By Black H.B. No. 1961
74R3799 MJW-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the State
1-3 Preservation Board.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 443.002, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 443.002. Sunset Provision. The State Preservation
1-8 Board is subject to Chapter 325 (Texas Sunset Act). Unless
1-9 continued in existence as provided by that chapter, the board is
1-10 abolished and this chapter expires September 1, 1997 <1995>.
1-11 SECTION 2. Section 443.003(a), Government Code, is amended
1-12 to read as follows:
1-13 (a) The board consists of the governor, lieutenant governor,
1-14 speaker of the house of representatives, one senator appointed by
1-15 the lieutenant governor, one representative appointed by the
1-16 speaker of the house of representatives, and one member appointed
1-17 by the governor. The board member appointed by the governor must
1-18 be a representative of the general public. A person is not
1-19 eligible for appointment as the public member of the board if the
1-20 person or the person's spouse:
1-21 (1) is employed by or participates in the management
1-22 of a business entity or other organization receiving funds from the
1-23 board;
1-24 (2) owns or controls, directly or indirectly, more
2-1 than a 10 percent interest in a business entity receiving funds
2-2 from the board; or
2-3 (3) uses or receives a substantial amount of tangible
2-4 goods, services, or funds from the board, other than compensation
2-5 or reimbursement authorized by law for board membership,
2-6 attendance, or expenses.
2-7 SECTION 3. Chapter 443, Government Code, is amended by
2-8 adding Sections 443.0031-443.0033 to read as follows:
2-9 Sec. 443.0031. LOBBYING PROHIBITION. A person may not serve
2-10 as the public member of the board or act as the general counsel to
2-11 the board if the person is required to register as a lobbyist under
2-12 Chapter 305 because of the person's activities for compensation on
2-13 behalf of a profession related to the operation of the board.
2-14 Sec. 443.0032. ANTIDISCRIMINATION POLICY FOR APPOINTMENTS TO
2-15 BOARD. Appointments to the board shall be made without regard to
2-16 the race, color, disability, sex, religion, age, or national origin
2-17 of the appointees.
2-18 Sec. 443.0033. GROUNDS FOR REMOVAL FROM BOARD. (a) It is a
2-19 ground for removal from the board if the public member:
2-20 (1) violates a prohibition established by Section
2-21 443.0031;
2-22 (2) cannot because of illness or disability discharge
2-23 the member's duties for a substantial part of the term for which
2-24 the member is appointed; or
2-25 (3) is absent from more than half of the regularly
2-26 scheduled board meetings that the member is eligible to attend
2-27 during a calendar year unless the absence is excused by majority
3-1 vote of the board.
3-2 (b) The validity of an action of the board is not affected
3-3 by the fact that it is taken when a ground for removal of a board
3-4 member exists.
3-5 (c) If the executive director has knowledge that a potential
3-6 ground for removal exists, the executive director shall notify the
3-7 governor of the potential ground. The governor shall then notify
3-8 the attorney general that a potential ground for removal exists.
3-9 SECTION 4. Chapter 443, Government Code, is amended by
3-10 adding Sections 443.0041-443.0048 to read as follows:
3-11 Sec. 443.0041. APPLICATION OF OPEN MEETINGS AND
3-12 ADMINISTRATIVE PROCEDURE LAWS. The board is subject to the open
3-13 meetings law, Chapter 551, and the administrative procedure law,
3-14 Chapter 2001.
3-15 Sec. 443.0042. INFORMATION ON RESPONSIBILITIES OF BOARD
3-16 MEMBERS AND EMPLOYEES. The executive director or the executive
3-17 director's designee shall provide to members of the board and to
3-18 board employees, as often as necessary, information regarding their
3-19 responsibilities under applicable laws relating to standards of
3-20 conduct for state officers or employees.
3-21 Sec. 443.0043. SEPARATION OF POLICYMAKING AND MANAGEMENT
3-22 RESPONSIBILITIES. The board shall develop and implement policies
3-23 that clearly separate the policymaking responsibilities of the
3-24 board and the management responsibilities of the executive director
3-25 and the staff of the board.
3-26 Sec. 443.0044. ACCESSIBILITY PLAN AND COMPLIANCE. The board
3-27 shall comply with federal and state laws related to program and
4-1 facility accessibility. The executive director shall also prepare
4-2 and maintain a written plan that describes how a person who does
4-3 not speak English can be provided reasonable access to the board's
4-4 programs and services.
4-5 Sec. 443.0045. PUBLIC NOTIFICATION OF BOARD ACTIVITIES. (a)
4-6 The board shall prepare information of public interest describing
4-7 the functions of the board and the procedures by which complaints
4-8 are filed with and resolved by the board. The board shall make the
4-9 information available to the public and appropriate agencies.
4-10 (b) The board by rule shall establish methods by which
4-11 consumers and service recipients are notified of the name, mailing
4-12 address, and telephone number of the board for the purpose of
4-13 directing complaints to the board. The board may provide for that
4-14 notification on brochures and other educational or informational
4-15 publications distributed by the board.
4-16 Sec. 443.0046. PUBLIC TESTIMONY AT BOARD MEETINGS. The
4-17 board shall develop and implement policies that provide the public
4-18 with a reasonable opportunity to appear before the board and to
4-19 speak on any issue under the jurisdiction of the board.
4-20 Sec. 443.0047. MAINTAINING INFORMATION ON COMPLAINTS FILED
4-21 WITH BOARD. The board shall keep information about each complaint
4-22 filed with the board. The information shall include:
4-23 (1) the date the complaint is received;
4-24 (2) the name of the complainant;
4-25 (3) the subject matter of the complaint;
4-26 (4) a record of all persons contacted in relation to
4-27 the complaint;
5-1 (5) a summary of the results of the review or
5-2 investigation of the complaint; and
5-3 (6) for complaints for which the board took no action,
5-4 an explanation of the reason the complaint was closed without
5-5 action.
5-6 Sec. 443.0048. INFORMATION ON STATUS OF COMPLAINTS. The
5-7 board shall keep a file about each written complaint filed with the
5-8 board that the board has authority to resolve. The board shall
5-9 provide to the person filing the complaint and the persons or
5-10 entities complained about the board's policies and procedures
5-11 pertaining to complaint investigation and resolution. The board,
5-12 at least quarterly and until final disposition of the complaint,
5-13 shall notify the person filing the complaint and the persons or
5-14 entities complained about of the status of the complaint.
5-15 SECTION 5. Section 443.0051, Government Code, is amended by
5-16 adding Subsection (c) to read as follows:
5-17 (c) The executive director shall prepare annually a complete
5-18 and detailed written report accounting for all funds received and
5-19 disbursed by the board during the preceding fiscal year. The
5-20 annual report must meet the reporting requirements applicable to
5-21 financial reporting provided in the General Appropriations Act.
5-22 SECTION 6. Chapter 443, Government Code, is amended by
5-23 adding Sections 443.0052 and 443.0053 to read as follows:
5-24 Sec. 443.0052. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
5-25 executive director or the executive director's designee shall
5-26 prepare and maintain a written policy statement to assure
5-27 implementation of a program of equal employment opportunity under
6-1 which all personnel transactions are made without regard to race,
6-2 color, disability, sex, religion, age, or national origin. The
6-3 policy statement must include:
6-4 (1) personnel policies, including policies relating to
6-5 recruitment, evaluation, selection, appointment, training, and
6-6 promotion of personnel that are in compliance with requirements of
6-7 Chapter 21, Labor Code;
6-8 (2) a comprehensive analysis of the board workforce
6-9 that meets federal and state guidelines;
6-10 (3) procedures by which a determination can be made
6-11 about the extent of underuse in the board workforce of all persons
6-12 for whom federal or state guidelines encourage a more equitable
6-13 balance; and
6-14 (4) reasonable methods to appropriately address those
6-15 areas of underuse.
6-16 (b) A policy statement prepared under Subsection (a) must
6-17 cover an annual period, be updated annually and reviewed by the
6-18 Texas Commission on Human Rights for compliance with Subsection
6-19 (a)(1), and be filed with the governor's office.
6-20 (c) The governor's office shall deliver a biennial report to
6-21 the legislature based on the information received under Subsection
6-22 (b). The report may be made separately or as a part of other
6-23 biennial reports made to the legislature.
6-24 Sec. 443.0053. EMPLOYEE PERFORMANCE EVALUATIONS. The
6-25 executive director or the executive director's designee shall
6-26 develop a system of annual performance evaluations that are based
6-27 on documented employee performance. All merit pay for board
7-1 employees must be based on the system established under this
7-2 section.
7-3 SECTION 7. Chapter 443, Government Code, is amended by
7-4 adding Section 443.0102 to read as follows:
7-5 Sec. 443.0102. APPLICATION OF STATE FUNDS REFORM ACT. (a)
7-6 Except as provided by Subsection (b), all money paid to the board
7-7 under this chapter is subject to Subchapter F, Chapter 404.
7-8 (b) The Capitol fund created by Section 443.0101 is not
7-9 subject to Subchapter F, Chapter 404. A provision of this chapter
7-10 or other law that provides for the deposit of money or another
7-11 thing of value into the fund prevails over Subchapter F, Chapter
7-12 404.
7-13 SECTION 8. This Act takes effect September 1, 1995.
7-14 SECTION 9. The importance of this legislation and the
7-15 crowded condition of the calendars in both houses create an
7-16 emergency and an imperative public necessity that the
7-17 constitutional rule requiring bills to be read on three several
7-18 days in each house be suspended, and this rule is hereby suspended.