By Maxey                                        H.B. No. 2637

      75R8826 GCH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to benefits for certain state employees who become

 1-3     employees of an  entity that contracts with the state or a public

 1-4     entity created by the state to perform services previously provided

 1-5     by the state.

 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-7           SECTION 1.  Section 2308.264, Government Code, is amended by

 1-8     adding Subsection (e) to read as follows:

 1-9           (e)  A board that contracts with a private entity to perform

1-10     services required to be provided at a career development center

1-11     under Section 2308.312 shall require as a term of the contract that

1-12     an employee of the entity whose most recent employment before

1-13     employment with the entity was as an employee of the state

1-14     performing services similar to the services the employee performs

1-15     for the private entity is entitled to receive employee benefits

1-16     comparable to those of a state employee.  In this subsection,

1-17     "employee benefits" includes compensation, a retirement program,

1-18     health insurance benefits, and vacation and sick leave.

1-19           SECTION 2.  Section 9.12, Chapter 655, Acts of the 74th

1-20     Legislature, Regular Session, 1995, is amended by adding Subsection

1-21     (f) to read as follows:

1-22           (f)  In the implementation of the plan described by this

1-23     section, the commission, the Texas Department of Health, or the

1-24     Texas Department of Human Services shall require, as a term of any

 2-1     contract with a private entity to perform services under the plan,

 2-2     that an employee of the entity whose most recent employment before

 2-3     employment with the entity was as an employee of the state

 2-4     performing services similar to the services the employee performs

 2-5     for the private entity is entitled to receive employee benefits

 2-6     comparable to those of a state employee.  In this subsection,

 2-7     "employee benefits" includes compensation, a retirement program,

 2-8     health insurance coverage, and vacation and sick leave.

 2-9           SECTION 3.  The changes in law made by this Act apply only to

2-10     a contract to provide services that were previously provided by the

2-11     state that is entered into on or after the effective date of this

2-12     Act.

2-13           SECTION 4.  The importance of this legislation and the

2-14     crowded condition of the calendars in both houses create an

2-15     emergency and an imperative public necessity that the

2-16     constitutional rule requiring bills to be read on three several

2-17     days in each house be suspended, and this rule is hereby suspended,

2-18     and that this Act take effect and be in force from and after its

2-19     passage, and it is so enacted.