Overview of the Sunset Review Process in Texas. Sarah Kirkle, Review Director, Texas Sunset Advisory Commission

1. Overview of the
Sunset Process in Texas
Sarah Kirkle, Review Director
Texas Sunset Advisory Commission

2. What is Sunset?
Created in 1977 by the Texas Legislature
A key tool for the Legislature to oversee state
agencies and improve how Texas government
works
Agencies under Sunset are typically abolished
unless continued by the Legislature
 Forces critical thinking about the need for and
performance of an agency
 Not just about abolishment - creates strong incentive
to pass reforms
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3. Who Is Sunset?
5 Senators
1 Public
Member
5 Representatives
1 Public
Member
Appointed by the
Lieutenant Governor
Appointed by the
Speaker of the House
4-year
terms
2-year terms
Chair and Vice Chair rotate between the Senate and House each biennium.
Staff of 30 supports the Sunset Commission members.
12-Member Commission
& &

4. Current Sunset Members
2016-2017 Legislative Cycle
SENATE
 Sen. Van Taylor, Vice-Chair
 Sen. Juan “Chuy” Hinojosa
 Sen. Robert Nichols
 Sen. Charles Schwertner
 Sen. Kirk Watson
 LTC Allen B. West (US Army Ret.), Public
Member
HOUSE
 Rep. Larry Gonzales, Chair
 Rep. Cindy Burkett
 Rep. Dan Flynn
 Rep. Senfronia Thompson
 Rep. Richard Peña Raymond
 William Meadows, Public Member

5. Which agencies go through
Sunset?
About 130 agencies subject to Sunset
 Most executive branch agencies
 Universities and courts are exempt
Legislature sets Sunset schedule in law,
usually every 12 years for each agency
20–30 agencies under review each
biennium
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6. Special Reviews
Sunset also periodically reviews non-
standard entities, which are typically not
subject to abolishment
For example:
 River Authorities
 University Interscholastic League
 Port of Houston Authority
 Capital Metro Transit Authority
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7. Sunset Process – Three Phases
Public involvement throughout!
Phase 1: Sunset staff evaluation
Phase 2: Sunset Commission
deliberation
Phase 3: Legislative Action
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8. Phase 1: Sunset Staff Evaluation
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Sunset staff performs extensive research and
analysis to evaluate the need for, performance
of, and improvements to the agency under
review.
 Sunset Commission Staff:
 Reviews agency’s Self-Evaluation Report
 Receives input from interested parties
 Evaluates agency and identifies problems or
opportunities
 Develops recommendations
 Publishes staff report

9. Phase 2: Sunset Commission
Deliberation
The Sunset Commission conducts a public
hearing to take testimony on the staff report
and agency overall.
 Sunset staff presents its report and recommendations
 Agency presents its response
 Sunset Commission hears public testimony
Later, the Commission meets again to vote
on which changes to recommend to the full
Legislature.
 Changes can go beyond the staff report, such as to
address issues raised by the agency or the public
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10. Phase 3: Legislative Action
The full Legislature considers Sunset
recommendations and makes final
determinations.
Sunset bill on an agency is drafted and filed
Sunset bills go through normal bill processes
The Senate and the House conduct committee
hearings and debate the bill
Bill passes or fails adoption
Governor signs, vetoes, or allows bill to become law
without signature
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11. What Standards Guide a Sunset
Review?
Specific criteria defined in Texas Sunset Act
Questions Sunset asks include:
 How efficiently and effectively does the agency operate?
 Is the agency meeting its mission, goals, and objectives?
 Can the agency’s operations be less burdensome, yet still
protect and serve the public?
 Does overlap with other entities exist?
 Does the agency address complaints promptly?
 Does the agency encourage & use public participation?
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12. How are Special Reviews
Different?
Typically not subject to abolishment
Sunset clause typically spells out the focus of the
review
For example, river authority reviews cover:
 governance
 management
 operating structure
 compliance with legislative requirements
The types of questions Sunset asks are similar to
standard agency reviews, within these focus areas
The Legislature has historically required non-state
agencies to pay the costs of Sunset review
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13. Recommendations
Sunset makes two types of
recommendations:
 Statutory (changes in law)
 Management (directives to the agency)
Sunset checks the implementation of
its recommendations before the next
legislative session and reports back to
the Legislature
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14. Impact of Sunset Since 1977
 Streamlining state government
 37 agencies/programs abolished outright
 46 agencies/programs consolidated
 Saving taxpayers money
 $980 million in savings and increased revenues
 Returned $23 for every $1 spent on Sunset
 Providing effective oversight
 Conducted 500 reviews of state agencies and programs
 About 80% of the Sunset Commission’s recommendations
typically become law
 Major reforms in every area of government
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Questions?

16. Contact Us
Email: sunset@sunset.state.tx.us
Phone: (512) 463-1300
Web: www.sunset.texas.gov
 Information and flow charts on how Sunset works
 Dedicated page for each agency currently under review
 Public input forms to submit comments on an agency under
review
 Sunset Commission meeting schedule
 Database of all previous Sunset reviews, reports, and results
Sign up for our e-mail lists, and follow @TX_Sunset on Twitter,
LinkedIn, and Facebook for announcements
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