The Texas Department of Licensing and Regulation (TLDR) recently entered the first stage of its scheduled Sunset Review. TLDR, established by Chapter 51 of the Texas Occupations Code, is the oversight agency for a broad swath of licenses granted in the state of Texas—from Air Conditioner and Refrigeration Contractors, to Licensed Breeders, to Weather Modification, and a whole host of professions between.
In each of these professions, TLDR establishes advisory boards composed of representatives from the regulated industries, public members, and members of other professions, in order to pursue the Department’s statutory goal of protecting the health and safety of Texas citizens by making certain that the professionals who serve them are qualified to engage in the work they perform. Another function of the Department, stated in its official “Philosophy,” is to “achieve smaller, smarter government” by:
- aiming for efficiency, fairness, and transparency;
- seeking the input of industry customers and coworkers;
- challenging industry statuses quo, so as to foster innovation;
- favoring high-performing employees;
- and improving services for customers by transforming programs as necessary.
The 1977 Texas Sunset Act created the Sunset Advisory Commission, with the stated goal—which runs parallel to TLDR’s purpose—of streamlining the number and reach of state administrative agencies. The Commission’s function is to occasionally review each agency and licensing board under state purview. In so doing, it asks whether the agency is necessary, and attempts to gauge its effectiveness at achieving the purpose for which its programs have been created. When it is determined that a given agency does continue to have currency, the Commission makes recommendations for improvements of efficiency and efficacy, or for resolution of any discovered problems.
When it is determined that an agency is no longer relevant or can no longer fulfill its proper function, the Commission will recommend that it be dissolved altogether or that its functions be transferred to another agency whose purpose is substantially related in kind.
The first stage of review, in which TLDR presently finds itself, sees the Sunset Advisory Commission evaluating the TLDR using research and analysis to evaluate the need for the agency and its performance. The Commission is accepting and considering confidential public input during this time, which will factor into its eventual determination.
Professional License Defense Attorneys
BERTOLINO LLP handles matters related to licensure, grievance complaints, ethics, and other important professional licensing issues. If you have received a licensing complaint, BERTOLINO LLP can help. To best serve our clients we have offices in Austin, Houston, and San Antonio.
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