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The Senate just passed 31-0 its so-called safety net bill that will allow agencies subject to sunset review this session to continue for two years, even if their bill authorizing a bill continuation does not pass. Of the 25 or so agencies under review, only a handful have seen their continuation bills pass both chambers. Under law, if those bills don't pass, they go out of business -- include another bill provides them a temporary lifeline.

But the Texas Residential Construction Commission won't be among the agencies afforded that extension, at least not according to the bill that just passed the Senate. Sen. Glenn Hegar, R-Katy, added an amendment that would leave out of the safety net that commission, and instead shut it down after this session.

Hegar's amendment provides a "kinder, gentler" time line, however. The agency would be given until Feb. 1, 2010 to wrap up its business and then go out of existence.

Hearings late last year about the future of the commission drew hundreds of members of the public, most of whom urged the commission to end the agency. The sunset advisory commission staff recommended the commission do just that, but the commission itself -- dominated by lawmakers who hold 10 of the 12 seats -- decided against it. Instead, the sunset advisory legislation moved forward in the House with substantial reforms of the agency. (More on this here.)

So while no senate version of the sunset bill is likely to pass, the House could insist during conference committee negotiations over the safety-net bill that the commission be added to the list of agencies that will be extended for two years. Hegar conceded a moment ago that additional changes to the schedule could be imposed during the conference committee negotiations over the final shape of the safety net bill.

Hegar said if the agency dies, warranties offered to consumers will be enforced by common law, even if statutory guarantees go away. In addition, even though some state building standards may lapse, federal construction codes will ensure safe construction of homes.

Another provision of the Senate bill that just passed would push back for two years, until 2013, sunset review of the Health and Human Services agency, Texas' largest.
http://trailblazersblog.dallasnews.com/archives/2009/05/senate-adds-amendment-that-wou.html 
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