|
By Laura Nicholes
TAC Legislative Staff
The Sunset Advisory Commission met December 15, 2008 to hear testimony on several state agencies under its review. The Sunset Commission periodically reviews the policies and programs of more than 150 government agencies. The commission questions the need for each agency, looks for potential duplication of other public services or programs, and considers new and innovative changes to improve each agency's operations and activities.
Representative Carl Isett (Lubbock) chairs the commission.
Texas Commission on Jail Standards (TCJS) was first on the agenda. Executive director Adan Munoz, TCJS chairman Sheriff David Gutierrez and TCJS member Dr. Michael Seale testified at the hearing and concurred with the Sunset recommendations to continue the agency as an independent entity for another twelve years. The report did make suggestions for improving communications between the agency and local jails, compiling and sharing “best practices”, as well as requiring the commission to develop specific risk factors and a risk-assessment plan to guide the inspections process for all jails.
An excerpt from the report’s conclusion states “County jails perform a critical role in the state’s criminal justice system, and are often one of the most expensive and high-risk areas of a county government’s operation. Counties often struggle to balance many competing needs…” In response to a question from Chairman Isett regarding jail regulations and county budgets, Munoz and Gutierrez responded that the agency understands county budget constraints and works with the counties to meet regulatory standards by offering technical assistance and, at times, by attending commissioners court meetings to explain their position and available options to the public.
In addition, the TCJS has already begun the process of addressing areas of recommended improvement by developing a database for all complaints received; the database has been functioning since July 2008; compilation of “best practices” and improved electronic communication components, as suggested by the report, are also underway.
Other public testimony included suggestions for a standardized grievance process, improved medical/mental health care and training, and additional agency staff to support the recommendations.
Board of Tax Professional Examiners (BTPE): As posted on the agency’s web site, taxes are the primary financial resource for the operation of governmental entities in Texas. The Property Taxation Professional Certification Act was enacted by the legislature to establish standards to assure the people of Texas that property tax appraisal, assessment and collection of property taxes is practiced by persons who are professional, knowledgeable, competent and ethical. The mission of the board is the establishment, maintenance and administration of a state-wide program of registration, education, experience, testing, and certification of elected and appointed public servants that promotes an equitable tax system for all persons in Texas.
Sunset staff has concluded that “abolishing the Board and transferring its functions to the Texas Department of Licensing and Regulation (TDLR) offers opportunities to increase the efficiency and effectiveness of tax professional regulation.” The report suggests establishing a tax professional advisory committee to assist with the regulation of tax professionals and would authorize the TDLR to seek assistance from the Comptroller’s Office for educational needs and other regulatory issues.
Kristy Roe, BTPE chair and Brazos County Tax Assessor-Collector, testified on behalf of the board. She said “It is true that many of the issues and complaints handled by the board are due to the frustration of taxpayers and their misunderstanding of the property tax system as a whole. As noted in the report, a majority of complaints received are actually for issues which the board has no statutory authority to address” (i.e. appraisal process). She continued: “The minimal number of complaints received in relation to the number of registrants statewide is a testament to the educational and ethical standards required by the board, the professional organizations, and the registrants themselves.” She cautioned the members, “Also, unintended increases to agencies employing registrants in the form of process changes or fee increases to fund enhanced investigatory tools could be considered by some as unfunded mandates".
Other public testimony included suggestions for improving qualifications and proficiency structures.
Texas Juvenile Probation Commission (TJPC) and Texas Youth Commission (TYC): Chairman Isett introduced the juvenile justice segment of the hearing as the day’s “main event”. The hearing room was filled to capacity with juvenile justice practitioners, primarily chief juvenile probation officers representing all sizes of counties from each region of the state.
The Sunset report recommends abolishing both TJPC and TYC and merging their responsibilities into a new state agency. Chairman Isett firmly stated to the Sunset staff and commission members on two occasions that “[We are making] a serious commitment that anything we ask counties to do, we will pay for.”
Representative Ruth Jones McClendon was the first to speak up and say the “merging of the two agencies is an over-correction, it is far reaching and excessive”, for which she received standing applause from a number of the attendees. Representative McClendon stated that prior to becoming a legislator she was a juvenile probation officer for seventeen years and uses that experience as the basis for her position on the recommendation. Furthermore, she stated that “the money will always follow the worst offenders” and added TYC finally has stable leadership and the SB 103 reforms should be given a chance to work. Senator Juan Hinojosa also spoke against the merger saying he sees “two separate missions” in the agencies and that “TYC needs more time to develop and implement the SB 103 reforms passes in 2007”. Senator Glenn Hegar, Vice Chair of the Commission, said he was undecided at this time; Representative Kolkhorst reminded the group that in 2003 each state agency was mandated to cut their budgets, except for TJPC. She said TJPC received an additional $25 million while TYC cut $34 million from their budget. This, she said, spoke loudly of the quality work done by TJPC and the need for it to continue.
TJPC Executive Director Vicki Spriggs later testified that well-funded probation departments are necessary to keep the TYC population down, but that TYC remains a necessary component for certain offenders. In addition, Ms. Spriggs asked the commission for guidance in defining “minimum standards”. Some counties, she said, feel that the agency is intruding on local control through the rule making and minimum standards process and she asked the state to take the lead on determining guidelines. Setting standards, she said, safe-guards the state’s liabilities and she will do either more, or less, at their direction.
The majority of public testimony spoke against a merger of the two juvenile justice agencies, but in support of other recommendations aimed at improving communication and collaboration among them.
The 81st Legislature convenes on January 13, 2009 and commission decisions on the above agency recommendations are due the following day, January 14th. The audio file for this hearing may be accessed on the Sunset Commission’s web site.
For more information on this article, please contact Laura Nicholes at (800) 456-6974 or lauran@county.org.
|
