CONTROLLING THE BUREAUCRACY

 

Organization and Reorganization

   Agencies created by legislatures

       Solution to problem

 

   Factors in Organization

       Nature of problem

       Personalities

       Political dynamics

       Organizational theories in vogue at time

 

   Factors can change over time

   Lead to reorganization

       Many federal reorganizations

Since 1985, every state has implemented an executive branch reorganization program

 

In 15 states, governors may reorganize

   Subject only to a legislative veto

 

   Not the case in Texas

   Governor is chief executive

   Has little real power over the executive branch

 


Texas reorganizations

   Numerous attempts

   Legislative initiatives

   Gubernatorial initiatives

   Calls for a new constitution

 

   Gubernatorial initiatives

       Try to centralize power

       Usually fail

       Reorganize on a piecemeal basis

       Not always rational

       Effect minor shifts in priorities

 

   Failure of 1974 Constitutional Convention

       Creation of Hobby-Clayton Committee (1975)

       Review governmental structure

       Made recommendations for change

       Legislature enacted some and ignored others

 

   1990s – effect to reorganize government

       Governor Richards and Comptroller Sharp

       Reorganize to save taxpayer money

       Proposed a cabinet form of government

Incoming governor would be able to remove all members of boards and commissions

Also wanted to consolidate programs into fewer agencies

 

Legislature actually abolished a few agencies and consolidated others in 1991

 

Comptroller now has an ongoing agency review process

Find it on the comptroller’s Webpage

 


Controlling Bureaucracy

 

Legislature delegates decision-making authority to executive agencies

 

Legislative oversight:  keep tabs on what the agencies are doing

   Review of expenditures

   Review of rules and regulations

   Performance reviews

   Sunset reviews

   Review of staff size

   Response to constituent complaints

 

Remember that most bureaucrats are not elected

 

Sunset process

Establish a date at which agencies will cease to exist

Forces a review of executive agencies

In use in three-fourths of the states

 


Texas Sunset Act of 1977

Required the creation of a new agency, the Sunset Advisory Commission

   Four state senators

   Four state representatives

   Public member appointed by senate president

   Public member appointed by house speaker

 

12-year life span for agencies

   Agency must submit a self-evaluation

   Commission staff investigates agency

   Makes a recommendation to the legislature

   Recommendation could be to close agency

Continuation always comes with some changes

 

Sunset “Good Government” Principles

   Public membership on governing boards

   Conflict-of-interest regulation

   Career ladders for employees

   Merit-pay systems

   Public notification of hearings

   Placement of state funds in state treasury

   Establishment of a complaint process

   Adoption of equal opportunity policy


Sunset review process has had mixed results

   1993-attempt to repeal sunset review

1999-25 agencies reviewed, 23 continued, 1 abolished, 1 merged with other agency

 

Elected public official face challenges in controlling bureaucracy

 

   Evolution of agencies

       Creation in an atmosphere of public outrage

          “Must do something to regulate something”

       Original role as independent watchdogs

          “We’re watching industry”

       A captured agency

          Surrender to the industry being regulated

 

   Example:

“Since 1981, the Texas Railroad Commission has served the oil industry.”

Ad run by the Railroad Commission and paid for by two oil and gas industry associations

 

 

   Clientele relationship

   Iron triangle

   Revolving door