SUNSET ADVISORY COMMISSION Summary of Sunset Recommendations 80th Legislature March 2007 Sunset Advisory Commission Senator Kim Brimer, Chair Representative Vicki Truitt, Vice Chair Senator Robert F. Deuell, M.D. Representative Byron Cook Senator Craig Estes Representative Dan Flynn Senator Eliot Shapleigh Representative Lois Kolkhorst Senator John Whitmire Representative Ruth Jones McClendon Howard Wolf, Public Member Ike Sugg, Public Member Joey Longley Director In 1977, the Texas Legislature created the Sunset Advisory Commission to identify and eliminate waste, duplication, and ineffi ciency in government agencies. The 12-member Commission is a legislative body that reviews the policies and programs of more than 150 government agencies every 12 years. The Commission questions the need for each agency, looks for potential duplication of other public services or programs, and considers new and innovative changes to improve each agency’s operations and activities. The Commission seeks public input through hearings on every agency under Sunset review and recommends actions on each agency to the full Legislature. In most cases, agencies under Sunset review are automatically abolished unless legislation is enacted to continue them. SUMMARY OF SUNSET RECOMMENDATIONS 80TH LEGISLATURE MARCH 2007 Table of Contents PAGE INTRODUCTION ........................................................................................................... 1 SUMMARY OF RECOMMENDATIONS ......................................................................... 3 SUNSET COMMISSION RECOMMENDATIONS Alcoholic Beverage Commission, Texas ........................................................................ 11 Animal Health Commission, Texas ............................................................................... 23 Arts, Texas Commission on the ................................................................................... 33 Criminal Justice Agencies ........................................................................................... 39 Criminal Justice, Texas Department of Pardons and Paroles, Board of Correctional Managed Health Care Committee Higher Education Tuition Board, Prepaid ....................................................................... 59 Historical Commission, Texas ...................................................................................... 67 Library and Archives Commission, Texas State .............................................................. 73 Nurse Examiners, Board of ......................................................................................... 79 Real Estate Commission, Texas ................................................................................... 97 Risk Management, State Office of ............................................................................... 107 Rural Community Affairs, Office of ............................................................................... 115 State-Federal Relations, Office of ................................................................................ 119 Structural Pest Control Board, Texas ............................................................................ 125 Teacher Retirement System of Texas ............................................................................ 135 Veterans Commission, Texas ....................................................................................... 143 Veterans’ Land Board ................................................................................................. 157 Veterinary Medical Diagnostic Laboratory, Texas ............................................................ 163 PAGE ACROSS-THE-BOARD RECOMMENDATIONS .............................................................. 169 IMPLEMENTATION OF 2005 SUNSET LEGISLATION ................................................ 173 INFORMATION ITEMS Brain Injuries, Study of Health Benefit Plan Coverage for ............................................... 197 Court Costs and Fees Study ........................................................................................ 219 APPENDICES Appendix A — Sunset Review Schedule – 2009 ........................................................... 237 Appendix B — Summary of the Texas Sunset Act .......................................................... 239 INTRODUCTION Introduction The Sunset law in Texas, enacted nearly 30 years ago, provides for the periodic review of the efficiency and effectiveness of state agency operations and policies. The Sunset process works by imposing a date upon which an agency is abolished, unless the Legislature passes a bill to continue its operations. An agency under review must first prove to the Legislature that it is still needed. Then, legislation reauthorizing the agency and its functions must be passed and signed by the Governor. Unless all of these things occur, the agency is automatically abolished after a one-year wind down period. The 80th Legislative Session For the 80th Legislative Session, 20 agencies are under Sunset review. Among the agencies to be considered by the Legislature this session are the Texas Department of Criminal Justice, Teacher Retirement System, Office of Rural Community Affairs, and Texas Veterans Commission. Several regulatory agencies, such as the Board of Nurse Examiners, Structural Pest Control Board, and Real Estate Commission, and cultural resources agencies, such as the Commission on the Arts, Historical Commission, and Library and Archives Commission, are also under review. Results of Sunset Commission Reviews As a result of its deliberations, the Sunset Commission recommends that the 80th Legislature pass legislation continuing 14 of 20 agencies under review, with significant improvements to each agency continued. Three of the agencies reviewed were not subject to termination, but the Commission makes several recommendations to improve their operations. The Commission recommends abolishing two agencies – the Office of State-Federal Relations and the Structural Pest Control Board – and merging their functions with the Office of the Governor and the Department of Agriculture, respectively. The Commission also voted to abolish the Historical Representation Advisory Committee since it has never been active. For one agency, the Correctional Managed Health Care Committee, the Commission voted to remove it from Sunset review. While the Texas Education Agency was originally scheduled for Sunset review this cycle, the 79th Legislature extended its Sunset date to 2012 during the 3rd called session. Altogether, the Sunset Commission adopted 232 recommendations to improve agency operations, use available funds more efficiently, and position these agencies to better serve the people of Texas. The chart on Page 9 summarizes the Sunset Commission’s decisions regarding the continuation of the agencies under review and provides the estimated two-year fiscal impact of recommended changes. Overall, in fiscal years 2008 to 2009, the Sunset Commission’s recommendations would result in a positive fiscal impact to the State of about $56,000. The Sunset Commission also recommends changes to appropriations for three agencies. Since these recommendations are suggestions to the Legislature through the appropriations process, they will not be contained in the Sunset bills for those agencies. Guide to This Report The main body of this report, the Sunset Commission Recommendations, describes the recommendations for each agency under Sunset review, including information on the fiscal implications of each recommendation. More detailed information on many of these recommended changes can be found Sunset Advisory Commission Introduction March 2007 Summary of Sunset Recommendations 1 in the original Sunset staff report on a particular agency, available on the Commission’s website, or by contacting Sunset staff directly. In addition to the agency-specific recommendations, the Sunset Commission applied its across-the-board recommendations to each of the agencies reviewed. These recommendations are a set of standard provisions developed by the Commission over time as it has identified common problems during reviews of agencies. The section on the across-the-board recommendations briefly explains each of these provisions, followed by a chart detailing how they were applied to the agencies under review. This report also includes an update on the status of agencies’ implementation of Sunset legislation from 2005. The Sunset Act requires the Commission to review the way each agency implements the provisions of its Sunset bill. In 2005, the 79th Legislature passed 18 bills containing the majority of changes recommended by the Sunset Commission. Overall, state agencies have implemented 85 percent of these changes. Also included in this report are two information items. These items are the results of special requests for studies by the Legislature. Finally, this report includes a list of agencies scheduled for Sunset review in 2009, and a summary of the Texas Sunset Act. Introduction Sunset Advisory Commission 2 Summary of Sunset Recommendations March 2007 SUMMARY OF RECOMMENDATIONS Summary of Recommendations Alcoholic Beverage Commission, Texas 1. Update TABC’s mission and strategic planning process to better reflect today’s alcoholic beverage regulatory environment. 2. Improve TABC’s management of its enforcement activities to best protect the public’s safety. 3. Reduce regulation of certain business practices that serve no consumer interest, impose costs