By Solis H.B. No. 2648 74R5675 MLR-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to a multilingual pay differential for certain state 1-3 employees. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Subchapter E, Chapter 659, Government Code, is 1-6 amended by adding Section 659.063 to read as follows: 1-7 Sec. 659.063. MULTILINGUAL PERSONNEL; PAY DIFFERENTIAL. (a) 1-8 In this section, "multilingual employee" means a person who in the 1-9 performance of the person's duties is capable of effectively 1-10 translating orally a language other than English into English and, 1-11 when necessary, translating the language into written English. The 1-12 term includes a person who can interpret American sign language 1-13 (Ameslan). 1-14 (b) This section applies only to the Texas Employment 1-15 Commission, the Texas Department of Human Services, the Texas 1-16 Department of Protective and Regulatory Services, and any other 1-17 state agency determined by the Texas Employment Commission to be 1-18 appropriate for implementation of this section. The Texas 1-19 Employment Commission by rule shall prescribe the criteria for 1-20 making a determination under this subsection. 1-21 (c) In addition to other benefits of employment provided by 1-22 law, an eligible employee who is certified as multilingual is 1-23 entitled to a multilingual pay differential in the following 1-24 amount: 2-1 (1) 2.5 percent of the employee's monthly salary or 2-2 wages to a maximum of $60 a month for a multilingual employee who 2-3 uses an additional language skill for not less than 15 percent or 2-4 more than 50 percent of the employee's time or work; and 2-5 (2) 5.1 percent of the employee's monthly salary or 2-6 wages to a maximum of $125 a month for a multilingual employee who 2-7 uses an additional language skill for more than 50 percent of the 2-8 employee's time or work. 2-9 (d) A certified multilingual employee is eligible for the 2-10 multilingual pay differential if the use of an additional language 2-11 skill occupies not less than 15 percent of the employee's time or 2-12 work or the employee's assigned position includes translating 2-13 while: 2-14 (1) interviewing monolingual non-English-speaking 2-15 persons; 2-16 (2) preparing documents; 2-17 (3) helping a non-English-speaking person with an 2-18 emergency; or 2-19 (4) teaching a subject other than a language in a 2-20 language other than English. 2-21 (e) A certified multilingual employee who is in a 2-22 supervisory position is eligible for the multilingual pay 2-23 differential if the employee meets the requirements of Subsection 2-24 (d). 2-25 (f) A certified multilingual employee is not eligible for 2-26 the multilingual pay differential if the employee: 2-27 (1) is in a supervisory position and only supervises 3-1 other multilingual employees; 3-2 (2) holds an exempt position; 3-3 (3) teaches a language; or 3-4 (4) has a position that involves multilingual skills 3-5 as an inherent component of the position, including translating. 3-6 (g) An agency covered by this section must ensure that: 3-7 (1) an employee is not required to use language skills 3-8 against the employee's wishes, regardless of whether the employee 3-9 is certified; 3-10 (2) the work quotas and job performance standards for 3-11 a multilingual position reflect the additional time and difficulty 3-12 that translation requires; and 3-13 (3) a position that is classified as a certified 3-14 multilingual position by the agency is classified according to 3-15 rules and standards adopted by the agency. 3-16 (h) The Texas Employment Commission shall administer 3-17 multilingual examinations and certify state employees as 3-18 multilingual under this section. The commission by rule shall 3-19 provide for: 3-20 (1) oral and written examinations; 3-21 (2) time and place of examinations, which must be 3-22 given statewide; 3-23 (3) levels of multilingual certification; 3-24 (4) certification of state employees; and 3-25 (5) waiver of the examination requirement in an 3-26 emergency situation or if an examination is not available for a 3-27 person. 4-1 SECTION 2. (a) This Act takes effect September 1, 1995. 4-2 (b) A state employee who has four years or more of 4-3 experience in a position that would make the person eligible for 4-4 the multilingual pay differential under Section 659.063, Government 4-5 Code, as added by this Act, if the person were certified under this 4-6 Act is eligible for the multilingual pay differential without 4-7 examination or certification under Section 659.063, Government 4-8 Code, as added by this Act, until September 1, 1999. 4-9 SECTION 3. The importance of this legislation and the 4-10 crowded condition of the calendars in both houses create an 4-11 emergency and an imperative public necessity that the 4-12 constitutional rule requiring bills to be read on three several 4-13 days in each house be suspended, and this rule is hereby suspended.