The Sunset Advisory Commission met on December 7th to hear testimony and report out on decisions for certain agencies. There was not public testimony at the meeting; invited testimony only. This report covers discussion on the following agencies: Teacher Retirement System of Texas, Brazos River Authority, Texas Commission on Fire Protection, and San Jacinto River Authority.

This report is intended to give you an overview and highlight of the discussions on the various topics taken up. It is not a verbatim transcript of the discussions but is based upon what was audible or understandable to the observer and the desire to get details out as quickly as possible with few errors or omissions.

 

Teacher Retirement System of Texas

  • Laid out staff report
    • TRS provides “complex, overly legalistic materials” “offers few in person counseling appointments” – many issues were in last Sunset review but agency has yet to address
    • Agency controversial decision to enter into expensive lease but TRS has backed off and exploring options
    • TRS spends “significant amount of money contracting” – need to make changes sooner rather than later
    • TRS is sophisticated investor but found certain improvements need to be made
    • Fund is stable and doing well; need to increase transparency and trust of agency
  • Lucio – did you review options regarding TRS care; make sure funding is reliable
    • Did hear about this issue, but really a funding decision for the legislature
    • Program not matching cost of rising health cost but not an area where staff weighs in
  • Paxton – did Sunset assess member appeals process; any recommendations?
    • Did look at it for pension and health care; separate processes but didn’t determine any areas where they could make a meaningful recommendations
  • Bryan Guthrie, TRS Executive Director and Jarvis Hollingsworth, Chair of TRS Trustees
    • Hollingsworth – pleased to report agency has acted on nearly all Sunset staff recommendations
    • Guthrie – responded on plans and response the agency has implemented
    • Guthrie – adopting a member outreach plan; working directly with stakeholders on how TRS can better communicate and meet needs; vast majority of members using online platform; exploring perhaps having satellite offices and incl in request to legislature of a satellite office in El Paso; working on new procurement and contract management guide; bolstered contract management division; cost benefit analysis of parallel accounting system; overall support recommendations
    • 3 areas of concerns with recommendations – statutory change request on communication plan will limit flexibility; statute says they cannot provide financial advice so careful balance on education and if permanent financial planning is wanted from the agency they would need statutory changes; enhance training recommendation as there are a lot of benefit nuances

Questions of agency

  • Chair Cyrier – Has been a challenging year for TRS, but team has been proactive concerning implementing Sunset recommendations
  • Lucio – Retirees have approached with concerns on accessibility of accounts; how may a beneficiary access their account?
    • Are working on internet functionality; implementing a new benefits system on a new up to date platform
    • Some internet functionality is currently down, but members will eventually be able to access their account, fill out forms, and see their current status online
  • Lucio – Know they may be penalized if they returned to help at the beginning of the pandemic; how do we remedy this?
    • Reiterates there is conflicting information concerning returning to work and some are penalized
    • Law is clear and unwavering upon those returning to work; is nuance on how time is counted
    • Would like to have some flexibility in statute; are opportunities to improve EAR
    • Current constraints come from our actuary; systems vary on how/when time is counted concerning service credit
  • Citizen member – Average age of retirees is 70 with diminishing pensions; they deserve an understanding of how to retire with dignity; the ability to give them flexibilities on when they can re-enter/leave the workforce and what benefits they have; TRTA recommended an Ombudsman; would be a tremendous asset; satellite offices sound like a good idea, but should utilize facilities that are already being funded
  • Lucio – Young educators are concerned with retirement; may need a cost of living adjustment for that generation
  • Citizen member – Echoes sentiments of Lawrence; need to consider the ways we communicate with different regions, such improving communications with rural school districts
  • Canales – Texas is conservative, in order for capitalism to thrive, education needs to thrive; need to ensure stability of the field
  • Cyrier – Notes written testimony by the public and constituents is due December 18

Texas Department of Licensing and Regulation

Emily Johnson, TDLR & Erick Fajardo, Sunset Staff

  • Certain provisions in TDLR’s statutes, rules, and policies do not match model standards or common practices observed through Sunset
  • Should remove subjective licensure provisions from TDLR’s statue and clarify certain authorities
  • Identified 15 license types that can be safely eliminated; including dog and cat breeders, polygraph examiners, auctioneers, and others
  • Should consolidate the regulation of barbers and cosmetologists, should eliminate instructor and wig-related licenses; should keep class A licenses and a certain cosmetologist license
  • Need to streamline driver training programs; should eliminate course approval fees and pre-license and continuing education requirements
  • Should transfer the regulation of UAPRs from TDLR to TxDMV and consolidate the UAPR and salvage dealer licenses into a single license
  • Recommend authorizing TDLR to require disclosure of additional financial and controlling information of applicants for certain business licenses
  • Should require TDLR to collect, maintain, and make publicly available detailed information on complaints regarding its licensees
  • Recommend continuing TDLR for 12 years; until 2033
  • Vice-Chair Buckingham – Did you find any issues with the advisory committee being able to meet?
    • No
  • Buckingham – They are meeting under the emergency order?
  • Buckingham – Have heard concerns about removing the polygraph license; is it true they are limited to traditional polygraph tool
    • Yes, could not use any modern/new polygraph technology
  • Buckingham – Have heard from DPS concerned about ending the licensed breeder program, who did you talk to about this program?
    • Fajardo – Reached out to law enforcement regarding this program, there has not been a lot of feedback
  • Buckingham – Concerning the course approval fees, why not enhancing?
    • Expanding regulation is not in our jurisdiction; altering thresholds is something that could be manipulated
    • Would be a considerable increase of financial burden to the agency
  • Buckingham – Concerning the minimum fee for driver’s license education program; received complaints?
    • Have not received complaints directly, but could currently cause issues with competition
  • Buckingham – Worry about tissue paper programs, was set in order for thought and substance of the program
  • Sunset staff fully supports parent taught drivers ed but recommendation is regulation on the business that providers those online education programs
  • Bryan Francis, Executive Director of TDLR and Rick Figueroa, Chair of TDLR
    • Figueroa – appreciate recommendation of continuing agency and flexibility of 1.1 and 1.2 on streamlining advisory boards; working on additional recommendations
    • Francis – have already provided written comments, thanks Sunset staff and time they took to understand the agency, ready to move forward with actions they have put in front of them
    • Francis – reviews items they are working on, would like them to consider a modification
    • Francis – they would ask consideration not to undergo Sunset review again on the new programs that have been rolled into them as they have already recently gone through a similar review recently
    • Francis – always hear desire to combine barber and cosmetology but development of staff is honoring both industries with recommendations and it makes a lot of sense, well over 200 comments on deregulating of instructor license but stand ready to assist
    • Francis – appreciates staff on brining dissonance on item 6, need to be smarter on gathering data and weaving algorithms that will do calculations for them; request one modification in this area
    • Francis – boiler, evaluator and architectural barriers programs they would like to keep on cycle in statute; can increase/keep same/decrease inspection cycles for these areas
    • Francis – now regulating motor fuels program and motor cycle safety program
    • Figueroa – innovated during COVID; remote meetings, etc
    • Francis – increase in number of people participating in the meeting; held meetings/conference/planning session in virtual environment and to supplement they can provide virtual inspections, interagency network meeting weekly, combat sporting events being held safely with rigid protocols

Questions of agency

  • Lucio – concern on abandoned pets in this time frame and recommendation on eliminating program and breeder program
    • Responsible pet owner is a new program; its about an avenue for an online course but system is there and it is up and running
    • Regarding breeder program there have been alternatives recommended; if threshold were lower could take further actions
  • Citizen member – young drivers concern and how that training is delivered is critical; so has concern around curriculum update and parents still being able to teach child to drive at no cost
    • Noted
  • Lucio – Driving safety course history; how will providing certificate to court work and what viable option is there for a person who does not learn well online or have access to broadband?
    • Program transferred in 2015 and each subsequent planning session look at removing the $25 floor but did not pursue based on conversation with driver ed schools who referred to California where it was a race to the bottom; concern on quality of courses diminishing but up to legislature to explore
  • Cyrier agrees a third cycle of Sunset sounds too much; appreciates work of TDLR

 

San Jacinto River Authority

  • Staff laid out report; water in Texas is valuable resource that sometimes sparks controversy – there are a few examples of active litigation that could impact; however, staff focused on charge during review
  • Communications with general public need a more consistent effort by adopting overall policy and approach on developing input; contract function reviewed; updating governing law and codifying it
  • Buckingham – did you look at creating a truly independent citizen advisory board?
    • Did not look at that solution; in issue 1 did not want to be prescriptive on tools used to acquire public input
  • Buckingham – authority has not reviewed conflict of interests such as municipal districts that are also clients?
    • Focus on lack of formal guidance and policy on procurement or how should procure legal services generally
    • Assessment should be done on if outsourcing general counsel is still needed
  • Jace Houston, General Manager and Lloyd Tisdale, Board President
    • Tisdale – 25 years of service; staff underway on implementing improvements recommended by Sunset
    • Houston – look forward to implementing recommendations; water is extremely critical in Texas and feel they have a valuable story to tell
  • Buckingham – regarding conflicts of interest; do any other members serve on boards like banking, etc
    • Houston – not to his knowledge

Brazos River Authority

  • Staff laid out report
  • Buckingham – points of clarification; pg 8, want to clarify that BRA does not have the authority to regulate possession of firearms & it is an agency
    • Correct – only on discharge of use not on possession
    • Correct – they are an authority created by legislature
  • David Collinsworth, General Manager and Cynthia Flores, Chair
    • Flores – had trouble with audio but praised authority and staff for their job, will meet the needs of millions of Texans in the future; believe recommendations provide opportunities to be better than they already are such as increased board interaction and strategic planning
    • Collinsworth – in full agreement with Sunset; excited they have staff and expertise to deliver and appreciate insight from Sunset which will help them be better organization moving forward

Texas Commission on Fire Protection

  • Staff laid out report; review found regulatory scope is appropriate and see services provide an important benefit to the state
  • Commission should take lead on policy making; and several other recommendations made
  • Lucio – number of suggestions he has heard: revamping board composition to ensure greater representation and certificate of renewal every four years would be sufficient and volunteer firefighters be removed from the board
  • Buckingham – did Sunset consider changing composition of the board?
    • Did hear a lot of feedback but looked at composition and to mandate a change they would need to find significant problems and did not find significant problems but there is flexibility for them to fill roles on board with diverse representation
  • Robert Moore, Commissioner – thanks staff for work and agrees their need to be change but cautions against wholesale change and feels all recommendations are important and should be addressed however will speak to one recommendation that resonated with them, advisory committee is important but they should be leading the charge on rulemaking
  • Mike Wisko, Executive Director – Advisory committees are vital and there are areas they can make improvements and believes they can succeed in changing certification to a two year process