Sunset Laws: A Tutorial

The Principle of Shields Legislative Associates, an independent lobbying firm in Austin, Texas.

INTRODUCTION:

Sunset laws are traditionally tools used in many states to periodically re-evaluate the need for existing laws and governmental agencies, many of which appear to no longer have a function. The process requires legislators to consciously decide that each agency under review deserves to be recreated with continued funding.

Sunset Law in Texas:

In 1977, the "Texas Sunset Act" was introduced by then State Senator Lloyd Doggett of Austin. The purpose of the Texas Sunset Act is to see if we really need to continue funding every state agency, every year.

The Sunset Act established a process to regularly evaluate all 150 Texas state agencies and to assess whether their missions were still needed and to evaluate the efficiency of their operations. Every agency, no matter how big or important must succumb to this review by an independent body made up of professional staff, attorneys and representatives of the Texas Senate, House and the public.

Each agencies "enabling legislation" now has a 12-year expiration date attached to it and unless the legislature passes a new bill to recreate that agency, it ceases to exist.

The Texas Sunset Advisory Commission has organized the agencies into similar groups so that they will evaluate all of the health-related agencies one year and all of the environmental agencies two years later.

The concept has been successful, abolishing 44 separate state agencies in the last 24 years while merging 11 more with others. Bureaucracies such as the Poultry Improvement Board, and the Texas Indian Commission have ceased to exist while the Occupational Therapy and the Physical Therapy Boards were combined. Many have been recreated but with significant changes to their authority and scope of responsibilities.

Staff of the Texas Sunset Advisory Commission work extensively with each agency under review to evaluate the need for the agency, propose needed statutory or management changes, and develop legislation necessary to implement any proposed changes. The staff review of an agency typically takes from three to eight months depending on the size and complexity of the agency. The Sunset Commission conducts a public hearing on each agency under review, which provides an opportunity for Sunset staff to discuss its recommendations, and for the public to comment on the report and agency operations and policies.

The process has evolved over the years. In the early years the Sunset Advisory Commission would review both the administrative structure of each agency as well as all of the laws enforced by that agency. More recently the Commission has limited their review to just the make-up of the agencies board, their administrative practices and their responsiveness to public complaints. They will occasionally leave the related "practice acts" unchanged recognizing that those acts are often amended each legislative session.

The Commission's report on an agency must include a recommendation to abolish or continue the agency. If the Commission recommends continuation of an agency, the Commission must provide draft legislation to the Legislature to continue for up to 12 years, and correct other problems identified during the Sunset review. Although not required by law, the Commission's legislative members traditionally introduce and carry Sunset legislation. After a yearlong study, those Sunset legislators are considered to be well versed on the subject and make very persuasive bill sponsors. Current members of the Sunset Advisory Commission are Senators Jane Nelson (Chair); Mike Jackson; Eddie Lucio; Elliot Shapleigh; and Representatives Warren Chisum; Jim Dunnam; Pete Gallegos; and Burt Solomons. The two public members on the Commission are Mrs. Libby Linebarger and Dr. Tim Roth.

The Sunset Advisory Commission has also developed a set of standard recommendations that are applied to all agencies. These across-the-board recommendations are to apply uniformity in all agency laws. Examples of across-the-board recommendations include increasing public representation on the agency's policy board, improving responsiveness to complaints filed by the public, and implementing a standard approach to equal employment opportunity.

Please don't assume the process is non-political. Certainly the staff review, report and recommendations are outside the pressures of politics, but once the draft legislation is introduced, it's back to the normal legislative process. It is true that Sunset legislation traditionally carries credibility earned by the yearlong impartial, thorough review process and is more difficult to amend. However, all sides maintain the right to use their political influence during the legislative session to change the bill to their advantage.

The Texas Legislature only meets for five months every two years and it is recognized to be extremely difficult to pass any legislation during a typical legislative session. Therefor the "sunset year" of an agency is considered to be the one opportunity where the shoe is on the other foot. Those who have lobbied for 10 years to kill other people's bills that try to change a particular Act must now pass a bill to keep that very agency alive. That session, they may have to accept changes just to keep others from preventing their bill from passing.

A favorite example of this was the year the Texas Dental Association refused to accept an amendment to put dental hygienists on the Texas Board of Dental Examiners, along with the dentists. They negotiated down to the last day of the legislative session and decided to refuse the amendment. Much to their surprise, without the compromise, the House of Representatives voted the bill down and went home without reauthorizing the Board of Dental Examiners. Without that passed legislation the Dental Board was actually abolished and the regulation of dentists was temporarily transferred to the Texas Department of Health. Not surprisingly, during the first week of the next legislative session a bill creating a new Board of Dental Examiners was passed, with hygienists serving on the board.

Upcoming Sunset Issues In Texas:

The Sunset Advisory Commission is currently midway through their review of 29 agencies for the next (2003) legislative session, which will include the Texas Department of Health; State Bar of Texas; the Texas Lottery Commission; and the Texas Workforce Commission. The next (2005) group of agencies up for review will include most of the health professions licensing boards such as those for doctors, nurses, pharmacists, psychologists, audiologists, and hearing instrument fitters and dispensers. Even though the legislation won't be voted on until 2005, the review of these agencies will begin in June of 2003.

Recommendation:

It is considered imperative for those impacted by a certain agency to be proactive in their involvement during the Sunset process. Due to the short legislative sessions in Texas, legislators tend to frown on a lengthy debate over the recommendations of a yearlong public review. In other words, if you don't participate in the Sunset negotiations then your comments won't be welcome during the legislative discussions. This is the period of time when legislators expect the various sides of a professional debate to attempt to work out their differences and to come close to reaching compromises.

To learn more about the Sunset Laws in your state, contact your legislator's office, local library, or your state's Sunset Commission. In Texas you can learn a great deal at the Texas Sunset Advisory Commission's website https://www.sunset.tx.us

Websites, Examples & References:

https://www.cato.org/

https://www.encyclopedia.com/

https://www.capitol.state.tx.us/#go005.2054.005

https://www.erie.gov/laws/eccode/xxi.phtml