1-1 AN ACT
1-2 relating to the position classification plan for state employees.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 654.011, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 654.011. APPLICATION OF POSITION CLASSIFICATION PLAN.
1-7 (a) The position classification plan and the salary rates and
1-8 provisions in the General Appropriations Act apply to all hourly,
1-9 part-time, temporary, and regular, full-time salaried employments
1-10 in the state departments, agencies, or judicial entities specified
1-11 in the articles of the General Appropriations Act that appropriate
1-12 money to:
1-13 (1) general government [executive and administrative
1-14 departments and] agencies;
1-15 (2) health and human services [, welfare, and
1-16 rehabilitation] agencies;
1-17 (3) the judiciary, except for judges, district
1-18 attorneys, and assistant district attorneys; [and]
1-19 (4) public safety and criminal justice agencies;
1-20 (5) natural resources agencies;
1-21 (6) business and economic development agencies;
1-22 (7) regulatory agencies; and
1-23 (8) agencies of public education, but only the Texas
1-24 [Central] Education Agency, the Texas School for the Blind and
2-1 Visually Impaired, the State Board for Educator Certification, the
2-2 Telecommunications Infrastructure Fund, and the Texas School for
2-3 the Deaf.
2-4 (b) Except as provided by this chapter, the position
2-5 classification plan and the salary rates and provisions in the
2-6 General Appropriations Act apply to all hourly, part-time,
2-7 temporary, and regular, full-time salaried employments in executive
2-8 and administrative agencies of the state without regard to whether
2-9 the money of the agency is kept in the state treasury.
2-10 SECTION 2. Section 654.012, Government Code, is amended to
2-11 read as follows:
2-12 Sec. 654.012. EXCEPTIONS FROM POSITION CLASSIFICATION PLAN.
2-13 The position classification plan does not apply to:
2-14 (1) a constitutional officer or official;
2-15 (2) an elected officer or official;
2-16 (3) an officer appointed by the governor;
2-17 (4) the chief executive of a state agency;
2-18 (5) a teacher in a public school, special school of
2-19 the state, or state institution of higher education;
2-20 (6) [research] personnel in state institutions of
2-21 higher education;
2-22 (7) [a medical doctor;]
2-23 [(8)] a professional compensated for services on a fee
2-24 basis; and
2-25 (8) [(9) an hourly employee;]
2-26 [(10) a part-time employee;]
2-27 [(11) a temporary employee; and]
3-1 [(12)] an employment excluded from the plan:
3-2 (A) by executive order of the governor; or
3-3 (B) at the direction of the legislature.
3-4 SECTION 3. Section 654.015, Government Code, is amended to
3-5 read as follows:
3-6 Sec. 654.015. QUALIFICATION GUIDELINES [REQUIREMENTS] AND
3-7 SPECIFICATIONS IN POSITION CLASSIFICATION PLAN. General
3-8 qualification guidelines [requirements or similar requirements] in
3-9 the position classification plan, including specifications for
3-10 experience, training, education, knowledge, skills, abilities, and
3-11 physical conditions:
3-12 (1) are only meant to represent the qualifications
3-13 commonly wanted by employing officers of the state; and
3-14 (2) do not have the force of law.
3-15 SECTION 4. Section 654.033, Government Code, is amended to
3-16 read as follows:
3-17 Sec. 654.033. QUALIFICATIONS OF CLASSIFICATION OFFICER. To
3-18 be eligible for appointment as classification officer, an
3-19 individual must have:
3-20 (1) at least six years' experience in position
3-21 classification or human resource [personnel] management; or
3-22 (2) a period of experience equivalent to that
3-23 described in Subdivision (1) in related work in state employment
3-24 that specially qualifies the person for the position.
3-25 SECTION 5. Section 654.036, Government Code, is amended to
3-26 read as follows:
3-27 Sec. 654.036. GENERAL DUTIES OF CLASSIFICATION OFFICER. The
4-1 classification officer shall:
4-2 (1) maintain and keep current the position
4-3 classification plan;
4-4 (2) advise and assist state agencies in equitably and
4-5 uniformly applying the plan;
4-6 (3) conduct classification compliance [assist in
4-7 personnel] audits to ensure conformity with the plan; and
4-8 (4) make recommendations that the classification
4-9 officer finds necessary and desirable about the operation and for
4-10 improvement of the plan to the governor and the legislature.
4-11 SECTION 6. Section 654.038, Government Code, is amended to
4-12 read as follows:
4-13 Sec. 654.038. CLASSIFICATION COMPLIANCE [PERSONNEL] AUDITS;
4-14 NOTIFICATION AND VOLUNTARY CORRECTION OF NONCONFORMITY. (a) The
4-15 classification officer shall notify the governor, the comptroller,
4-16 the Legislative Audit Committee, and the chief executive of the
4-17 agency in writing when a classification compliance [personnel]
4-18 audit reveals nonconformity with the position classification plan
4-19 or with prescribed salary ranges. The notification shall specify
4-20 the points of nonconformity.
4-21 (b) The chief executive is entitled to a reasonable
4-22 opportunity to resolve the nonconformity by:
4-23 (1) reclassifying [reassigning] the employee to a
4-24 position title or class consistent with the work performed;
4-25 (2) changing the employee's duties [title or salary
4-26 rate] to conform to the assigned class [plan and salary range]; or
4-27 (3) obtaining a new class description of work and
5-1 salary range.
5-2 SECTION 7. Section 654.040, Government Code, is amended to
5-3 read as follows:
5-4 Sec. 654.040. ACTION BY GOVERNOR. In response to a report
5-5 under Section 654.039, the governor[:]
5-6 [(1)] may determine, after consultation with the
5-7 [advice of the] Legislative Audit Committee, the action to be taken
5-8 to resolve a nonconformity[; and]
5-9 [(2) may direct the comptroller to not issue a payroll
5-10 warrant for the appropriate employee or position until the
5-11 nonconformity is corrected].
5-12 SECTION 8. The importance of this legislation and the
5-13 crowded condition of the calendars in both houses create an
5-14 emergency and an imperative public necessity that the
5-15 constitutional rule requiring bills to be read on three several
5-16 days in each house be suspended, and this rule is hereby suspended,
5-17 and that this Act take effect and be in force from and after its
5-18 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3513 was passed by the House on May
8, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3513 was passed by the Senate on May
26, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor