SGN H.B. 1155 75(R)BILL ANALYSIS CORRECTIONS H.B. 1155 By: Hightower 2-21-97 Committee Report (Unamended) BACKGROUND The Criminal Justice Policy Council was created in 1983 by the 68th Legislature. The Policy Council provides objective research information to the Governor and Legislature on criminal justice issues. The Policy Council operates as an independent agency, managed by an Executive Director chosen by the Governor and confirmed by the Senate. To carry out its programs, the Policy Council had a budget of $1.1 million and 22 employees for fiscal year 1996. The Policy Council is subject to the sunset act and will be abolished September 1, 1997 unless continued by the Legislature. As a result of its review of the Policy Council, the Sunset Advisory Commission recommended continuation and several statutory modifications that are contained in this legislation. PURPOSE The purpose of this bill is to continue the Policy Council for a 12-year period and make statutory modifications recommended by the Sunset Advisory Commission. The modifications proposed by this bill: -abolish the Criminal Justice Policy Council Board; -continue the Policy Council for 12 years; and -provide for other changes as recommended by the Sunset Commission. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends various sections of Chapter 413, Government Code and redesignates Section 413.014 as 413.004 and 413.005. Section 413.002. Deletes reference to membership of the Criminal Justice Policy Council. Section 413.003. Updates Policy Council's Sunset date to September 1, 2009, which provides for the usual 12-year review. Also removes language in former Sections 413.004, 413.005, and 413.006 that related to tenure, service and compensation of board members made unnecessary by abolishment of the board. Section 413.004 (a)-(e). (a) Establishes that the Policy Council is under direction of an executive director. (b) Adds standard language developed by the Sunset Commission. Requires that appointments to executive director be made without regard to race, color, disability, sex, religion, age or national origin. (c) Adds standard language developed by the Sunset Commission. Prohibits appointment as executive director if the person or the person's spouse conducts business with the agency. (d) Technical change. Renumbers existing provision. (e) Adds standard language developed by the Sunset Commission. Defines the grounds for removing an executive director. Section 413.005 (a)-(g). (a) Technical change. Renumbers existing provision. (b) Adds standard language developed by the Sunset Commission. Requires the executive director or a designee to inform employees of the qualifications for employment and each person's responsibilities under the law. (c) Adds standard language developed by the Sunset Commission. Requires the executive director or a designee to develop an intra-agency career ladder program that addresses mobility and advancement opportunities for employees within the agency and requires intraagency postings of job openings concurrently with any public posting. (d) Adds standard language developed by the Sunset Commission. Requires the executive director or a designee to develop a system of annual performance evaluations based on documented employee performance upon which merit salary increases must be based. (e)-(g) Adds standard language developed by the Sunset Commission. Requires the executive director or a designee to develop an equal employment policy that is annually updated, reviewed by the Texas Commission on Human Rights, and filed with the Governor's Office. Section 413.006 (a)-(d). Adds standard language developed by the Sunset Commission. Prohibits the executive director, the executive director's spouse, and employees compensated at or above Group 17 in the appropriations act or their spouses from being an officer or employee of a related Texas trade association. Prohibits registered lobbyists from serving as executive director or from being employed as the agency's general counsel. Also defines Texas trade association. Section 413.007. Amends existing language to allow for governor appointed advisory boards. Section 413.009. Technical change. Renumbers existing provisions and references to sections of the act. Section 413.010. Requires the executive director to consult with legislative officials when setting research priorities. Removes language establishing presiding officer of Policy Council board made unnecessary by abolishment of the board. Also removes language in former 413.011 that related to frequency of board meetings. Section 413.011. Technical change. Renumbers existing provision. Section 413.012 (a)-(b). (a) Adds standard language developed by the Sunset Commission. Requires the agency's funds to be managed in accordance with the State Funds Reform Act. (b) Adds standard language developed by the Sunset Commission. Requires the agency to prepare an annual financial report that meets the reporting requirements in the General Appropriations Act. Section 413.013. Technical change. Renumbers existing provision. Section 413.014. Technical change. Renumbers existing provision. Section 413.015. Technical change. Renumbers existing provision. Section 413.016. Technical change. Renumbers existing provision. Section 413.017. Technical change. Renumbers existing provision. Section 413.018. Adds standard language developed by the Sunset Commission. Requires the agency to comply with state and federal program and facility accessibility laws and to develop a plan that describes how non-English speaking persons can be provided reasonable access to the agency's programs. Section 413.019 (a)-(d). (a)-(b) Adds standard language developed by the Sunset Commission. Requires the agency to prepare and distribute information to the public concerning the agency's functions and complaint procedures. (c)-(d) Adds standard language developed by the Sunset Commission. Requires the agency to collect and maintain information about all complaints filed with the agency. Requires the agency to maintain files on written complaints that the agency has the authority to resolve and to notify the parties regarding the status of the complaint quarterly until disposition. SECTION 2. Effective date: September 1, 1997. SECTION 3. Emergency clause.