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Mary Scott Nabers  

Sunset process monitors state agencies' futures

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

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The Commission, composed of five appointed members from the Texas House, five from the Senate and two public members, meets periodically to hear Sunset staff reports and recommendations. These meetings are related to hearing reviews of each agency - whether there is a need for the agency to continue, whether changes need to be made and whether an agency should be continued or abolished.

During the recently completed 80th Texas Legislature, 43 "Sunset bills" were introduced that included many of the recommendations made by Sunset staff and approved by the Commission, as well as recommendations regarding the fate of each agency. While legislation that passes generally continues the various agencies for a period of another 12 years, there are some exceptions.

Of the agencies up for review during the 2006-07 cycle, most - such as the Texas Alcoholic Beverage Commission, the Texas Real Estate Commission and the Teacher Retirement System - were extended for another 12 years by legislation. However, the Texas Department of Criminal Justice, the Correctional Managed Health Care Committee and the Texas Board of Criminal Justice were extended only through 2011, a four-year period.

The Board of Nurse Examiners was extended 10 years, and the Office of Rural Community Affairs, the Texas Veterans Commission and the Texas Commission on the Arts were extended only six years. Lawmakers also passed legislation that allows one agency - the Texas Structural Pest Control Board - to continue as an independent agency until March 2008, at which time the agency and its duties will be transferred to the Texas Department of Agriculture.

The Texas Building and Procurement Commission ceased to exist and most of its operations were moved to other agencies. The only thing left from the once large agency, oversight of facilities, led to the creation of a new agency - the Texas Facilities Commission.

Now that one review session has ended, another is about to begin. Among the two dozen state agencies up for review next are some very major ones: Texas Department of Agriculture, Texas Department of Insurance, Texas Juvenile Probation Commission, Texas Parks and Wildlife, Texas Department of Public Safety, Texas Residential Construction Commission, Texas Parks and Wildlife, Texas Department of Transportation, Texas Youth Commission and the Texas Medical Board.

Self-evaluation reports from the agencies are due in August and Sunset analysts will begin visiting with the agencies in September. The review schedule also will likely be released in September. During these reviews, Sunset staff makes recommendations and agency officials respond. If a state agency passes muster, legislation is drafted and filed. If there is a recommendation to abolish an agency, no legislation is necessary. The agency will be discontinued and a one-year wind-down process will begin.

Public hearings are a part of the process. Time is provided for Sunset Commission members to gather information from taxpayers and hear from Texans who have information to share regarding their experiences with the selected state agencies.

The sunset process is one that has served Texas and Texans well over the past 30 years. So if you've ever wondered who's ensuring that your tax dollars are being spent effectively and efficiently, the Sunset Advisory Commission is responsible for "minding the store."