The sunset process involves a review of a state agency by the Texas Sunset Commission, which yields a bill with recommendations and changes to improve the effectiveness and operations of the agency.
For the most part, state agencies undergo the sunset process every 12 years. TxDOT, by contrast, has most recently undergone this process in the 2009 and 2011.
Rep. Larry Gonzales, R-Round Rock, has served as chairman of the commission from 2013-17 and ushered Senate Bill 312, the TxDOT sunset legislation, through the House this session. The commission released its recommendations for TxDOT in January and the bill follows many of them.
These are the main improvements included in the bill:
- TxDOT will evaluate and prioritize projects for its Statewide Transportation Plan based first on strategic need and potential contribution toward meeting required plan goals, and then on the availability of funding and project readiness.
- TxDOT will comprehensively analyze the effect of funding categories under the Unified Transportation Plan and publish the analysis online throughout the UTP process.
- Law enforcement would begin submitting all accident reports to TxDOT electronically.
- Public hearings would be required if any project substantially changes the layout or function of an existing connecting roadway or facility.
- The transportation agency would develop performance standards for current work programs at the district level and evaluate the projects regularly using these standards.
- The next review of the agency would occur in 12 years, or in the legislative session just prior to the 12-year date.
Some lawmakers took the omnibus TxDOT bill as an opportunity to advance stalled transportation policy.
Rep. Joe Pickett, D-El Paso, proposed an amendment that would require projects receiving funds from TxDOT to build toll roads to pay back that money. Repaid funds would remain in the same region of Texas in which the tollway collected revenue.
"If you're for toll roads, you can do another one," Pickett said. "That money would stay in that region."
The amendment—similar to SB 812 by Sen. Lois Kolkhorst, R-Brenham, which has not yet had a hearing in the House—passed 73-65 despite the urging of Gonzales to vote against it.
Another amendment by Rep. Matt Rinaldi, R-Irving, would mandate that TxDOT only uses contractors who use E-Verify, a system that confirms the citizenship of employees.
A similar amendment was tacked onto the sunset bill for the Texas Railroad Commission. Democrats, by and large, voted against this amendment back in March, while acknowledging employers who hired undocumented immigrants needed to be held accountable.
As in March, the E-Verify amendment passed and was tacked onto the sunset bill, this time in an 83-59 vote with Democrats casting the majority of the no votes.
