Agencies both big and small under review

The Texas Legislature convenes for its regular session five months every other year. The 82nd legislative session will convene in January, 2011. During the interim period, the Legislature remains active both through interim study charges and through what is known as “sunset review.” These processes give the Legislature the opportunity to review the operations of multiple state agencies in an effort to ensure effectiveness and efficiency in our state government.

On Feb. 25, the House Committee on Judiciary and Civil Jurisprudence, on which I serve as chair, will meet to review the state agencies under the committee’s legislative jurisdiction. This committee covers a broad jurisdiction that includes all the court systems in our state, both civil and criminal, as well as agencies such as the Office of the Attorney General and the State Bar. Smaller agencies undergo the same review process as the larger ones.

For example, our committee will be reviewing the operation of the state’s Board of Legal Examiners (BLE). The BLE is an agency of the Supreme Court of Texas composed of nine members each of whom must be an attorney with a minimum of ten years experience in the practice of law. Members are appointed biennially by the Supreme Court.

The BLE is best known as the state agency that administers the Texas Bar Exam. The board is also tasked with investigating the character and fitness of law students who intend to apply for admission in Texas. The investigation covers such matters as whether the individual has been involved in criminal matters, fraudulent practices, and any activities suggestive of character traits which would impact the responsibilities an attorney owes to clients, the courts, and the legal profession.

All of the 34 standing committees in the Texas House are charged with reviewing agencies under their jurisdictions as part of their assigned interim study charges. Separately, multiple state agencies are currently undergoing sunset review, a process administered by the Texas Sunset Commission. The commission, created by the Texas Legislature in 1977, is charged with identifying and eliminating waste, duplication, and inefficiency in government agencies. The 12-member commission is comprised of five state senators, five state representatives and two public members. The commission seeks public input through hearings on every agency going through the process, the timing of which is set forth in each respective agency’s enabling statute.

Some agencies are required to undergo a sunset review more frequently than others. The commission recommends action on each agency to the full Legislature.

Much like the House interim charges, agencies both big and small undergo the same type of review. Over the course of the next several months the Sunset Commission will be performing its review of some of our state’s largest agencies such as the Texas Department of Transportation, Texas Commission on Environmental Quality and the Texas Department of Insurance.

A smaller, lesser-known agency going through the sunset process this interim is the Office of Public Insurance Counsel (OPIC). OPIC represents consumers as a class on matters involving rates, rules, and forms affecting various types of insurance. The agency issues annual consumer report cards on Health Maintenance Organizations (HMOs) that include services provided by each HMO, the quality of care provided, costs, complaints and other helpful information. OPIC has also produced consumer bills of rights for auto, homeowners, and credit insurance.

Public participation in both the interim study process and sunset review is encouraged. Members of the public can provide input on the different agencies during public hearings, which are broadcast and archived on the internet.

If you have any questions regarding any of the agencies or processes described in this article, please don’t hesitate to contact either my Capitol or District office. My offices are available at any time to assist with questions, concerns or comments.

Todd Hunter, R-Corpus Christi, is the District 32 State Representative. Contact him at E2-808, P.O. Box 2910, Austin TX 78768; (512) 463-0672 or todd.hunter@house.state.tx.us.