1-1  By:  Moncrief                                          S.B. No. 369
    1-2        (In the Senate - Filed March 6, 1995; March 7, 1995, read
    1-3  first time and referred to Committee on Administration;
    1-4  March 22, 1995, reported favorably by the following vote:  Yeas 6,
    1-5  Nays 0; March 22, 1995, sent to printer.)
    1-6                         A BILL TO BE ENTITLED
    1-7                                AN ACT
    1-8  relating to the continuation and functions of the State
    1-9  Preservation Board.
   1-10        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-11        SECTION 1.  Section 443.002, Government Code, is amended to
   1-12  read as follows:
   1-13        Sec. 443.002.  Sunset Provision.  The State Preservation
   1-14  Board is subject to Chapter 325 (Texas Sunset Act).  Unless
   1-15  continued in existence as provided by that chapter, the board is
   1-16  abolished and this chapter expires September 1, 1997 <1995>.
   1-17        SECTION 2.  Subsection (a), Section 443.003, Government Code,
   1-18  is amended to read as follows:
   1-19        (a)  The board consists of the governor, lieutenant governor,
   1-20  speaker of the house of representatives, one senator appointed by
   1-21  the lieutenant governor, one representative appointed by the
   1-22  speaker of the house of representatives, and one member appointed
   1-23  by the governor.  The board member appointed by the governor must
   1-24  be a representative of the general public.  A person is not
   1-25  eligible for appointment as the public member of the board if the
   1-26  person or the person's spouse:
   1-27              (1)  is employed by or participates in the management
   1-28  of a business entity or other organization receiving funds from the
   1-29  board;
   1-30              (2)  owns or controls, directly or indirectly, more
   1-31  than a 10 percent interest in a business entity receiving funds
   1-32  from the board; or
   1-33              (3)  uses or receives a substantial amount of tangible
   1-34  goods, services, or funds from the board, other than compensation
   1-35  or reimbursement authorized by law for board membership,
   1-36  attendance, or expenses.
   1-37        SECTION 3.  Chapter 443, Government Code, is amended by
   1-38  adding Sections 443.0031, 443.0032, and 443.0033 to read as
   1-39  follows:
   1-40        Sec. 443.0031.  LOBBYING PROHIBITION.  A person may not serve
   1-41  as the public member of the board or act as the general counsel to
   1-42  the board if the person is required to register as a lobbyist under
   1-43  Chapter 305 because of the person's activities for compensation on
   1-44  behalf of a profession related to the operation of the board.
   1-45        Sec. 443.0032.  ANTIDISCRIMINATION POLICY FOR APPOINTMENTS TO
   1-46  BOARD.  Appointments to the board shall be made without regard to
   1-47  the race, color, disability, sex, religion, age, or national origin
   1-48  of the appointees.
   1-49        Sec. 443.0033.  GROUNDS FOR REMOVAL FROM BOARD.  (a)  It is a
   1-50  ground for removal from the board if the public member:
   1-51              (1)  violates a prohibition established by Section
   1-52  443.0031;
   1-53              (2)  cannot because of illness or disability discharge
   1-54  the member's duties for a substantial part of the term for which
   1-55  the member is appointed; or
   1-56              (3)  is absent from more than half of the regularly
   1-57  scheduled board meetings that the member is eligible to attend
   1-58  during a calendar year unless the absence is excused by majority
   1-59  vote of the board.
   1-60        (b)  The validity of an action of the board is not affected
   1-61  by the fact that it is taken when a ground for removal of a board
   1-62  member exists.
   1-63        (c)  If the executive director has knowledge that a potential
   1-64  ground for removal exists, the executive director shall notify the
   1-65  governor of the potential ground.  The governor shall then notify
   1-66  the attorney general that a potential ground for removal exists.
   1-67        SECTION 4.  Chapter 443, Government Code, is amended by
   1-68  adding Sections 443.0041 through 443.0048 to read as follows:
    2-1        Sec. 443.0041.  APPLICATION OF OPEN MEETINGS AND
    2-2  ADMINISTRATIVE PROCEDURE LAWS.  The board is subject to the open
    2-3  meetings law, Chapter 551, and the administrative procedure law,
    2-4  Chapter 2001.
    2-5        Sec. 443.0042.  INFORMATION ON RESPONSIBILITIES OF BOARD
    2-6  MEMBERS AND EMPLOYEES.  The executive director or the executive
    2-7  director's designee shall provide to members of the board and to
    2-8  board employees, as often as necessary, information regarding their
    2-9  responsibilities under applicable laws relating to standards of
   2-10  conduct for state officers or employees.
   2-11        Sec. 443.0043.  SEPARATION OF POLICYMAKING AND MANAGEMENT
   2-12  RESPONSIBILITIES.  The board shall develop and implement policies
   2-13  that clearly separate the policymaking responsibilities of the
   2-14  board and the management responsibilities of the executive director
   2-15  and the staff of the board.
   2-16        Sec. 443.0044.  ACCESSIBILITY PLAN AND COMPLIANCE.  The board
   2-17  shall comply with federal and state laws related to program and
   2-18  facility accessibility.  The executive director shall also prepare
   2-19  and maintain a written plan that describes how a person who does
   2-20  not speak English can be provided reasonable access to the board's
   2-21  programs and services.
   2-22        Sec. 443.0045.  PUBLIC NOTIFICATION OF BOARD ACTIVITIES.
   2-23  (a)  The board shall prepare information of public interest
   2-24  describing the functions of the board and the procedures by which
   2-25  complaints are filed with and resolved by the board.  The board
   2-26  shall make the information available to the public and appropriate
   2-27  agencies.
   2-28        (b)  The board by rule shall establish methods by which
   2-29  consumers and service recipients are notified of the name, mailing
   2-30  address, and telephone number of the board for the purpose of
   2-31  directing complaints to the board.  The board may provide for that
   2-32  notification on brochures and other educational or informational
   2-33  publications distributed by the board.
   2-34        Sec. 443.0046.  PUBLIC TESTIMONY AT BOARD MEETINGS.  The
   2-35  board shall develop and implement policies that provide the public
   2-36  with a reasonable opportunity to appear before the board and to
   2-37  speak on any issue under the jurisdiction of the board.
   2-38        Sec. 443.0047.  MAINTAINING INFORMATION ON COMPLAINTS FILED
   2-39  WITH BOARD.  The board shall keep information about each complaint
   2-40  filed with the board.  The information shall include:
   2-41              (1)  the date the complaint is received;
   2-42              (2)  the name of the complainant;
   2-43              (3)  the subject matter of the complaint;
   2-44              (4)  a record of all persons contacted in relation to
   2-45  the complaint;
   2-46              (5)  a summary of the results of the review or
   2-47  investigation of the complaint; and
   2-48              (6)  for complaints for which the board took no action,
   2-49  an explanation of the reason the complaint was closed without
   2-50  action.
   2-51        Sec. 443.0048.  INFORMATION ON STATUS OF COMPLAINTS.  The
   2-52  board shall keep a file about each written complaint filed with the
   2-53  board that the board has authority to resolve.  The board shall
   2-54  provide to the person filing the complaint and the persons or
   2-55  entities complained about the board's policies and procedures
   2-56  pertaining to complaint investigation and resolution.  The board,
   2-57  at least quarterly and until final disposition of the complaint,
   2-58  shall notify the person filing the complaint and the persons or
   2-59  entities complained about of the status of the complaint.
   2-60        SECTION 5.  Section 443.0051, Government Code, is amended by
   2-61  adding Subsection (c) to read as follows:
   2-62        (c)  The executive director shall prepare annually a complete
   2-63  and detailed written report accounting for all funds received and
   2-64  disbursed by the board during the preceding fiscal year.  The
   2-65  annual report must meet the reporting requirements applicable to
   2-66  financial reporting provided in the General Appropriations Act.
   2-67        SECTION 6.  Chapter 443, Government Code, is amended by
   2-68  adding Sections 443.0052 and 443.0053 to read as follows:
   2-69        Sec. 443.0052.  EQUAL EMPLOYMENT OPPORTUNITY.  (a)  The
   2-70  executive director or the executive director's designee shall
    3-1  prepare and maintain a written policy statement to assure
    3-2  implementation of a program of equal employment opportunity under
    3-3  which all personnel transactions are made without regard to race,
    3-4  color, disability, sex, religion, age, or national origin.  The
    3-5  policy statement must include:
    3-6              (1)  personnel policies, including policies relating to
    3-7  recruitment, evaluation, selection, appointment, training, and
    3-8  promotion of personnel that are in compliance with requirements of
    3-9  Chapter 21, Labor Code;
   3-10              (2)  a comprehensive analysis of the board workforce
   3-11  that meets federal and state guidelines;
   3-12              (3)  procedures by which a determination can be made
   3-13  about the extent of underuse in the board workforce of all persons
   3-14  for whom federal or state guidelines encourage a more equitable
   3-15  balance; and
   3-16              (4)  reasonable methods to appropriately address those
   3-17  areas of underuse.
   3-18        (b)  A policy statement prepared under Subsection (a) must
   3-19  cover an annual period, be updated annually and reviewed by the
   3-20  Commission on Human Rights for compliance with Subsection (a)(1),
   3-21  and be filed with the governor's office.
   3-22        (c)  The governor's office shall deliver a biennial report to
   3-23  the legislature based on the information received under Subsection
   3-24  (b).  The report may be made separately or as a part of other
   3-25  biennial reports made to the legislature.
   3-26        Sec. 443.0053.  EMPLOYEE PERFORMANCE EVALUATIONS.  The
   3-27  executive director or the executive director's designee shall
   3-28  develop a system of annual performance evaluations that are based
   3-29  on documented employee performance.  All merit pay for board
   3-30  employees must be based on the system established under this
   3-31  section.
   3-32        SECTION 7.  Chapter 443, Government Code, is amended by
   3-33  adding Section 443.0102 to read as follows:
   3-34        Sec. 443.0102.  APPLICATION OF STATE FUNDS REFORM ACT.
   3-35  (a)  Except as provided by Subsection (b), all money paid to the
   3-36  board under this chapter is subject to Subchapter F, Chapter 404.
   3-37        (b)  The Capitol fund created by Section 443.0101 is not
   3-38  subject to Subchapter F, Chapter 404.  A provision of this chapter
   3-39  or other law that provides for the deposit of money or another
   3-40  thing of value into the fund prevails over Subchapter F, Chapter
   3-41  404.
   3-42        SECTION 8.  This Act takes effect September 1, 1995.
   3-43        SECTION 9.  The importance of this legislation and the
   3-44  crowded condition of the calendars in both houses create an
   3-45  emergency and an imperative public necessity that the
   3-46  constitutional rule requiring bills to be read on three several
   3-47  days in each house be suspended, and this rule is hereby suspended.
   3-48                               * * * * *