1-1 By: Henderson S.B. No. 385
1-2 (In the Senate - Filed February 17, 1993; February 18, 1993,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 24, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 9, Nays 0;
1-6 February 24, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Harris of Dallas x
1-10 Rosson x
1-11 Carriker x
1-12 Henderson x
1-13 Leedom x
1-14 Lucio x
1-15 Luna x
1-16 Nelson x
1-17 Patterson x
1-18 Shelley x
1-19 Sibley x
1-20 West x
1-21 Whitmire x
1-22 COMMITTEE SUBSTITUTE FOR S.B. No. 385 By: Henderson
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the responsibility of the General Services Commission
1-26 and other state agencies in certain personnel matters.
1-27 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-28 ARTICLE 1. OFFICE OF CENTRAL PERSONNEL SERVICES
1-29 SECTION 1.01. CENTRAL PERSONNEL OFFICE. The State
1-30 Purchasing and General Services Act (Article 601b, Vernon's Texas
1-31 Civil Statutes) is amended by adding Article 15 to read as follows:
1-32 ARTICLE 15. CENTRAL PERSONNEL SERVICES OFFICE
1-33 Sec. 15.01. PURPOSE. This article creates the central
1-34 personnel services office as a division of the commission. The
1-35 office is intended to coordinate state personnel policies and
1-36 services and provide expert assistance to state employees and the
1-37 public to reduce or eliminate duplicate personnel functions among
1-38 state agencies to the fullest extent possible while allowing state
1-39 agencies to continue to control internal personnel decisions such
1-40 as employee interviewing, hiring, promotion, discipline, and
1-41 termination.
1-42 Sec. 15.02. DEFINITIONS. In this article:
1-43 (1) "Director" means the director of the central
1-44 personnel services office.
1-45 (2) "Office" means the central personnel services
1-46 office.
1-47 Sec. 15.03. OFFICE. (a) The central personnel services
1-48 office is a division of the commission.
1-49 (b) The office is under the direction of a director who is
1-50 employed by the executive director of the commission. Under the
1-51 direction of the executive director of the commission, the director
1-52 is responsible for the administration of the office in accordance
1-53 with this article, the rules, orders, and directives adopted under
1-54 this article, and the policies and procedures of the commission.
1-55 (c) The director may appoint an assistant to whom the
1-56 director may delegate the authority and responsibility of the
1-57 office, including the functions of Classification Officer under the
1-58 Position Classification Act of 1961 (Article 6252-11, Vernon's
1-59 Texas Civil Statutes) and its subsequent amendments, state wellness
1-60 program director under Section 15.07 of this article, and employee
1-61 relations ombudsman under Section 15.08 of this article.
1-62 (d) Each state agency, other than a university system, with
1-63 more than 2,400 employees shall loan one half-time equivalent
1-64 employee to the office for a two-year term. A state agency, other
1-65 than a university system, with 2,400 or fewer employees may loan
1-66 one or more part-time or full-time employees to the office. Each
1-67 university system shall loan one full-time equivalent employee to
1-68 the office for a one-year term.
2-1 Sec. 15.04. GENERAL POWERS AND DUTIES OF OFFICE. (a) The
2-2 office shall:
2-3 (1) develop a standard employment application form
2-4 that may be used by all state agencies;
2-5 (2) maintain a central job posting data base to which
2-6 all job applicants may have access;
2-7 (3) maintain a central job applicant data base to
2-8 which all state agencies may have access;
2-9 (4) develop model personnel policies, including
2-10 evaluation and promotion guidelines and employee grievance and
2-11 mediation procedures that may be adopted by state agencies;
2-12 (5) maintain a central source of legal information
2-13 relating to personnel issues, including information relating to:
2-14 (A) state and federal statutes and regulations,
2-15 including the Fair Labor Standards Act of 1938 (29 U.S.C. Section
2-16 201 et seq.) and its subsequent amendments and the Americans with
2-17 Disabilities Act of 1990 (42 U.S.C. Section 12101 et seq.) and its
2-18 subsequent amendments;
2-19 (B) the personnel provisions of the General
2-20 Appropriations Act; and
2-21 (C) relevant attorney general opinions;
2-22 (6) provide training programs to assist state agencies
2-23 in the development of supervisory and management training programs
2-24 relating to interviewing, employment law, employee benefits, and
2-25 other personnel issues; and
2-26 (7) make recommendations to state agencies regarding
2-27 other personnel matters.
2-28 (b) The office may use personnel experts from other state
2-29 agencies in the preparation of recommendations regarding personnel
2-30 issues.
2-31 Sec. 15.05. SPECIFIC PROGRAMS. The office shall administer
2-32 the following programs and shall perform the administrative
2-33 responsibilities and procedures associated with those programs:
2-34 (1) equal employment opportunity under Chapter 80,
2-35 Acts of the 65th Legislature, Regular Session, 1977 (Article
2-36 6252-11b, Vernon's Texas Civil Statutes), and its subsequent
2-37 amendments, and Chapter 648, Acts of the 69th Legislature, Regular
2-38 Session, 1985 (Article 6252-16b, Vernon's Texas Civil Statutes),
2-39 and its subsequent amendments, but specifically excepting those
2-40 programs and functions covered by the Commission on Human Rights
2-41 Act (Article 5221k, Vernon's Texas Civil Statutes) and its
2-42 subsequent amendments;
2-43 (2) the position classification plan under the
2-44 Position Classification Act of 1961 (Article 6252-11, Vernon's
2-45 Texas Civil Statutes) and its subsequent amendments; and
2-46 (3) the program for prevention of accidents and
2-47 injuries under Section 6, Article 8309g, Revised Statutes, and its
2-48 subsequent amendments.
2-49 Sec. 15.06. COORDINATION OF TRAINING PROGRAMS. (a) The
2-50 office shall coordinate the training of state employees to
2-51 eliminate the duplication of employee training functions. The
2-52 office shall:
2-53 (1) design uniform course curricula;
2-54 (2) provide a clearinghouse for training research and
2-55 information;
2-56 (3) certify trainers in state-of-the-art training
2-57 programs;
2-58 (4) provide training expertise to and perform legal
2-59 research for other state agencies; and
2-60 (5) coordinate procurement of training materials and
2-61 services for volume discounts.
2-62 (b) In coordinating training functions among state agencies,
2-63 the office shall use training staff on loan from other state
2-64 agencies. State agencies that loan trainers to the office shall
2-65 guarantee trainers that their positions at the lending agencies
2-66 will be available for them upon completion of their service to the
2-67 office. The director and the state agency lending the trainer
2-68 shall determine the duration of the loan. The office may develop a
2-69 system by which state agencies are given credit toward obtaining
2-70 centralized training services in exchange for the loan of a
3-1 trainer.
3-2 (c) The office shall maintain an automated resource
3-3 directory, scheduling systems, employee training records, and
3-4 reports to maintain accurate information on training costs and
3-5 effectiveness.
3-6 (d) The office shall make an inventory of current state
3-7 agency-sponsored training programs and training facilities and take
3-8 steps to encourage, to the fullest extent possible, all state
3-9 agencies to participate in existing training programs rather than
3-10 developing courses within the agency. Before providing for
3-11 training for its own employees, a state agency shall contact the
3-12 office to determine whether a suitable training course is offered.
3-13 (e) The approval of the office is not necessary for a state
3-14 agency to provide another state agency with course materials,
3-15 manuals, and additional information that the agency has developed
3-16 or to work with another state agency to design a training program.
3-17 Sec. 15.07. COORDINATION OF EMPLOYEE WELLNESS AND HEALTH
3-18 FITNESS PROGRAMS. (a) The director shall designate an assistant
3-19 to serve as the state wellness program director.
3-20 (b) The state wellness program director shall coordinate all
3-21 state agency wellness and health fitness programs established under
3-22 the State Employees Health Fitness and Education Act of 1983
3-23 (Article 6252-27, Vernon's Texas Civil Statutes) and its subsequent
3-24 amendments. Each program is subject to the approval of the state
3-25 wellness program director.
3-26 Sec. 15.08. EMPLOYEE RELATIONS OMBUDSMAN. (a) The director
3-27 shall designate an assistant to serve as an employee relations
3-28 ombudsman to assist state agencies in establishing employee
3-29 mediation and assistance programs.
3-30 (b) The employee relations ombudsman shall:
3-31 (1) research the availability of employee mediation
3-32 and assistance programs and provide this information to state
3-33 agencies on request;
3-34 (2) provide training and guidance to state agencies in
3-35 acquiring employee mediation and assistance services;
3-36 (3) provide assistance to state agencies in soliciting
3-37 bids from and contracting with vendors who offer employee mediation
3-38 and assistance services; and
3-39 (4) monitor cost savings resulting from the
3-40 implementation of employee mediation and assistance programs.
3-41 Sec. 15.09. AGENCIES SHALL PROVIDE INFORMATION. State
3-42 agencies shall give the office copies of all job postings and
3-43 applications for employment and shall give other personnel
3-44 information to the office as requested by the director.
3-45 Sec. 15.10. FEES FOR SERVICES. The commission by rule shall
3-46 impose and provide for the collection of a fee to be assessed state
3-47 agencies for all services performed by the office. The amount of
3-48 the fee imposed under this section may not exceed the amount
3-49 estimated by the commission to be sufficient in the aggregate to
3-50 recover the costs of administering the office's programs. The
3-51 commission shall assess the fee against each agency in the
3-52 proportion that the number of classified employees of the agency
3-53 bears to the number of classified employees of the state.
3-54 Sec. 15.11. MEMORANDUM OF UNDERSTANDING WITH TEXAS
3-55 EMPLOYMENT COMMISSION. The commission shall enter into a
3-56 memorandum of understanding with the Texas Employment Commission to
3-57 facilitate the sharing of resources and services between the office
3-58 and the Texas Employment Commission and to avoid providing
3-59 duplicative services. Under the memorandum of understanding, the
3-60 office and the Texas Employment Commission may jointly participate
3-61 in projects to assist agencies with recruitment or other personnel
3-62 responsibilities.
3-63 Sec. 15.12. REPORT TO LEGISLATURE. In cooperation with
3-64 other state agencies, the commission shall by January 1, 1995,
3-65 furnish a report to the 74th Legislature regarding the status of
3-66 the implementation of this article and containing recommendations
3-67 regarding the appropriate powers and duties of the office, future
3-68 funding and staffing levels of the office, and elimination of
3-69 duplication in personnel functions among state agencies. This
3-70 section expires May 1, 1995.
4-1 SECTION 1.02. Sections 2, 3, 4, and 5, State Employees
4-2 Health Fitness and Education Act of 1983 (Article 6252-27, Vernon's
4-3 Texas Civil Statutes), are amended to read as follows:
4-4 Sec. 2. The legislature finds that effective state
4-5 administration is materially enhanced by programs designed to
4-6 encourage and create a condition of wellness and health fitness in
4-7 state administrators and employees, and that public money spent for
4-8 these programs serves <serve> an important public purpose. Among
4-9 the purposes that may be served by these programs are an
4-10 understanding and diminution of the health risk factors associated
4-11 with modern society's most debilitating diseases, development of
4-12 greater productivity and work capacity, reduction in absenteeism,
4-13 reduction of health insurance costs, and an increase in the general
4-14 level of health fitness.
4-15 Sec. 3. (a) A state department, institution, commission, or
4-16 agency may use available public funds for wellness and health
4-17 fitness education and activities and other health fitness related
4-18 costs. A state department, institution, commission, or agency may
4-19 also use available facilities for wellness and health fitness
4-20 programs.
4-21 (b) Each state department, institution, commission, and
4-22 agency shall designate an agency wellness coordinator who shall
4-23 coordinate the department's, institution's, commission's, or
4-24 agency's wellness and health fitness programs with the central
4-25 personnel services office of the General Services Commission.
4-26 Sec. 4. A state department, institution, commission, or
4-27 agency may, and is encouraged to, enter into agreements with other
4-28 state, local, or federal departments, institutions, commissions, or
4-29 agencies, including a state-supported college or university, or
4-30 other private, free, or low-cost wellness program providers to
4-31 present, join in presenting, or participate jointly in
4-32 state-sponsored wellness, health fitness education, or fitness
4-33 activity programs for its administrators and employees.
4-34 Sec. 5. (a) Each department, institution, commission, or
4-35 agency desiring to implement a wellness or health fitness program
4-36 shall develop a plan prior to such implementation which shall
4-37 address the participants, purpose, nature, duration, costs, and
4-38 expected results of such program. However, no such plan shall be
4-39 implemented until the program is approved in writing by the central
4-40 personnel services office of the General Services Commission <Texas
4-41 Department of Health>. If implementation of a plan requires the
4-42 expenditure of public funds, the program must also be approved in
4-43 writing by the governor or the governor's designated
4-44 representative.
4-45 (b) The central personnel services office shall coordinate
4-46 agency wellness and health fitness programs within all state
4-47 departments, institutions, commissions, and agencies. With the
4-48 cooperation of the Texas Department of Health, the office shall
4-49 develop the most cost-effective method to promote wellness and
4-50 health fitness programs within the agencies.
4-51 SECTION 1.03. The State Employees Health Fitness and
4-52 Education Act of 1983 (Article 6252-27, Vernon's Texas Civil
4-53 Statutes) is amended by adding Section 6 to read as follows:
4-54 Sec. 6. The board of trustees of the Employees Retirement
4-55 System of Texas shall develop a system for monitoring state agency
4-56 health care costs, including but not limited to the effect of
4-57 agency wellness and health fitness programs on sick-leave usage and
4-58 health care claims, and shall submit a report to the legislature by
4-59 July 1, 1994, giving details about that system. This section
4-60 expires January 1, 1995.
4-61 SECTION 1.04. Section 17, Texas Employees Uniform Group
4-62 Insurance Benefits Act (Article 3.50-2, Vernon's Texas Insurance
4-63 Code), is amended by adding Subsection (d) to read as follows:
4-64 (d) The trustee shall monitor the health care costs of each
4-65 state department participating in a state-sponsored wellness or
4-66 health fitness program under the State Employees Health Fitness and
4-67 Education Act of 1983 (Article 6252-27, Vernon's Texas Civil
4-68 Statutes) and its subsequent amendments. The trustee shall
4-69 determine the effect wellness and health fitness programs have on
4-70 sick-leave usage and health care claims of state employees. The
5-1 trustee shall annually report to the central personnel services
5-2 office of the General Services Commission on health care costs of
5-3 participating state departments and any savings resulting from the
5-4 implementation of wellness and health fitness programs.
5-5 SECTION 1.05. Subdivisions (2) and (3), Section 1, Chapter
5-6 80, Acts of the 65th Legislature, Regular Session, 1977 (Article
5-7 6252-11b, Vernon's Texas Civil Statutes), are amended to read as
5-8 follows:
5-9 (2) "Commission" means the General Services <Texas
5-10 Employment> Commission.
5-11 (3) "Office <Equal employment office>" means the
5-12 central personnel services office of the General Services
5-13 Commission <Equal Employment Opportunity Office within the
5-14 governor's office>.
5-15 SECTION 1.06. Sections 2, 3, and 4, Chapter 80, Acts of the
5-16 65th Legislature, Regular Session, 1977 (Article 6252-11b, Vernon's
5-17 Texas Civil Statutes), are amended to read as follows:
5-18 Sec. 2. Submission of Job Information. (a) When a job
5-19 vacancy occurs or is filled in Travis County within a state agency,
5-20 the agency shall complete and submit to the <commission and to the
5-21 equal employment> office as soon as possible the appropriate
5-22 information form prescribed by the commission regarding the job
5-23 vacancy or placement.
5-24 (b) As soon as possible at the beginning of each month, a
5-25 state agency that is required by federal law or regulation to
5-26 follow a merit system of personnel administration <which requires a
5-27 person to comply with the Merit System Council's employment
5-28 procedures> before employing a <the> person shall complete and
5-29 submit to the <commission and to the equal employment> office the
5-30 appropriate information form prescribed by the commission regarding
5-31 the job vacancies in Travis County subject to the merit system of
5-32 personnel administration <Merit System Council's employment
5-33 procedures> which were filled by the agency during the previous
5-34 month.
5-35 Sec. 3. Job Information Forms. The commission shall
5-36 prescribe forms for information from state agencies necessary for
5-37 the office <commission> to serve as a central processing agency for
5-38 state agency job opportunities in Travis County in accordance with
5-39 this Act.
5-40 Sec. 4. Use of Job Information. (a) The office
5-41 <commission> shall publicly list, in accordance with its
5-42 procedures, for at least 10 working days, notices of job vacancies
5-43 submitted to the office <commission> by a state agency under
5-44 Section 2(a) of this Act unless notified by the agency that the
5-45 vacancy has been filled.
5-46 (b) The office <commission> shall publicly post, in
5-47 accordance with its procedures, for a month, the information
5-48 submitted to the office <commission> by a state agency under
5-49 Section 2(b) of this Act. When a person expresses to the office
5-50 <commission> an interest in a job vacancy posted in accordance with
5-51 this subsection for which the office <commission> considers him
5-52 qualified, the office <commission> shall inform the person of the
5-53 appropriate merit system <Merit System Council> employment
5-54 procedures.
5-55 (c) When a person expresses to the office <commission> an
5-56 interest in a job vacancy listed in accordance with Subsection (a)
5-57 of this section for which the office <commission> considers him
5-58 qualified and which may be filled only after the person has
5-59 complied with merit system <the Merit System Council's> employment
5-60 procedures, the office <commission> shall inform the person of
5-61 those procedures.
5-62 SECTION 1.07. Section 2, Chapter 648, Acts of the 69th
5-63 Legislature, Regular Session, 1985 (Article 6252-16b, Vernon's
5-64 Texas Civil Statutes), is amended to read as follows:
5-65 Sec. 2. Each state agency that prepares <submits> an annual
5-66 report <to the governor's office> relating to equal employment
5-67 opportunities with that agency shall include in the report
5-68 statistical information <provided to the governor's office
5-69 information> relating to the number of handicapped persons employed
5-70 by the agency and shall submit the report to the office.
6-1 SECTION 1.08. Sections 4, 5, and 6, Position Classification
6-2 Act of 1961 (Article 6252-11, Vernon's Texas Civil Statutes), are
6-3 amended to read as follows:
6-4 Sec. 4. Commencing with the effective date of this Act, all
6-5 regular full-time salaried employments with the exceptions and
6-6 deferments specified hereinabove shall be made only in conformity
6-7 with the classes of work described in such Position Classification
6-8 Plan, and under the titles authorized by such Plan. The
6-9 Classification Officer <State Auditor> shall examine or cause to be
6-10 examined in periodic post-audits of expenditures of State
6-11 departments and agencies, and by such methods as he deems
6-12 appropriate and adequate, whether employments have been made in
6-13 accordance with the provisions of this Act, and shall report the
6-14 facts as found to the Governor, the Comptroller, the central
6-15 personnel services office of the General Services Commission and
6-16 the Legislative Audit Committee.
6-17 Sec. 5. (a) Nothing in this Act shall be construed or
6-18 applied by any officer or employee of the State as interfering in
6-19 any way with existing statutory authorizations for governing bodies
6-20 and executive heads to employ such persons as they may choose, or
6-21 to select for promotion from one class of employment to another
6-22 such employees as they may choose, or to dismiss from employment by
6-23 the State such employees as they may choose to dismiss.
6-24 (b) It is further provided that wherever the phrase "General
6-25 Qualifications Requirements," or any words or phrases of similar
6-26 meaning, are found in the Position Classification Plan established
6-27 by this Act, such specifications thereunder as may be set forth for
6-28 experience and training, or for education, or for knowledges,
6-29 skills and abilities, or for physical conditions, shall only mean
6-30 those which are commonly desired by employing officers of the
6-31 State; and such indicated requirements shall not be interpreted as
6-32 having the force of law.
6-33 (c) The preceding two paragraphs of this Section, however,
6-34 shall not be construed as abrogating statutory authorizations for
6-35 certain State agencies to operate under employee merit systems as a
6-36 condition for qualifying for Federal grants-in-aid; and all such
6-37 merit systems as have been or may hereafter be agreed to by the
6-38 respective State agencies and agencies of the U.S. Government shall
6-39 be in full force and effect, subject only to the applicable laws of
6-40 this State.
6-41 (d) Should any governing board or executive head of an
6-42 agency affected by the provisions of this Act find need for the
6-43 employment of a person in a class or kind of work which he believes
6-44 is not described in the Position Classification Plan, such board or
6-45 executive head shall notify the Classification Officer of the
6-46 facts, and such Classification Officer shall promptly provide,
6-47 within the limitations of the General Appropriations Act <and
6-48 subject to the approval of the State Auditor after obtaining the
6-49 advice of the Legislative Audit Committee>, either an existing or a
6-50 new class description of work and a corresponding salary range
6-51 which will permit such needed employment. Notification of such
6-52 action shall be made to the Comptroller of Public Accounts by the
6-53 Classification Officer. Nothing in this paragraph or in this Act,
6-54 however, shall be so construed as to authorize an increase in the
6-55 number of positions or in the amount of appropriations as may be
6-56 set forth for any such agency in the General Appropriations Act.
6-57 Sec. 6. (a) The <There is hereby established in the office
6-58 of the State Auditor the position of Classification Officer. The
6-59 Classification Officer shall be appointed by the State Auditor,
6-60 subject to the advice and approval of the Legislative Audit
6-61 Committee. No person shall be appointed to the office of
6-62 Classification Officer who has not had a minimum of six (6) years
6-63 experience in position classification or personnel management work,
6-64 or an equivalent period of experience in related work in State
6-65 employment as to peculiarly qualify him for the position. Such
6-66 Classification Officer shall be paid such annual salary as may be
6-67 set in the Appropriations Act, and shall have for the performance
6-68 of his duties such assistance as the State Auditor may assign to
6-69 him from the appropriations provided for that purpose.>
6-70 <(b) The Classification Officer may, subject to the approval
7-1 of the State Auditor and the Legislative Audit Committee, appoint a
7-2 First Assistant Classification Officer to whom he may delegate in
7-3 his absence statutory authority and responsibility as is provided
7-4 the Classification Officer in this Act and other acts relating to
7-5 the Position Classification Plan.>
7-6 <(c) The Classification Officer also may have at his
7-7 disposal when available without charge the use of the data
7-8 processing center in the office of the Comptroller of Public
7-9 Accounts for purposes of processing any position classification
7-10 data that might be pertinent and useful.>
7-11 <(d) In accordance with the provisions of law, the>
7-12 Classification Officer is employed by the central personnel
7-13 services office of the General Services Commission and shall
7-14 maintain on a current and accurate basis the Position
7-15 Classification Plan, advise and assist State agencies to insure
7-16 equitable and uniform application of such Plan, conduct <assist in>
7-17 personnel audits to assure conformity, and make such
7-18 recommendations as <he may think> necessary and desirable
7-19 respecting the operation and improvement of the Position
7-20 Classification Plan to the Governor and the Legislature.
7-21 (b) The central personnel services office, through the <The>
7-22 Classification Officer, also shall make periodic studies of salary
7-23 rates paid in industry and other governmental units for like or
7-24 similar work performed in the State Government, and shall report
7-25 its <his> findings and recommendations for the realistic adjustment
7-26 of State salary ranges to the Governor's Budget Office and to the
7-27 Legislative Budget Board by not later than October 1st immediately
7-28 preceding a Regular Session of the Legislature.
7-29 (c) <(e)> When exceptions to or violations of the Position
7-30 Classification Plan or of prescribed salary ranges are revealed by
7-31 personnel audits, the Classification Officer shall notify the
7-32 agency head in writing and specify the points of nonconformity or
7-33 violation. The executive head of such agency shall then have
7-34 reasonable opportunity to resolve the exception or end the
7-35 violation by reassigning the employee to another position title or
7-36 class consistent with the work actually performed, by changing the
7-37 employee's title or salary rate to conform to the prescribed
7-38 Classification Plan and salary range, or by obtaining a new class
7-39 description of work and salary range to correct the exception or
7-40 violation.
7-41 (d) <(f)> If no action is taken by the executive head of
7-42 such agency to correct or end the exception or violation within
7-43 twenty (20) calendar days following the date of the written
7-44 notification made by the Classification Officer, such Officer shall
7-45 make a written report of the facts to the Governor, <and> the
7-46 Legislative Budget Board, and the central personnel services
7-47 office. The central personnel services office <Governor> may then
7-48 determine<, after obtaining the advice of the Legislative Audit
7-49 Committee,> the action to be taken in correcting the exception or
7-50 violation and may<, within his discretion,> direct the Comptroller
7-51 not to issue payroll warrants for the employee or for the position
7-52 affected by the exception or violation until such discrepancy has
7-53 been corrected.
7-54 SECTION 1.09. Subsection (a), Section 3, State Employees
7-55 Training Act of 1969 (Article 6252-11a, Vernon's Texas Civil
7-56 Statutes), is amended to read as follows:
7-57 (a) A state department, institution, or agency may use
7-58 available public funds to provide training and education for its
7-59 administrators and employees after receiving approval from the
7-60 central personnel services office of the General Services
7-61 Commission. The <Where considered appropriate by the> department,
7-62 institution, or agency<, it> may expend public funds to pay the
7-63 salary, tuition and other fees, travel and living expenses,
7-64 training stipend, training materials costs and other necessary
7-65 expenses of the instructor, student, and other participant in the
7-66 training or education program. A department, institution, or
7-67 agency may enter into an agreement with another state, local, or
7-68 federal department, institution, or agency, including a
7-69 state-supported college or university, to present a training or
7-70 educational program for its administrators and employees or to join
8-1 in presenting such a program. Among the purposes that may be
8-2 served by these training and educational programs are preparation
8-3 to deal with new technological and legal developments, development
8-4 of additional work capabilities, increasing the number of qualified
8-5 employees in areas designated by institutions of higher education
8-6 as having an acute faculty shortage, and increasing the level of
8-7 competence.
8-8 SECTION 1.10. Section 5, State Employees Training Act of
8-9 1969 (Article 6252-11a, Vernon's Texas Civil Statutes), is amended
8-10 to read as follows:
8-11 Sec. 5. Each department, institution, and agency shall make
8-12 regulations concerning the eligibility of its administrators and
8-13 employees for training and education supported by it and the
8-14 obligations assumed by the administrators and employees upon
8-15 receiving this training and education. However, no such regulation
8-16 shall be made effective, and no public funds shall be expended
8-17 under such regulation, until the regulation is approved in writing
8-18 by the central personnel services office of the General Services
8-19 Commission and the governor.
8-20 SECTION 1.11. (a) The equal employment opportunity office
8-21 in the governor's office is abolished. Any reference in law to the
8-22 equal employment opportunity office on the effective date of this
8-23 Act means the central personnel services office.
8-24 (b) The records and other property of the equal employment
8-25 opportunity office on the effective date of this Act are
8-26 transferred to the central personnel services office.
8-27 (c) The classification officer and the records and other
8-28 property of the state auditor's office that relate primarily to the
8-29 administration of the state position classification plan are
8-30 transferred to the central personnel services office. The state
8-31 auditor shall determine which records and other property are to be
8-32 transferred under this subsection.
8-33 (d) A rule adopted by the equal employment opportunity
8-34 office or the classification officer that is in effect on the
8-35 effective date of this Act continues in effect until it is
8-36 superseded by a rule of the General Services Commission or until it
8-37 expires by its own terms.
8-38 ARTICLE 2. REVIEW OF POSITION CLASSIFICATION PLAN
8-39 SECTION 2.01. DEFINITIONS. In this article:
8-40 (1) "Commission" means the General Services
8-41 Commission.
8-42 (2) "Position classification plan" means the plan
8-43 established under the Position Classification Act of 1961 (Article
8-44 6252-11, Vernon's Texas Civil Statutes) and its subsequent
8-45 amendments.
8-46 SECTION 2.02. DUTIES OF COMMISSION. (a) The commission
8-47 shall review the position classification plan and advise the
8-48 governor and the legislature with respect to improving the position
8-49 classification plan.
8-50 (b) The commission shall contract with a private consultant
8-51 to conduct a study as a basis for the commission to use in making
8-52 recommendations on:
8-53 (1) pay for performance;
8-54 (2) market-based salaries;
8-55 (3) evaluation procedures;
8-56 (4) dual-pay structures for classified and
8-57 professional employees;
8-58 (5) employee incentive programs; and
8-59 (6) other relevant compensation and benefits issues.
8-60 SECTION 2.03. COOPERATION OF CERTAIN STATE AGENCIES IN
8-61 CONDUCT OF STUDY. The state auditor, the comptroller, and the
8-62 Employees Retirement System of Texas shall:
8-63 (1) cooperate with and assist the consultant selected
8-64 to conduct the study; and
8-65 (2) provide staff to assist the consultant and the
8-66 commission as necessary for the performance of the consultant's and
8-67 the commission's duties under this article.
8-68 SECTION 2.04. WORK PLAN; STEERING COMMITTEE. (a) The
8-69 commission shall adopt a work plan and establish a steering
8-70 committee to assist in the review of the position classification
9-1 plan.
9-2 (b) The work plan shall clearly articulate the goals of the
9-3 position classification plan.
9-4 (c) The steering committee shall be composed of personnel
9-5 officers of state agencies and institutions of higher education and
9-6 members of the staffs of the governor, lieutenant governor, and
9-7 speaker of the house.
9-8 SECTION 2.05. DESIGN OF CLASSIFICATION PLAN. In addition to
9-9 the review of the position classification plan, the commission
9-10 shall:
9-11 (1) design a classification system that accomplishes
9-12 the goals that the system should have and determine the costs and
9-13 benefits associated with that classification system; and
9-14 (2) provide recommendations about whether:
9-15 (A) the legislature should continue to authorize
9-16 across-the-board salary increases for state officers and employees;
9-17 (B) agencies should be required to support
9-18 requests for funding of employee salary increases with documented
9-19 employee performance reports and relevant market-based salary
9-20 information; and
9-21 (C) the commission should administer the state's
9-22 employee insurance plan.
9-23 SECTION 2.06. ASSISTANCE FROM STATE AGENCIES. The
9-24 commission may require any state agency to assist the commission
9-25 and provide information required for the commission to perform its
9-26 duties under this article, and each agency shall cooperate with the
9-27 commission in that regard.
9-28 SECTION 2.07. REPORT. The commission shall complete its
9-29 duties under this article, report its findings, and make its
9-30 recommendations before November 1, 1994.
9-31 SECTION 2.08. EXPIRATION DATE. This article expires January
9-32 1, 1995.
9-33 ARTICLE 3. EFFECTIVE DATE; EMERGENCY
9-34 SECTION 3.01. EFFECTIVE DATE. This Act takes effect
9-35 September 1, 1993.
9-36 SECTION 3.02. EMERGENCY. The importance of this legislation
9-37 and the crowded condition of the calendars in both houses create an
9-38 emergency and an imperative public necessity that the
9-39 constitutional rule requiring bills to be read on three several
9-40 days in each house be suspended, and this rule is hereby suspended.
9-41 * * * * *
9-42 Austin,
9-43 Texas
9-44 February 24,
9-45 1993
9-46 Hon. Bob Bullock
9-47 President of the Senate
9-48 Sir:
9-49 We, your Committee on State Affairs to which was referred S.B. No.
9-50 385, have had the same under consideration, and I am instructed to
9-51 report it back to the Senate with the recommendation that it do not
9-52 pass, but that the Committee Substitute adopted in lieu thereof do
9-53 pass and be printed.
9-54 Harris of
9-55 Dallas, Chairman
9-56 * * * * *
9-57 WITNESSES
9-58 FOR AGAINST ON
9-59 ___________________________________________________________________
9-60 Name: Elaine Powell x
9-61 Representing: TX Incentive & Productivity
9-62 Co
9-63 City: Austin
9-64 -------------------------------------------------------------------
9-65 Name: Sharon Leggett x
9-66 Representing: State Auditor's Office
9-67 City: Austin
9-68 -------------------------------------------------------------------
9-69 Name: Vicki Tynan x
9-70 Representing: Comptroller's Office
10-1 City: Austin
10-2 -------------------------------------------------------------------
10-3 Name: Tina Holmes x
10-4 Representing: State Comptroller
10-5 City: Austin
10-6 -------------------------------------------------------------------
10-7 Name: Rehan Giguere x
10-8 Representing: Comptroller's Office
10-9 City: Austin
10-10 -------------------------------------------------------------------
10-11 Name: Joe Nelson x
10-12 Representing: Tx Public Employees Assn
10-13 City: Austin
10-14 -------------------------------------------------------------------