Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
By Greenberg H.B. No. 3513
A BILL TO BE ENTITLED
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 Act.
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) [executive and administrative departments and]
1-14 general government agencies;
1-15 (2) health[, welfare,] and human services
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 Central
1-24 Education Agency, the Texas School for the Blind and Visually
2-1 Impaired, and the Texas School for the Deaf.
2-2 (b) Except as provided by this chapter, the position
2-3 classification plan and the salary rates and provisions in the
2-4 General Appropriations Act apply to all hourly, part-time,
2-5 temporary, and regular, full-time salaried employments in executive
2-6 and administrative agencies of the state without regard to whether
2-7 the money of the agency is kept in the state treasury.
2-8 SECTION 2. Section 654.012, Government Code, is amended to
2-9 read as follows:
2-10 Sec. 654.012. Exceptions from Position Classification Plan.
2-11 The position classification plan does not apply to:
2-12 (1) a constitutional officer or official;
2-13 (2) an elected officer or official;
2-14 (3) an officer appointed by the governor;
2-15 (4) the chief executive of a state agency;
2-16 (5) a teacher in a public school, special school of
2-17 the state, or state institution of higher education;
2-18 (6) [research] personnel in state institutions of
2-19 higher education;
2-20 (7) [a medical doctor;]
2-21 [(8)] a professional compensated for services on a fee
2-22 basis; and
2-23 [(9) an hourly employee;]
2-24 [(10) a part-time employee;]
2-25 [(11) a temporary employee; and]
2-26 [(12)]
2-27 (8) an employment excluded from the plan:
2-28 (A) by executive order of the governor; or
2-29 (B) at the direction of the legislature.
2-30 SECTION 3. Section 654.015, Government Code, is amended to
3-1 read as follows:
3-2 Sec. 654.015. QUALIFICATION GUIDELINES [REQUIREMENTS] AND
3-3 SPECIFICATIONS IN POSITION CLASSIFICATION PLAN. General
3-4 qualification guidelines [requirements or similar requirements] in
3-5 the position classification plan, including specifications for
3-6 experience, training, education, knowledge, skills, abilities, and
3-7 physical conditions:
3-8 (1) are only meant to represent the qualifications
3-9 commonly wanted by employing officers of the state; and
3-10 (2) do not have the force of law.
3-11 SECTION 4. Section 654.033, Government Code, is amended to
3-12 read as follows:
3-13 Sec. 654.033. QUALIFICATIONS OF CLASSIFICATION OFFICER. To
3-14 be eligible for appointment as classification officer, an
3-15 individual must have:
3-16 (1) at least six years' experience in position
3-17 classification or human resources [personnel] management; or
3-18 (2) a period of experience equivalent to that
3-19 described in Subdivision (1) in related work in state employment
3-20 that specially qualifies the person for the position.
3-21 SECTION 5. Section 654.036, Government Code, is amended to
3-22 read as follows:
3-23 Sec. 654.036. General Duties of Classification Officer. The
3-24 classification officer shall:
3-25 (1) maintain and keep current the position
3-26 classification plan;
3-27 (2) advise and assist state agencies in equitably and
3-28 uniformly applying the plan;
3-29 (3) conduct classification compliance [assist in
3-30 personnel] audits to ensure conformity with the plan; and
4-1 (4) make recommendations that the classification
4-2 officer finds necessary and desirable about the operation and for
4-3 improvement of the plan to the governor and the legislature.
4-4 SECTION 6. Section 654.038, Government Code, is amended to
4-5 read as follows:
4-6 Sec. 654.038. CLASSIFICATION COMPLIANCE [PERSONNEL] AUDITS;
4-7 NOTIFICATION AND VOLUNTARY CORRECTION OF NONCONFORMITY. (a) The
4-8 classification officer shall notify the Legislative Audit
4-9 Committee, the governor, the comptroller, and the chief executive
4-10 of the agency in writing when a classification compliance
4-11 [personnel] audit reveals nonconformity with the position
4-12 classification plan or with prescribed salary ranges. The
4-13 notification shall specify the points of nonconformity.
4-14 (b) The chief executive is entitled to a reasonable
4-15 opportunity to resolve the nonconformity by:
4-16 (1) reclassifying [reassigning] the employee to a
4-17 position title or class consistent with the work performed;
4-18 (2) changing the employee's duties [title or salary
4-19 rate] to conform to the assigned class [plan and salary range]; or
4-20 (3) obtaining a new class description of work and
4-21 salary range.
4-22 SECTION 7. Section 654.040, Government Code, is amended to
4-23 read as follows:
4-24 Sec. 654.040. Action by The Governor. In response to a
4-25 report under Section 654.039, the governor[:]
4-26 [(1)] may determine, after consultation with [the
4-27 advice of] the Legislative Audit Committee, the action to be taken
4-28 to resolve a nonconformity[; and]
4-29 [(2) may direct the comptroller to not issue a payroll
4-30 warrant for the appropriate employee or position until the
5-1 nonconformity is corrected.]
5-2 SECTION 8. Section 654.041, Government Code, is amended to
5-3 read as follows:
5-4 Sec. 654.041. Examination for Compliance by State Auditor,
5-5 Reports. The state auditor shall:
5-6 (1) examine or cause to be examined, in periodic
5-7 postaudits of their expenditures and by methods the auditor
5-8 considers appropriate and adequate, whether departments and
5-9 agencies are in compliance with this chapter; and
5-10 (2) report the findings to the governor, the
5-11 comptroller, and the Legislative Audit Committee.
5-12 SECTION 9. 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.