(a) A working paper, including all documentary or other information, prepared or maintained by the commission staff in performing its duties under this chapter or other law to conduct an evaluation and prepare a report is excepted from the public disclosure requirements of Section 552.021. (b) If the commission reviews and analyzes legislation proposing the regulation of an occupation, the commission shall submit a report to the legislature before the start of the next legislative session regarding the commission's findings on the need for regulating the occupation and the type of regulation recommended, if any. Sept. 1, 1987; Acts 2003, 78th Leg., ch. We do not select the sites for our projects, TCEQ Chairman Jon Niermann said. 1 of 6. Bill Summary. Governor's control over party. 1675), Sec. Visit www.sunset.texas.gov to sign up for email alerts on the Sunset staff report and the Sunset Commission's public meetings on PUC. Bill 27-23 Police - Policing Advisory Commission - Repeal. 596 (S.B. External Relations: Moira Delaney Hannah Nelson Caroline Presnell [5], Starting in the 1970s and continuing into the 80s, a total of 35 states enacted general sunset laws requiring regular review and reauthorization of government agencies and programs, beginning with Colorado in 1976 and Texas in 1977. 928 (H.B. 4. 1148 (S.B. Subsequent to the creation of the PAC, State legislation was enacted requiring each County to have a police accountability board. 325.017. Acts 2019, 86th Leg., R.S., Ch. Alternative Dispute Resolution With respect to a document, file, or other record prepared or maintained by the state agency that was created in the normal course of the agency's business and not at the request of the commission, the confidentiality created by this subsection applies only to information in the possession of the commission. September 1, 2011. The commission was created in 1977 by enactment of the Texas Sunset Act (now codified as Chapter 325 of the Texas Government Code). Texans urge environmental agency to regulate the industry June 10, 2019. The emphasis in this recent list of ATBs is on the membership, conduct and oversight of the hundreds of agency boards. the peak; retire from public life. Texas Government Exam 3 Flashcards | Quizlet (b) An individual is not eligible for appointment as a public member if the individual or the individual's spouse is: (1) regulated by a state agency that the commission will review during the term for which the individual would serve; (2) employed by, participates in the management of, or directly or indirectly has more than a 10 percent interest in a business entity or other organization regulated by a state agency the commission will review during the term for which the individual would serve; or. (b) The reports under Subsection (a) must be submitted in electronic format only. Governor Designation of State Agency Board Chairs, 5. 325.019. Sept. 1, 1985. (a) At each regular legislative session, the commission shall present to the legislature and the governor a report on the agencies and advisory committees reviewed. Sunset Advisory Commission - Public Utility Commission of Texas The ATBs are designed to ensure open, responsive, and reflective government. Sept. 1, 1995; Acts 1999, 76th Leg., ch. The Sunset Advisory Commission, created under the authority of the Texas Sunset Act adopted in 1977, was established to review periodically each state agency and make recommendations for either reform or abolition. (e) Testimony taken under subpoena must be reduced to writing and given under oath subject to the penalties of perjury. (3) provide legislative services to support the passage of the legislation prepared under Section 325.012(c). GOVT 2306 QUIZ 4 Flashcards | Quizlet PDF Unset Advisory Commission Staff Report In this chapter: (1) "State agency" means an entity expressly made subject to this chapter. 1. 1008, Sec. He said that most public complaints are about local authority and not the TCEQ. Legislation passed after August 28, 2003, shall indicate whether it contains a program subject to the Missouri sunset act. (3) made privileged or confidential by law. RIVER AUTHORITIES SUBJECT TO REVIEW. 3, Sec. 6.) (c) In analyzing legislation proposing the creation of an occupational licensing program, the commission shall determine whether: (1) the unregulated practice of the occupation would be inconsistent with the public interest as defined by Section 325.0115; (2) the public can reasonably be expected to benefit from an assurance of initial and continuing professional skill sets or competencies; and. These three versions of the staff report result from the three . Acts 2007, 80th Leg., R.S., Ch. 619), Sec. Comments can be submitted on the Sunset Commissions website. 325.012. When was the Sunset Advisory Commission established in Texas? Jon Niermann, chairman of the Texas Commission on Environmental Quality, speaks during a meeting of the Texas Sunset Advisory Commission on Wednesday. and created the SWIFT Advisory Committee to provide legislative guidance on the fund's operation, function, and structure. 928 (H.B. (a) The Sunset Advisory Commission is a legislative agency that consists of five members of the senate and one public member appointed by the lieutenant governor and five members of the house of representatives and one public member appointed by the speaker of the house. Sec. (c) The commission's action in exempting agencies under this section must be done by an affirmative record vote and must be decided by a majority of all members present and voting. The lieutenant governor and the speaker of the house may serve as one of the legislative appointees. June 10, 2019. Q1 In 1977, the issue of accountability in state agencies led to the formation of the Sunset Advisory Commission, which was charged with addressing the problem. (a) The commission may accept gifts, grants, and donations from any organization described in Section 501(c)(3) of the Internal Revenue Code for the purpose of funding any activity under this chapter. Acts 2007, 80th Leg., R.S., Ch. Each person was given two minutes to address the commissioners. Legacy and donor admission preferences are the true injustice when it comes to college admissions. (3) discloses the confidential information to a person who is not authorized to receive the information. As for the San Antonio River Authority, the Water Development Board and the Texas State Soil and Conservation Board, the Sunset Commission had at least three issues for improvement for each, including transparency, accountability and governing strategies. 479, Sec. They are an outgrowth of the Sunset Act's review criteria and have resulted from recurring problems identified through more than 300 reviews. 937 (H.B. 325.010. If an employee is displaced because a state agency or its advisory committee is abolished, reorganized, or continued, the state agency and the Texas Workforce Commission shall make a reasonable effort to relocate the displaced employee. The commission and its staff shall consider the following criteria in determining whether a public need exists for the continuation of a state agency or its advisory committees or for the performance of the functions of the agency or its advisory committees: (1) the efficiency and effectiveness with which the agency or the advisory committee operates; (2)(A) an identification of the mission, goals, and objectives intended for the agency or advisory committee and of the problem or need that the agency or advisory committee was intended to address; and. Unless the law provides otherwise, all rules that have been adopted by the state agency expire at the expiration of the one-year period. 7.03, eff. Acts 1985, 69th Leg., ch. The term does not include the Texas Department of Insurance's actuarial division and financial examinations division as those terms are defined by Section 401.251, Insurance Code. 325.0123. REVIEW OF CERTAIN AGENCIES FOR RESPECTFUL LANGUAGE. 619), Sec. (3) the public can be more effectively protected by means other than state regulation. The Sunset Commission recommends that the authority increase its boards transparency and involvement in the future of the San Antonio River by conducting more strategic planning, establishing guidelines for projects and updating its fund balance policy. (a) The commission may request the assistance of state agencies and officers. Sec. Sunset Advisory Commission - Minnesota (3) required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession or entity related to the operation of an agency under review. 785, Sec. Romig said the Sunset Commission staff also recommends updating the compliance history rating formula that the TCEQ applies to the industries it oversees commonly called the RN rating. 1008, Sec. (j) Seven members of the commission constitute a quorum. (c) As part of the commission's review of an agency that licenses an occupation or profession, the commission and its staff shall determine whether the governing body of the agency being reviewed has made an evaluation regarding the type of personal information of license holders that the agency should make available on the agency's Internet website based on the following factors: (1) the type of information the public needs to file a complaint with the agency; (2) the type of information the public needs to locate an existing or potential service provider; (3) the type of information the public needs to verify a license; and. June 10, 2019. The Sunset Commission met to discuss staff recommendations regarding the Texas Commission on Environmental Quality. (4) the number of copies made of the information or the notes taken from the information that implicate the confidential nature of the information be controlled, with all copies or notes that are not destroyed or returned to the governmental body remaining confidential and subject to the confidentiality agreement. Acts 1985, 69th Leg., ch. Sept. 1, 1997; Acts 2001, 77th Leg., ch. (c) The commission shall have drafts of legislation prepared to carry out the commission's recommendations under this section. 6. Acts 2007, 80th Leg., R.S., Ch. The Texas Legislature created the Sunset Advisory Commission in 1977 to identify and eliminate waste, duplication, and inefficiency in government agencies. 713), Sec. Who makes up the Sunset Advisory Commission? (a) In the two-year period preceding the date scheduled for the abolition of a state agency under this chapter, the commission may exempt certain agencies from the requirements of this chapter relating to staff reports, hearings, and reviews. (4) review the implementation of commission recommendations contained in the reports presented to the legislature during the preceding legislative session and the resulting legislation. 325.004. 1.06, eff. 975 (S.B. 76, Sec. (h) If a vacancy occurs, the appropriate appointing authority shall appoint a person to serve for the remainder of the unexpired term in the same manner as the original appointment. Prohibitions on Agency Conflicts of Interest While the presiding officers of many state agency policymaking bodies are elected by fellow members, this ATB authorizes the Governor to designate the presiding officer as a means of increasing the agency's accountability to the State's leadership. CRITERIA FOR REVIEW. Between September 2021 and January 2023, the Sunset Commission developed 235 recommendations to improve the operations of 21 entities to streamline state government while enhancing services to our citizens. New programs to sunset, when definitions reauthorized programs, effect of review of programs, when. (b) This chapter does not prohibit the legislature from: (1) terminating a state agency or advisory committee subject to this chapter at a date earlier than that provided in this chapter; or. (c) The limited review under this chapter must assess each river authority's: (4) compliance with legislative requirements. Public Membership on State Agency Boards, 2. 3249), Sec. Acts 2011, 82nd Leg., R.S., Ch. June 14, 2013. If the proceedings do not provide that the funds remain with the comptroller or the previously designated trustees, the funds shall be transferred to the designated state agency. At the federal level, Congress has tended to use sunset provisions sparingly and for specific statutes, in contrast to the general sunset laws enacted in some states. June 15, 2007. How many agencies has Sunset abolished? 325.024. 1008, Sec. Sunset Advisory Commission - Texas State Directory Online What we found was that throughout the permitting process, there was great dissatisfaction both on the part of the industrial applicants and the community stakeholders with the conversation that was happening at the existing public hearing, Romig said. Years-long struggle to reform TCOLE may end this legislative session June 17, 2011. The governor is not required to designate the same state agency under this subsection that is designated under Subsection (f). The Sunset Advisory Commission is reviewing the mission and performance of the Texas Economic Development and Tourism Office (EDT) and welcomes public comments on whether the agency is still needed and ideas to improve its operations and services. 928 (H.B. (b) In carrying out its functions under this chapter, the commission or its designated staff member may attend any meetings and proceedings of any state agency, including any meeting or proceeding of the governing body of the agency that is closed to the public, and may inspect the records, documents, and files of any state agency, including any record, document, or file that is: (2) an attorney-client communication; or. 1.05, eff. 1279 (H.B. Sec. Read more Agencies Now Under Review Find up-to-date materials for Sunset's current review work. 617, Sec. 326), Sec. If an abolished state agency has outstanding bonded indebtedness or other outstanding obligations, including lease, contract, and other written obligations, the bonds and all other obligations, including lease, contract, and other written obligations, remain valid and enforceable in accordance with their terms and subject to all applicable terms and conditions of the laws and proceedings authorizing the bonds and all other obligations, including lease, contract, and other written obligations. ABOLITION OF ADVISORY COMMITTEES. PDF TWDB and State Water Implementation Fund for Texas Advisory Committee Acts 2019, 86th Leg., R.S., Ch. However, some states have since repealed their sunset laws, and few agencies have actually been terminated under these sunset provisions. Unbiased Appointments to Agency Boards, 4. Among those attending were state Sen. Borris Miles and Rep. Armando Walle, both Democrats from Harris County, who addressed their constituents concerns about industry, especially concrete batch plants, in their neighborhoods. State Sen. Borris Miles holds a map showing concrete batch plants in Harris County as he talks during a meeting of the Texas Sunset Advisory Commission on Wednesday. Sunset Advisory Commission - Uncyclopedia The committee shall submit such recommendation to all members of the general assembly within thirty calendar days of the vote in which such recommendation is made. June 15, 2007. When assistance is requested, a state agency or officer shall assist the commission. Sunset laws, typically passed in response to rising government budgets, . Jan. 11, 2004. For the current cycle, the commission is reviewing 21 agencies, including the. The 12-member Commission is a legislative body that reviews the policies and programs of more than 150 government agencies every 12 years. PDF The Sunset Review of the Texas Commission on Jail Standards (d) Legislative members serve four-year terms, with terms staggered so that the terms of as near to one-half of the legislative members appointed by the lieutenant governor as possible and the terms of as near to one-half of the legislative members appointed by the speaker as possible expire September 1 of each odd-numbered year. 785, Sec. 86), Sec. (4) make recommendations on the continuation or abolition of each reporting requirement imposed on the agency by law. June 14, 2013. In an impassioned speech, Miles said there is a disproportionate impact of industrial pollution among communities of color in Houston and throughout Texas, which he said has gone ignored since the last time the TCEQ was reviewed by the Sunset Commission 12 years ago. (1) Angelina and Neches River Authority; (2) Bandera County River Authority and Groundwater District; (15) Upper Colorado River Authority; and. Please visit the expanded Texas Politics Project website to learn more about our updated webtext and to find additional educational resources. Acts 2003, 78th Leg., ch. 683 (H.B. 7.05, eff. Research: Josh Altic Vojsava Ramaj 3731, 88th Legislature, Regular Session, for amendments affecting the following section. PDF Texas Commission on Law Enforcement - sunset.texas.gov The Commission Amended by Acts 1995, 74th Leg., ch. 4. The rating is meant to help the TCEQ factor in a businesss history of compliance in making decisions about it. The chairman and vice-chairman may not be from the same membership group. Acts 2019, 86th Leg., R.S., Ch. Sec. 7.02, eff. Amended by Acts 1987, 70th Leg., ch. Perry said that while he applauds the thought, he is concerned that adding a meeting would yield no solutions. [4], There are two types of sunset provisions:[1], According to a Mercatus Center report published in August 2015, sunset provisions and laws have been most popular at the state level. The commission shall adopt rules necessary to carry out this chapter. (b) The written report prepared by the commission under Subsection (a)(3) is a public record. 222 (H.B. (b) All gifts, grants, and donations must be accepted in an open meeting by a majority of the voting members of the commission and reported in the public record of the commission with the name of the donor and purpose of the gift, grant, or donation. 3, Sec. The commission shall determine the cost, and the authority shall pay the amount promptly on receipt of a statement from the commission detailing the cost. 479, Sec. Amended by Acts 1987, 70th Leg., ch. 1, eff. Sec. Sec. (c) The chairman and vice-chairman of the commission may each employ a staff to work for them on matters related to commission activities. Sec. 325.0075. 325.0115. 1.02, eff. CRITERIA FOR REVIEW OF CERTAIN AGENCIES. 479, Sec. 1920), Sec. For purposes of this subsection, a communication includes a discussion that occurs at a meeting or proceeding of the state agency that is closed to the public. 4.) The designated state agency shall provide payment from the sources of payment of the bonds in accordance with the terms of the bonds and shall provide payment from the sources of payment of all other obligations, including lease, contract, and other written obligations, in accordance with their terms, whether from taxes, revenues, or otherwise, until the bonds and interest on the bonds are paid in full and all other obligations, including lease, contract, and other written obligations, are performed and paid in full. 23.253. Lawmakers clash during discussion of efforts to make Texas' environmental agency more accountable, Colleges favor nepo babies when it comes to admissions. (c) On request, the commission shall forward a written comment on the legislation to the author of the bill and to the presiding officer of the committee to which the bill is referred. 4, eff. 272 (H.B. Specific Grounds for Removal of Agency Board Members 572 (S.B. Acts 1985, 69th Leg., ch. (g) If a legislative member ceases to be a member of the house from which he was appointed, the member vacates his membership on the commission. Added by Acts 1987, 70th Leg., ch. An online search shows that the Texas Legislature created the Sunset Advisory Commission in 1977 "to identify and eliminate waste, duplication, and inefficiency in government agencies." The. 11. Sec. Any such program shall have a sunset clause clearly indicating the date of termination without reauthorization. 2. 928 (H.B. 1675), Sec. 1, eff. 325.011. 479, Sec. Sec. (f) A witness who attends a commission proceeding under process is entitled to the same mileage and per diem as a witness who appears before a grand jury in this state. A hearing of the Texas Sunset Advisory Commission this week grew contentious as legislators on the Sunset Commission clashed with Houston-area legislators not on the commission and their constituents while discussing recommendations from the commissions staff on ways to improve the Texas Commission on Environmental Quality. The committee may recommend to the general assembly by a majority vote of its members that a program under review, to which money was appropriated prior to August 28, 2003, be sunset, continued, or reorganized. To the extent that this section conflicts with other law that purports to limit the commission's access to meetings or proceedings or to records, documents, and files, this section controls. Sept. 1, 1987. The Sunset Commission performs extensive, exhaustive and exhausting reviews of every state agency under its steely gaze, acting as the judge, jury and (if need be) executioner of any agency that can't justify its sordid existence. Lawmakers clash with Texas Commission on Environmental Quality staff The Sunset Act created a Sunset Advisory Commission, which reviews and makes recommendations on agencies subject to sunset. 5, eff. Policy: Caitlin Styrsky Molly Byrne Jimmy McAllister Samuel Postell 668 (S.B. 1. 8.01, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. Added by Acts 2013, 83rd Leg., R.S., Ch. Sec. State Sen. Charles Perry, a member of the Texas Sunset Advisory Commission, asks questions on Wednesday regarding the commission staffs recommendations for the Texas Commission on Environmental Quality. 325.002. FOR EXAM THREE.pdf - The Texas Sunset Advisory Commission 1.44, eff. Acts 2007, 80th Leg., R.S., Ch. The lieutenant governor shall designate a presiding officer from his appointed membership group and the speaker shall designate the other presiding officer from his appointed membership group. September 1, 2007. 325.005. Acts 2017, 85th Leg., R.S., Ch. (d) Unless the law or a rider in the General Appropriations Act provides otherwise, an abolished state agency or advisory committee funded in the General Appropriations Act for both years of the biennium may not spend or obligate any of the money appropriated to it for the second year of the biennium. The Texas State Senate - Senator Nathan Johnson: District 16 Acts 2007, 80th Leg., R.S., Ch. Which agencies are subject to Sunset? Click here to contact our editorial staff, and click here to report an error. Sept. 1, 1985. Committee Membership Jurisprudence Vice-Chair Administration Business & Commerce Water, Agriculture & Rural Affairs Sunset Advisory Commission District Analysis: District 16 September 1, 2019. Sept. 1, 1999. 3249), Sec. Legislature changes rules on controversial housing tax S.A. bank sells wealth-management operations to Fort Take a look at this $6.75M Boerne ranch with its own lazy SAWS will pay you to install a large cistern on your S.A. chamber adds Greater to name, stressing regional State fines police union for 2021 campaign finance violation, Psychologist dies while awaiting indictment on indecency charge, Female inmate dies in custody at Bexar County annex, Carlos Uresti released from prison, enters halfway house. 196, Sec. Elizabeth Conley, Houston Chronicle / Staff photographer, William Luther, Staff Photographer / Staff photographer, Victor Wembanyama makes big impression in first Spurs' practice, SAWS will pay you to install a large cistern on your property, Take a look at this $6.75M Boerne ranch with its own lazy river, S.A. school wins $100K from Kidd Kraddick show for new playground, 20-year term for killing of Trinity student Cayley Mandadi, There was a man in a wheelchair inside Melissa Perez's apartment, Lawyer: Carlos Uresti to be released from federal prison Friday, Lack of transparency among issues Texas environmental officials need to improve upon, commission finds, TCEQ undergoing Sunset Commission review this year, and public comments are pouring in. (a) The commission shall employ an executive director to act as the executive head of the commission. 1279 (H.B. Sunset Across-the-Board recommendations (ATBs) are statutory administrative policies adopted by the Sunset Commission that contain "good government" standards for state agencies. Sec. RT @Texas2036: During the review process, staff with the Sunset Advisory Commission recommends ways to make the agency more effective and efficient. 8.008, eff. 23.253. 2, eff. Before dealing with the TCEQ, the Sunset Commission finalized its staffs reports regarding the San Antonio River Authority, the Water Development Board and the Texas State Soil and Conservation Board with little disagreement from commission members or the agencies affected. This chapter may be cited as the Texas Sunset Act. Sept. 1, 1985. The area that the River Authority regulates Bexar, Goliad, Wilson and Karnes counties has seen massive population growth in the past few years. Texas Politics - Recommendations for Good Government 596 (S.B. He said that using the current formula, a complex entity with a significant history of noncompliance can receive a substantially better compliance rating than a smaller entity with little evidence of noncompliance. This is a carousel. June 16, 2021. (d) If necessary to obtain compliance with a subpoena or other process, the commission may issue attachments. 7-8). (c) It is a ground for removal of a public member from the commission if the member does not have the qualifications required by Subsection (b) for appointment to the commission at the time of appointment or does not maintain the qualifications while serving on the commission. (B) provides the least restrictive form of regulation that will adequately protect the public interest; (2) the extent to which the regulatory objective of the occupational licensing program may be achieved through market forces, private or industry certification and accreditation programs, or enforcement of other law; (3) the extent to which licensing criteria, if applicable, ensure that applicants have occupational skill sets or competencies that correlate with a public interest and the impact that those criteria have on applicants, particularly those with moderate or low incomes, seeking to enter the occupation or profession; and. Acts 2019, 86th Leg., R.S., Ch. 3249), Sec. (B) the extent to which those activities are needed; (4) an assessment of authority of the agency relating to fees, inspections, enforcement, and penalties; (5) whether less restrictive or alternative methods of performing any function that the agency performs could adequately protect or provide service to the public; (6) the extent to which the jurisdiction of the agency and the programs administered by the agency overlap or duplicate those of other agencies, the extent to which the agency coordinates with those agencies, and the extent to which the programs administered by the agency can be consolidated with the programs of other state agencies; (7) the promptness and effectiveness with which the agency addresses complaints concerning entities or other persons affected by the agency, including an assessment of the agency's administrative hearings process; (8) an assessment of the agency's rulemaking process and the extent to which the agency has encouraged participation by the public in making its rules and decisions and the extent to which the public participation has resulted in rules that benefit the public; (9) the extent to which the agency has complied with: (A) federal and state laws and applicable rules regarding equality of employment opportunity and the rights and privacy of individuals; and.
