TxDOT Sunset Review
Texas Department of Transportation - Sunset Review
In 2007, the Texas Department of Transportation (TxDOT) began preparing for their Sunset Review before the Texas Legislature in the 81st legislative session to convene in January, 2009.
The Sunset Review process is the regular assessment of the need for a state agency to exist. While standard legislative oversight is concerned with agency compliance with legislative policies, the Sunset Review process asks a more basic question: Do the agency's functions continue to be needed?
The Sunset Review process works by setting a date on which an agency will be abolished unless legislation is passed to continue its functions. This creates a unique opportunity for the Legislature to look closely at each agency and make fundamental changes to an agency's mission or operations, if needed.
The Sunset Advisory Commission, established in 1977, is a12-member commission, appointed by the Lieutenant Governor and the Speaker of the House of Representatives. The Commission reviews the policies and programs of more than 150 state agencies. The Commission questions the need for each agency, looks for duplication of other public services or programs, and considers changes to improve each agency's operations and activities.
Assisting the Commission is a staff whose reports provide an assessment of an agency's programs, giving the Legislature information needed to draw conclusions about program necessity and workability.
To prepare for their Sunset Review, TxDOT hired an outside vendor to conduct independent assessments of their management and business operations. The department's operations were divided into five categories. The final audit reports for each of those five categories can be viewed at TxDOT Self Evaluation.
For information on how to participate in the Sunset Review process, go to How To Participate.
On Tuesday, June 3, 2008, the Commission issued a report recommending that the five-member Transportation Commission be replaced by a single commissioner, appointed by the Governor and subject to Senate confirmation. On Thursday, June 26, 2008, TxDOT issued its staff response to the state's Sunset Advisory Commission report. Although the TxDOT response was generally supportive of the recommendations made by the Texas Sunset Advisory Commission staff, they did question the effectiveness of having a Contract Advisory Team review comprehensive development agreements (CDAs).
On Tuesday, July 15, 2008, the Texas Sunset Commission convened in Austin to hear the recommendations of the Sunset staff and take public testimony. The most dramatic proposal was when several lawmakers who serve on the commission raised the possibility of making the state transportation commissioner an elected position.
On Tuesday, December 16, 2008, the Sunset Advisory Committee met to decide regarding its recommendations to the Texas Legislature on the future of the Texas Department of Transportation (TxDOT). Major recommendations include:
- Replace the five-member Texas Transportation Commission with a single transportation czar.
- Create a legislative oversight committee to work with the transportation czar and respond to the needs of legislators.
- Remove TxDOT's responsibility for vehicle registration and create a department of motor vehicles to handle duties regulating drivers.
- Hire a consulting firm to draft a plan to overhaul TxDOT's management system.
- Provide another sunset review for TxDOT in four years instead of the standard twelve.
These recommendations regarding TxDOT will be the basis of a "Sunset Bill" filed in the Legislature during the session to convene on Tuesday, January 13, 2009. This legislation is expected to include a number of provisions to make the agency more accountable and transparent in its decision-making and use of funds. If the measure passes, TxDOT will continue to operate with legislative modifications. If the measure fails, TxDOT will be abolished and begin a one-year wind-down process.
Resources
Texas Sunset Advisory Commission Report on the Texas Department of Transportation (June 3, 2008)
