By Greenberg H.B. No. 3512
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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.
2-1 Sec. 666.003. OUTPLACEMENT SERVICES. (a) The Texas
2-2 Workforce Commission shall establish a program to offer
2-3 outplacement services to former employees of a state agency that:
2-4 (1) has reduced its workforce by not fewer than 25
2-5 employees; or
2-6 (2) has eliminated not fewer than 25 positions due to
2-7 the privatization of certain services.
2-8 (b) The outplacement services offered under Subsection (a)
2-9 must include:
2-10 (1) reasonable access to career centers;
2-11 (2) assistance in locating other available state
2-12 employment;
2-13 (3) counseling regarding unemployment benefits; and
2-14 (4) instruction on resume drafting and other
2-15 career-related services.
2-16 SECTION 2. Subchapter B, Chapter 814, Government Code, is
2-17 amended by adding Section 814.1041 to read as follows:
2-18 Sec. 814.1041. RETIREMENT INCENTIVE FOR EMPLOYEE CLASS. (a)
2-19 A member of the employee class may retire under this section if the
2-20 member has at least a minimum amount of service credit required by
2-21 Section 814.104 and is not more than three years younger than the
2-22 minimum age required under that section for eligibility for service
2-23 retirement with that amount of service credit. A state agency, as
2-24 defined in Sec. 666.001, may not enter into a contract for
2-25 consulting or professional services or into an employment contract,
2-26 with any individual who has been previously employed by a state
2-27 agency, as defined in Sec. 666.001, within the past twelve months.
3-1 For the purpose of this section, the term "employment contract"
3-2 shall include a personal services contract regardless of whether
3-3 the performance of such a contract involves the traditional
3-4 relationship of employer and employee.
3-5 (b) A member of the employee class who has at least the
3-6 minimum amount and type of service credit required for service
3-7 retirement with an annuity computed under Section 814.107 may
3-8 retire under this section and receive an annuity under that section
3-9 that is not actuarially reduced, if the member is not more than
3-10 three years younger than the minimum age required under that
3-11 section to avoid actuarial reduction of the annuity.
3-12 (c) A member eligible to retire under this section is one
3-13 who:
3-14 (1) meets minimum age and service requirements under
3-15 Section 814.104 or 814.107 except as provided by Subsection (a) or
3-16 (b) of this section, as applicable;
3-17 (2) applies for service retirement;
3-18 (3) holds a position included in the employee class on
3-19 the date the application is filed; and
3-20 (4) designates an effective date of retirement that is
3-21 after August 31, 1997, but before September 1, 1999, and is the
3-22 later of September 30, 1997, or the earliest date that the member's
3-23 retirement may become effective.
3-24 (d) The retirement system shall report to the comptroller
3-25 the name of each person who retires under this section, the
3-26 effective date of the person's retirement, the entity by which the
3-27 person was employed immediately before retirement, and the amount
4-1 of compensation used in computing the person's annuity. The
4-2 retirement system shall submit reports under this subsection at the
4-3 times and in the manner the comptroller provides.
4-4 (e) Except as provided by Subsection (f), the comptroller
4-5 shall reduce the total amount of legislative appropriations to the
4-6 entity by which the retiring member was employed immediately before
4-7 retirement by the amount of the reported compensation multiplied by
4-8 the number of months remaining in the fiscal biennium.
4-9 (f) The comptroller may not reduce appropriations under
4-10 Subsection (e) if the total legislative appropriations to the
4-11 entity for the fiscal year in which the employee retires, or for
4-12 any subsequent fiscal year in the biennium, are less than $1
4-13 million.
4-14 (g) This section expires September 1, 1999.
4-15 SECTION 3. Chapter 2252, Government Code, is amended by
4-16 adding Subchapter D to read as follows:
4-17 SUBCHAPTER D. PRIVATIZATION OF STATE SERVICES
4-18 Sec. 2252.091. DEFINITION. In this subchapter, "state
4-19 agency" means a department, commission, board, office, council, or
4-20 other agency in the executive or judicial branch of state
4-21 government that is created by the constitution or a statute of this
4-22 state, including a university system or an institution of higher
4-23 education as defined by Section 61.003, Education Code.
4-24 Sec. 2252.092. CONTRACTS. A contract between a state agency
4-25 and a private entity that contracts to provide services formerly
4-26 provided by state employees shall require the private entity to
4-27 provide at least the same compensation and benefits to its
5-1 employees as the state provided to employees performing similar
5-2 services.
5-3 SECTION 4. This Act takes effect September 1, 1997.
5-4 SECTION 5. The importance of this legislation and the
5-5 crowded condition of the calendars in both houses create an
5-6 emergency and an imperative public necessity that the
5-7 constitutional rule requiring bills to be read on three several
5-8 days in each house be suspended, and this rule is hereby suspended.