By Sims S.B. No. 371
74R1676 DD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Food and
1-3 Fibers Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 42.002, Agriculture Code, is amended to
1-6 read as follows:
1-7 Sec. 42.002. Organization. <(a)> The Texas Food and Fibers
1-8 Commission is composed of:
1-9 (1) the chancellor of The Texas A&M University System;
1-10 (2) the president of The University of Texas at
1-11 Austin;
1-12 (3) the president of Texas Tech University; and
1-13 (4) the president of Texas Woman's University.
1-14 <(b) The Texas Food and Fibers Commission is subject to
1-15 Chapter 325, Government Code (Texas Sunset Act). Unless continued
1-16 in existence as provided by that chapter, the commission is
1-17 abolished and this chapter expires September 1, 1995.>
1-18 SECTION 2. Section 42.003(a), Agriculture Code, is amended
1-19 to read as follows:
1-20 (a) Each member of the commission shall serve a two-year
1-21 term as chairman, rotating the service in the order in which the
1-22 members are listed in Section 42.002. A person may not serve as a
1-23 member of the commission or act as the general counsel to the
1-24 commission if the person is required to register as a lobbyist
2-1 under Chapter 305, Government Code, because of the person's
2-2 activities for compensation on behalf of a profession related to
2-3 the operation of the commission.
2-4 SECTION 3. Section 42.008, Agriculture Code, is amended by
2-5 amending Subsection (b) and adding Subsection (e) to read as
2-6 follows:
2-7 (b) The commission shall prepare <file> annually <with the
2-8 governor and the presiding officer of each house of the
2-9 legislature> a complete and detailed written report accounting for
2-10 all funds received and disbursed by the commission during the
2-11 preceding fiscal year. The annual report must meet the reporting
2-12 requirements applicable to financial reporting <be in the form and
2-13 reported in the time> provided in <by> the General Appropriations
2-14 Act.
2-15 (e) All money paid to the commission under this chapter is
2-16 subject to Subchapter F, Chapter 404, Government Code.
2-17 SECTION 4. Section 42.009, Agriculture Code, is amended by
2-18 amending Subsections (b)-(f) and Subsection (h) and adding
2-19 Subsections (i) and (j) to read as follows:
2-20 (b) The executive director or the executive director's
2-21 designee shall develop an intraagency career ladder program that
2-22 addresses opportunities for mobility and advancement for employees
2-23 within the commission. The program shall require intraagency
2-24 posting <postings> of all <nonentry level> positions concurrently
2-25 with any public posting.
2-26 (c) The executive director or the executive director's
2-27 designee shall develop a system of annual performance evaluations
3-1 that are based on documented employee performance. All merit pay
3-2 for commission employees must be based on the system established
3-3 under this subsection.
3-4 (d) The executive director or the executive director's
3-5 designee <commission> shall provide to <its> members of the
3-6 commission and to commission employees, as often as necessary,
3-7 information regarding their qualification <qualifications> for
3-8 office or employment under this chapter and their responsibilities
3-9 under applicable laws relating to standards of conduct for state
3-10 officers or employees.
3-11 (e) The executive director or the executive director's
3-12 designee shall prepare and maintain a written policy statement to
3-13 assure implementation of a program of equal employment opportunity
3-14 under which all personnel transactions are made without regard to
3-15 race, color, disability <handicap>, sex, religion, age, or national
3-16 origin. The policy statement must include:
3-17 (1) personnel policies, including policies relating to
3-18 recruitment, evaluation, selection, appointment, training, and
3-19 promotion of personnel that are in compliance with the requirements
3-20 in Chapter 21, Labor Code;
3-21 (2) a comprehensive analysis of the commission work
3-22 force that meets federal and state guidelines;
3-23 (3) procedures by which a determination can be made
3-24 about the extent of underuse <significant underutilization> in the
3-25 commission work force of all persons for whom federal or state
3-26 guidelines encourage a more equitable balance; and
3-27 (4) reasonable methods to appropriately address those
4-1 areas of underuse <significant underutilization>.
4-2 (f) A policy statement prepared under Subsection (e) must
4-3 cover an annual period, be updated <at least> annually and reviewed
4-4 by the Commission on Human Rights for compliance with Subsection
4-5 (e)(1), and be filed with the governor's office.
4-6 (h) The commission shall develop and implement policies that
4-7 clearly separate <define> the policymaking <respective>
4-8 responsibilities of the commission and the management
4-9 responsibilities of the executive director and the staff of the
4-10 commission.
4-11 (i) The commission shall comply with federal and state laws
4-12 related to program and facility accessibility.
4-13 (j) The executive director shall also prepare and maintain a
4-14 written plan that describes how a person who does not speak English
4-15 can be provided reasonable access to the commission's programs and
4-16 services.
4-17 SECTION 5. Section 42.010, Agriculture Code, is amended to
4-18 read as follows:
4-19 Sec. 42.010. Restrictions on Employment. (a) An officer,
4-20 employee, or paid consultant of a Texas trade association in the
4-21 field of food or fiber marketing or research may not be a member of
4-22 the commission or an employee of the commission who is exempt from
4-23 the state's position classification plan or is compensated at or
4-24 above the amount prescribed by the General Appropriations Act for
4-25 step 1, salary group 17, of the position classification salary
4-26 schedule.
4-27 (b) A person who is the spouse of an officer, manager, or
5-1 paid consultant of a Texas trade association in the field of food
5-2 or fiber marketing or research may not be a member of the
5-3 commission and may not be an employee of the commission who is
5-4 exempt from the state's position classification plan or is
5-5 compensated at or above the amount prescribed by the General
5-6 Appropriations Act for step 1, salary group 17, of the position
5-7 classification salary schedule.
5-8 (c) For the purposes of this section, a Texas trade
5-9 association is a nonprofit, cooperative, and voluntarily joined
5-10 association of business or professional competitors in this state
5-11 designed to assist its members and its industry or profession in
5-12 dealing with mutual business or professional problems and in
5-13 promoting their common interest.
5-14 SECTION 6. Section 42.011, Agriculture Code, is amended to
5-15 read as follows:
5-16 Sec. 42.011. Public Interest Information and Complaints.
5-17 (a) The commission shall prepare information of public interest
5-18 describing the functions of the commission and the <commission's>
5-19 procedures by which complaints are filed with and resolved by the
5-20 commission. The commission shall make the information available to
5-21 the public and appropriate state agencies.
5-22 (b) The commission by rule shall establish methods by which
5-23 consumers and service recipients are notified of the name, mailing
5-24 address, and telephone number of the commission for the purpose of
5-25 directing complaints to the commission. The commission may provide
5-26 for that notification on each registration form, application, or
5-27 written contract for services of an individual or entity regulated
6-1 under this chapter.
6-2 (c) <If a written complaint is filed with the commission
6-3 that the commission has authority to resolve, the commission, at
6-4 least quarterly and until final disposition of the complaint, shall
6-5 notify the parties to the complaint of the status of the complaint
6-6 unless the notice would jeopardize an undercover investigation.>
6-7 <(d)> The commission shall keep a <an information> file
6-8 about each written complaint filed with the commission that it <the
6-9 commission> has authority to resolve. The commission shall provide
6-10 to the person filing the complaint and the persons or entities
6-11 complained about the commission's policies and procedures
6-12 pertaining to complaint investigation and resolution.
6-13 (d) The commission, at least quarterly and until final
6-14 disposition of the complaint, shall notify the person filing the
6-15 complaint and the persons or entities complained about of the
6-16 status of the complaint unless the notice would jeopardize an
6-17 undercover investigation.
6-18 (e) The commission shall keep information about each
6-19 complaint filed with the commission. The information must include:
6-20 (1) the date the complaint is received;
6-21 (2) the name of the complainant;
6-22 (3) the subject matter of the complaint;
6-23 (4) a record of all persons contacted in relation to
6-24 the complaint;
6-25 (5) a summary of the results of the review or
6-26 investigation of the complaint; and
6-27 (6) for complaints in which the commission took no
7-1 action, an explanation of the reason the complaint was closed
7-2 without action.
7-3 (f) The commission is subject to the open meetings law,
7-4 Chapter 551, Government Code, and the administrative procedure law,
7-5 Chapter 2001, Government Code.
7-6 SECTION 7. This Act takes effect September 1, 1995.
7-7 SECTION 8. The importance of this legislation and the
7-8 crowded condition of the calendars in both houses create an
7-9 emergency and an imperative public necessity that the
7-10 constitutional rule requiring bills to be read on three several
7-11 days in each house be suspended, and this rule is hereby suspended.