
(c)  The chairman and vice-chairman of the board
[commission] may each employ a staff to work for them on matters
related to board [commission] activities.
SECTION 34.  Section 325.005, Government Code, is amended to
Sec. 325.005.  RULES.  The board [commission] shall adopt
rules necessary to carry out this chapter.
SECTION 35.  Section 325.007, Government Code, is amended to
Sec. 325.007.  AGENCY REPORT TO DEPARTMENT [COMMISSION].
(a)  Before September 1 of the odd-numbered year before the year in
which a state agency subject to this chapter is abolished, the
agency shall report to the department [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 department [commission].
(b)  The reports under Subsection (a) must be submitted in
electronic format only.  The department [commission] shall
prescribe the electronic format to be used.
SECTION 36.  Section 325.0075, Government Code, is amended
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,
the agency shall submit to the department [commission], the
governor, the lieutenant governor, and each member of the
(1)  lists each report that the agency is required by a
(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
SECTION 37.  The heading to Section 325.008, Government
Code, is amended to read as follows:
Sec. 325.008.  DEPARTMENT [COMMISSION] DUTIES.
SECTION 38.  Sections 325.008(a) and (b), Government Code,
are 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,
the department [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
(3)  conduct a review of the agency based on the
criteria provided in Section 325.011 and prepare a written report;
(4)  conduct the evaluation required by Section
(5)  review the implementation of department
[commission] recommendations contained in the reports presented to
the legislature during the preceding legislative session and the
(b)  The written report prepared by the department
[commission] under Subsection (a)(3) is a public record.
SECTION 39.  Chapter 325, Government Code, is amended by
adding Section 325.0085 to read as follows:
Sec. 325.0085.  RELOCATION OF STATE AGENCY HEADQUARTERS.
(a)  For each state agency reviewed under this chapter whose
headquarters is located in Travis County or an adjacent county, the
department, with the assistance of the Texas Facilities Commission,
shall evaluate the cost savings to this state of relocating the
state agency's headquarters to a location outside of Travis County
or an adjacent county.  In determining the cost savings to the
state, the department shall consider the following factors over a
(1)  the cost of leasing or purchasing office space for
the state agency in a location outside of Travis County or an
(2)  the cost of moving the state agency to the new
(3)  the market value of any state-owned property
currently being used for the state agency's headquarters, including
the amount of income the state could earn by leasing or selling the
(4)  any other information the department or Texas
Facilities Commission considers relevant in determining whether
the relocation creates a cost saving to this state.
(b)  If the department determines relocating a state agency
creates a cost saving to this state, the state agency shall relocate
the agency's headquarters to the location determined by the
SECTION 40.  Section 325.009, Government Code, is amended to
Sec. 325.009.  PUBLIC HEARINGS.  (a)  Before February 1 of
the year a state agency subject to this chapter and its advisory
committees are abolished, the department [commission] shall
conduct public hearings concerning but not limited to the
application to the agency of the criteria provided in Section
(b)  The department [commission] may hold the public
hearings after the review of the agency required by Section
325.008(a)(3) is complete and available to the public.
(c)  Notwithstanding Subsection (a), the department
[commission] may not discuss in a public hearing the application to
an agency of the criteria provided in Section 325.011(14).  The
department [commission] staff shall notify the board [commission]
of any findings and recommendations regarding the criteria provided
SECTION 41.  Section 325.010, Government Code, is amended to
Sec. 325.010.  DEPARTMENT [COMMISSION] REPORT.  (a)  At each
regular legislative session, the department [commission] shall
present to the legislature and the governor a report on the agencies
and advisory committees reviewed.
(b)  In the report the department [commission] shall
(1)  its findings regarding the criteria prescribed by
Section 325.011, except Section 325.011(14);
(2)  its recommendations based on the matters
prescribed by Section 325.012, except recommendations relating to
criteria prescribed by Section 325.011(14); and
(3)  other information the department [commission]
considers necessary for a complete review of the agency.
SECTION 42.  Section 325.011, Government Code, is amended to
Sec. 325.011.  CRITERIA FOR REVIEW.  In order to lower state
spending and minimize waste in the provision of state services, the
board  [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
(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
(B)  the extent to which the mission, goals, and
objectives have been achieved and the problem or need has been
(3)(A)  an identification of any activities of the
agency in addition to those granted by statute and of the authority
(B)  the extent to which those activities are
(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
(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
(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
(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
(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
(12)  the effect of federal intervention or loss of
federal funds if the agency is abolished;
(13)  the extent to which the purpose and effectiveness
of reporting requirements imposed on the agency justifies the
continuation of the requirement; and
(14)  an assessment of the agency's cybersecurity
practices using confidential information available from the
Department of Information Resources or any other appropriate state
SECTION 43.  Sections 325.0115(b), (c), and (d), Government
Code, are amended to read as follows:
(b)  In an assessment of an agency that licenses an
occupation or profession, the board [commission] and its staff
(1)  whether the occupational licensing program:
(A)  serves a meaningful, defined public
(B)  provides the least restrictive form of
regulation that will adequately protect the public interest;
(2)  the extent to which the regulatory objective of
the occupational licensing program may be achieved through market
forces, private or industry certification and accreditation
programs, or enforcement of other law;
(3)  the extent to which licensing criteria, if
applicable, ensure that applicants have occupational skill sets or
competencies that correlate with a public interest and the impact
that those criteria have on applicants, particularly those with
moderate or low incomes, seeking to enter the occupation or
(4)  the impact of the regulation, including the extent
to which the program stimulates or restricts competition and
affects consumer choice and the cost of services.
(c)  As part of the department's [commission's] review of an
agency that licenses an occupation or profession, the board
[commission] and its staff shall determine whether the governing
body of the agency being reviewed has made an evaluation regarding
the type of personal information of license holders that the agency
should make available on the agency's Internet website based on the
(1)  the type of information the public needs to file a
(2)  the type of information the public needs to locate
an existing or potential service provider;
(3)  the type of information the public needs to verify
(4)  whether making the information available on the
agency's Internet website could subject a license holder to
harassment, solicitation, or other nuisance.
(d)  If the department [commission] determines that the
governing body of an agency has not completed the evaluation
described by Subsection (c), the department [commission] shall make
a recommendation that the governing body of the agency perform such
SECTION 44.  Section 325.012, Government Code, is amended to
Sec. 325.012.  RECOMMENDATIONS.  (a)  In its report on a
state agency, the department [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
(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
(4)  make recommendations on the continuation or
abolition of each reporting requirement imposed on the agency by
(b)  The department [commission] shall include the estimated
fiscal impact of its recommendations and may recommend
appropriation levels for certain programs to improve the operations
of the state agency, to be forwarded to the Legislative Budget
(c)  The department [commission] shall have drafts of
legislation prepared to carry out the department's [commission's]
recommendations under this section.
(d)  After the legislature acts on the report under Section
325.010, the department [commission] shall present to the state
auditor the department's [commission's] recommendations that do not
require a statutory change to be put into effect.  Based on a risk
assessment and subject to the legislative audit committee's
approval of including the examination in the audit plan under
Section 321.013, the state auditor may examine the recommendations
and include as part of the next approved audit of the agency a
report on whether the agency has implemented the recommendations
SECTION 45.  Section 325.0123, Government Code, is amended
Sec. 325.0123.  REVIEW OF CERTAIN AGENCIES FOR RESPECTFUL
LANGUAGE.  (a)  As part of its review of a health and human services
agency, the department [commission] shall consider and make
recommendations regarding the statutory revisions necessary to use
the phrase "intellectual disability" instead of "mental
retardation" and to use the phrase "person with intellectual
disability" instead of "person with mental retardation."
(b)  As part of its review of an agency, the department
[commission] shall consider and recommend, as appropriate,
statutory revisions in accordance with the person first respectful
language initiative under Chapter 392.
SECTION 46.  Sections 325.0124(b) and (c), Government Code,
are amended to read as follows:
(b)  As part of its review of a state agency, the department
[commission] shall determine whether the state agency sells
personal data the agency possesses.  If the state agency sells
personal data, the department [commission] shall determine:
(1)  to whom the personal data is sold;
(2)  to the extent possible, the purpose for which the
(3)  the amount the state agency receives for the sale
(4)  the law that authorizes the state agency to sell
(c)  The department [commission] shall recommend prohibiting
the sale of personal data by a state agency, unless the department
[commission] identifies a compelling state or public interest
justifying the state agency's authority to sell the personal data.
If the department [commission] recommends continuing the state
agency's authority to sell personal data, the department
[commission] shall make any recommendations it considers necessary
to protect the personal data from improper use and dissemination.
SECTION 47.  Section 325.0125, Government Code, is amended
Sec. 325.0125.  REVIEW OF CERTAIN AGENCIES.  (a)  In the
two-year period preceding the date scheduled for the abolition of a
state agency under this chapter, the department [commission] may
exempt certain agencies from the requirements of this chapter
relating to staff reports, hearings, and reviews.
(b)  The department [commission] may only exempt agencies
that have been inactive for a period of two years preceding the date
the agency is scheduled for abolition, that have been rendered
inactive by an action of the legislature, or that the department
[commission] determines are unable to participate in the review due
(c)  The department's [commission's] action in exempting
agencies under this section must be done by an affirmative record
vote and must be decided by a majority of all members present and
SECTION 48.  Section 325.0126, Government Code, is amended
Sec. 325.0126.  MONITORING OF RECOMMENDATIONS.  During each
legislative session, the staff of the department [commission]
(1)  monitor legislation affecting agencies that have
undergone DOGE [sunset] review immediately before the legislative
(2)  notify the members of the board [commission] about
any amendment to the legislation prepared under Section 325.012(c)
that modifies the department's [commission's] recommendations for a
(3)  provide legislative services to support the
passage of the legislation prepared under Section 325.012(c).
SECTION 49.  Section 325.0127(b), Government Code, is
(b)  A self-directed semi-independent agency shall pay the
costs incurred by the department [commission] in performing a
review of the agency under this chapter.  The department
[commission] shall determine the costs of the review, and the
agency shall pay the amount of those costs promptly on receipt of a
statement from the department [commission] regarding those costs.
SECTION 50.  Sections 325.018(a), (b), (d), and (f),
Government Code, are amended to read as follows:
(a)  The board [commission] 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 department [commission] proceedings.  The process may be served
on a witness at any place in this state.
(b)  If a majority of the board [commission] directs the
issuance of a subpoena, the chairman shall issue the subpoena in the
name of the board [commission].
(d)  If necessary to obtain compliance with a subpoena or
other process, the board [commission] may issue attachments.  The
attachments may be addressed to and served by any peace officer in
(f)  A witness who attends a department [commission]
proceeding under process is entitled to the same mileage and per
diem as a witness who appears before a grand jury in this state.
SECTION 51.  Section 325.019, Government Code, is amended to
Sec. 325.019.  ASSISTANCE OF AND ACCESS TO STATE AGENCIES.
(a)  The department [commission] may request the assistance of
state agencies and officers.  When assistance is requested, a state
agency or officer shall assist the department [commission].
(b)  In carrying out its functions under this chapter, the
department [commission] or its designated staff member may attend
any meetings and proceedings of any state agency, including any
meeting or proceeding of the governing body of the agency that is
closed to the public, and may inspect the records, documents, and
files of any state agency, including any record, document, or file
(2)  an attorney-client communication; or
(3)  made privileged or confidential by law.
(c)  It is the intent of the legislature to allow the board
[commission] and [its] designated department staff members to have
access to all meetings or proceedings of a state agency being
reviewed by the department [commission] under this chapter and to
all records, documents, and files of that agency.  To the extent
that this section conflicts with other law that purports to limit
the department's [commission's] access to meetings or proceedings
or to records, documents, and files, this section controls.  If
federal law prohibits a state agency from disclosing information in
a record, document, or file to the department [commission],
including information in a record, document, or file created as a
result of or considered during a meeting or proceeding, the state
agency may redact the protected information from the record,
(d)  Communications, including conversations,
correspondence, and electronic communications, between the board
[commission] or department [its] staff and a state agency that
relate to a request by the department [commission] for assistance
in conducting a review under this chapter are confidential.  A state
agency's internal communications related to a request for
assistance by the department [commission] are confidential,
including any information prepared or maintained by the state
agency at the request of the department [commission] or its staff.
With respect to a document, file, or other record prepared or
maintained by the state agency that was created in the normal course
of the agency's business and not at the request of the department
[commission], the confidentiality created by this subsection
applies only to information in the possession of the department
SECTION 52.  Section 325.0195, Government Code, is amended
Sec. 325.0195.  RECORDS PROTECTED FROM DISCLOSURE.  (a)  A
working paper, including all documentary or other information,
prepared or maintained by the department [commission] 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 department [commission] receives
in connection with the performance of the department's
[commission's] functions under this chapter or another law remains
confidential and is excepted from the public disclosure
requirements of Section 552.021.
(c)  A state agency that provides the department
[commission] with access to a privileged or confidential
communication, record, document, or file under Section 325.019 for
purposes of a review under this chapter does not waive the
attorney-client privilege, or any other privilege or
confidentiality requirement protected or required by the Texas
Constitution, common law, statutory law, or rules of evidence,
procedure, or professional conduct, with respect to the
communication, record, document, or file provided to the department
[commission].  For purposes of this subsection, a communication
includes a discussion that occurs at a meeting or proceeding of the
state agency that is closed to the public.
(d)  The state agency may require the department
[commission] or the members of the department's [commission's]
staff who view, handle, or are privy to information, or who attend a
meeting that is not accessible to the public, to sign a
confidentiality agreement that covers the information and requires
(1)  the information not be disclosed outside the
department [commission] for purposes other than the purpose for
(2)  the information be labeled as confidential;
(3)  the information be kept securely; and
(4)  the number of copies made of the information or the
notes taken from the information that implicate the confidential
nature of the information be controlled, with all copies or notes
that are not destroyed or returned to the governmental body
remaining confidential and subject to the confidentiality
(e)  A person who obtains access to confidential information
in connection with the performance of the department's
[commission's] duties under this chapter or another law commits an
offense if the person knowingly:
(1)  uses the confidential information for a purpose
other than the purpose for which the information was received or for
a purpose unrelated to the law that permitted the person to obtain
access to the information, including solicitation of political
contributions or solicitation of clients;
(2)  permits inspection of the confidential
information by a person who is not authorized to inspect the
(3)  discloses the confidential information to a person
who is not authorized to receive the information.
SECTION 53.  Section 325.022, Government Code, is amended to
Sec. 325.022.  REVIEW OF PROPOSED LEGISLATION CREATING AN
AGENCY.  (a)  Each bill filed in a house of the legislature that
would create a new state agency or a new advisory committee to a
state agency shall be reviewed by the department [commission].
(b)  The department [commission] shall review the bill to
(1)  the proposed functions of the agency or committee
could be administered by one or more existing state agencies or
(2)  the form of regulation, if any, proposed by the
bill is the least restrictive form of regulation that will
(3)  the bill provides for adequate public input
regarding any regulatory function proposed by the bill; and
(4)  the bill provides for adequate protection against
conflicts of interest within the agency or committee.
(c)  On request, the department [commission] shall forward a
written comment on the legislation to the author of the bill and to
the presiding officer of the committee to which the bill is
SECTION 54.  Section 325.023, Government Code, is amended to
Sec. 325.023.  REVIEW OF PROPOSED LEGISLATION REGULATING AN
OCCUPATION.  (a)  Not later than December 31 of an odd-numbered
year, a member of the legislature may submit proposed legislation
that would create an occupational licensing program or
significantly affect an existing occupational licensing program to
the department [commission] for review and analysis.  A request
under this section may be submitted after December 31 of an
odd-numbered year on the approval of the board's [commission's]
chair based on the recommendation of the executive director.  The
board's [commission's] chair may, on the recommendation of the
executive director, deny a request for review under this section.
(b)  If the department [commission] reviews and analyzes
legislation proposing the regulation of an occupation, the
department [commission] shall submit a report to the legislature
before the start of the next legislative session regarding the
department's [commission's] findings on the need for regulating the
occupation and the type of regulation recommended, if any.
(c)  In analyzing legislation proposing the creation of an
occupational licensing program, the department [commission] shall
(1)  the unregulated practice of the occupation would
be inconsistent with the public interest as defined by Section
(2)  the public can reasonably be expected to benefit
from an assurance of initial and continuing professional skill sets
(3)  the public can be more effectively protected by
means other than state regulation.
(d)  If the department [commission] reviews and analyzes
proposed legislation amending an existing occupational licensing
program, the department [commission] shall submit a report to the
legislature before the start of the next legislative session
regarding the department's [commission's] findings on the need for
SECTION 55.  Section 325.024, Government Code, is amended to
Sec. 325.024.  GIFTS AND GRANTS.  (a)  The department
[commission] may accept gifts, grants, and donations from any
organization described in Section 501(c)(3) of the Internal Revenue
Code for the purpose of funding any activity under this chapter.
(b)  All gifts, grants, and donations must be accepted in an
open meeting by a majority of the voting members of the board
[commission] and reported in the public record of the department
[commission] with the name of the donor and purpose of the gift,
SECTION 56.  Sections 325.025(d) and (e), Government Code,
are amended to read as follows:
(d)  A river authority shall pay the cost incurred by the
department [commission] in performing a review of the authority
under this section.  The department [commission] shall determine
the cost, and the authority shall pay the amount promptly on receipt
of a statement from the department [commission] detailing the cost.
(e)  A river authority reviewed by the department
[commission] under this section may not be required to conduct a
management audit under Chapter 292, Title 30, Texas Administrative
SECTION 57.  The heading to Section 326.003, Government
Code, is amended to read as follows:
Sec. 326.003.  COMMITTEE OF STATE AUDITOR'S OFFICE,
LEGISLATIVE BUDGET BOARD, AND DEPARTMENT OF GOVERNMENT EFFICIENCY
SECTION 58.  Section 326.003(a), Government Code, is amended
(a)  The State Auditor's Office, Legislative Budget Board,
and Department of Government Efficiency [Sunset Advisory
Commission] shall form a committee to make recommendations relating
to the coordination of the agencies' functions.
SECTION 59.  Section 411.002(c), Government Code, is amended
(c)  The Department of Public Safety of the State of Texas is
subject to Chapter 325 (Texas DOGE [Sunset] Act).  Unless continued
in existence as provided by that chapter, the department is
abolished and Subsections (a) and (b) expire September 1, 2031.
SECTION 60.  Section 419.003, Government Code, is amended to
Sec. 419.003.  DOGE [SUNSET] PROVISION.  The Texas
Commission on Fire Protection is subject to Chapter 325 (Texas DOGE
[Sunset] Act).  Unless continued in existence as provided by that
chapter, the commission is abolished September 1, 2035.
SECTION 61.  Section 420A.004, Government Code, is amended
Sec. 420A.004.  DOGE [SUNSET] PROVISION.  The Texas Civil
Commitment Office is subject to Chapter 325 (Texas DOGE [Sunset]
Act).  Unless continued in existence as provided by that chapter,
the office is abolished and this chapter expires September 1, 2027.
SECTION 62.  Section 434.002, Government Code, is amended to
Sec. 434.002.  APPLICATION OF DOGE [SUNSET], OPEN MEETINGS,
AND ADMINISTRATIVE PROCEDURE LAWS.  (a)  The Texas Veterans
Commission is subject to Chapter 325 (Texas DOGE [Sunset] Act).
Unless continued in existence as provided by that chapter, the
commission is abolished September 1, 2031.
(b)  The commission is subject to Chapter 551, and Chapter
SECTION 63.  Section 437.051, Government Code, is amended to
Sec. 437.051.  DOGE [SUNSET] PROVISION.  The department is
subject to Chapter 325 (Texas DOGE [Sunset] Act).  Unless continued
in existence as provided by that chapter, the department is
SECTION 64.  Section 441.001(q), Government Code, is amended
(q)  The Texas State Library and Archives Commission is
subject to Chapter 325 (Texas DOGE [Sunset] Act).  Unless continued
in existence as provided by that chapter, the commission is
SECTION 65.  The heading to Section 442.002, Government
Code, is amended to read as follows:
Sec. 442.002.  COMMISSION;  MEMBERS;  DOGE [SUNSET] ACT.
SECTION 66.  Section 442.002(k), Government Code, is amended
(k)  The Texas Historical Commission is subject to Chapter
325 (Texas DOGE [Sunset] Act).  Unless continued in existence as
provided by that chapter, the commission is abolished and this
chapter expires September 1, 2031.
SECTION 67.  Section 443.002, Government Code, is amended to
Sec. 443.002.  DOGE [SUNSET] PROVISION.  The State
Preservation Board is subject to Chapter 325 (Texas DOGE [Sunset]
Act).  Unless continued in existence as provided by that chapter,
the board is abolished and this chapter expires September 1, 2029.
SECTION 68.  The heading to Section 444.002, Government
Code, is amended to read as follows:
Sec. 444.002.  APPLICATION OF DOGE [SUNSET], OPEN MEETINGS,
AND ADMINISTRATIVE PROCEDURES LAWS.
SECTION 69.  Section 444.002(a), Government Code, is amended
(a)  The Texas Commission on the Arts is subject to Chapter
325 (Texas DOGE [Sunset] Act).  Unless continued in existence as
provided by that chapter, the commission is abolished and this
chapter expires September 1, 2029.
SECTION 70.  Section 448.002, Government Code, is amended to
Sec. 448.002.  DOGE [SUNSET] REVIEW.  The advisory
commission shall be reviewed during the period in which the Texas
Historical Commission is reviewed under Chapter 325.
SECTION 71.  Section 467.002, Government Code, is amended to
Sec. 467.002.  APPLICATION OF DOGE [SUNSET] ACT.  The
commission is subject to review under Chapter 325 (Texas DOGE
[Sunset] Act).  Unless continued in existence as provided by that
chapter, the commission is abolished and this chapter, Chapter 466
of this code, and Chapter 2001, Occupations Code, expire September
SECTION 72.  Sections 472.051(c) and (d), Government Code,
are amended to read as follows:
(c)  The Department of Government Efficiency [Sunset
Advisory Commission] shall examine each agency's performance as a
self-directed and semi-independent agency and the agency's
compliance with this chapter as part of the department's
[commission's] periodic review of the agency under Chapter 325
(d)  Each agency shall pay the cost incurred by the
Department of Government Efficiency [Sunset Advisory Commission]
in performing a review of the agency under the agency's enabling
legislation.  The Department of Government Efficiency [Sunset
Advisory Commission] shall determine the cost, and the agency shall
pay the amount promptly on receipt of a statement from the
Department of Government Efficiency [Sunset Advisory Commission]
SECTION 73.  Section 481.003, Government Code, is amended to
Sec. 481.003.  DOGE [SUNSET] PROVISION.  The Texas Economic
Development and Tourism Office is subject to Chapter 325 (Texas
DOGE [Sunset] Act).  Unless continued in existence as provided by
that chapter, the office is abolished September 1, 2035.
SECTION 74.  Section 482.103, Government Code, is amended to
Sec. 482.103.  DOGE [SUNSET] PROVISIO