Summary of Texas Performance Review Recommendations

The 1999 Legislature adopted two of the four environmental and natural resource-related recommendations contained in the Texas Performance Review's report Challenging the Status Quo. The report recommended the Texas Water Development Board (TWDB) and the Texas Soil and Water Conservation Board undertake water grassland restoration projects in brush-infested watersheds. Legislation was modified and adopted. The Legislature provided $9.2 million for brush control projects for the biennium.

The report also recommended amending state law to expand the scope of the Small Business Assistance Program, and reallocating Texas Natural Resources and Resource Conservation Commission's (TNRCC's) funds to expand its Regulatory Flexibility Program. The Legislature enacted the bill.

In 1998, the Comptroller's office also evaluated environmental and natural resource issues in the Texas-Mexico border region and issued a report entitled Bordering the Future. The study contained the recommendations listed below.

• Amend state law to authorize the TNRCC to develop a policy for the use of international Supplemental Environmental Projects (SEPs). Legislation was adopted that authorized the TNRCC to approve SEPs located partially or wholly in Mexico if the project substantially benefits territory in Texas.

• Amend state law to require the TWDB to hold quarterly summits to report the status of each Economically Distressed Areas Program (EDAP) project pending before the board and the reason for any delays. Legislation was adopted modifying the entire EDAP.

• Urge the Texas Higher Education Coordinating Board to focus research and technology funds on Border environmental issues. Legislation was adopted directing certain higher education research programs to address environmental issues affecting the Texas-Mexico border region.

In 1997, TPR's Disturbing the Peace recommended the state improve the funding and administration of programs that connect more colonia residences to water systems to improve the welfare of colonia residents and increase revenue for local utilities. The Legislature did not enact the recommendations.

In 1995, TPR's Gaining Ground contained no recommendations concerning the environment or natural resources.

In 1993, Against the Grain contained seven environmental and natural resource recommendations, of which the Legislature adopted two. Against the Grain recommended the Texas Parks and Wildlife Department continue to work to achieve fiscal self-sufficiency by instituting policies that would reduce its reliance on general revenue. The recommended changes included:

• increasing the concession sales revenue through activities such as adding food operations, convention facilities, and golfing and camping supplies;

• licensing and marketing its proprietary items, such as it's seal mailing list;

• gaining increased budget flexibility, by providing park managers entrepreneurial incentives; and

• establishing endowment funds based on local community partnerships and donations.

The Legislature adopted the proposal with modifications to add sales and leases to fees as possible cost recovery methods.

Against the Grain also recommended the state fund the Texas Low-Level Radioactive Waste Disposal Authority through fees instead of general revenue. The Legislature adopted the recommendation intact.

The environment and natural resources were an area of primary focus in TPR's 1991 Breaking the Mold. The most significant change resulting from that report was the creation of the Texas Natural Resource Conservation Commission (TNRCC) on September 1, 1993. The agency consolidated the former Texas Air Control Board and the Texas Water Commission.

Below are 10 of the 17 recommendations from Breaking the Mold the Legislature fully or partially adopted.

• NR 2--Create a Department of the Environment - A bill was introduced but modified. The legislation created the TNRCC, which incorporates fewer functions than the original recommendation.

• NR 3--Laboratories should be consolidated to support monitoring and enforcement programs. - A bill was introduced but modified. The legislation called for studies on laboratory consolidation.

• NR 4--Consolidate the Texas Water Well Drillers Board with other groundwater regulatory functions statewide. - A bill was introduced, and legislation included the Well Drillers Board in the TNRCC.

• NR 5--Consolidate beach clean-up grants to local governments. - A bill was introduced but modified. The legislation called for funds from federal sources rather than general revenue.

• NR 9--Department of Agriculture should increase fees to recover costs of regulatory activities. - A bill was introduced and passed intact.

• NR 13--Increase the fee authority of the Texas Air Control Board to finance mandated federal regulations and deposit fees to the General Revenue Fund. - Two bills were introduced and modified. The legislation called for the Air Control Board to oversee clean air provisions until 9/1/93 and increased fee revenue.

• NR 14--The General Land Office should expand the program to sell natural gas to governmental entities. - Two bills were introduced and modified. The legislation allowed the General Land Office to approve state agency contracts for natural gas.

• NR 15--Accelerate recovery of past costs for low-level radioactive waste disposal activities. - A bill was introduced and modified. The legislation removed a 5-percent surcharge and established planning and implementation fees.

• NR 16--Transfer all interest and investment income earned on the Pecos River Compact Account to the General Revenue Fund. - A bill was introduced and modified. The legislation allowed the state to gain half of the interest.

• NR 17--The state should require better oversight of water districts and river authorities. - A bill was introduced and modified. The legislation called for fees to be deposited in the Water Utilities Fund instead of the General Revenue Fund.