The Sunset Provision
by Jennifer Wilson

Vernon’s Texas Codes Annotated, Section 52.014, states, “The Court Reporters Certification Board is subject to Chapter 325 (Texas Sunset Act). Unless continued as provided by that chapter, the Board will be abolished September 1, 2003.” The other day, I came across this rule and thought, Oh, my goodness, what does this mean? What is this all about? I thought about what might happen if the CRCB were extinct; if there were no real certification for court reporters; if any lay person could purchase a steno machine and purport themselves to be a court reporter. My next thought was, What in the world is the Texas Sunset Act? So I spent the next couple of hours surfing the Internet, trying to gather a little more information.

The act can be found in Section 325.001 of the Texas Government Code. Passed in 1977, the Texas Sunset Act calls for a commission to review most state agencies every twelve years to decide if their existence should be continued or abolished. The Sunset process works by setting an exact date to abolish an agency unless legislation is passed to continue the agency’s functions. According to Vernon’s Texas Codes, the CRCB is set for possible abolishment September 1, 2003. As of just 1999, 43 agencies had been abolished.

The Sunset process is overseen by the Sunset Advisory Commission, a 10-member body appointed by the Lieutenant Governor and the Speaker of the House of Representatives. Aiding the Commission is a staff, which works in tandem with each agency under review to ascertain the necessity of the agency, to propose needed changes, and to develop laws supporting the implementation of any suggested alterations.

The staff review of any agency generally takes three to eight months, depending on the agency’s size. The Sunset staff collects information from a variety of sources. During the review, each agency tenders a Self-Evaluation Report, or SER, to the Sunset Commission. The SER emphasizes problems, opportunities, and topics that the agency feels the Sunset Commission should consider. Sunset staff seeks feedback from interest groups, professional organizations, and the public. Upon completion of the evaluation phase of the review process, Sunset staff publishes a report containing statutory and managerial recommendations.

After publication of the staff report, the Sunset Commission then holds a public hearing on each agency under review. The hearing affords the Sunset staff the opportunity to discuss its recommendations; for the agency to formally respond to those recommendations; and for the public to comment on the report and agency operations and policies. All information presented to the Commission at the hearing, whether oral or written, is subsequently reviewed.

The Commission meets to peruse all information received and to decide whether to abolish the agency or to continue it with changes. If continuation of the agency is recommended by the Commission, the Commission must provide draft legislation to the State Legislature to continue the agency for up to 12 years, and to correct other issues identified during the Sunset review. If abolishment is recommended by the Commission, the Sunset Act provides for a one-year phase-out period to allow the agency to complete its operations, retaining full control and responsibility until the end of that year, when all property and records are transferred to a designated State agency.

Which brings me back to my original thought: If the CRCB is abolished, my hard-won career could be threatened. The fact is, we’ve all worked very hard to attain CSR status, and I think it would be a shame if we were to become nothing more than glorified secretaries.

More detailed information on the Sunset provision can be found in the Sunset Advisory Commission’s Guide to the Texas Sunset Process. This guide can be downloaded at http://www.sunset.state.tx.us/sunset/guide.pdf. I encourage everyone in our profession to seek out as much information on this topic as they are able. Knowledge is power, and I believe it is the key to our continued existence as Certified Shorthand Reporters.

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