Report to the 84Th Legislature
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SuNSET AnvisoRY CoMM1ss10N Report to the 84th Legislature FEBRUARY 2015 Sunset Advisory Commission Senator Jane Nelson Representative Four Price Chair Vice Chair Senator Brian Birdwell Representative Cindy Burkett Senator Donna Campbell Representative Harold V. Dutton, Jr. Senator Juan "Chuy" Hinojosa Representative Larry Gonzales Senator Charles Schwertner Representative Richard Pena Raymond Dawn Buckingham, M.D. Tom Luce Ken Levine Director Cover Photo: The Texas State Capitol was completed in 1888. With the Goddess of Liberty atop the dome, the Texas State Capitol Building is 19 feet taller than the U.S. Capitol Building in Washington, D. C. The photo shows the north facade of the Capitol. The gardens in the foreground sit atop a 667, 000 square foot underground structure, the Capitol Extension, which houses many legislators' offices and committee rooms. Photo Credit: Janet Wood SuNSET AnvISORY CoMM ISSION P.O. Box 13066 ·:· Austin, Texas 78711-3066 Senate Members February 11 , 2015 Chair Sen. Jane Nelson Flower Mound Sen. Brian Birdwell The Honorable Greg Abbott Granbury Governor of Texas Sen. Donna Campbell New Braunfels The Honorable Dan Patrick The Honorable Joe Straus Sen. Juan "Chuy" Hinojosa McAllen Lieutenant Governor of Texas Speaker, Texas House of Representatives Sen. Charles Schwertner Georgetown Honorable Members of the 84th Legislature Dawn Buckingham, M.D. Assembled in Regular Session Austin Hoyse Members Vice Chair Ladies and Gentlemen: Rep. Four Price Amarillo As we begin the 84th Legislative Session, the members of the Sunset Advisory Commission Rep. Cindy Burkett Sunnyvale present to you the enclosed results of the thousands of hours of staff work, hearings, debate, Rep. Harold V. Dutton, Jr. and decisions of the Commission. As you know, statute directs the Sunset Commission Houston members and staff to review and evaluate the performance of agencies subject to the Sunset Rep. Larry Gonzales Round Rock Act each biennium; recommend the abolition or continuation of these agencies; propose needed statutory or management changes; and develop legislation to implement any Rep. Richard Peiia Raymond Laredo proposed statutory changes. Tom Luce Dallas Between September 2013 and January 2015, the Sunset Commission worked to develop recommendations regarding the 20 agencies under Sunset review. These recommendations Ken Levine to the 84th Legislature intend to streamline government and best meet the needs of Texans. These changes include abolishing 13 agencies and related boards, commission and councils, eliminating 45 statutory advisory committees, and discontinuing nine regulatory and four other programs. Overall, the Sunset Commission's recommendations will position these agencies to best meet the challenge of delivering outstanding services to the citizens of Texas. If implemented, these recommendations would have an estimated positive fiscal impact to the State of $66.5 million over the upcoming 2016-2017 biennium. The Sunset Advisory Commission is pleased to forward to you its findings and recommendations with this report. Respectfully Submitted, ~~ Representative Four Price Chair Vice Chair Sunset Advisory Commission Sunset Advisory Commission Telephone: (512) 463-1300 •:• Fax: (512) 463-0705 •:• w1vw.su11ser.texas.gov 1501 N. Congress •:• 6'' Floor, Robert E. Johnson Bldg. •:• Austin, Texas 78701 Equal Oppom111iry Employer REPORT TO THE 84TH LEGISLATURE FEBRUARY 2015 TABLE OF CONTENTS PAGE INTRODUCTION 1 SUNSET COMMISSION RECOMMENDATIONS HEALTH AND HUMAN SERVICES SYSTEM Health and Human Services Commission................................................................ 5 Children with Special Needs, InteragencyTask Force for Health Services Authority, Texas Aging and Disability Services, Department of.......................................................... 27 Assistive and Rehabilitative Services, Department of............................................... 39 Family and Protective Services, Department of........................................................ 47 Health Services, Department of State....................................................................... 61 Health Care Information Council, Texas EMPLOYMENT SERVICES · Workforce Commission, Texas.................................................................................. 73 Workforce Investment Council, Texas ............................................................ .......... 85 DISABIIITY AGENCIES Developmental Disabilities, Texas Council for.......................................................... 87 People with Disabilities, Governor's Committee on................................................. 89 Purchasing from People with Disabilities, Texas Council on.................................... 93 CENTRALIZED ADMINISTRATIVE SERVICES Administrative Hearings, State Office 0£.................................................................. 97 Administrative Hearings Tax Division, State Office of PAGE SPECIAL REvlEWS Education Agency, Texas........................................................................................... 105 Education Agency, Texas - Contracting Procedures for Assessment Instruments Facilities Commission, Texas..................................................................................... 119 Self-Directed Semi-Independent Status of State Agencies ...................................... 121 University Interscholastic League............................................................................. 125 OTHER REPORT MATERIALS Implementation of2013 Sunset Legislation............................................................. 131 Soil and Water Conservation Board, Texas State...................................................... 147 APPENDICES Appendix A - Sunset Review Schedule - 2017 .................................................... 149 Appendix B - Summary of the Texas Sunset Act................................................... 151 ~~~~~~~~-INTRODUCTION Sunset Advisory Commission February 2015 INTRODUCTION Sunset is the Legislature's regular assessment of the continuing need for a state agency to exist. For agencies that are needed, the process also provides a unique opportunity to take a close look and make fundamental changes to their mission or operations to make them more efficient, effective, and more open and responsive to citizens. The Sunset process works by setting a date on which an agency is automatically abolished unless the Legislature passes a bill to continue its operations. Agencies typically undergo review once every 12 years. Sunset for the 84th Legislative Session The Sunset Commission conducted a total of20 reviews this biennium -15 agencies and five separate entities or functions In all, Sunset recommends with their own Sunset date. Texas' health and human services the 84th Legislature agencies dominated the review cycle, as Sunset reviewed those eliminate or consolidate agencies for the first time since the Legislature consolidated 72 agencies, boards, the system in 2003. The Sunset Commission also reviewed commissions, and councils. other agencies that provide or affect social services, including the Texas Workforce Commission and three councils that assist individuals with disabilities. Sunset also examined the State Office ofAdministrative Hearings, which is the state's centralized agency to conduct hearings for licensing and enforcement matters referred from other state agencies. Two agencies subject to Sunset in 2013 underwent review again this biennium, including the Texas Education Agency, whose Sunset bill failed to pass, and the Texas Facilities Commission, whose Sunset bill passed but was placed under review again. The Legislature also directed the Sunset Commission to conduct special reviews of the Texas Health Care Information Council, the University Interscholastic League, and the entry criteria for Self-Directed Semi-Independent Agencies. Results Following extensive analysis, testimony, and deliberations, the Sunset Commission recommends that the 84th Legislature pass major legislation reorganizing Texas' five health and human services agencies into one agency. The Sunset Commission also recommends making significant improvements to the operations and oversight of12 agencies, including the health and human services agencies as they are currently organized, with the understanding that those changes would still apply in the new organization. Other recommendations provide for abolishing and transferring the functions of the Texas Council on Purchasing from People with Disabilities; removing statutory authority for the Texas Health Services Authority; and merging the functions of the lnteragency Task Force for Children with Special Needs with other entities to better focus overall advisory efforts for children with special needs. While Introduction Report to the 84th Legislature 1 February 2015 Sunset Advisory Commission the Commission recommends continuing nine of these agencies, two agencies continue automatically, as they do not have a Sunset expiration clause. Altogether, the Sunset Commission adopted 315 recommendations to improve agency operations, use available funds more efficiently, and position these agencies to better serve the people ofTexas. The chart on page 4 summarizes the Sunset Commission's decisions regarding the continuation of the agencies under review and provides an estimated two-year fiscal impact of recommended changes. Overall, the Sunset Commission's recommendations would result in a positive fiscal impact to State and federal funds