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 * * * * *