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.
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