By: Moncrief S.B. No. 369
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the continuation and functions of the State
1-2 Preservation Board.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 443.002, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 443.002. Sunset Provision. The State Preservation
1-7 Board is subject to Chapter 325 (Texas Sunset Act). Unless
1-8 continued in existence as provided by that chapter, the board is
1-9 abolished and this chapter expires September 1, 1997 <1995>.
1-10 SECTION 2. Subsection (a), Section 443.003, Government Code,
1-11 is amended to read as follows:
1-12 (a) The board consists of the governor, lieutenant governor,
1-13 speaker of the house of representatives, one senator appointed by
1-14 the lieutenant governor, one representative appointed by the
1-15 speaker of the house of representatives, and one member appointed
1-16 by the governor. The board member appointed by the governor must
1-17 be a representative of the general public. A person is not
1-18 eligible for appointment as the public member of the board if the
1-19 person or the person's spouse:
1-20 (1) is employed by or participates in the management
1-21 of a business entity or other organization receiving funds from the
1-22 board;
1-23 (2) owns or controls, directly or indirectly, more
1-24 than a 10 percent interest in a business entity receiving funds
2-1 from the board; or
2-2 (3) uses or receives a substantial amount of tangible
2-3 goods, services, or funds from the board, other than compensation
2-4 or reimbursement authorized by law for board membership,
2-5 attendance, or expenses.
2-6 SECTION 3. Chapter 443, Government Code, is amended by
2-7 adding Sections 443.0031, 443.0032, and 443.0033 to read as
2-8 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 through 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.
4-6 (a) The board shall prepare information of public interest
4-7 describing the functions of the board and the procedures by which
4-8 complaints are filed with and resolved by the board. The board
4-9 shall make the information available to the public and appropriate
4-10 agencies.
4-11 (b) The board by rule shall establish methods by which
4-12 consumers and service recipients are notified of the name, mailing
4-13 address, and telephone number of the board for the purpose of
4-14 directing complaints to the board. The board may provide for that
4-15 notification on brochures and other educational or informational
4-16 publications distributed by the board.
4-17 Sec. 443.0046. PUBLIC TESTIMONY AT BOARD MEETINGS. The
4-18 board shall develop and implement policies that provide the public
4-19 with a reasonable opportunity to appear before the board and to
4-20 speak on any issue under the jurisdiction of the board.
4-21 Sec. 443.0047. MAINTAINING INFORMATION ON COMPLAINTS FILED
4-22 WITH BOARD. The board shall keep information about each complaint
4-23 filed with the board. The information shall include:
4-24 (1) the date the complaint is received;
4-25 (2) the name of the complainant;
4-26 (3) the subject matter of the complaint;
4-27 (4) a record of all persons contacted in relation to
5-1 the complaint;
5-2 (5) a summary of the results of the review or
5-3 investigation of the complaint; and
5-4 (6) for complaints for which the board took no action,
5-5 an explanation of the reason the complaint was closed without
5-6 action.
5-7 Sec. 443.0048. INFORMATION ON STATUS OF COMPLAINTS. The
5-8 board shall keep a file about each written complaint filed with the
5-9 board that the board has authority to resolve. The board shall
5-10 provide to the person filing the complaint and the persons or
5-11 entities complained about the board's policies and procedures
5-12 pertaining to complaint investigation and resolution. The board,
5-13 at least quarterly and until final disposition of the complaint,
5-14 shall notify the person filing the complaint and the persons or
5-15 entities complained about of the status of the complaint.
5-16 SECTION 5. Section 443.0051, Government Code, is amended by
5-17 adding Subsection (c) to read as follows:
5-18 (c) The executive director shall prepare annually a complete
5-19 and detailed written report accounting for all funds received and
5-20 disbursed by the board during the preceding fiscal year. The
5-21 annual report must meet the reporting requirements applicable to
5-22 financial reporting provided in the General Appropriations Act.
5-23 SECTION 6. Chapter 443, Government Code, is amended by
5-24 adding Sections 443.0052 and 443.0053 to read as follows:
5-25 Sec. 443.0052. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
5-26 executive director or the executive director's designee shall
5-27 prepare and maintain a written policy statement to assure
6-1 implementation of a program of equal employment opportunity under
6-2 which all personnel transactions are made without regard to race,
6-3 color, disability, sex, religion, age, or national origin. The
6-4 policy statement must include:
6-5 (1) personnel policies, including policies relating to
6-6 recruitment, evaluation, selection, appointment, training, and
6-7 promotion of personnel that are in compliance with requirements of
6-8 Chapter 21, Labor Code;
6-9 (2) a comprehensive analysis of the board workforce
6-10 that meets federal and state guidelines;
6-11 (3) procedures by which a determination can be made
6-12 about the extent of underuse in the board workforce of all persons
6-13 for whom federal or state guidelines encourage a more equitable
6-14 balance; and
6-15 (4) reasonable methods to appropriately address those
6-16 areas of underuse.
6-17 (b) A policy statement prepared under Subsection (a) must
6-18 cover an annual period, be updated annually and reviewed by the
6-19 Commission on Human Rights for compliance with Subsection (a)(1),
6-20 and be filed with the governor's office.
6-21 (c) The governor's office shall deliver a biennial report to
6-22 the legislature based on the information received under Subsection
6-23 (b). The report may be made separately or as a part of other
6-24 biennial reports made to the legislature.
6-25 Sec. 443.0053. EMPLOYEE PERFORMANCE EVALUATIONS. The
6-26 executive director or the executive director's designee shall
6-27 develop a system of annual performance evaluations that are based
7-1 on documented employee performance. All merit pay for board
7-2 employees must be based on the system established under this
7-3 section.
7-4 SECTION 7. Chapter 443, Government Code, is amended by
7-5 adding Section 443.0102 to read as follows:
7-6 Sec. 443.0102. APPLICATION OF STATE FUNDS REFORM ACT.
7-7 (a) Except as provided by Subsection (b), all money paid to the
7-8 board under this chapter is subject to Subchapter F, Chapter 404.
7-9 (b) The Capitol fund created by Section 443.0101 is not
7-10 subject to Subchapter F, Chapter 404. A provision of this chapter
7-11 or other law that provides for the deposit of money or another
7-12 thing of value into the fund prevails over Subchapter F, Chapter
7-13 404.
7-14 SECTION 8. This Act takes effect September 1, 1995.
7-15 SECTION 9. The importance of this legislation and the
7-16 crowded condition of the calendars in both houses create an
7-17 emergency and an imperative public necessity that the
7-18 constitutional rule requiring bills to be read on three several
7-19 days in each house be suspended, and this rule is hereby suspended.