Friday, April 22, 2022

From the Sunset Review Commission: Impact of Sunset Reviews

We discussed this in a class the other day - what has the Sunset Review Commission actually done?

- Click here for the page

Specific examples of the most impactful changes are highlighted below.

Less Burdensome Regulation

The Texas Department of Licensing and Regulation’s resources and capabilities had been stretched thin by decades of taking on new or troubled programs, jeopardizing the quality of service to licensees and the general public. Sunset eliminated 29 types of licenses that provided little or no benefit to the public and were held by 160,000 businesses and individuals, such as polygraph examiners and combative sports event coordinators. Sunset also streamlined the regulation of about 345,000 barbers, cosmetologists, and their businesses to reduce both the department’s workload and regulatory burdens on the licensees.

The Sunset process removed unnecessary regulatory obstacles to doing business in Texas at 10 state agencies, such as notarization of application forms, subjective qualifications to get a license or permit, onerous educational requirements, inconsistencies in licensing and examination processes, and arbitrary rules on how criminal convictions affect eligibility for certification. 

More Accountable, Efficient State Government

The Texas Animal Health Commission’s animal health testing laboratory had become outdated, inefficient, and unjustifiably expensive to operate. Sunset directed the agency to close the lab and outsource regulatory animal health tests to Texas A&M University’s nationally accredited veterinary lab, to the extent testing is available, efficient, and cost-effective. The change will lower the state’s cost of testing for contagious animal diseases and eliminate duplication of state-funded operations. 

Historically, the Texas Commission on Law Enforcement has not effectively collected or used data to assess and prioritize regulatory processes such as audits, which state law requires to be risk-based. The Sunset Commission directed the agency to improve its approach to audits, contracting, and overall decision-making. Although the agency’s Sunset bill did not pass, these management directives should lead to operational improvements.
To improve consistency and efficiency of operations at the Texas Parks and Wildlife Department, the Legislature required the agency to adopt policies to guide its enforcement processes, and to standardize its regulatory programs to the extent feasible. The department must also refine existing strategic planning efforts and establish a more complete and formal internal audit process. 

Broader Public Engagement

Sunset’s review of the Teacher Retirement System found a major disconnect between the agency and the retired teachers it serves, resulting in poor service and confusing requirements, particularly about the process to appeal agency decisions. Sunset required the agency’s board of trustees to appoint an independent ombudsman to monitor these interactions and recommend improvements, and required the agency to develop a strategic plan to communicate with and engage its customers.

Despite the Texas Department of Agriculture’s broad reach across Texas, it lacked an effective strategy to engage stakeholders statewide. The Legislature increased opportunities for public input into the department’s activities by authorizing the creation of advisory committees and requiring a strategic planning process with public input for inspections. Sunset also directed the department to improve information for the public on its website about its regulations and operations. 

More Effective Public Safety

Having clear standards for jails is critical to the mission of the Texas Commission on Jail Standards to protect both inmates and the public. For years, however, the agency set vague, ineffective requirements for how jails are managed and operated. Sunset directed the agency to develop more specific and effective jail standards that account for risk. Further, Sunset legislation requires the agency to implement risk-based inspections and more consistent enforcement protocols, with escalating penalties for noncompliance.

Complaints are an important tool in identifying and addressing regulatory violations that could harm the public. Sunset directed 11 agencies to more clearly explain their complaint filing procedures and final decisions to complainants, and to strengthen and formalize their processes for reviewing and investigating complaints, taking enforcement actions, and tracking, analyzing, and reporting complaint data. For example, Sunset directed the Credit Union Department to overhaul its complaints process and more clearly communicate its authority and process for investigating complaints.