Summary of Texas Performance Review Recommendations

Texas Performance Review reports have contained many proposals that affect local governments. Below are summaries of the most significant.

Challenging the Status Quo

Streamline the Tax Reporting and Auditing Process for Texas Businesses.

Proposal GG 1 included recommendations to allow the Comptroller's office to more efficiently use its limited audit resources. The proposal allows businesses to audit their own records under the Comptroller's supervision; allows the Comptroller's office to implement a system of percentage-based reporting; allows refunds of taxes paid in error to be calculated using audit sampling techniques approved by the Comptroller; allows businesses holding a sales tax permit to take a credit on their tax returns for taxes paid in error.

Result: The Legislature adopted the proposal.

Create a "Virtual University" for Local Officials in Rural Areas.

Proposal GG 12 included recommendations to allow the state to contract with a community-based organization or non-profit group to operate a virtual university for local elected officials, using distance-learning technology available through public and private institutions of higher education and state and federal agencies; and to pilot test the virtual university in one or more rural areas of Texas to assess the demand for and feasibility of the concept.

Result: No legislation was needed. The Texas Department of Housing and Community Affairs will accelerate posting of documents and training materials and will establish a forum on its Web site for local officials.

Improve Internet Access in Rural Communities.

Proposal GG 13 included a recommendation to allow schools, libraries, and public hospitals in rural areas to lease unused T-1 capacity to improve access of area individuals, business, and local governments to the Internet.

Result: The proposal was not adopted.

Increase Local Control of Spending for Children's Mental Health Services.

Proposal HHS 10 included recommendations to direct the Health and Human Services Commission (HHSC) to expand its pilot Texas Integrated Funding Initiative (TIFI) into a broader system of pooled funding that would offer local communities "Mental Health Service for Youth"; grants; allow HHSC to provide technical assistance to communities receiving these grants and to establish and identify funds for related projects; require six state agencies to each contribute $30,000 each fiscal year to ensure TIFI continues; and direct HHSC to continue to promote new sites and projects that would attract matching funding and local participation. The proposal also would direct HHSC to develop an outcome evaluation system for the blended funding projects by September 1, 2001.

Result: The Legislature adopted the proposal.

Maximize Federal Reimbursements to Counties.

Proposal HHS 16 included recommendations to establish an advisory task force of state agencies and county officials to identify and remedy problems in local governments seeking federal reimbursement.

Result: The Legislature adopted the proposal.

Help Texas Cities Fight Gang Activity.

Proposal PS 4 included recommendations to define assault to include any threatening of minors intended to coerce them to join a criminal street gang; require the Texas Department of Public Safety to track information on convicted gang members and to share this information with the National Crime Information Center; and create a database on all gang members, including those who have not been convicted.

Result: The Legislature adopted a modified version of the proposal.

Disturbing the Peace

Connect Colonia Residences to Water Utilities.

Proposal HHS 11 included recommendations to require $2 million in Community Development Block Grant Funds to be set aside annually as hookup money for homes in colonias during the life of the Economically Distressed Areas Program; require the Texas Water Development Board and Texas Department of Housing and Community Affairs to combine their resources to streamline the application process for the hookup funds and allow applications to be considered earlier in the life span of projects; and require the agencies to share information on applications to eliminate the need for applicants to complete different forms with similar information.

Result: The Legislature adopted the proposal.

Reform State and Local Health Care Purchasing.

Proposal HHS 30 included recommendations to require all agencies with health-related programs to adopt "best value"; purchasing practices, which would be overseen by the Health and Human Services Commission for all health and human service agencies; and allow certain local medical providers to use "best value"; purchasing techniques for all goods and services, and to join in state and local contracts, consortia, cooperatives and other advantageous purchasing arrangements.

Result: The Legislature adopted and modified the proposal by exempting the Office of the Attorney General and Workers' Compensation Commission.

Increase Local Control of Health and Human Services Spending.

Proposal HHS 31 included recommendations to direct the Health and Human Services Commission (HHSC) to develop and implement a system of blended funding to create a Family Investment Grant to local communities to allow them to customize their services and programs; direct HHSC to develop an accountability system based on a statewide vision and local decision-making process that relies on blended funds; and direct all health and human service agencies to define their role as "support and investment partners"; with local communities so that the local system becomes the first line of contact with the ultimate customers.

Result: The proposal was not adopted.

Simplify the State Court Fee System.

Proposal GG 10 included recommendations to put all offenses into one of four categories for the purpose of determining state court fees and change the amount of court fees

Result: The proposal was not adopted.

Simplify County Classifications.

Proposal GG 11 included recommendations to establish a single set of uniform budgetary requirements for all counties, regardless of population, except for those requirements concerning the selection of the budget officer; and specify that the county judge shall be the budget officer in counties with a population of 125,000 or less, leaving the selection of the budget officer to the commissioners court in counties with larger populations.

Result: The proposal was not introduced in the Legislature.

Test Streamlined Local Court Processing.

Proposal GG 12 included recommendations to provide state funds for grants to streamline court processing through a consolidated family law processing system; begin the pilot projects in Harris and Bexar counties during fiscal 1998; and require the Office of the Attorney General and the Department of Protective and Regulatory Services to cooperate and support the pilot projects.

Result: The Legislature adopted the proposal.

Clearly Communicate Local Workforce Performance Expectations.

Proposal WF 1 included recommendations to assign performance measurement and evaluation responsibilities to the Texas Council on Workforce and Economic Competitiveness and the Texas Workforce Commission (TWC); and require TWC to include a singe set of biennial core performance measures and quality measures in its annual planning guidelines to local boards that would explain performance expectations, how and when they will be measured, and the sanctions for failure to meet these standards.

Result: No legislation was needed. A memorandum of understanding was adopted.

Improve Training and Technical Assistance for Local Workforce Boards.

Proposal WF 2 included recommendations to require the Texas Workforce Commission to increase and improve its training and assistance efforts for local workforce board members and staff; and to issue a report on the state's efforts to integrate service delivery, which should identify the issues and problems to be addressed, and a date by which all local services should be integrated into a network of full-service career development centers.

Result: The Legislature adopted the proposal.

Gaining Ground

Increase Local Flexibility in the Delivery of Health and Human Services.

Proposal HHS 4 included recommendations to authorize the commissioner of the Health and Human Services Commission (HHSC) to waive or grant exemptions to regulations of health and human services under HHSC's umbrella allowing greater local flexibility in responding to communities' needs; and direct HHSC to provide technical assistance and information to local communities to enable them to get the maximum value from their local health and human service funds.

Result: The Legislature adopted the proposal.

Collect Sales Tax on Commissary Sales in Prisons and Jails.

Proposal PSC 4 included recommendations to require all state, private and local correctional facilities to collect and remit sales tax on commissary sales of soft drinks, candy and other taxable products sold to inmates.

Result: The Legislature adopted the proposal.

Reduce Administrative Costs of Local Elections.

Proposal GG 24 included recommendations to reduce the cost of local elections by requiring precinct chairs to be elected by plurality.

Result: The proposal was not adopted.

Against the Grain

Require an Annual August Remittance of One Half of August's Sales Tax Collections by Monthly Taxpayers.

Proposal GG 20 included recommendations to require all monthly taxpayers to remit one half of each August's sales tax collections during that month to enhance the revenue stream to the state at a critical time each fiscal year.

Result: The Legislature adopted and modified the proposal to include only electronic filers, and the change is not permanent.

Eliminate or Reduce Discounts for Tax Report Filers.

Proposal GG 22 included recommendations to eliminate filer discounts on sales taxes, alcoholic beverage excise taxes, hotel/motel taxes, and motor fuels taxes.

Result: The proposal was not introduced in the Legislature.

Simplify State Court Fees.

Proposal GG 40 included recommendations to adopt uniform court fees by type of offense; to modify the court fees to Class C misdemeanor of $20, Class A/B misdemeanor of $35 and felony of $50 to be deposited in the General Revenue Fund; and if increases in fees are needed to increase the amount of these three fees rather than adding new fees.

Result: The proposal was not adopted.

Breaking the Mold

Use Current State and Local Spending for Health Care to Increase Federal Medicaid Funding.

Proposal HS 8 included recommendations to require the Medicaid Analysis and Cost Control office (MACC) to identify potential sources of current state and local spending for federal Medicaid match, monitor the status of agency initiatives to claim Medicaid funding, and recommend priority actions to the Legislative Budget Board and Governor to maximize federal funding.

The proposal also recommended requiring the Department of Human Services to work with relevant state agencies and MACC to seek federal funding to help support the activities of agencies working to claim federal Medicaid funding; and to require the Texas Rehabilitation Commission (TRC) and Texas Department of Mental Health and Mental Retardation (TDMHMR) to work with the Office of State-Federal Relations and MACC to seek federal funding to study how more eligible Texans can qualify for federal disability payments.

The proposal also included recommendations to require the Texas Council on Offenders with Mental Impairments to work with the TRC, TDMHMR, the Texas Department of Human Services (TDHS), local governments, and MACC to identify ways to streamline the SSI application process for qualified disabled applicants. Finally, the proposal included recommendations to require MACC to work with the Governor's office, TDHS, the Texas Department of Health, representatives of public hospitals, and other local government officials to document information necessary for Texas to identify local health care spending that could be eligible for federal Medicaid funding.

Result: The Legislature adopted the proposal.

Eliminate State Funding for Metropolitan Transit Authorities.

Proposal TR 15 included recommendations to eliminate state funds to large cities with MTAs so that beginning September 1, 1991, MTAs in urban areas with populations in excess of 200,000 that are supported by a local sales tax would be removed from the state formula for receiving public transportation funds.

Result: The Legislature adopted the proposal.

Special Needs Offenders Should be Transferred from the Texas Department of Criminal Justice.

Proposal PS 2 included recommendations to require the Texas Department of Criminal Justice (TDCJ) to develop a special needs program to identify those inmates who, because of age, handicap or illness, may qualify for transfer to other state programs; to screen offenders not yet in the prison system for special needs before entry and divert them to appropriate facilities; and to expand existing pilot projects contracted with the Texas Council on Offenders with Mental Impairments.

Result: The Legislature adopted the proposal.

Increase the State Share of Revenue from Misdemeanor Offenses.

Proposal PS 15 included recommendations to increase the court costs and fees in misdemeanor offenses, except pedestrian or parking violations, from $17.50 to $20 per conviction.

Result: The Legislature adopted the proposal.

Impose a Fee for Breath Alcohol Testing.

Proposal PS 17 included recommendations to allow the state to seek cost reimbursement for expenses incurred by the Department of Public Safety associated with the conviction of drunk drivers.

Result: The Legislature adopted the proposal.

Additional Auditors For Comptroller's Office.

Proposal GG 4 included recommendations to appropriate additional funds to the Comptroller's office to staff 50 additional field auditors, to be located in the most productive offices; and for the Comptroller's office to review the effects on revenues generated through the efforts of the additional audit staff.

Result: The Legislature adopted the proposal.

Consolidate Beach Clean-up Grants to Local Governments.

Proposal NR5 included recommendations to place the responsibility for all beach clean-up with the General Land Office and explore alternative funding methods.

Result: The Legislature adopted and modified the proposal to use federal sources rather than general revenue.

Require Better Regulation and Oversight of Water Districts and River Authorities.

Proposal NR 17 included recommendations to require the Texas Water Commission to improve its review of various types of applications and monitoring of district activities; and use new sources of revenue to fund these activities.

Result: The Legislature adopted and modified the proposal to place fees in the Water Utilities Fund rather than in the General Revenue Fund.