75R10936 MLS-F
By Greenberg, Oliveira, Maxey, et al. H.B. No. 3512
Substitute the following for H.B. No. 3512:
By Greenberg C.S.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
1-9 FORMER STATE EMPLOYEES
1-10 Sec. 666.001. DEFINITION. In this chapter, "state agency"
1-11 means a department, commission, board, office, council, or other
1-12 agency in the executive or judicial branch of state government that
1-13 is created by the constitution or a statute of this state,
1-14 including a university system or an institution of higher education
1-15 as defined by Section 61.003, Education Code.
1-16 Sec. 666.002. STATE EMPLOYMENT PREFERENCE. A former state
1-17 employee whose position was eliminated due to a reduction in
1-18 workforce or the privatization of the service the employee formerly
1-19 provided for the employing state agency is entitled to a preference
1-20 in employment with or appointment to a state agency over other
1-21 applicants for the same position who do not have a greater
1-22 qualification for the position.
1-23 Sec. 666.003. OUTPLACEMENT SERVICES. (a) The Texas
1-24 Workforce Commission shall establish a program to offer
2-1 outplacement services to former employees of a state agency that:
2-2 (1) has reduced its workforce by not fewer than 25
2-3 employees; or
2-4 (2) has eliminated not fewer than 25 employees due to
2-5 the privatization of certain services.
2-6 (b) The outplacement services offered under Subsection (a)
2-7 must include:
2-8 (1) reasonable access to career centers;
2-9 (2) assistance in locating other available state
2-10 employment;
2-11 (3) counseling regarding unemployment benefits; and
2-12 (4) instruction on resume drafting and other
2-13 career-related services.
2-14 (c) The Texas Workforce Commission may contract with a
2-15 private enterprise to provide the outplacement services under this
2-16 section.
2-17 SECTION 2. Subchapter B, Chapter 814, Government Code, is
2-18 amended by adding Section 814.1041 to read as follows:
2-19 Sec. 814.1041. RETIREMENT INCENTIVE FOR EMPLOYEE CLASS.
2-20 (a) A member of the employee class may retire under this section
2-21 if:
2-22 (1) the member has at least a minimum amount of
2-23 service credit required by Section 814.104; and
2-24 (2) the member:
2-25 (A) is at least 50 years of age; and
2-26 (B) is not more than three years younger than
2-27 the minimum age required under Section 814.104 for eligibility for
3-1 service retirement with that amount of service credit.
3-2 (b) This section does not apply to retirement under Section
3-3 814.107.
3-4 (c) A member eligible to retire under this section is one
3-5 who:
3-6 (1) meets minimum age and service requirements under
3-7 Section 814.104 except as provided by Subsection (a) of this
3-8 section, as applicable;
3-9 (2) applies for service retirement;
3-10 (3) holds a position included in the employee class on
3-11 the date the application is filed; and
3-12 (4) designates an effective date of retirement that is
3-13 after August 31, 1997, but before September 1, 1999, and is the
3-14 later of September 30, 1997, or the earliest date that the member's
3-15 retirement may become effective.
3-16 (d) The retirement system shall report to the comptroller
3-17 the name of each person who retires under this section, the
3-18 effective date of the person's retirement, the entity by which the
3-19 person was employed immediately before retirement, and the amount
3-20 of compensation used in computing the person's annuity. The
3-21 retirement system shall submit reports under this subsection at the
3-22 times and in the manner the comptroller provides.
3-23 (e) Except as provided by Subsection (f), the comptroller
3-24 shall reduce the total amount of legislative appropriations to the
3-25 entity by which the retiring member was employed immediately before
3-26 retirement by the amount of the reported compensation multiplied by
3-27 the number of months remaining in the fiscal biennium. This
4-1 subsection applies only to retiring members whose positions were
4-2 eliminated because of a reduction in workforce of not fewer than 25
4-3 employees.
4-4 (f) The comptroller may not reduce appropriations under
4-5 Subsection (e) if the total legislative appropriations to the
4-6 entity for the fiscal year in which the employee retires, or for
4-7 any subsequent fiscal year in the biennium, are less than $1
4-8 million.
4-9 (g) This section applies only to a member of the employee
4-10 class whose position was eliminated because of:
4-11 (1) a reduction in workforce of not fewer than 25
4-12 employees; or
4-13 (2) the elimination of not fewer than 25 employees,
4-14 including the member of the employee class, due to the
4-15 privatization of certain services.
4-16 (h) This section expires September 1, 1999.
4-17 SECTION 3. Chapter 2252, Government Code, is amended by
4-18 adding Subchapter D to read as follows:
4-19 SUBCHAPTER D. PRIVATIZATION OF STATE SERVICES
4-20 Sec. 2252.091. DEFINITION. In this subchapter, "state
4-21 agency" means a department, commission, board, office, council, or
4-22 other agency in the executive or judicial branch of state
4-23 government that is created by the constitution or a statute of this
4-24 state, including a university system or an institution of higher
4-25 education as defined by Section 61.003, Education Code, that has
4-26 eliminated not fewer than 25 employees due to the privatization of
4-27 certain services.
5-1 Sec. 2252.092. CONTRACTS. A contract between a state agency
5-2 and a private entity that contracts to provide services formerly
5-3 provided by state employees shall require the private entity to
5-4 provide at least the same compensation and benefits to its
5-5 employees as the state provided to employees performing similar
5-6 services.
5-7 SECTION 4. Subchapter A, Chapter 2254, Government Code, is
5-8 amended by adding Section 2254.006 to read as follows:
5-9 Sec. 2254.006. CONTRACT FOR PROFESSIONAL SERVICES OF FORMER
5-10 STATE EMPLOYEE. (a) A governmental entity may not enter into a
5-11 contract for the provision of professional services with a former
5-12 state employee who has retired under Section 814.1041 not more than
5-13 12 months before the date of the contract.
5-14 (b) This section expires September 1, 2000.
5-15 SECTION 5. Subchapter B, Chapter 2254, Government Code, is
5-16 amended by adding Section 2254.0261 to read as follows:
5-17 Sec. 2254.0261. CONTRACT FOR CONSULTING SERVICES OF FORMER
5-18 STATE EMPLOYEE. (a) A state agency may not contract with a former
5-19 state employee for consulting services if the former state employee
5-20 has retired under Section 814.1041 not more than 12 months before
5-21 the date of the contract.
5-22 (b) This section expires September 1, 2000.
5-23 SECTION 6. This Act takes effect September 1, 1997.
5-24 SECTION 7. The importance of this legislation and the
5-25 crowded condition of the calendars in both houses create an
5-26 emergency and an imperative public necessity that the
5-27 constitutional rule requiring bills to be read on three several
6-1 days in each house be suspended, and this rule is hereby suspended.