By Gray H.B. No. 1399
74R3961 PEP-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Office of
1-3 State-Federal Relations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 751.003, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 751.003. Sunset Provision. The Office of State-Federal
1-8 Relations is subject to Chapter 325 (Texas Sunset Act). Unless
1-9 continued in existence as provided by that chapter, the office is
1-10 abolished and this chapter expires September 1, 2007 <1995>.
1-11 SECTION 2. Section 751.002, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 751.002. Office of State-Federal Relations. (a) The
1-14 Office of State-Federal Relations is an agency of the state and
1-15 operates within the executive department.
1-16 (b) The office is subject to the administrative procedure
1-17 law, Chapter 2001.
1-18 SECTION 3. Section 751.005, Government Code, is amended by
1-19 amending Subsection (b) and adding Subsection (d) to read as
1-20 follows:
1-21 (b) The director shall:
1-22 (1) help coordinate state and federal programs dealing
1-23 with the same subject;
1-24 (2) inform the governor and the legislature of federal
2-1 programs that may be carried out in the state or that affect state
2-2 programs;
2-3 (3) provide federal agencies and the United States
2-4 Congress with information about state policy and state conditions
2-5 on matters that concern the federal government;
2-6 (4) provide the legislature with information useful in
2-7 measuring the effect of federal actions on the state and local
2-8 programs; <and>
2-9 (5) prepare and supply to the governor and all members
2-10 of the legislature an annual report that:
2-11 (A) describes the office's operations;
2-12 (B) contains the office's priorities and
2-13 strategies for the following year;
2-14 (C) details projects and legislation pursued by
2-15 the office;
2-16 (D) discusses issues in the following
2-17 congressional session of interest to this state; and
2-18 (E) contains an analysis of federal funds
2-19 availability and formulae; and
2-20 (6) prepare annually a complete and detailed written
2-21 report accounting for all funds received and disbursed by the
2-22 office during the preceding fiscal year.
2-23 (d) The annual report required under Subsection (b)(6) must
2-24 meet the reporting requirements applicable to financial reporting
2-25 provided in the General Appropriations Act.
2-26 SECTION 4. Section 751.006, Government Code, is amended to
2-27 read as follows:
3-1 Sec. 751.006. STAFF; PERSONNEL POLICIES <CAREER LADDER
3-2 PROGRAM>. (a) The director may employ staff necessary to carry
3-3 out the director's powers and duties under this chapter. The
3-4 director or the director's designee shall provide to office
3-5 employees, as often as necessary, information regarding their
3-6 qualification for employment under this chapter and their
3-7 responsibilities under applicable laws relating to standards of
3-8 conduct for state employees.
3-9 (b) The director or the director's designee shall develop an
3-10 intraagency career ladder program that addresses opportunities for
3-11 mobility and advancement for employees within the office. The
3-12 program shall require <includes the> intraagency posting of all
3-13 <nonentry level> positions concurrently with <for at least 10 days
3-14 before the date of> any public posting.
3-15 (c) The director or the director's designee shall develop a
3-16 system of annual performance evaluations that are based on
3-17 documented employee performance. All <measurable job tasks and>
3-18 merit pay for office employees <staff> must be based on the <this>
3-19 system established under this subsection.
3-20 (d) The director or the director's designee shall prepare
3-21 and maintain a written policy statement to assure implementation of
3-22 a program of equal employment opportunity under which all personnel
3-23 transactions are made without regard to race, color, disability,
3-24 sex, religion, age, or national origin. The policy statement must
3-25 include:
3-26 (1) personnel policies, including policies relating to
3-27 recruitment, evaluation, selection, appointment, training, and
4-1 promotion of personnel that are in compliance with the requirements
4-2 of Chapter 21, Labor Code;
4-3 (2) a comprehensive analysis of the office workforce
4-4 that meets federal and state guidelines;
4-5 (3) procedures by which a determination can be made
4-6 about the extent of underuse in the office workforce of all persons
4-7 for whom federal or state guidelines encourage a more equitable
4-8 balance; and
4-9 (4) reasonable methods to appropriately address those
4-10 areas of underuse.
4-11 (e) A policy statement prepared under Subsection (d) must
4-12 cover an annual period, be updated annually and reviewed by the
4-13 Texas Commission on Human Rights for compliance with Subsection
4-14 (d)(1), and be filed with the governor's office.
4-15 (f) The governor's office shall deliver a biennial report to
4-16 the legislature based on the information received under Subsection
4-17 (e). The report may be made separately or as a part of other
4-18 biennial reports made to the legislature.
4-19 (g) The director and the staff of the office working in
4-20 Washington, D.C., may receive the same cost-of-living salary
4-21 adjustment as is established for an employee of another state
4-22 agency under Section 751.012(d).
4-23 SECTION 5. Section 751.008, Government Code, is amended to
4-24 read as follows:
4-25 Sec. 751.008. Public Information and Complaints. (a) The
4-26 director shall:
4-27 (1) prepare information of public interest describing
5-1 the <director's> functions of the office and the procedures by
5-2 which complaints are filed with and resolved by the office and
5-3 <director;>
5-4 <(2)> make the information available to the public and
5-5 appropriate state agencies; and
5-6 (2) establish methods by which consumers and service
5-7 recipients are notified of the name, mailing address, and a
5-8 telephone number of the office for the purpose of directing
5-9 complaints to the office
5-10 <(3) maintain an information file on each complaint
5-11 filed relating to an office activity>.
5-12 (b) The office shall keep information about each complaint
5-13 filed with the office. The information shall include:
5-14 (1) the date the complaint is received;
5-15 (2) the name of the complainant;
5-16 (3) the subject matter of the complaint;
5-17 (4) a record of all persons contacted in relation to
5-18 the complaint;
5-19 (5) a summary of the results of the review or
5-20 investigation of the complaint; and
5-21 (6) for complaints for which the office took no
5-22 action, an explanation of the reason the complaint was closed
5-23 without action.
5-24 (c) The office shall keep a file about each written
5-25 complaint filed with the office that the office has authority to
5-26 resolve. The office shall provide to the person filing the
5-27 complaint and the persons or entities complained about the office's
6-1 policies and procedures pertaining to complaint investigation and
6-2 resolution. The office <If a written complaint relating to an
6-3 office activity is filed with the director, the director>, at least
6-4 quarterly and until final disposition of the complaint, shall
6-5 notify the person filing the complaint and the persons or entities
6-6 complained about <parties to the complaint> of the status of the
6-7 complaint unless the notice would jeopardize an undercover
6-8 investigation.
6-9 SECTION 6. Section 751.010, Government Code, is amended by
6-10 amending Subsections (c) and (e) and adding Subsection (f) to read
6-11 as follows:
6-12 (c) The board, by majority vote, shall select a presiding
6-13 officer <chairman> of the board.
6-14 (e) The board shall meet before the beginning of each
6-15 congressional session and at the call of the presiding officer
6-16 <chairman>.
6-17 (f) The board shall work with the director to hold periodic
6-18 meetings in the city of Austin at times determined by the presiding
6-19 officer to discuss upcoming federal activities and issues with
6-20 state agency representatives.
6-21 SECTION 7. Section 751.011, Government Code, is amended to
6-22 read as follows:
6-23 Sec. 751.011. Board Duties. (a) The board shall review the
6-24 office's priorities and strategies set forth in the annual report
6-25 and deliver to the director any suggested modifications.
6-26 (b) The board shall review any interagency contract under
6-27 Section 751.012 and shall approve a contract only if the contract
7-1 meets the requirements of that section.
7-2 SECTION 8. Section 751.012, Government Code, is amended to
7-3 read as follows:
7-4 Sec. 751.012. Interagency Contracts. (a) The office may
7-5 enter into interagency contracts with other state agencies to
7-6 locate staff of the other state agency in Washington, D.C., to work
7-7 under the office's supervision.
7-8 (b) The office shall enter into a contract described by
7-9 Subsection (a) with the Legislative Budget Board.
7-10 (c) A contract under this section must include provisions
7-11 under which staff of the other state agency:
7-12 (1) report directly to that agency's administrative
7-13 head or the presiding officer of that agency's governing body;
7-14 (2) have an officially recognized role in that
7-15 agency's budget planning process;
7-16 (3) provide periodic updates of activities at meetings
7-17 of that agency's governing body; and
7-18 (4) receive a salary set by the state auditor under
7-19 Subsection (d).
7-20 (d) The state auditor shall establish a salary schedule for
7-21 state employees subject to a contract under this section. The
7-22 schedule shall:
7-23 (1) be based on specifications for expertise and
7-24 experience in state-federal relations; and
7-25 (2) include a standard cost-of-living adjustment to
7-26 compensate an employee for the cost of living in Washington, D.C.
7-27 (e) A state agency identified by the Legislative Budget
8-1 Board as receiving significant federal funding or significantly
8-2 affected by federal policy decisions, other than a state agency
8-3 that is headed by a statewide-elected official, shall:
8-4 (1) develop a plan of state-federal coordination;
8-5 (2) study the benefits of entering a contract under
8-6 Subsection (a); and
8-7 (3) submit the coordination plan and study to the
8-8 office and to the Legislative Budget Board.
8-9 (f) The Health and Human Services Commission shall satisfy
8-10 the requirements of Subsection (e) for all health and human
8-11 services agencies listed in Section 19, Article 4413(502), Revised
8-12 Statutes.
8-13 SECTION 9. Subchapter A, Chapter 751, Government Code, is
8-14 amended by adding Section 751.013 to read as follows:
8-15 Sec. 751.013. PROGRAM AND FACILITY ACCESSIBILITY. The
8-16 office shall comply with federal and state laws related to program
8-17 and facility accessibility. The director shall also prepare and
8-18 maintain a written plan that describes how a person who does not
8-19 speak English can be provided reasonable access to the office's
8-20 programs and services.
8-21 SECTION 10. Subchapter A, Chapter 751, Government Code, is
8-22 amended by adding Section 751.014 to read as follows:
8-23 Sec. 751.014. FUNDS SUBJECT TO STATE FUNDS REFORM ACT. All
8-24 money paid to the office under this chapter is subject to
8-25 Subchapter F, Chapter 404.
8-26 SECTION 11. Subchapter B, Chapter 751, Government Code, is
8-27 amended by adding Section 751.023 to read as follows:
9-1 Sec. 751.023. AGENCY COMMUNICATIONS. A state agency shall,
9-2 to the extent practicable, contact the office before the agency
9-3 provides information to a federal agency or to the United States
9-4 Congress about state policy or conditions. This section does not
9-5 apply to a state agency that is headed by a statewide-elected
9-6 official.
9-7 SECTION 12. Subchapter B, Chapter 751, Government Code, is
9-8 amended by adding Section 751.024 to read as follows:
9-9 Sec. 751.024. REPORTS TO LEGISLATIVE BUDGET BOARD. (a) A
9-10 state agency that applies for federal grant or loan assistance or
9-11 that requests a waiver from federal program funding requirements
9-12 shall, not later than the 30th day after the date on which the
9-13 agency submits its application or request, submit to the
9-14 Legislative Budget Board a report on the application or request on
9-15 a form prescribed by the Legislative Budget Board.
9-16 (b) In prescribing a report form under Subsection (a), the
9-17 Legislative Budget Board shall consult with the director.
9-18 SECTION 13. The Office of State-Federal Relations shall
9-19 enter into a contract with the Legislative Budget Board, as
9-20 required by Section 751.012(b), Government Code, as added by this
9-21 Act, by January 1, 1996.
9-22 SECTION 14. This Act takes effect September 1, 1995.
9-23 SECTION 15. The importance of this legislation and the
9-24 crowded condition of the calendars in both houses create an
9-25 emergency and an imperative public necessity that the
9-26 constitutional rule requiring bills to be read on three several
9-27 days in each house be suspended, and this rule is hereby suspended.