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This report covers the responses Appropriations S/C on VI, VII, & VIII received for their RFI for Charge 1, relating to the monitoring of agencies and programs under the committee’s jurisdiction and overseeing the implementation of relevant legislation. The RFI for this charge can be found here, and the full list of responses can be found here.

The HillCo report below is a summary of information intended to give you an overview and highlight of the various topics included in the responses. This report does not cover the entirety of each response, but aims to provide an overview of the testimony submitted.

Lisa R. Collier, State Auditor’s Office (pp. 2-7)

  • Reports consist of audit and review reports and follow-ups on select recommendations issued by SAO and/or the Sunset Advisory Committee
  • Includes an extensive list and links to audit reports of the programs and agencies under the committee
  • Recent reports released include the departments of Housing and Community Affairs, Motor Vehicles, Transportation, and the Texas Commission offices of Workforce and Lottery
  • Report on Implementation Status of State Auditor’s Office Recommendations Verifications:
    • Departments of State Health Services, Agriculture, Transportation, Public Safety, Parks and Wildlife
    • Commissions of Alcohol Beverage and Texas Facilities

Andy Schwartz, Texas Animal Health Commission (pp. 8-10)

  • Has entered a memorandum of understanding with the Texas A&M Veterinary Medical Diagnostic Laboratory (TVMDL) in accordance with Rider 3
  • Finalizing its report to Legislative Budget Board regarding testing/associated costs performed at TAHC State-Federal Laboratory
  • Currently under the Sunset Advisory Commission review process, staff report shows State-Federal Laboratory should be closed
  • Highlighted that the loss of federal funds for cattle brucellosis eliminated most of the laboratory workload
  • Commissioners approved and the Executive Director requested The Facilities Commission consider TAHC Austin Laboratory Lease for cancellation
  • Will continue to provide identification and testing at existing facility to reduce costs and any gaps in regulatory testing if lease is cancelled or there is a new tenant
  • Procurement staff evaluated each purchase order to ensure compliance with requirements
  • Updated standard contracting and procurement terms and conditions to incorporate requirements of House and Senate Bills
  • In accordance with Rider 8, will submit annual report before October 31, 2020 entailing agency efforts to improve IT capabilities:
  • Entered service contract with TraceFirst Inc to provide CoreOne via a cloud-based system
  • Taking advantage of low-cost virtual solutions, implemented monthly maintenance, updated multiple applications and databases

Texas Department of Licensing and Registration (pp. 11-12)

  • Received appropriated funding from Legislature to assist in the fight of human trafficking, used to create and implement an Anti-Trafficking Unit (ATU)
  • Training and partnership efforts resulted in partners in training from other organizations and work groups
  • Facing physical limitations, ATU continues to fight human trafficking by examining and dissecting illicit advertising platforms for evidence of ongoing trafficking activity and making others aware

Texas Department of Transportation (pp. 13-16)

  • SB 1219 requires Attorney General to enforce signage postings for services and assistance available to victims of human trafficking at certain transportation hubs
    • Must prescribe design and content of the sign and must consult with TxDOT about rules regarding design and content
  • Awaiting final adoption of rules from Attorney General and will work to place updated signage in safety rest areas
  • Will engage other transportation hub operator contacts to ensure entities are aware of SB 1219 entailing
  • Bill Pattern appropriated $200,000 in General Revenue to install signage or grants in locations listed in SB 1219; proposed cutting General Revenue funding for this program
  • Required by SB 1593 to develop and make available training courses for employees on the recognition and prevention of smuggling and trafficking
    • Employees must be given notice and have course taken with 30 days of employment
  • SB 65 statute requires a report of contract monitor ratings be submitted to the CPA

Texas Department of Insurance (pp. 17-18)

  • Legislature provided grant funding for operating local government sponsored employer health care programs
  • TDI budget authorized by rider for the Three-Share program grants from fines and prompt pay penalties
  • TDI exceeded the estimate for penalties and was able to allocate all 2.25 million in additional funding to the Three-Share program in FY 2020
  • Guaranteed funding 13 months into 2022-23 biennium at current enrollment level

Texas Parks and Wildlife (pp. 19-35)

  • Rider #15 for the 2022-23 biennium needs change involving representation of TPWD’s requested allocation of SGST to cover appropriations, employee benefits, etc.
  • ERS and TPFA would also be included with insurance and debt service, emphasis on estimated amounts and not certain amounts
  • Will outline alternatives to ensure direct line-item appropriations aren’t impacted
  • Incorporates “Secretary of Interior’s Standards for Historical Vessel Preservation Projects with Guidelines for Applying the Standards” and operating funding transfers to BTF
    • Battleship Texas Restoration Plan submitted to Legislative Budget Board in 2020
  • General Appropriations Act intended to address Managed Lands Deer Program Fees and the issue of not having a source of funding to hire new staff associated with growth
  • TPWD will request current Article IX contingency rider be moved to TPWD’s bill pattern and changed to show inclusion of associated amounts above the line
  • Legislature authorized the carry-forward of any unexpended 2018-2019 Sporting Goods Sales Tax Appropriations for capital construction/deferred maintenance into FY 2020
  • Will be requesting a new rider that will grant them flexibility to pay increased contract costs out of increased revenues
  • Requests that current Article IX contingency rider be moved to their bill pattern and changed to show inclusion of associated amounts above the line for Cultivated Oyster Mariculture
  • If there is any cash or budget balances in the Oyster Shell Recovery & Replacement Account at the end of FY 2021, they will have the authority to expand those accounts
  • Ensure that TPWD can use funds for legislative intent and expectations of the commercial entities pay the fees
  • HB 2805 resulted in statutory charges to permit application forms, procedures, and permit entailing referring to Marl, Sand, Gravel, Shell, and Mudshell Permits
  • Legislatures allocated a substantial level of funding for statewide management of aquatic invasive species, implemented program to combat species
  • Legislative appropriated 12 million to them in FY 2020 for certain local park grants in many cities
  • Working to assist communities where possible so their grant funding will not be lost

Kevin Kluge, Texas Water Development Board (pp. 36-50)

  • TWC Section 11.155, amended by HB 721, directs the TWDB to work with appropriated interest persons to conduct studies of ASR and AR projects involving state water plan
  • Requires TWDB to conduct statewide survey to identify the suitability of various majors and minor aquifers for use in ASR and AR projects
  • Staff have ordered state water plans for study based on a variety sense of criteria
  • Contacted with HDR Inc to undertake the statewide suitability survey and deliver a draft report
  • Methodologies for applying three primary screening criteria: hydrogeological parameters, excess water, water supply needs and key components for each
  • Final report of the statewide survey, links to the story map, and web map application will be submitted to the Governor, Lieutenant Governor, and Speaker of the House of Representatives
    • Will be completed by December 15th, 2020
  • Work process to complete zone designations summarized by:
  • Conducting aquifer characterization, applying HB 30 criteria & evaluating zones for zone designation, and TWDB staff recommending potential production zones
  • Currently working on five regional brackish aquifer studies; have identified seven that meet HB 30 criteria/eligible for zone designation
  • Work orders issues to initiate specific tasks issued to entities including the analysis and collecting of geological well logs and brackish aquifers
  • HB 722 directed TWDB to conduct technical reviews of operating permit applications submitted to GCDs
  • Investigates the impacts of brackish groundwater production when requested by GCD
    • TWDB will submit a report to the GCD including
  • HB 722 does not apply to a district that overlies the Dockum Aquifer and includes wholly or partly 10 or more counties
  • Will submit report that addresses whether the production from the permitted project could cause aquifer declination or negative affects on water quality
  • Section 356.70, 356.71, and 356.72 will clarify and outline:
  • How the agency will identify and designate local or regional brackish groundwater production zones in particular areas of the state
  • How the agency will conduct assessments and technical reviews of brackish production zones operating permit applications
  • How the agency will investigate and conduct technical reviews of annual reports if requested b the GCDs
  • TWDB will review comments, respond to relevant ones, and request the Board approve any adoption of rules

Larry French, Texas Water Development Board (pp. 51-58)

  • 76th Texas Legislature required TWDB to obtain/develop groundwater availability models for all major/minor aquifers
  • In coordination with groundwater conservation districts and regional water planning groups
  • Statute requires groundwater conservation districts and regional water planning groups to use values of total pumping and modeled available groundwater value in
  • Groundwater availability models and the data that inform them are used to develop information
  • Groundwater availability models need to be upgraded to respond to both improved software codes and evolving regional water demands

Temple McKinnon, Texas Water Development Board (pp. 59-64)

  • HB 807 directed TWDB to appoint an interregional planning council made up of one regional water planning group
  • Council is charged by statute to improve coordination, facilitate dialogue, and share best practices among regional water planning groups and Texas as a whole
  • Committee Chairman Lyle sent letters to Council members pertaining to reviewing and making recommendations regarding the State Water Plan and various projects
  • Outline needed to facilitate better interregional coordination in the future
  • Initiated rulemaking to implement revisions, draft water plans, and the council report due date
  • Council meetings have addressed specific problem 3 statements pertaining to:
  • Enhancing interregional coordination and planning water resources for the state as a whole
  • HB 307 added additional requirements to the 2021 Regional Water Plan now stating to:
  • Counterproductive variations in specific drought response strategies
  • If a RWPA has significant identified water requirements, provides a specific assessment of the potential for aquifer storage and projects to meet the requirements
  • Daily monitoring of water use per capita in every decade of the period covered by the plan for the municipal water user groups in RWPA
  • Assess progress of RWPA between water user groups and incentivizing strategies that that benefit the entire region
  • States that planning group should make legislative recommendations for changes planning group members believe would improve the water planning process
  • Implementation timeline consisted of approving proposed amendments, adopting revisions, and just recently adopting the final adopted regional water plans due to the TWDB

Jessica Zuba, Texas Water Development Board (pp. 65-67)

  • HB 1052 provided for changes to the Texas Water Development Board’s State Participation Program
  • Original bill authorized existing account to fund interregional water supply projects and directed TWDB to cater to requests for water supply projects
  • Second bill, sub-account, used for development of removal of salts and minerals/aquifer storage and recovery facility
  • If no projects are funded by September 1, 2024, TDWB may not aid any facilities from the State Participation Account II
  • Implementation proposals of the Memo of Understanding with the Texas Commission on Environmental Quality and water supply projects are currently being drafted
  • Both will be open for public comment at the conclusion of 2020
  • Issued an RFI this year and received nine responses from entities that identifies several projects

UTMB Health (pp. 68)

  • Includes an FAQ on UTMB’s Multi-Share Plan offered to employees of small businesses within Galveston County; outlines qualifications for certain subsidies

Children at Risk (pp. 69-72)

  • Reviews the purpose of HB 680, relating to new measures for accountability, transparency, and coordination around the state’s subsidized child care program
  • Bill made it easy for local school districts to partner with quality child care centers
  • Approximately a million Texas children under the age of 5 are living in low-income households
  • Subsidized child care program is vast and child care subsidies are the largest expenditure in TWC’s budget, about 50%
  • Current subsidy only serves 136,000, 10%, of eligible children
  • Has been historic and systemic under-investment in child care and under-compensation of the child care workforce; many owned by women and women of color
  • Child care teacher salaries, especially those in programs accepting subsidy payments, do not reflect the complexity of/skills needed for work; COVID-19 made disparities more complex
  • LWDBs offer important programs such as wage supplements for certain teachers; supports vary widely across Texas
  • Child care workers want more training and know that appropriate education, knowledge, and skills allow them to better serve children and to earn more money
  • Overviews statistics related to child care educator’s economic and academic background; make poverty level wages and only 1 out of 4 has an associate’s degree or higher
    • Low wage jobs result in high turnover, negatively impacts program quality
  • Need to use data to support and improve child care quality by supporting and improving the child care workforce
  • Should create a state strategic plan for the child care workforce; should continue on the conversation HB 680 started
  • Should create child care apprenticeships, such as those provided by Children at Risk
  • Should expand registry of child care workers by utilizing the Texas Early Childhood Professional Develop System Workforce Registry at TWC

Adrian Shelly, Public Citizen (pp. 73-76)

  • TCEQ should seek additional monitoring funds as their one-time appropriation were used to upgrade three existing mobile monitoring vehicles operated by the TCEQ
  • Additional funding should be provided for the ambient air monitoring network
  • Supports air monitoring and capital equipment, targeted salary increases, Rider 19-TERP Cash Flow Difficulties Funds
  • Opposes Rider 27-Expedited Processing of Permit Applications, unless it’s revenue neutral and Rider 26-Barnett Shale Permit by Rule Study

Kody Bessent, Plains Cotton Growers, Inc. (pp. 77-78)

  • Requests the removal of TDAs Appropriations Rider 26
  • Advocates for funds appropriated to TDA to be used for the implementation of warfarin for feral hog abatement

Evelyn L. Merz, Sierra Club pp. 79-89)

  • More funding will allow major communities access to mobile monitoring and optical imaging cameras
  • Appropriations Committee should consider whether models can be performed under TCEQ’s existing budgetary constraints
  • Suggests Legislature should act as a quarterly reporting requirement as part of the budgetary process
  • Legislature failed to address the large balance within the Clean Air Account 151, which was generated from fees in relation with LIP and LIRAP
  • Requests the elimination of Rider 28
  • Is supportive of money allocated to RRC for IT upgrades, more transparency still needed on enforcement, continued need for additional inspectors, and mobile monitoring
  • A clean-up of abandoned wells is needed; should be met by bonding reform
  • Comments on TWDB Appropriation Needs for ‘22/’23 consist of debt service for EDAP, additional funding for water conservation activities, flood planning and mitigation
  • Texas Parks and Wildlife Department budgetary issues that the Legislature need address
  • Planning and funding adequacy for state parks pertaining to study gaps in the need of new parks, budget flexibility, and diversifying funding to better implement Conservative Action Plan
  • States local park grant funding has not recognized inflationary effects; should benefit urban nature habitat acquisition and restoration
  • Need to identify consistent financial support to adequately control invasive aquatic species and a universal program set to control them
  • An advocate of wildlife management and protection to better chart and track predator population and predator hunting data
  • The issue of incidental take of non-target species also foster into the trapping regulations that need to be adjusted
  • Addressing adequacy of compensation policies involving O&G leasing, wind turbines, ROW for pipelines, and high-voltage lines are vital to the wildlife and habitat protection on TPWD lands
  • Should be matching of impacts to compensation and mitigation
  • Long term solutions should be made over single compensation payments

Jeff Nunley, South Texas Cotton & Grain Association (pp. 90-91)

  • Requests the removal of Rider 26, constituting the restriction of the Texas Department of Agriculture from using appropriated funds for warfarin on feral hog abatement
  • Due to feral hogs causing millions in economic damages each year, it is believed that action for controlling feral hogs is a need to reduce population and limit their threat to the public

David Gibson, Texas Corn Producers Association (pp. 92-93)

  • Is making the Committee on Appropriations aware of the substantial impact of Rider 26 and how detrimental and destructive it is, showcases less restrictive product restrictions
  • Claims removing this rider would allow the scientific process to work with EPA to register feral hog control measures and enable fee collections on products to fund inspection programs

Tracy Tomascik, Texas Farm Bureau (pp. 94-95)

  • Opposes Rider 8 of the Texas A&M AgriLife budget and Rider 26 of Texas Department of Agriculture’s (TDA) Budget
    • Prevents the use of the toxicant warfarin and control of feral hogs by TDA
  • There are less restrictive product use restrictions for warfarin which raises concern when the accessibility of the product is so open
  • Insists the state needs access to more feral hog control tools to better assist warfarin-based projects to control them

Bryan J. Gentsch, First the Seed (pp. 96-97)

  • Supports the statutory designation of the state’s seed certifying entity to be changed to the Texas Crop Improvement Association
  • Supports the transfer of the Seed Law program to the Texas Department of Licensing and Regulations
  • Concerned seed programs maintained by the state will soon prove untenable and may be eliminated without necessary statutory authority for industry management

TexHealth Central Texas (pg. 98)

  • Overviews history of TexHealth, economic development of the plan and current number of businesses who participate
  • With the ACA and the 10 Essential Benefits Requirement, converted to a model where lower wage employees of small businesses may receive insurance