1-1 By: Greenberg (Senate Sponsor - Sibley) H.B. No. 3513
1-2 (In the Senate - Received from the House May 9, 1997;
1-3 May 12, 1997, read first time and referred to Committee on Finance;
1-4 May 18, 1997, reported favorably by the following vote: Yeas 13,
1-5 Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the position classification plan for state employees.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 654.011, Government Code, is amended to
1-11 read as follows:
1-12 Sec. 654.011. APPLICATION OF POSITION CLASSIFICATION PLAN.
1-13 (a) The position classification plan and the salary rates and
1-14 provisions in the General Appropriations Act apply to all hourly,
1-15 part-time, temporary, and regular, full-time salaried employments
1-16 in the state departments, agencies, or judicial entities specified
1-17 in the articles of the General Appropriations Act that appropriate
1-18 money to:
1-19 (1) general government [executive and administrative
1-20 departments and] agencies;
1-21 (2) health and human services [, welfare, and
1-22 rehabilitation] agencies;
1-23 (3) the judiciary, except for judges, district
1-24 attorneys, and assistant district attorneys; [and]
1-25 (4) public safety and criminal justice agencies;
1-26 (5) natural resources agencies;
1-27 (6) business and economic development agencies;
1-28 (7) regulatory agencies; and
1-29 (8) agencies of public education, but only the Texas
1-30 [Central] Education Agency, the Texas School for the Blind and
1-31 Visually Impaired, the State Board for Educator Certification, the
1-32 Telecommunications Infrastructure Fund, and the Texas School for
1-33 the Deaf.
1-34 (b) Except as provided by this chapter, the position
1-35 classification plan and the salary rates and provisions in the
1-36 General Appropriations Act apply to all hourly, part-time,
1-37 temporary, and regular, full-time salaried employments in executive
1-38 and administrative agencies of the state without regard to whether
1-39 the money of the agency is kept in the state treasury.
1-40 SECTION 2. Section 654.012, Government Code, is amended to
1-41 read as follows:
1-42 Sec. 654.012. EXCEPTIONS FROM POSITION CLASSIFICATION PLAN.
1-43 The position classification plan does not apply to:
1-44 (1) a constitutional officer or official;
1-45 (2) an elected officer or official;
1-46 (3) an officer appointed by the governor;
1-47 (4) the chief executive of a state agency;
1-48 (5) a teacher in a public school, special school of
1-49 the state, or state institution of higher education;
1-50 (6) [research] personnel in state institutions of
1-51 higher education;
1-52 (7) [a medical doctor;]
1-53 [(8)] a professional compensated for services on a fee
1-54 basis; and
1-55 (8) [(9) an hourly employee;]
1-56 [(10) a part-time employee;]
1-57 [(11) a temporary employee; and]
1-58 [(12)] an employment excluded from the plan:
1-59 (A) by executive order of the governor; or
1-60 (B) at the direction of the legislature.
1-61 SECTION 3. Section 654.015, Government Code, is amended to
1-62 read as follows:
1-63 Sec. 654.015. QUALIFICATION GUIDELINES [REQUIREMENTS] AND
1-64 SPECIFICATIONS IN POSITION CLASSIFICATION PLAN. General
2-1 qualification guidelines [requirements or similar requirements] in
2-2 the position classification plan, including specifications for
2-3 experience, training, education, knowledge, skills, abilities, and
2-4 physical conditions:
2-5 (1) are only meant to represent the qualifications
2-6 commonly wanted by employing officers of the state; and
2-7 (2) do not have the force of law.
2-8 SECTION 4. Section 654.033, Government Code, is amended to
2-9 read as follows:
2-10 Sec. 654.033. QUALIFICATIONS OF CLASSIFICATION OFFICER. To
2-11 be eligible for appointment as classification officer, an
2-12 individual must have:
2-13 (1) at least six years' experience in position
2-14 classification or human resource [personnel] management; or
2-15 (2) a period of experience equivalent to that
2-16 described in Subdivision (1) in related work in state employment
2-17 that specially qualifies the person for the position.
2-18 SECTION 5. Section 654.036, Government Code, is amended to
2-19 read as follows:
2-20 Sec. 654.036. GENERAL DUTIES OF CLASSIFICATION OFFICER. The
2-21 classification officer shall:
2-22 (1) maintain and keep current the position
2-23 classification plan;
2-24 (2) advise and assist state agencies in equitably and
2-25 uniformly applying the plan;
2-26 (3) conduct classification compliance [assist in
2-27 personnel] audits to ensure conformity with the plan; and
2-28 (4) make recommendations that the classification
2-29 officer finds necessary and desirable about the operation and for
2-30 improvement of the plan to the governor and the legislature.
2-31 SECTION 6. Section 654.038, Government Code, is amended to
2-32 read as follows:
2-33 Sec. 654.038. CLASSIFICATION COMPLIANCE [PERSONNEL] AUDITS;
2-34 NOTIFICATION AND VOLUNTARY CORRECTION OF NONCONFORMITY. (a) The
2-35 classification officer shall notify the governor, the comptroller,
2-36 the Legislative Audit Committee, and the chief executive of the
2-37 agency in writing when a classification compliance [personnel]
2-38 audit reveals nonconformity with the position classification plan
2-39 or with prescribed salary ranges. The notification shall specify
2-40 the points of nonconformity.
2-41 (b) The chief executive is entitled to a reasonable
2-42 opportunity to resolve the nonconformity by:
2-43 (1) reclassifying [reassigning] the employee to a
2-44 position title or class consistent with the work performed;
2-45 (2) changing the employee's duties [title or salary
2-46 rate] to conform to the assigned class [plan and salary range]; or
2-47 (3) obtaining a new class description of work and
2-48 salary range.
2-49 SECTION 7. Section 654.040, Government Code, is amended to
2-50 read as follows:
2-51 Sec. 654.040. ACTION BY GOVERNOR. In response to a report
2-52 under Section 654.039, the governor[:]
2-53 [(1)] may determine, after consultation with the
2-54 [advice of the] Legislative Audit Committee, the action to be taken
2-55 to resolve a nonconformity[; and]
2-56 [(2) may direct the comptroller to not issue a payroll
2-57 warrant for the appropriate employee or position until the
2-58 nonconformity is corrected].
2-59 SECTION 8. The importance of this legislation and the
2-60 crowded condition of the calendars in both houses create an
2-61 emergency and an imperative public necessity that the
2-62 constitutional rule requiring bills to be read on three several
2-63 days in each house be suspended, and this rule is hereby suspended,
2-64 and that this Act take effect and be in force from and after its
2-65 passage, and it is so enacted.
2-66 * * * * *