89th Legislature

HB 12

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest
HB 12 amends the Texas Government Code to strengthen transparency, accountability, and stakeholder engagement in the operations of state regulatory agencies undergoing Sunset review. The bill focuses on ensuring public input and enhancing performance evaluations of these agencies as part of the state’s existing Sunset process.

The bill first defines "regulatory agency" as any constitutionally or statutorily created executive branch entity with statewide authority that can grant, deny, suspend, or revoke licenses or certifications. It then amends Government Code §325.009 to require the Sunset Advisory Commission to provide mechanisms for public participation and to actively solicit stakeholder feedback during the review process. Agencies undergoing review must post a notice on their websites informing the public of the ongoing Sunset evaluation and how to provide input. If the agency is regulatory in nature, it must also notify all licensees or regulated entities of the upcoming public hearing and encourage them to submit feedback.

In addition, HB 12 amends §325.010 to require the Sunset Advisory Commission’s report to include a performance analysis for regulatory agencies, focusing on the previous 10 years (or since the last review) and evaluating outcomes based on the performance measure targets listed in the General Appropriations Act. These provisions are designed to provide a data-driven and participatory foundation for determining the ongoing effectiveness and necessity of regulatory bodies in the Texas government.

Overall, HB 12 enhances the Sunset review process by ensuring greater transparency, encouraging stakeholder engagement, and emphasizing performance accountability, especially for agencies that wield licensing or regulatory power.

The Committee Substitute for HB 12 significantly scales back the original version of the bill, shifting its focus from broad, structural oversight reforms to more targeted transparency and performance enhancements in the Sunset review process. One of the most notable changes is the removal of provisions that would have required all state agencies subject to the Sunset process to undergo formal "efficiency audits." These audits, originally outlined in a newly proposed Chapter 327 of the Government Code, were designed to evaluate the economy, efficiency, and effectiveness of agency operations and included a mandate for agencies to implement or justify non-implementation of audit recommendations. This framework is entirely absent from the committee substitute.

Another key element removed in the revised bill is a requirement for regulatory agencies to undergo a limited review of their rulemaking practices six years after continuation under the Sunset Act. This provision in the original bill called for an internal report from the agency and a public report by the Sunset Advisory Commission assessing public engagement in the agency's rulemaking, conflict of interest policies, and overall regulatory necessity and effectiveness. The removal of this provision indicates a retreat from mid-cycle regulatory scrutiny in favor of maintaining the existing Sunset schedule.

Instead, HB 12 narrows its focus to increasing transparency and public involvement during the formal Sunset review. It emphasizes the obligation of regulatory agencies to notify affected license holders of Sunset hearings and encourages public input. Additionally, it strengthens the Sunset Advisory Commission's reporting duties by requiring an analysis of agency performance relative to targets set in the General Appropriations Act. These revisions suggest a more modest and feasible reform approach, prioritizing public access and data-informed evaluations over the broader and more resource-intensive oversight mechanisms proposed in the original version.
Author
Keith Bell
Giovanni Capriglione
Todd Hunter
David Spiller
Terry Canales
Co-Author
Greg Bonnen
Ben Bumgarner
David Cook
Jay Dean
Mark Dorazio
Stan Gerdes
Ryan Guillen
Cody Harris
Richard Hayes
Cole Hefner
Hillary Hickland
Carrie Isaac
Jolanda Jones
Helen Kerwin
Marc LaHood
Stan Lambert
Mitch Little
Janie Lopez
A.J. Louderback
J. M. Lozano
John Lujan
Don McLaughlin
William Metcalf
Brent Money
Penny Morales Shaw
Matt Morgan
Candy Noble
Tom Oliverson
Jared Patterson
Dennis Paul
Katrina Pierson
Mihaela Plesa
Joanne Shofner
Valoree Swanson
Carl Tepper
Ellen Troxclair
Cody Vasut
Denise Villalobos
Wesley Virdell
Trey Wharton
Sponsor
Tan Parker
Co-Sponsor
Brandon Creighton
Kelly Hancock
Lois Kolkhorst
Fiscal Notes

According to the Legislative Budget Board (LBB), HB 12 is estimated to have a negative impact of approximately $2.81 million on General Revenue-related funds over the 2026–2027 biennium. This cost stems from the increased responsibilities imposed on the Sunset Advisory Commission to implement the bill’s requirements for expanded public participation, agency performance evaluations, and reviews of regulatory agency rulemaking.

To meet these obligations, the Sunset Advisory Commission would need to hire eight additional full-time employees—seven attorneys and one data analyst. The attorneys would focus on analyzing the necessity and effectiveness of regulatory rules, while the data analyst would support the review and evaluation of agency performance metrics. The estimated cost of these positions is $1.43 million in the fiscal year 2026 and about $1.39 million per year in subsequent fiscal years.

Although the original version of the bill required additional efficiency audits by the State Auditor’s Office, the fiscal note assumes that any related administrative costs to the State Auditor or audited agencies could be absorbed with existing resources. Importantly, the bill does not appropriate funds directly but establishes the legal framework that could support future appropriations.

Finally, the fiscal note confirms that there would be no significant financial impact on local governments, as the bill’s mandates are confined to state-level agencies and operations.

Vote Recommendation Notes

HB 12 represents a thoughtful recalibration of how Texas oversees its regulatory agencies and measures government performance. The bill bolsters the state’s Sunset review process by mandating increased transparency, public engagement, and performance evaluation—principles deeply aligned with accountable and limited government. It ensures that agencies notify the public and regulated entities during the review process, solicit feedback, and undergo thorough analysis of their performance targets as listed in the General Appropriations Act. This responsiveness to the public fosters a more participatory and transparent state government.

Though the original version of the bill included broader provisions—such as mandatory efficiency audits of all state agencies and rulemaking reviews for regulatory entities—the Committee Substitute narrows this scope. Importantly, the bill retains essential transparency and performance reporting reforms while avoiding the heavier financial and administrative burdens that full-scale audits would have imposed. This shift ensures the reform is achievable and cost-conscious, even as it advances good governance.

The fiscal impact of the bill is modest in the context of state operations—projected at approximately $2.8 million over the 2026–2027 biennium—primarily due to the addition of eight staff members at the Sunset Advisory Commission. These personnel are critical for carrying out the bill’s analytic and outreach mandates, particularly in assessing agency rules and performance. This investment is justified when weighed against the potential long-term benefits of more effective, efficient, and transparent state agency operations.

In sum, HB 12 promotes a culture of continuous oversight, clear accountability, and improved public trust in state regulatory processes. It supports the principles of limited government, free enterprise, and individual liberty by ensuring that agencies operate transparently, measure success rigorously, and remain responsive to the people they serve. Therefore, Texas Policy Research recommends that lawmakers vote YES on HB 12.

  • Individual Liberty: The bill enhances individual liberty by requiring state regulatory agencies to notify the public and regulated individuals about Sunset review processes and invite their input. This creates more opportunities for Texans to engage with government oversight and have a say in how regulatory power is wielded. By giving individuals a platform to voice concerns or support, the bill supports transparency and citizen involvement, fundamental to a free society.
  • Personal Responsibility: While the bill increases public access to the review process, it does not explicitly assign new duties or expectations to individuals. However, by facilitating participation and awareness, it encourages citizens to take more responsibility in monitoring government actions. Still, since the behavior is optional rather than mandated, the impact on this principle remains neutral.
  • Free Enterprise: The bill supports free enterprise by increasing scrutiny of regulatory agencies that often influence market conditions through licensing, rulemaking, and enforcement. By focusing Sunset reviews on the necessity and effectiveness of these regulations, the bill may lead to the repeal of outdated or unnecessary rules, reducing burdens on businesses and entrepreneurs. Evaluating performance measures also pushes agencies to operate in ways that do not hinder economic freedom unnecessarily.
  • Private Property Rights: While the bill does not directly address private property, its emphasis on regulatory accountability may reduce regulatory overreach, which can indirectly benefit property owners. For example, more efficient and targeted regulations could limit unnecessary intrusions or restrictions on the use of property.
  • Limited Government: The core of the bill is aimed at making government more efficient, accountable, and responsive. By strengthening performance evaluations, encouraging rulemaking transparency, and reinforcing legislative oversight through the Sunset Advisory Commission, the bill reinforces the idea that government should be limited, effective, and checked regularly. It avoids expanding government authority and instead fine-tunes existing oversight mechanisms.
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