Sunset Advisory Commission


The Sunset Advisory Commission is an agency of the Texas Legislature that evaluates state agencies and makes recommendations to the legislature on the need for, performance of, and improvements to agencies under review. The commission is headquartered in the Robert E. Johnson State Office Building in Austin.
As of the 85th legislative session in 2017, the commission has abolished 85 state agencies. Of that total, 39 agencies were completely abolished and 46 had their functions transferred to existing or newly created agencies.

History

The commission was created in 1977 by enactment of the Texas Sunset Act.

Composition

The commission has 12 members: 10 legislators and two public members. The leader of each chamber each appoint five legislators and one public member. The chair and vice-chair rotate annually between the two chambers. The commission appoints a director who hires staff to carry out the agency's duties.

Duties

Under the Sunset Act, every state agency has a specific date on which it will automatically be abolished unless the legislature passes a bill to continue the agency. Agencies typically are reviewed every 12 years. During the 2009 legislative session, the session adjourned without the legislature continuing several agencies, thus requiring the governor to call a special session.
Sunset staff conducts an agency's review in the interim before the session when the agency's enabling act comes under legislative scrutiny. The agency prepares a self-evaluation report for the commission. Sunset staff meets with the agency's leadership and staff as well as interest groups, regulated entities, and members of the public who are affected by the agency. Staff also coordinates with other state oversight agencies, such as the State Auditor's Office and the Legislative Budget Board. After the staff publishes its report with recommendations to the commission, the commission holds a public hearing and takes public comments, then holds a second public meeting to make decisions about which recommendations to adopt, including any new proposals from other sources. The commission can recommend any of the following:
The commission also performs limited reviews on agencies not subject to sunset at the discretion of the legislature and can recommend that the agency be abolished. In those cases the legislature must pass a bill to abolish the agency without the incentive of an expiring Sunset date in the agency's enabling act.