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.