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Mary Scott Nabers  

Sunset reviews promising 'bold' recommendations as agencies scrutinized

 By Mary Scott Nabers, CEO of Strategic Partnerships, Inc.

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In most instances, agencies that are recommended for continuation are continued for 12 years, with Sunset staff doing a follow-up review after two years to ensure that any other recommendations that were approved are being implemented. However, in some cases, the Commission may recommend continuation of the agency for a shorter period of time.

With some of the state's largest agencies - the Texas Department of Transportation (TxDOT), the Texas Department of Insurance (TDI), the Texas Parks and Wildlife Department (TPWD), the Texas Department of Agriculture (TDA) and the Texas Department of Public Safety (DPS) - up for review this biennium, and with the ever-changing face of state government, other recommendations may well be made regarding policies and procedures, efficiencies and even an agency's mission.

For an agency such as TxDOT, with a new executive director and facing a loss of $3.6 billion in federal funds by 2015, increasing costs and decreasing revenues have led agency officials to predict more of the agency's funds will be spent in the near future on maintenance of existing infrastructure than on new construction. These types of issues are among those that will be studied during the sunset process. Sunset members also will be studying agency regulations and efficiencies, and if agencies are duplicating efforts.

The sunset process for this biennium started last summer, with each agency providing a self-evaluation. The Commission staff reviews those reports and then conducts a review of each agency on its own. Their recommendations are then brought before the Commission members in public hearings, some of which are likely to be held outside of Austin during this review period.

If the Commission recommends that an agency should be continued, legislation will be drafted to that effect for the next legislative session. Those bills can also include other recommendations that were approved for each agency.

In addition to the large agencies such as TxDOT, other major agencies up for review include the Commission on Jail Standards, the Texas Juvenile Probation Commission, the Texas Medical Board (limited review), the Texas Racing Commission, the Texas Residential Construction Commission, the Office of State-Federal Relations and the Texas Youth Commission.

The remaining agencies to undergo sunset review this biennium include:

  • Credit Union Commission
  • Office of Public Insurance Counsel
  • Texas Military Preparedness Commission
  • Facilities Commission Study
  • Texas State Affordable Housing Corporation
  • Board of Tax Professional Examiners
  • Texas Commission on Fire Protection
  • Texas Commission on Law Enforcement Officer Standards and Education
  • Polygraph Examiners Board
  • Texas Private Security Board
  • Texas-Israel Exchange Fund Board
  • Office of Independent Ombudsman, Texas Youth Commission
  • Prescribed Burning Board
  • Equine Research Account Advisory Committee
  • Board of Directors of the Official Cotton Boll Weevil Eradication Foundation

Sunset reviews historically have always drawn a lot of attention. Vendors and others who plan to do business with these agencies should keep abreast of the reviews and the recommendations, some of which can often lead to sweeping changes at an agency.