By Ellis                                              S.B. No. 1199
       74R6794 JRD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to monitoring state agency compliance with Title VI of the
    1-3  federal Civil Rights Act of 1964.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Title 7, Government Code, is amended by adding
    1-6  Chapter 743 to read as follows:
    1-7         CHAPTER 743.  TITLE VI (CIVIL RIGHTS ACT) COMPLIANCE
    1-8        Sec. 743.001.  DEFINITION.  In this chapter, "Title VI" means
    1-9  Title VI of the federal Civil Rights Act of 1964 (42 U.S.C. Section
   1-10  2000d et seq.).
   1-11        Sec. 743.002.  STATE AGENCY IMPLEMENTATION PLANS AND
   1-12  COMPLIANCE REPORTS.  (a)  Each state agency that is subject to
   1-13  Title VI shall develop a plan to implement the requirements of
   1-14  Title VI.  The plan must include, to the extent applicable, Title
   1-15  VI implementation plans prepared by subrecipients of federal funds
   1-16  transmitted through the agency.
   1-17        (b)  The agency shall solicit interested persons to
   1-18  participate in the development of the plan.
   1-19        (c)  The agency shall prepare an annual Title VI compliance
   1-20  report in the form prescribed by the state auditor.
   1-21        (d)  The agency shall file an updated implementation plan
   1-22  that reflects new actions the agency plans to take to implement the
   1-23  requirements of Title VI and the annual Title VI compliance report
   1-24  with the state auditor not later than November 1 of each year.
    2-1        Sec. 743.003.  CUMULATIVE REPORT.  (a)  The state auditor
    2-2  shall prepare a cumulative Title VI compliance report based on the
    2-3  implementation plans and compliance reports received under Section
    2-4  743.002.
    2-5        (b)  The state auditor shall include in the report its
    2-6  recommendations regarding actions state agencies should take to
    2-7  implement the requirements of Title VI.
    2-8        (c)  The state auditor shall send a copy of the cumulative
    2-9  report to the governor, the presiding officer of each house of the
   2-10  legislature, the presiding officer of the state affairs committees
   2-11  of each house of the legislature, and the Legislative Reference
   2-12  Library not later than December 31 of each year.
   2-13        SECTION 2.  (a)  The comptroller of public accounts shall
   2-14  evaluate state agency compliance with Title VI of the federal Civil
   2-15  Rights Act of 1964 (42 U.S.C. Section 2000d et seq.).  The
   2-16  comptroller shall complete and publish the results of the
   2-17  evaluation not later than December 1, 1995.
   2-18        (b)  As part of its evaluation, the comptroller shall:
   2-19              (1)  review current Title VI monitoring and enforcement
   2-20  procedures as reflected by federal and state law, agency actions,
   2-21  rules, regulations, programs, services, and budgetary priorities;
   2-22              (2)  define and establish by rule the components,
   2-23  guidelines, and objectives of a comprehensive state policy to
   2-24  ensure and promote compliance with Title VI;
   2-25              (3)  identify any state laws, rules, programs,
   2-26  services, and budgetary priorities that conflict with the
   2-27  comprehensive state policy developed by the comptroller;
    3-1              (4)  search for inconsistencies and inefficiencies in
    3-2  the state's implementation of the comprehensive state policy
    3-3  developed by the comptroller; and
    3-4              (5)  identify new state laws, agency actions, rules,
    3-5  regulations, programs, services, and budgetary priorities that are
    3-6  needed to ensure compliance with and enforcement of Title VI.
    3-7        SECTION 3.  (a)  State agencies shall file with the state
    3-8  auditor the initial implementation plans required by Section
    3-9  743.002, Government Code, as added by this Act, not later than
   3-10  February 1, 1996.
   3-11        (b)  State agencies shall file with the state auditor the
   3-12  initial updated implementation plans and annual compliance reports
   3-13  required by Section 743.002, Government Code, as added by this Act,
   3-14  not later than November 1, 1996.
   3-15        (c)  The state auditor shall publish the first cumulative
   3-16  report required by Section 743.003, Government Code, as added by
   3-17  this Act, not later than December 31, 1996.
   3-18        SECTION 4.  This Act takes effect September 1, 1995.
   3-19        SECTION 5.  The importance of this legislation and the
   3-20  crowded condition of the calendars in both houses create an
   3-21  emergency and an imperative public necessity that the
   3-22  constitutional rule requiring bills to be read on three several
   3-23  days in each house be suspended, and this rule is hereby suspended.