1-1 By: Sims, Armbrister S.B. No. 371
1-2 (In the Senate - Filed March 6, 1995; March 7, 1995, read
1-3 first time and referred to Committee on Natural Resources;
1-4 March 21, 1995, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; March 21, 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 Texas Food and
1-9 Fibers Commission.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 42.002, Agriculture Code, is amended to
1-12 read as follows:
1-13 Sec. 42.002. Organization. <(a)> The Texas Food and Fibers
1-14 Commission is composed of:
1-15 (1) the chancellor of The Texas A&M University System;
1-16 (2) the president of The University of Texas at
1-17 Austin;
1-18 (3) the president of Texas Tech University; and
1-19 (4) the president of Texas Woman's University.
1-20 <(b) The Texas Food and Fibers Commission is subject to
1-21 Chapter 325, Government Code (Texas Sunset Act). Unless continued
1-22 in existence as provided by that chapter, the commission is
1-23 abolished and this chapter expires September 1, 1995.>
1-24 SECTION 2. Subsection (a), Section 42.003, Agriculture Code,
1-25 is amended to read as follows:
1-26 (a) Each member of the commission shall serve a two-year
1-27 term as chairman, rotating the service in the order in which the
1-28 members are listed in Section 42.002. A person may not serve as a
1-29 member of the commission or act as the general counsel to the
1-30 commission if the person is required to register as a lobbyist
1-31 under Chapter 305, Government Code, because of the person's
1-32 activities for compensation on behalf of a profession related to
1-33 the operation of the commission.
1-34 SECTION 3. Section 42.008, Agriculture Code, is amended by
1-35 amending Subsection (b) and by adding Subsection (e) to read as
1-36 follows:
1-37 (b) The commission shall prepare <file> annually <with the
1-38 governor and the presiding officer of each house of the
1-39 legislature> a complete and detailed written report accounting for
1-40 all funds received and disbursed by the commission during the
1-41 preceding fiscal year. The annual report must meet the reporting
1-42 requirements applicable to financial reporting <be in the form and
1-43 reported in the time> provided in <by> the General Appropriations
1-44 Act.
1-45 (e) All money paid to the commission under this chapter is
1-46 subject to Subchapter F, Chapter 404, Government Code.
1-47 SECTION 4. Section 42.009, Agriculture Code, is amended by
1-48 amending Subsections (b) through (f) and (h) and by adding
1-49 Subsections (i) and (j) to read as follows:
1-50 (b) The executive director or the executive director's
1-51 designee shall develop an intraagency career ladder program that
1-52 addresses opportunities for mobility and advancement for employees
1-53 within the commission. The program shall require intraagency
1-54 posting <postings> of all <nonentry level> positions concurrently
1-55 with any public posting.
1-56 (c) The executive director or the executive director's
1-57 designee shall develop a system of annual performance evaluations
1-58 that are based on documented employee performance. All merit pay
1-59 for commission employees must be based on the system established
1-60 under this subsection.
1-61 (d) The executive director or the executive director's
1-62 designee <commission> shall provide to <its> members of the
1-63 commission and to commission employees, as often as necessary,
1-64 information regarding their qualification <qualifications> for
1-65 office or employment under this chapter and their responsibilities
1-66 under applicable laws relating to standards of conduct for state
1-67 officers or employees.
1-68 (e) The executive director or the executive director's
2-1 designee shall prepare and maintain a written policy statement to
2-2 assure implementation of a program of equal employment opportunity
2-3 under which all personnel transactions are made without regard to
2-4 race, color, disability <handicap>, sex, religion, age, or national
2-5 origin. The policy statement must include:
2-6 (1) personnel policies, including policies relating to
2-7 recruitment, evaluation, selection, appointment, training, and
2-8 promotion of personnel that are in compliance with the requirements
2-9 in Chapter 21, Labor Code;
2-10 (2) a comprehensive analysis of the commission work
2-11 force that meets federal and state guidelines;
2-12 (3) procedures by which a determination can be made
2-13 about the extent of underuse <significant underutilization> in the
2-14 commission work force of all persons for whom federal or state
2-15 guidelines encourage a more equitable balance; and
2-16 (4) reasonable methods to appropriately address those
2-17 areas of underuse <significant underutilization>.
2-18 (f) A policy statement prepared under Subsection (e) must
2-19 cover an annual period, be updated <at least> annually and reviewed
2-20 by the Commission on Human Rights for compliance with Subsection
2-21 (e)(1), and be filed with the governor's office.
2-22 (h) The commission shall develop and implement policies that
2-23 clearly separate <define> the policymaking <respective>
2-24 responsibilities of the commission and the management
2-25 responsibilities of the executive director and the staff of the
2-26 commission.
2-27 (i) The commission shall comply with federal and state laws
2-28 related to program and facility accessibility.
2-29 (j) The executive director shall also prepare and maintain a
2-30 written plan that describes how a person who does not speak English
2-31 can be provided reasonable access to the commission's programs and
2-32 services.
2-33 SECTION 5. Section 42.010, Agriculture Code, is amended to
2-34 read as follows:
2-35 Sec. 42.010. Restrictions on Employment. (a) An officer,
2-36 employee, or paid consultant of a Texas trade association in the
2-37 field of food or fiber marketing or research may not be a member of
2-38 the commission or an employee of the commission who is exempt from
2-39 the state's position classification plan or is compensated at or
2-40 above the amount prescribed by the General Appropriations Act for
2-41 step 1, salary group 17, of the position classification salary
2-42 schedule.
2-43 (b) A person who is the spouse of an officer, manager, or
2-44 paid consultant of a Texas trade association in the field of food
2-45 or fiber marketing or research may not be a member of the
2-46 commission and may not be an employee of the commission who is
2-47 exempt from the state's position classification plan or is
2-48 compensated at or above the amount prescribed by the General
2-49 Appropriations Act for step 1, salary group 17, of the position
2-50 classification salary schedule.
2-51 (c) For the purposes of this section, a Texas trade
2-52 association is a nonprofit, cooperative, and voluntarily joined
2-53 association of business or professional competitors in this state
2-54 designed to assist its members and its industry or profession in
2-55 dealing with mutual business or professional problems and in
2-56 promoting their common interest.
2-57 SECTION 6. Section 42.011, Agriculture Code, is amended to
2-58 read as follows:
2-59 Sec. 42.011. Public Interest Information and Complaints.
2-60 (a) The commission shall prepare information of public interest
2-61 describing the functions of the commission and the <commission's>
2-62 procedures by which complaints are filed with and resolved by the
2-63 commission. The commission shall make the information available to
2-64 the public and appropriate state agencies.
2-65 (b) The commission by rule shall establish methods by which
2-66 consumers and service recipients are notified of the name, mailing
2-67 address, and telephone number of the commission for the purpose of
2-68 directing complaints to the commission. The commission may provide
2-69 for that notification on each registration form, application, or
2-70 written contract for services of an individual or entity regulated
3-1 under this chapter.
3-2 (c) <If a written complaint is filed with the commission
3-3 that the commission has authority to resolve, the commission, at
3-4 least quarterly and until final disposition of the complaint, shall
3-5 notify the parties to the complaint of the status of the complaint
3-6 unless the notice would jeopardize an undercover investigation.>
3-7 <(d)> The commission shall keep a <an information> file
3-8 about each written complaint filed with the commission that it <the
3-9 commission> has authority to resolve. The commission shall provide
3-10 to the person filing the complaint and the persons or entities
3-11 complained about the commission's policies and procedures
3-12 pertaining to complaint investigation and resolution.
3-13 (d) The commission, at least quarterly and until final
3-14 disposition of the complaint, shall notify the person filing the
3-15 complaint and the persons or entities complained about of the
3-16 status of the complaint unless the notice would jeopardize an
3-17 undercover investigation.
3-18 (e) The commission shall keep information about each
3-19 complaint filed with the commission. The information must include:
3-20 (1) the date the complaint is received;
3-21 (2) the name of the complainant;
3-22 (3) the subject matter of the complaint;
3-23 (4) a record of all persons contacted in relation to
3-24 the complaint;
3-25 (5) a summary of the results of the review or
3-26 investigation of the complaint; and
3-27 (6) for complaints in which the commission took no
3-28 action, an explanation of the reason the complaint was closed
3-29 without action.
3-30 (f) The commission is subject to the open meetings law,
3-31 Chapter 551, Government Code, and the administrative procedure law,
3-32 Chapter 2001, Government Code.
3-33 SECTION 7. This Act takes effect September 1, 1995.
3-34 SECTION 8. The importance of this legislation and the
3-35 crowded condition of the calendars in both houses create an
3-36 emergency and an imperative public necessity that the
3-37 constitutional rule requiring bills to be read on three several
3-38 days in each house be suspended, and this rule is hereby suspended.
3-39 * * * * *