88R14000 LRM-D
 
  By: Oliverson H.B. No. 3924
 
  Substitute the following for H.B. No. 3924:
 
  By:  Metcalf C.S.H.B. No. 3924
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to state agency employment openings and aptitude
  assessments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 656.002, Government Code, is amended by
  amending Subsections (b), (c), and (e) and adding Subsections (f)
  and (g) to read as follows:
         (b)  The online system for listing state agency employment
  openings maintained by the Texas Workforce Commission must allow an
  applicant for employment to:
               (1)  complete a single state application and the
  standardized aptitude test described by Section 656.028 online; and
               (2)  enter the application and the standardized
  aptitude test into an online database from which the applicant may
  electronically send the application and the standardized aptitude
  test to multiple state agencies.
         (c)  The Texas Workforce Commission shall:
               (1)  prescribe a standard electronic format for the
  online application and standardized aptitude test described by
  Subsection (b); and
               (2)  ensure that the commission's online system allows
  an applicant to submit and a state agency to receive an online
  application and the standardized aptitude test for state agency
  employment.
         (e)  This section does not prohibit a state agency from
  accepting an application for an employment opening, the
  standardized aptitude test, or a specialized aptitude test in a
  manner other than the manner described by this section.
         (f)  The online system must inform an applicant that the
  applicant is not required to complete the standardized aptitude
  test to apply for an employment opening.
         (g)  The online system must list the classified positions for
  which the standardized aptitude test will be accepted.
         SECTION 2.  Subchapter B, Chapter 656, Government Code, is
  amended by adding Section 656.028 to read as follows:
         Sec. 656.028.  APTITUDE ASSESSMENTS. (a) In this section:
               (1)  "Career education and training program" has the
  meaning assigned by Section 2308A.001.
               (2)  "Specialized aptitude test" means an assessment of
  the competencies and skills needed for a specific state agency
  position that are not measured by the standardized aptitude test,
  including a skills demonstration, skills-based questionnaire,
  skills-based interview, and any other valid skills measurement
  strategy.
               (3)  "Standardized aptitude test" means the uniform
  assessment that measures the skill set of a job applicant developed
  by the state auditor under this section.
         (b)  Each state agency shall at least once each calendar year
  review each classified position in the state agency to determine
  the skills needed for each position.  The state agency shall compile
  a list of skills for each position identified under this subsection
  and submit the list to the state auditor.
         (c)  The state auditor shall review each list of skills for
  each position submitted under Subsection (b) and determine the
  skills shared across state agency classified positions.  The state
  auditor shall develop, in consultation with state agencies, a
  standardized aptitude test to determine whether a job applicant has
  the shared skills. The state auditor may contract with a person
  that specializes in certification of occupation-based skills
  assessments to develop, certify, or evaluate the results of the
  standardized aptitude test.
         (d)  The Texas Workforce Commission shall make the
  standardized aptitude test available on the online state agency
  employment applications system described by Section 656.002.
         (e)  If a state agency determines a specialized aptitude test
  would improve the agency's hiring process, the agency must consult
  with the Tri-Agency Workforce Initiative established by Chapter
  2308A to align the career education and training programs and state
  workforce development strategies developed under Section 2308A.006
  with the competencies and skills measured by the test.
         (f)  A state agency may not consider the fact that an
  applicant for employment did not complete the standardized aptitude
  test in making a hiring determination.
         (g)  The state auditor shall adopt rules necessary to
  implement this section, including rules that require a state agency
  to accept the standardized aptitude test as an alternative to a
  hiring requirement that relates to an applicant's education or
  experience, as determined appropriate by the state auditor.
         SECTION 3.  Each state agency shall complete the initial
  review required by Section 656.028(b), Government Code, as added by
  this Act, and submit the list of skills for each position to the
  state auditor not later than December 1, 2024.
         SECTION 4.  This Act takes effect September 1, 2023.