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  -------------------------------------------------------------------