INTERIM STUDY CHARGES TEXAS HOUSE OF REPRESENTATIVES …

 INTERIM STUDY CHARGES

TEXAS HOUSE OF REPRESENTATIVES

            80th Legislature




               Issued by

              Tom Craddick
 Speaker of the House of Representatives


           November 28, 2007
              Austin, TX
HOUSE COMMITTEE ON APPROPRIATIONS............................................................ 3
HOUSE COMMITTEE ON BUSINESS AND INDUSTRY............................................. 6
HOUSE COMMITTEE ON CULTURE, RECREATION, AND TOURISM ................... 7
HOUSE COMMITTEE ON ECONOMIC DEVELOPMENT........................................... 8
HOUSE COMMITTEE ON FINANCIAL INSTITUTIONS............................................. 9
HOUSE COMMITTEE ON GOVERNMENT REFORM ............................................... 10
HOUSE COMMITTEE ON INSURANCE...................................................................... 11
HOUSE COMMITTEE ON PENSIONS AND INVESTMENTS ................................... 13
HOUSE COMMITTEE ON URBAN AFFAIRS ............................................................. 14
HOUSE COMMITTEE ON WAYS AND MEANS ........................................................ 16




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                              HOUSE COMMITTEE
                                     ON
                               APPROPRIATIONS

1. As an oversight of all state agencies, assess all performance measures, operating
   budgets, budget transfers, and changes in full- time equivalents, major contracts,
   litigation, and debt financing, including assessing all rider provisions and
   evaluating budget structure effectiveness.

2. Examine alternative spending limit methodologies found among the various states
   as they impact state and local spending and recommend potential changes to the
   Texas bud get process to bring long-term, innovative strategies to control costs of
   major governmental programs.

3. Evaluate the process by which costs of statutory changes are determined and
   formalize a process by which contingency appropriations are provided and
   enhance the communication between standing committees and the appropriations
   committee.

4. Study state employee compensation and benefit packages and recommend
   alternatives designed to attract and retain superior management personnel and
   other areas of potential professional shortages. Review executive director
   salaries, classification schedules, merit and bonus pay, pay ranges, and agency
   flexibility.

5. With regard to the state's health-related institutions, research deficiencies with
   disproportionate share and upper payment limit methodologies; research
   collaboration with general academic institutions and between health-related
   institutions; review funding streams for University of Texas Medical Branch
   (UTMB), focusing on the issue of the need for reimbursement by counties using
   UTMB for higher levels of indigent care; and study the methodology used to fund
   the state's two mission specific institutions.

6. Comprehensively review Medicaid provider reimbursement rate methodologies,
   including the impact of factors such as infrastructure concerns, federal minimum
   wage changes, and cost reports. The review should also address health care
   concerns such as access to care, quality of care, and value. Any recommendations
   should take into account current rate increases impacting the next fiscal year.

7. Research strategies to ensure that the state will meet more stringent federal work
   requirements to avoid the loss of critical federal funds. Include a comparison of
   exemptions from work requirements provided by Texas as opposed to other states.




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8. Examine settlement of federal and state lawsuits against Harris County Hospital
   District for false claims in the state Medicaid program. Recommend any
   measures needed to ensure compliance of similar entities with rules and
   regulations of taxpayer-funded programs.

9. Assess the potential for clinical and economic benefits of the use of state funds for
   current and increased adult stem cell research. Report on the collection and
   availability of cord blood stem cells for treatments and research in Texas. Review
   the current state of basic and clinical research using available types of adult stem
   cells.

10. Review the Existing Debt Allotment and the Instructional Facilities Allotment to
    determine whether there is an ongoing need for two distinct programs.

11. Study the funding needs for Adult Basic Education and the Texas Education
    Agency's effectiveness in running this program.

12. Explore the spreading or "smoothing" of state payments to school districts
    throughout the year to better manage the state's cash flow.

13. Monitor and examine the implementation of funding appropriated during the 80th
    Legislature to the Texas Youth Commission, Juvenile Probation Commission,
    Texas Department of Criminal Justice (TDCJ), and Correctional Managed Health
    Care Committee.

14. Examine regulatory agencies and programs to consider aspects such as call center
    consolidation, strategies to allow access to greater revenue generated, and
    communication of best practice alternatives across agency lines.

15. Analyze the current financial condition of the Texas Department of
    Transportation including but not limited to cash in bank, encumbered funds, use
    of bond capacity and projected needs for various funds allocated to the Texas
    Department of Transportation and their appropriation for major projects over the
    last five years. This analysis should include a review of revenues diverted from
    the State Highway Fund for non-transportation applications. Examine alternative
    sources of revenue to sustain future transportation needs.

16. Study the state's current and long-range need for physicians, dentists, nurses,
    allied health and long-term care professionals. Make recommendations regarding
    strategies related to both geographic distribution and barriers to recruitment of
    high- need professions, especially for primary care providers and long-term care
    professionals. (Joint Interim Charge with the House Committees on Border and
    International Affairs and Public Health)

17. Examine activities at the Texas Medical Board as they relate to the protection of
    public health and the practice of medicine, and the status of implementation



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   requirements established by HB 1973, 80th Legislature, Regular Session. The
   committees should consider any findings by the Texas Sunset Commission. (Joint
   Interim Charge with the House Committee on Public Health)

18. Assess the relationship between mental illness and criminal behavior and offer
    reforms needed to address the proliferation of mental illness in the adult and
    juvenile criminal justice systems. This review should include an examination of
    data sharing between criminal justice and health and human services agencies,
    proper screening, assessments, treatment, discharge planning, post-release
    supervision, and community services. (Joint Interim Charge with the House
    Committee on Corrections)

19. Review and research the availability, coordination, efficiency, and allocation of
    substance abuse treatment resources for probationers, pretrial defendants, people
    in the custody of the TDCJ, and parolees. This review should include methods to
    reduce and improve current assessments, training, and referring protocols and the
    identification of any barriers that may be impeding all of the above. (Joint
    Interim Charge with the House Committee on Corrections)




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                           HOUSE COMMITTEE
                                   ON
                         BUSINESS AND INDUSTRY

1. Study the problem of identity theft and the impact of identity theft legislation
   enacted in recent legislative sessions. Examine the problem of electronic data
   breaches, as well as the feasibility of requiring periodic destruction of records for
   businesses and state entities to limit exposure to identity theft. Examine the issue
   of personal information contained in publicly available government records.
   Recommend any legislative changes needed to combat the problem.

2. Study Articles 2 and 2A of the Uniform Commercial Code (UCC) and consider
   amending Chapters 2 and 2A of the Business and Commerce Code to conform
   with recent amendments to the UCC.

3. Study the original purposes, development, and current need for the Subsequent
   Injury Fund and determine whether this fund should be continued or altered.

4. Study the problem of digital piracy and make recommendations for legislative
   changes to address the problem facing movie producers and distributors, retailers,
   book publishers, the music industry, universities, and other copyright holders of
   creative content. This review should include an examination of the impact on
   state and local government sales tax revenues.

5. Monitor the Texas workers' compensation system, and the continued
   implementation of the reforms of HB 7, 79th Legislature, Regular Session, by the
   Texas Department of Insurance and other state agencies. Specifically evaluate the
   recent decision by the Texas Supreme Court in Entergy v. Summers in terms of its
   impact on the system. (Joint Interim Charge with the House Committee on
   Insurance)

6. Monitor the agencies and programs under the committee's jurisdiction.




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                        HOUSE COMMITTEE
                               ON
                CULTURE, RECREATION, AND TOURISM

1. Review the rules, regulations, operations, programs, management, and statutes
   that govern the Texas Parks and Wildlife Department, the Texas Commission on
   the Arts, and the Texas State Library and Archives Commission.

2. Review the transfer of historical sites to the Texas Historical Commission from
   the Texas Parks and Wildlife Department.

3. Examine the process and procedures for directional signs as they relate to tourism.

4. Review the process and procedures related to use of open space land owned by
   the state as they relate to hunting, fishing, and outdoor recreation.

5. Research and explore new ways to promote and improve economic development
   related tourism in the state.

6. Monitor the agencies and programs under the committee's jurisdiction.




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                      HOUSE COMMITTEE
                             ON
                   ECONOMIC DEVELOPMENT

1. Study the performance of the Texas Enterprise Fund, the Texas Emerging
   Technology Fund, the Texas Economic Development Act, the Texas
   Enterprise Zone Program, and other economic development tools in
   promoting economic development in Texas, and recommend any needed
   statutory changes.

2. Review the overall history, goals, and implementation of the various funds
   established by Article 5190.14, Vernon's Texas Civil Statutes. Identify and
   recommend any changes necessary to clarify or improve the statute.

3. Study the use of the Texas Economic Development Act since its enactment as
   HB 1200, 77th Legislature, Regular Session. Determine how the act may be
   enhanced to better attract significant capital investments by science and
   technology industries developing alternative energy sources. (Joint Interim
   Charge with the House Committee on Energy Resources)

4. Monitor the agencies and programs under the committee's jurisdiction.




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                           HOUSE COMMITTEE
                                  ON
                        FINANCIAL INSTITUTIONS

1. Monitor federal rules and regulations on lending and determine the state's role in
   regulating issues that relate to the mortgage foreclosure process, disclosures for
   loan terms, home equity, mortgage brokers, mortgage bankers, consumer
   protections, and counseling for mortgage products.

2. Monitor the implementation of HB 716, 80th Legislature, Regular Session, to
   determine if there is a need to further legislate the protection of homebuyers in
   mortgage fraud schemes, emphasizing the impact in the foreclosure process.

3. Study the adequacy and effectiveness of existing regulation of prepaid funeral
   benefits that are funded by insurance or annuity products and make
   recommendations for statutory changes necessary to further strengthen the
   regulatory system for protecting consumers.

4. Study practices involved in the sale and financing of a motor vehicle, including
   conditional delivery, negative equity, and retirement of existing debt on vehicle
   trade- in.

5. Study whether the state financial regulatory agencies should assist consumers in
   the investigation and correction of credit card billing errors.

6. Assess the extent of consumer protections in state regulations of short-selling of
   commodities, with a particular emphasis on the state's enforcement authority and
   ways to ensure reliability in the short-selling market.

7. Examine the practice of marketing variable annuitie s and determine whether
   certain sales practices constitute fraud.

8. Monitor the agencies and programs under the committee's jurisdiction.




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                            HOUSE COMMITTEE
                                   ON
                           GOVERNMENT REFORM

1. Research, investigate, and make recommendations on how electronic documents
   can be created, maintained, exchanged, and preserved by the state in a manner
   that encourages appropriate government control, access, choice, interoperability,
   and vendor neutrality. The committee shall consider, but not be limited to, public
   access to information, expected storage life of electronic documents, costs of
   implementation, and savings.

2. Research, investigate, and make recommendations regarding litigation brought by
   school districts receiving state funds under Chapter 46, Education Code, for
   defective construction of instructional facilities and the state's interest in ensuring
   the use of such funds for the repair or reconstruction of defective facilities or the
   return of state funds.

3. Review authorized offices of inspector generals and assess the benefit of having a
   statewide office of inspector general for all executive branch agencies.

4. Study and review current laws regarding licensing and regulation of professionals,
   as well as current laws regarding practice acts, and make recommendations on
   creating limitations and streamlining of licensure requirements, such as the public
   policy implications of decriminalization of license-related violations.

5. Review a wide variety of state agencies with an eye to streamlining state
   government. Recommend the amendment or repeal of unnecessary statutory
   requirements, the deregulation of certain industries if in the public interest, and
   ways to implement agency efficiency recommendations identified by the
   Legislative Budget Board, the State Auditor's Office, and the Sunset Advisory
   Commission.

6. Evaluate and make recommendations, if necessary, regarding state contracts with
   pharmacy benefit managers. Assess the feasibility of combining prescription drug
   programs of state health insurance programs. All recommendations should take
   into consideration any budgetary impacts. (Joint Interim Charge with the House
   Committee on Pensions and Investments)

7. Monitor the agencies and programs under the committee's jurisdiction.




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                            HOUSE COMMITTEE
                                   ON
                               INSURANCE

1. Examine states that have made the transition from heavily regulated health
   insurance markets to less regulated markets in order to assess the impact on
   market competitiveness, prices, consumer satisfaction, and regulatory costs in
   those states. Specifically, identify current barriers and possible enhancements to
   flexibility in purchasing health insurance, including the purchase of health
   insurance plans offered in other states. Review and evaluate state law and agency
   rules related to the use of health savings accounts and health reimbursement
   arrangements, particularly by small businesses. Review possible tax incentives
   for purchasing private insurance.

2. Study the practice of balanced billing by medical providers and determine which
   portions of the cost out-of- network care patients, insurers and providers should
   ultimately be responsible for paying.

3. Research state and federal law to determine whether Texas may enact legislation
   that mandates proof of financial responsibility for vehicles entering the United
   States through Texas, as Texas citizens are required to provide when they enter
   Mexico. Study the possible benefits and costs of such legislation.

4. Study and make recommendations on increasing the portability of health
   insurance in an increasingly fluid Texas labor market.

5. Make recommendations on potential alternatives to the Texas Health Insurance
   Risk Pool for providing private health insurance to otherwise uninsurable
   individuals.

6. Study and make recommendations regarding the feasibility of establishing a
   "health insurance exchange " in Texas.

7. Study the need for a state catastrophe fund to protect the Texas economy against
   major disasters. Examine the structure and performance of such funds in other
   states and assess the potential of such a fund to reduce the reinsurance costs and
   premiums borne by Texas homeowners.

8. Research and evaluate the potential costs and benefits to the State of Texas of
   providing coverage for bariatric surgical procedures for state employees who have
   a specified minimum years of service with the state.

9. Monitor the continued implementation of the Texas Financial Responsibility
   Verification Program authorized by SB 1670, 79th Legislature, Regular Session,
   and determine whether any further statutory enhancements are needed to reduce



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   the number of uninsured motorists in Texas. (Joint Interim Charge with the House
   Committee on Transportation)

10. Monitor the Texas workers' compensation system and the continued
    implementation of the reforms of HB 7, 79th Legislature, Regular Session, by the
    Texas Department of Insurance and other state agencies. Specifically, evaluate
    the recent decision by the Texas Supreme Court in Entergy v. Summers in terms
    of its impact on the system. (Joint Interim Charge with the House Committee on
    Business and Industry)

11. Monitor the agencies and programs under the committee's jurisdiction.




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                          HOUSE COMMITTEE
                                 ON
                      PENSIONS AND INVESTMENTS

1. Evaluate the possibility of requiring the state and employee contribution rate to
   meet the annually required contribution for the statewide retirement funds each
   biennium in order to prevent unfunded liabilities.

2. Explore options for funding other post-employment benefits, and examine
   strategies employed by other governmental entities in addressing these
   obligations.

3. Study the impact of actuaries on public pension plans, and evaluate the need for
   legislation to ensure appropriate actuarial assumptions, actuarial audits or
   regulation of actuaries contracting with state pension plans.

4. Analyze the impact of allowing a retiree to return to work in the Texas Municipal
   Retirement System.

5. Assess the representational proportion of each of the stakeholder groups,
   eligibility requirements, qualifications, and selection and election procedures of
   the boards of trustees of the retirement systems.

6. Examine eligibility criteria for membership and possible inclusion of additional
   employees in the Law Enforcement and Custodial Officers Supplemental
   Retirement Fund (LECOSRF). Evaluate the effect of diversion of funds from the
   auto registration fee on the unfunded liability of the LECOSRF, and explore the
   possibility of creating a similar supplemental retirement program as part of the
   Teacher Retirement System of Texas for those members performing law
   enforcement duties.

7. Evaluate and make recommendations, if necessary, regarding state contracts with
   pharmacy benefit managers. Assess the feasibility of combining prescription drug
   programs of state health insurance programs. All recommendations should take
   into consideration any budgetary impacts. (Joint Interim Charge with the House
   Committee on Government Reform)

8. Examine the operation of the Houston Municipal Employees Pension System, its
   Board of Trustees and staff. (Joint Interim Charge with the House Committee on
   Urban Affairs)

9. Monitor the agencies and programs under the committee's jurisdiction.




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                             HOUSE COMMITTEE
                                    ON
                              URBAN AFFAIRS

1. Assess the current senior housing market and available options for affordable
   senior housing.

2. Research and update legislation that permits residential neighborhoods whose
   deed restrictions have lapsed to reinstate those deed restrictions or create needed
   deed restrictions through a petition committee by expanding them to more areas.

3. Study and evaluate the levels, methods and alternatives by which the state funds
   all affordable housing programs, focusing on administrative cost-effectiveness to
   determine greater returns on investment, savings and efficiency. Examine the
   current procedures and applications of the annual, integrated Low Income
   Housing Plan prepared by the Texas Department of Housing and Community
   Affairs, and prepare recommendations for the development of a comprehensive,
   long-range, statewide plan or model to address growing needs throughout the
   state.

4. Monitor current methodology involving departmental rules, procedures and
   policies governing state and federal compliance in the evaluation and ranking of
   all multifamily affordable housing applications for the allocation of funds during
   the annual awards cycles.

5. Examine the development and implementation of a physical standards (asset
   oversight) rating system for multifamily residential rental facilities, to be used by
   all local and state issuers of tax-exempt bonds and tax credits, to determine
   eligibility for future financing and for compliance enforcement purposes.

6. Examine the policies and procedures by which local tax appraisers value rent-
   restricted affordable housing properties, and authorize legislatively established tax
   exemptions. Evaluate application and interpretation of existing statutes by local
   appraisal districts to affordable housing properties throughout the life cycle of
   developments. Make recommendations for statutory changes. (Joint Interim
   Charge with the House Committee on Local Government Ways and Means)

7. Examine the operation of the Houston Municipal Employees Pension System, its
   Board of Trustees and staff. (Joint Interim Charge with the House Committee on
   Pensions and Investments)

8. Monitor the report issued by the Independent Investigator for the Houston Police
   Department Crime Laboratory and Property Room, the independent panel review
   of certain criminal convictions prompted by the conclusions of this report, and the
   implementation by the City of Houston of any reforms recommended in this



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   report. Also monitor other urban crime laboratories and their compliance with
   state laws regulating their functions. (Joint Interim Charge with the House
   Committee on Law Enforcement )

9. Monitor the agencies and programs under the committee's jurisdiction.




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                             HOUSE COMMITTEE
                                    ON
                              WAYS AND MEANS

1. Monitor the receipts of the franchise tax.

2. Examine fiscal implications of the list of items eligible for the sales tax holiday.

3. Study the policy and benefits of current sales tax treatment for information
   technology services, including research and development.

4. Monitor the agencies and programs under the committee's jurisdiction.




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