By: Henderson S.B. No. 385
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the responsibility of the General Services Commission
1-2 and other state agencies in certain personnel matters.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 ARTICLE 1. OFFICE OF CENTRAL PERSONNEL SERVICES
1-5 SECTION 1.01. CENTRAL PERSONNEL OFFICE. The State
1-6 Purchasing and General Services Act (Article 601b, Vernon's Texas
1-7 Civil Statutes) is amended by adding Article 15 to read as follows:
1-8 ARTICLE 15. CENTRAL PERSONNEL SERVICES OFFICE
1-9 Sec. 15.01. PURPOSE. This article creates the central
1-10 personnel services office as a division of the commission. The
1-11 office is intended to coordinate state personnel policies and
1-12 services and provide expert assistance to state employees and the
1-13 public to reduce or eliminate duplicate personnel functions among
1-14 state agencies to the fullest extent possible while allowing state
1-15 agencies to continue to control internal personnel decisions such
1-16 as employee interviewing, hiring, promotion, discipline, and
1-17 termination.
1-18 Sec. 15.02. DEFINITIONS. In this article:
1-19 (1) "Director" means the director of the central
1-20 personnel services office.
1-21 (2) "Office" means the central personnel services
1-22 office.
1-23 Sec. 15.03. OFFICE. (a) The central personnel services
1-24 office is a division of the commission.
2-1 (b) The office is under the direction of a director who is
2-2 employed by the executive director of the commission. Under the
2-3 direction of the executive director of the commission, the director
2-4 is responsible for the administration of the office in accordance
2-5 with this article, the rules, orders, and directives adopted under
2-6 this article, and the policies and procedures of the commission.
2-7 (c) The director may appoint an assistant to whom the
2-8 director may delegate the authority and responsibility of the
2-9 office, including the functions of Classification Officer under the
2-10 Position Classification Act of 1961 (Article 6252-11, Vernon's
2-11 Texas Civil Statutes) and its subsequent amendments, state wellness
2-12 program director under Section 15.07 of this article, and employee
2-13 relations ombudsman under Section 15.08 of this article.
2-14 (d) Each state agency, other than a university system, with
2-15 more than 2,400 employees shall loan one half-time equivalent
2-16 employee to the office for a two-year term. A state agency, other
2-17 than a university system, with 2,400 or fewer employees may loan
2-18 one or more part-time or full-time employees to the office. Each
2-19 university system shall loan one full-time equivalent employee to
2-20 the office for a one-year term.
2-21 Sec. 15.04. GENERAL POWERS AND DUTIES OF OFFICE. (a) The
2-22 office shall:
2-23 (1) develop a standard employment application form
2-24 that may be used by all state agencies;
2-25 (2) maintain a central job posting data base to which
2-26 all job applicants may have access;
2-27 (3) maintain a central job applicant data base to
3-1 which all state agencies may have access;
3-2 (4) develop model personnel policies, including
3-3 evaluation and promotion guidelines and employee grievance and
3-4 mediation procedures that may be adopted by state agencies;
3-5 (5) maintain a central source of legal information
3-6 relating to personnel issues, including information relating to:
3-7 (A) state and federal statutes and regulations,
3-8 including the Fair Labor Standards Act of 1938 (29 U.S.C. Section
3-9 201 et seq.) and its subsequent amendments and the Americans with
3-10 Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and its
3-11 subsequent amendments;
3-12 (B) the personnel provisions of the General
3-13 Appropriations Act; and
3-14 (C) relevant attorney general opinions;
3-15 (6) provide training programs to assist state agencies
3-16 in the development of supervisory and management training programs
3-17 relating to interviewing, employment law, employee benefits, and
3-18 other personnel issues; and
3-19 (7) make recommendations to state agencies regarding
3-20 other personnel matters.
3-21 (b) The office may use personnel experts from other state
3-22 agencies in the preparation of recommendations regarding personnel
3-23 issues.
3-24 Sec. 15.05. SPECIFIC PROGRAMS. The office shall administer
3-25 the following programs and shall perform the administrative
3-26 responsibilities and procedures associated with those programs:
3-27 (1) equal employment opportunity under Chapter 80,
4-1 Acts of the 65th Legislature, Regular Session, 1977 (Article
4-2 6252-11b, Vernon's Texas Civil Statutes), and its subsequent
4-3 amendments, and Chapter 648, Acts of the 69th Legislature, Regular
4-4 Session, 1985 (Article 6252-16b, Vernon's Texas Civil Statutes),
4-5 and its subsequent amendments, but specifically excepting those
4-6 programs and functions covered by the Commission on Human Rights
4-7 Act (Article 5221k, Vernon's Texas Civil Statutes) and its
4-8 subsequent amendments;
4-9 (2) the position classification plan under the
4-10 Position Classification Act of 1961 (Article 6252-11, Vernon's
4-11 Texas Civil Statutes) and its subsequent amendments; and
4-12 (3) the program for prevention of accidents and
4-13 injuries under Section 6, Article 8309g, Revised Statutes, and its
4-14 subsequent amendments.
4-15 Sec. 15.06. COORDINATION OF TRAINING PROGRAMS. (a) The
4-16 office shall coordinate the training of state employees to
4-17 eliminate the duplication of employee training functions. The
4-18 office shall:
4-19 (1) design uniform course curricula;
4-20 (2) provide a clearinghouse for training research and
4-21 information;
4-22 (3) certify trainers in state-of-the-art training
4-23 programs;
4-24 (4) provide training expertise to and perform legal
4-25 research for other state agencies; and
4-26 (5) coordinate procurement of training materials and
4-27 services for volume discounts.
5-1 (b) In coordinating training functions among state agencies,
5-2 the office shall use training staff on loan from other state
5-3 agencies. State agencies that loan trainers to the office shall
5-4 guarantee trainers that their positions at the lending agencies
5-5 will be available for them upon completion of their service to the
5-6 office. The director and the state agency lending the trainer
5-7 shall determine the duration of the loan. The office may develop a
5-8 system by which state agencies are given credit toward obtaining
5-9 centralized training services in exchange for the loan of a
5-10 trainer.
5-11 (c) The office shall maintain an automated resource
5-12 directory, scheduling systems, employee training records, and
5-13 reports to maintain accurate information on training costs and
5-14 effectiveness.
5-15 (d) The office shall make an inventory of current state
5-16 agency-sponsored training programs and training facilities and take
5-17 steps to encourage, to the fullest extent possible, all state
5-18 agencies to participate in existing training programs rather than
5-19 developing courses within the agency. Before providing for
5-20 training for its own employees, a state agency shall contact the
5-21 office to determine whether a suitable training course is offered.
5-22 (e) The approval of the office is not necessary for a state
5-23 agency to provide another state agency with course materials,
5-24 manuals, and additional information that the agency has developed
5-25 or to work with another state agency to design a training program.
5-26 Sec. 15.07. COORDINATION OF EMPLOYEE WELLNESS AND HEALTH
5-27 FITNESS PROGRAMS. (a) The director shall designate an assistant
6-1 to serve as the state wellness program director.
6-2 (b) The state wellness program director shall coordinate all
6-3 state agency wellness and health fitness programs established under
6-4 the State Employees Health Fitness and Education Act of 1983
6-5 (Article 6252-27, Vernon's Texas Civil Statutes) and its subsequent
6-6 amendments. Each program is subject to the approval of the state
6-7 wellness program director.
6-8 Sec. 15.08. EMPLOYEE RELATIONS OMBUDSMAN. (a) The director
6-9 shall designate an assistant to serve as an employee relations
6-10 ombudsman to assist state agencies in establishing employee
6-11 mediation and assistance programs.
6-12 (b) The employee relations ombudsman shall:
6-13 (1) research the availability of employee mediation
6-14 and assistance programs and provide this information to state
6-15 agencies on request;
6-16 (2) provide training and guidance to state agencies in
6-17 acquiring employee mediation and assistance services;
6-18 (3) provide assistance to state agencies in soliciting
6-19 bids from and contracting with vendors who offer employee mediation
6-20 and assistance services; and
6-21 (4) monitor cost savings resulting from the
6-22 implementation of employee mediation and assistance programs.
6-23 Sec. 15.09. AGENCIES SHALL PROVIDE INFORMATION. (a) State
6-24 agencies shall give the office copies of all job postings and
6-25 applications for employment and shall give other personnel
6-26 information to the office as requested by the director.
6-27 (b) It is the goal of this state that the public have quick
7-1 and easy access through public and private computer terminals to
7-2 all state agency job postings throughout the state. In order to
7-3 achieve this goal the office may establish and maintain a central
7-4 computer network containing all job postings. The information
7-5 shall be accessible throughout the state and made available to the
7-6 public. Agencies shall assist the office by sharing any existing
7-7 resources which would help achieve this goal.
7-8 Sec. 15.10. FEES FOR SERVICES. The commission by rule shall
7-9 impose and provide for the collection of a fee to be assessed state
7-10 agencies for all services performed by the office. The amount of
7-11 the fee imposed under this section may not exceed the amount
7-12 estimated by the commission to be sufficient in the aggregate to
7-13 recover the costs of administering the office's programs. The
7-14 commission shall assess the fee against each agency in the
7-15 proportion that the number of classified employees of the agency
7-16 bears to the number of classified employees of the state.
7-17 Sec. 15.11. MEMORANDUM OF UNDERSTANDING WITH TEXAS
7-18 EMPLOYMENT COMMISSION. The commission shall enter into a
7-19 memorandum of understanding with the Texas Employment Commission to
7-20 facilitate the sharing of resources and services between the office
7-21 and the Texas Employment Commission and to avoid providing
7-22 duplicative services. Under the memorandum of understanding, the
7-23 office and the Texas Employment Commission may jointly participate
7-24 in projects to assist agencies with recruitment or other personnel
7-25 responsibilities.
7-26 Sec. 15.12. REPORT TO LEGISLATURE. In cooperation with
7-27 other state agencies, the commission shall by January 1, 1995,
8-1 furnish a report to the 74th Legislature regarding the status of
8-2 the implementation of this article and containing recommendations
8-3 regarding the appropriate powers and duties of the office, future
8-4 funding and staffing levels of the office, and elimination of
8-5 duplication in personnel functions among state agencies. This
8-6 section expires May 1, 1995.
8-7 SECTION 1.02. Sections 2, 3, 4, and 5, State Employees
8-8 Health Fitness and Education Act of 1983 (Article 6252-27, Vernon's
8-9 Texas Civil Statutes), are amended to read as follows:
8-10 Sec. 2. The legislature finds that effective state
8-11 administration is materially enhanced by programs designed to
8-12 encourage and create a condition of wellness and health fitness in
8-13 state administrators and employees, and that public money spent for
8-14 these programs serves <serve> an important public purpose. Among
8-15 the purposes that may be served by these programs are an
8-16 understanding and diminution of the health risk factors associated
8-17 with modern society's most debilitating diseases, development of
8-18 greater productivity and work capacity, reduction in absenteeism,
8-19 reduction of health insurance costs, and an increase in the general
8-20 level of health fitness.
8-21 Sec. 3. (a) A state department, institution, commission, or
8-22 agency may use available public funds for wellness and health
8-23 fitness education and activities and other health fitness related
8-24 costs. A state department, institution, commission, or agency may
8-25 also use available facilities for wellness and health fitness
8-26 programs.
8-27 (b) Each state department, institution, commission, and
9-1 agency shall designate an agency wellness coordinator who shall
9-2 coordinate the department's, institution's, commission's, or
9-3 agency's wellness and health fitness programs with the central
9-4 personnel services office of the General Services Commission.
9-5 Sec. 4. A state department, institution, commission, or
9-6 agency may, and is encouraged to, enter into agreements with other
9-7 state, local, or federal departments, institutions, commissions, or
9-8 agencies, including a state-supported college or university, or
9-9 other private, free, or low-cost wellness program providers to
9-10 present, join in presenting, or participate jointly in
9-11 state-sponsored wellness, health fitness education, or fitness
9-12 activity programs for its administrators and employees.
9-13 Sec. 5. (a) Each department, institution, commission, or
9-14 agency desiring to implement a wellness or health fitness program
9-15 shall develop a plan prior to such implementation which shall
9-16 address the participants, purpose, nature, duration, costs, and
9-17 expected results of such program. However, no such plan shall be
9-18 implemented until the program is approved in writing by the central
9-19 personnel services office of the General Services Commission <Texas
9-20 Department of Health>. If implementation of a plan requires the
9-21 expenditure of public funds, the program must also be approved in
9-22 writing by the governor or the governor's designated
9-23 representative.
9-24 (b) The central personnel services office shall coordinate
9-25 agency wellness and health fitness programs within all state
9-26 departments, institutions, commissions, and agencies. With the
9-27 cooperation of the Texas Department of Health, the office shall
10-1 develop the most cost-effective method to promote wellness and
10-2 health fitness programs within the agencies.
10-3 SECTION 1.03. The State Employees Health Fitness and
10-4 Education Act of 1983 (Article 6252-27, Vernon's Texas Civil
10-5 Statutes) is amended by adding Section 6 to read as follows:
10-6 Sec. 6. The board of trustees of the Employees Retirement
10-7 System of Texas shall develop a system for monitoring state agency
10-8 health care costs, including but not limited to the effect of
10-9 agency wellness and health fitness programs on sick-leave usage and
10-10 health care claims, and shall submit a report to the legislature by
10-11 July 1, 1994, giving details about that system. This section
10-12 expires January 1, 1995.
10-13 SECTION 1.04. Section 17, Texas Employees Uniform Group
10-14 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
10-15 Code), is amended by adding Subsection (d) to read as follows:
10-16 (d) The trustee shall monitor the health care costs of each
10-17 state department participating in a state-sponsored wellness or
10-18 health fitness program under the State Employees Health Fitness and
10-19 Education Act of 1983 (Article 6252-27, Vernon's Texas Civil
10-20 Statutes) and its subsequent amendments. The trustee shall
10-21 determine the effect wellness and health fitness programs have on
10-22 sick-leave usage and health care claims of state employees. The
10-23 trustee shall annually report to the central personnel services
10-24 office of the General Services Commission on health care costs of
10-25 participating state departments and any savings resulting from the
10-26 implementation of wellness and health fitness programs.
10-27 SECTION 1.05. Subdivisions (2) and (3), Section 1, Chapter
11-1 80, Acts of the 65th Legislature, Regular Session, 1977 (Article
11-2 6252-11b, Vernon's Texas Civil Statutes), are amended to read as
11-3 follows:
11-4 (2) "Commission" means the General Services <Texas
11-5 Employment> Commission.
11-6 (3) "Office <Equal employment office>" means the
11-7 central personnel services office of the General Services
11-8 Commission <Equal Employment Opportunity Office within the
11-9 governor's office>.
11-10 SECTION 1.06. Sections 2, 3, and 4, Chapter 80, Acts of the
11-11 65th Legislature, Regular Session, 1977 (Article 6252-11b, Vernon's
11-12 Texas Civil Statutes), are amended to read as follows:
11-13 Sec. 2. Submission of Job Information. (a) When a job
11-14 vacancy occurs or is filled in Travis County within a state agency,
11-15 the agency shall complete and submit to the <commission and to the
11-16 equal employment> office as soon as possible the appropriate
11-17 information form prescribed by the commission regarding the job
11-18 vacancy or placement.
11-19 (b) As soon as possible at the beginning of each month, a
11-20 state agency that is required by federal law or regulation to
11-21 follow a merit system of personnel administration <which requires a
11-22 person to comply with the Merit System Council's employment
11-23 procedures> before employing a <the> person shall complete and
11-24 submit to the <commission and to the equal employment> office the
11-25 appropriate information form prescribed by the commission regarding
11-26 the job vacancies in Travis County subject to the merit system of
11-27 personnel administration <Merit System Council's employment
12-1 procedures> which were filled by the agency during the previous
12-2 month.
12-3 Sec. 3. Job Information Forms. The commission shall
12-4 prescribe forms for information from state agencies necessary for
12-5 the office <commission> to serve as a central processing agency for
12-6 state agency job opportunities in Travis County in accordance with
12-7 this Act.
12-8 Sec. 4. Use of Job Information. (a) The office
12-9 <commission> shall publicly list, in accordance with its
12-10 procedures, for at least 10 working days, notices of job vacancies
12-11 submitted to the office <commission> by a state agency under
12-12 Section 2(a) of this Act unless notified by the agency that the
12-13 vacancy has been filled.
12-14 (b) The office <commission> shall publicly post, in
12-15 accordance with its procedures, for a month, the information
12-16 submitted to the office <commission> by a state agency under
12-17 Section 2(b) of this Act. When a person expresses to the office
12-18 <commission> an interest in a job vacancy posted in accordance with
12-19 this subsection for which the office <commission> considers him
12-20 qualified, the office <commission> shall inform the person of the
12-21 appropriate merit system <Merit System Council> employment
12-22 procedures.
12-23 (c) When a person expresses to the office <commission> an
12-24 interest in a job vacancy listed in accordance with Subsection (a)
12-25 of this section for which the office <commission> considers him
12-26 qualified and which may be filled only after the person has
12-27 complied with merit system <the Merit System Council's> employment
13-1 procedures, the office <commission> shall inform the person of
13-2 those procedures.
13-3 SECTION 1.07. Section 2, Chapter 648, Acts of the 69th
13-4 Legislature, Regular Session, 1985 (Article 6252-16b, Vernon's
13-5 Texas Civil Statutes), is amended to read as follows:
13-6 Sec. 2. Each state agency that prepares <submits> an annual
13-7 report <to the governor's office> relating to equal employment
13-8 opportunities with that agency shall include in the report
13-9 statistical information <provided to the governor's office
13-10 information> relating to the number of handicapped persons employed
13-11 by the agency and shall submit the report to the office.
13-12 SECTION 1.08. Sections 4, 5, and 6, Position Classification
13-13 Act of 1961 (Article 6252-11, Vernon's Texas Civil Statutes), are
13-14 amended to read as follows:
13-15 Sec. 4. Commencing with the effective date of this Act, all
13-16 regular full-time salaried employments with the exceptions and
13-17 deferments specified hereinabove shall be made only in conformity
13-18 with the classes of work described in such Position Classification
13-19 Plan, and under the titles authorized by such Plan. The
13-20 Classification Officer <State Auditor> shall examine or cause to be
13-21 examined in periodic post-audits of expenditures of State
13-22 departments and agencies, and by such methods as he deems
13-23 appropriate and adequate, whether employments have been made in
13-24 accordance with the provisions of this Act, and shall report the
13-25 facts as found to the Governor, the Comptroller, the central
13-26 personnel services office of the General Services Commission, and
13-27 the Legislative Audit Committee.
14-1 Sec. 5. (a) Nothing in this Act shall be construed or
14-2 applied by any officer or employee of the State as interfering in
14-3 any way with existing statutory authorizations for governing bodies
14-4 and executive heads to employ such persons as they may choose, or
14-5 to select for promotion from one class of employment to another
14-6 such employees as they may choose, or to dismiss from employment by
14-7 the State such employees as they may choose to dismiss.
14-8 (b) It is further provided that wherever the phrase "General
14-9 Qualifications Requirements," or any words or phrases of similar
14-10 meaning, are found in the Position Classification Plan established
14-11 by this Act, such specifications thereunder as may be set forth for
14-12 experience and training, or for education, or for knowledges,
14-13 skills and abilities, or for physical conditions, shall only mean
14-14 those which are commonly desired by employing officers of the
14-15 State; and such indicated requirements shall not be interpreted as
14-16 having the force of law.
14-17 (c) The preceding two paragraphs of this Section, however,
14-18 shall not be construed as abrogating statutory authorizations for
14-19 certain State agencies to operate under employee merit systems as a
14-20 condition for qualifying for Federal grants-in-aid; and all such
14-21 merit systems as have been or may hereafter be agreed to by the
14-22 respective State agencies and agencies of the U.S. Government shall
14-23 be in full force and effect, subject only to the applicable laws of
14-24 this State.
14-25 (d) Should any governing board or executive head of an
14-26 agency affected by the provisions of this Act find need for the
14-27 employment of a person in a class or kind of work which he believes
15-1 is not described in the Position Classification Plan, such board or
15-2 executive head shall notify the Classification Officer of the
15-3 facts, and such Classification Officer shall promptly provide,
15-4 within the limitations of the General Appropriations Act <and
15-5 subject to the approval of the State Auditor after obtaining the
15-6 advice of the Legislative Audit Committee>, either an existing or a
15-7 new class description of work and a corresponding salary range
15-8 which will permit such needed employment. Notification of such
15-9 action shall be made to the Comptroller of Public Accounts by the
15-10 Classification Officer. Nothing in this paragraph or in this Act,
15-11 however, shall be so construed as to authorize an increase in the
15-12 number of positions or in the amount of appropriations as may be
15-13 set forth for any such agency in the General Appropriations Act.
15-14 Sec. 6. (a) The <There is hereby established in the office
15-15 of the State Auditor the position of Classification Officer. The
15-16 Classification Officer shall be appointed by the State Auditor,
15-17 subject to the advice and approval of the Legislative Audit
15-18 Committee. No person shall be appointed to the office of
15-19 Classification Officer who has not had a minimum of six (6) years
15-20 experience in position classification or personnel management work,
15-21 or an equivalent period of experience in related work in State
15-22 employment as to peculiarly qualify him for the position. Such
15-23 Classification Officer shall be paid such annual salary as may be
15-24 set in the Appropriations Act, and shall have for the performance
15-25 of his duties such assistance as the State Auditor may assign to
15-26 him from the appropriations provided for that purpose.>
15-27 <(b) The Classification Officer may, subject to the approval
16-1 of the State Auditor and the Legislative Audit Committee, appoint a
16-2 First Assistant Classification Officer to whom he may delegate in
16-3 his absence statutory authority and responsibility as is provided
16-4 the Classification Officer in this Act and other acts relating to
16-5 the Position Classification Plan.>
16-6 <(c) The Classification Officer also may have at his
16-7 disposal when available without charge the use of the data
16-8 processing center in the office of the Comptroller of Public
16-9 Accounts for purposes of processing any position classification
16-10 data that might be pertinent and useful.>
16-11 <(d) In accordance with the provisions of law, the>
16-12 Classification Officer is employed by the central personnel
16-13 services office of the General Services Commission and shall
16-14 maintain on a current and accurate basis the Position
16-15 Classification Plan, advise and assist State agencies to insure
16-16 equitable and uniform application of such Plan, conduct <assist in>
16-17 personnel audits to assure conformity, and make such
16-18 recommendations as <he may think> necessary and desirable
16-19 respecting the operation and improvement of the Position
16-20 Classification Plan to the Governor and the Legislature.
16-21 (b) The central personnel services office, through the <The>
16-22 Classification Officer, also shall make periodic studies of salary
16-23 rates paid in industry and other governmental units for like or
16-24 similar work performed in the State Government, and shall report
16-25 its <his> findings and recommendations for the realistic adjustment
16-26 of State salary ranges to the Governor's Budget Office and to the
16-27 Legislative Budget Board by not later than October 1st immediately
17-1 preceding a Regular Session of the Legislature.
17-2 (c) <(e)> When exceptions to or violations of the Position
17-3 Classification Plan or of prescribed salary ranges are revealed by
17-4 personnel audits, the Classification Officer shall notify the
17-5 agency head in writing and specify the points of nonconformity or
17-6 violation. The executive head of such agency shall then have
17-7 reasonable opportunity to resolve the exception or end the
17-8 violation by reassigning the employee to another position title or
17-9 class consistent with the work actually performed, by changing the
17-10 employee's title or salary rate to conform to the prescribed
17-11 Classification Plan and salary range, or by obtaining a new class
17-12 description of work and salary range to correct the exception or
17-13 violation.
17-14 (d) <(f)> If no action is taken by the executive head of
17-15 such agency to correct or end the exception or violation within
17-16 twenty (20) calendar days following the date of the written
17-17 notification made by the Classification Officer, such Officer shall
17-18 make a written report of the facts to the Governor, <and> the
17-19 Legislative Budget Board, and the central personnel services
17-20 office. The central personnel services office <Governor> may then
17-21 determine<, after obtaining the advice of the Legislative Audit
17-22 Committee,> the action to be taken in correcting the exception or
17-23 violation and may<, within his discretion,> direct the Comptroller
17-24 not to issue payroll warrants for the employee or for the position
17-25 affected by the exception or violation until such discrepancy has
17-26 been corrected.
17-27 SECTION 1.09. Subsection (a), Section 3, State Employees
18-1 Training Act of 1969 (Article 6252-11a, Vernon's Texas Civil
18-2 Statutes), is amended to read as follows:
18-3 (a) A state department, institution, or agency may use
18-4 available public funds to provide training and education for its
18-5 administrators and employees after receiving approval from the
18-6 central personnel services office of the General Services
18-7 Commission. The <Where considered appropriate by the> department,
18-8 institution, or agency<, it> may expend public funds to pay the
18-9 salary, tuition and other fees, travel and living expenses,
18-10 training stipend, training materials costs and other necessary
18-11 expenses of the instructor, student, and other participant in the
18-12 training or education program. A department, institution, or
18-13 agency may enter into an agreement with another state, local, or
18-14 federal department, institution, or agency, including a
18-15 state-supported college or university, to present a training or
18-16 educational program for its administrators and employees or to join
18-17 in presenting such a program. Among the purposes that may be
18-18 served by these training and educational programs are preparation
18-19 to deal with new technological and legal developments, development
18-20 of additional work capabilities, increasing the number of qualified
18-21 employees in areas designated by institutions of higher education
18-22 as having an acute faculty shortage, and increasing the level of
18-23 competence.
18-24 SECTION 1.10. Section 5, State Employees Training Act of
18-25 1969 (Article 6252-11a, Vernon's Texas Civil Statutes), is amended
18-26 to read as follows:
18-27 Sec. 5. Each department, institution, and agency shall make
19-1 regulations concerning the eligibility of its administrators and
19-2 employees for training and education supported by it and the
19-3 obligations assumed by the administrators and employees upon
19-4 receiving this training and education. However, no such regulation
19-5 shall be made effective, and no public funds shall be expended
19-6 under such regulation, until the regulation is approved in writing
19-7 by the central personnel services office of the General Services
19-8 Commission and the governor.
19-9 SECTION 1.11. (a) The equal employment opportunity office
19-10 in the governor's office is abolished. Any reference in law to the
19-11 equal employment opportunity office on the effective date of this
19-12 Act means the central personnel services office.
19-13 (b) The records and other property of the equal employment
19-14 opportunity office on the effective date of this Act are
19-15 transferred to the central personnel services office.
19-16 (c) The classification officer and the records and other
19-17 property of the state auditor's office that relate primarily to the
19-18 administration of the state position classification plan are
19-19 transferred to the central personnel services office. The state
19-20 auditor shall determine which records and other property are to be
19-21 transferred under this subsection.
19-22 (d) A rule adopted by the equal employment opportunity
19-23 office or the classification officer that is in effect on the
19-24 effective date of this Act continues in effect until it is
19-25 superseded by a rule of the General Services Commission or until it
19-26 expires by its own terms.
19-27 ARTICLE 2. REVIEW OF POSITION CLASSIFICATION PLAN
20-1 SECTION 2.01. DEFINITIONS. In this article:
20-2 (1) "Commission" means the General Services
20-3 Commission.
20-4 (2) "Position classification plan" means the plan
20-5 established under the Position Classification Act of 1961 (Article
20-6 6252-11, Vernon's Texas Civil Statutes) and its subsequent
20-7 amendments.
20-8 SECTION 2.02. DUTIES OF COMMISSION. (a) The commission
20-9 shall review the position classification plan and advise the
20-10 governor and the legislature with respect to improving the plan.
20-11 (b) The commission shall use the study conducted by the
20-12 state auditor's office as a basis for the commission to use in
20-13 making recommendations on:
20-14 (1) pay for performance;
20-15 (2) market-based salaries;
20-16 (3) evaluation procedures;
20-17 (4) dual-pay structures for classified and
20-18 professional employees;
20-19 (5) employee incentive programs; and
20-20 (6) other relevant compensation and benefits issues.
20-21 SECTION 2.03. COOPERATION OF CERTAIN STATE AGENCIES. The
20-22 state auditor, the comptroller, and the Employees Retirement System
20-23 of Texas shall cooperate with and assist the commission and provide
20-24 staff as necessary for the performance of the commission's duties
20-25 under this article.
20-26 SECTION 2.04. WORK PLAN; STEERING COMMITTEE. (a) The
20-27 commission shall adopt a work plan and establish a steering
21-1 committee to assist in the review of the position classification
21-2 plan.
21-3 (b) The work plan shall clearly articulate the goals of the
21-4 position classification plan.
21-5 (c) The steering committee shall be composed of personnel
21-6 officers of state agencies and institutions of higher education and
21-7 members of the staffs of the governor, lieutenant governor, and
21-8 speaker of the house.
21-9 SECTION 2.05. DESIGN OF CLASSIFICATION PLAN. In addition to
21-10 the review of the position classification plan, the commission
21-11 shall:
21-12 (1) design a classification system that accomplishes
21-13 the goals that the system should have and determine the costs and
21-14 benefits associated with that classification system; and
21-15 (2) provide recommendations about whether:
21-16 (A) the legislature should continue to authorize
21-17 across-the-board salary increases for state officers and employees;
21-18 (B) agencies should be required to support
21-19 requests for funding of employee salary increases with documented
21-20 employee performance reports and relevant market-based salary
21-21 information; and
21-22 (C) the commission should administer the state's
21-23 employee insurance plan.
21-24 SECTION 2.06. ASSISTANCE FROM STATE AGENCIES. The
21-25 commission may require any state agency to assist the commission
21-26 and provide information required for the commission to perform its
21-27 duties under this article, and each agency shall cooperate with the
22-1 commission in that regard.
22-2 SECTION 2.07. REPORT. The commission shall complete its
22-3 duties under this article, report its findings, and make its
22-4 recommendations before November 1, 1994.
22-5 SECTION 2.08. EXPIRATION DATE. This article expires January
22-6 1, 1995.
22-7 ARTICLE 3. EFFECTIVE DATE; EMERGENCY
22-8 SECTION 3.01. EFFECTIVE DATE. This Act takes effect
22-9 September 1, 1993.
22-10 SECTION 3.02. EMERGENCY. The importance of this legislation
22-11 and the crowded condition of the calendars in both houses create an
22-12 emergency and an imperative public necessity that the
22-13 constitutional rule requiring bills to be read on three several
22-14 days in each house be suspended, and this rule is hereby suspended.