By Greenberg, Oliveira, Maxey, Naishtat, H.B. No. 3512
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to assistance or benefits provided to state employees who
1-3 lose their jobs as a result of a reduction in force or the
1-4 privatization of state services or who retire.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle B, Title 6, Government Code, is amended
1-7 by adding Chapter 666 to read as follows:
1-8 CHAPTER 666. EMPLOYMENT PREFERENCES FOR FORMER STATE EMPLOYEES
1-9 Sec. 666.001. DEFINITION. In this chapter, "state agency"
1-10 means a department, commission, board, office, council, or other
1-11 agency in the executive or judicial branch of state government that
1-12 is created by the constitution or a statute of this state,
1-13 including a university system or an institution of higher education
1-14 as defined by Section 61.003, Education Code.
1-15 Sec. 666.002. STATE EMPLOYMENT PREFERENCE. A former state
1-16 employee whose position was eliminated due to a reduction in
1-17 workforce or the privatization of the service the employee formerly
1-18 provided for the employing state agency is entitled to a preference
1-19 in employment with or appointment to a state agency over other
1-20 applicants for the same position who do not have a greater
1-21 qualification for the position.
1-22 Sec. 666.003. OUTPLACEMENT SERVICES. (a) The Texas
1-23 Workforce Commission shall establish a program to offer
1-24 outplacement services to former employees of a state agency that:
1-25 (1) has reduced its workforce by not fewer than 25
2-1 employees; or
2-2 (2) has eliminated not fewer than 25 employees due to
2-3 the privatization of certain services.
2-4 (b) The outplacement services offered under Subsection (a)
2-5 must include:
2-6 (1) reasonable access to career centers;
2-7 (2) assistance in locating other available state
2-8 employment;
2-9 (3) counseling regarding unemployment benefits; and
2-10 (4) instruction on resume drafting and other
2-11 career-related services.
2-12 (c) The Texas Workforce Commission may contract with a
2-13 private enterprise to provide the outplacement services under this
2-14 section.
2-15 SECTION 2. Subchapter B, Chapter 814, Government Code, is
2-16 amended by adding Section 814.1041 to read as follows:
2-17 Sec. 814.1041. RETIREMENT INCENTIVE FOR EMPLOYEE CLASS. (a)
2-18 A member of the employee class may retire under this section if:
2-19 (1) the member has at least a minimum amount of
2-20 service credit required by Section 814.104; and
2-21 (2) the member:
2-22 (A) is at least 50 years of age; and
2-23 (B) is not more than three years younger than
2-24 the minimum age required under Section 814.104 for eligibility for
2-25 service retirement with that amount of service credit.
2-26 (b) This section does not apply to retirement under Section
2-27 814.107.
3-1 (c) A member eligible to retire under this section is one
3-2 who:
3-3 (1) meets minimum age and service requirements under
3-4 Section 814.104 except as provided by Subsection (a) of this
3-5 section, as applicable;
3-6 (2) applies for service retirement;
3-7 (3) holds a position included in the employee class on
3-8 the date the application is filed; and
3-9 (4) designates an effective date of retirement that is
3-10 after August 31, 1997, but before September 1, 1999, and is the
3-11 later of September 30, 1997, or the earliest date that the member's
3-12 retirement may become effective.
3-13 (d) The retirement system shall report to the comptroller
3-14 the name of each person who retires under this section, the
3-15 effective date of the person's retirement, the entity by which the
3-16 person was employed immediately before retirement, and the amount
3-17 of compensation used in computing the person's annuity. The
3-18 retirement system shall submit reports under this subsection at the
3-19 times and in the manner the comptroller provides.
3-20 (e) The comptroller shall reduce the total amount of
3-21 legislative appropriations to the entity by which the retiring
3-22 member was employed immediately before retirement by the amount of
3-23 the reported compensation multiplied by the number of months
3-24 remaining in the fiscal biennium. This subsection applies only to
3-25 retiring members whose positions were eliminated because of a
3-26 reduction in workforce of not fewer than 25 employees.
3-27 (f) The comptroller may not reduce appropriations under
4-1 Subsection (e) if the retiring member's position was eliminated
4-2 because of the privatization of certain services.
4-3 (g) This section applies only to a member of the employee
4-4 class whose position was eliminated because of:
4-5 (1) a reduction in workforce of not fewer than 25
4-6 employees; or
4-7 (2) the elimination of not fewer than 25 employees,
4-8 including the member of the employee class, due to the
4-9 privatization of certain services.
4-10 (h) This section expires September 1, 1999.
4-11 SECTION 3. Section 9.12, Chapter 655, Acts of the 74th
4-12 Legislature, Regular Session, 1995, is amended by adding Subsection
4-13 (f) to read as follows:
4-14 (f) A contract under this section between the commission and
4-15 a private firm that contracts to provide services formerly provided
4-16 by state employees shall require the private firm to provide to
4-17 employees of the private firm employed under the contract
4-18 comparable compensation and benefits in the aggregate, including a
4-19 retirement program, health insurance, vacation time, and sick
4-20 leave.
4-21 SECTION 4. Subchapter A, Chapter 2254, Government Code, is
4-22 amended by adding Section 2254.006 to read as follows:
4-23 Sec. 2254.006. CONTRACT FOR PROFESSIONAL SERVICES OF FORMER
4-24 STATE EMPLOYEE. (a) A state agency may not enter into a contract
4-25 for the provision of professional services with a former state
4-26 employee who has retired under Section 814.1041 not more than 12
4-27 months before the date of the contract.
5-1 (b) This section expires September 1, 2000.
5-2 SECTION 5. Subchapter B, Chapter 2254, Government Code, is
5-3 amended by adding Section 2254.0261 to read as follows:
5-4 Sec. 2254.0261. CONTRACT FOR CONSULTING SERVICES OF FORMER
5-5 STATE EMPLOYEE. (a) A state agency may not contract with a former
5-6 state employee for consulting services if the former state employee
5-7 has retired under Section 814.1041 not more than 12 months before
5-8 the date of the contract.
5-9 (b) This section expires September 1, 2000.
5-10 SECTION 6. This Act takes effect September 1, 1997.
5-11 SECTION 7. The importance of this legislation and the
5-12 crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended.