By Barrientos S.B. No. 1732 75R7614 MLS-D 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 positions 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 SECTION 2. Subchapter B, Chapter 814, Government Code, is 2-15 amended by adding Section 814.1041 to read as follows: 2-16 Sec. 814.1041. RETIREMENT INCENTIVE FOR EMPLOYEE CLASS. (a) 2-17 A member of the employee class may retire under this section if the 2-18 member has at least a minimum amount of service credit required by 2-19 Section 814.104 and is not more than three years younger than the 2-20 minimum age required under that section for eligibility for service 2-21 retirement with that amount of service credit. 2-22 (b) A member of the employee class who has at least the 2-23 minimum amount and type of service credit required for service 2-24 retirement with an annuity computed under Section 814.107 may 2-25 retire under this section and receive an annuity under that section 2-26 that is not actuarially reduced, if the member is not more than 2-27 three years younger than the minimum age required under that 3-1 section to avoid actuarial reduction of the annuity. 3-2 (c) A member eligible to retire under this section is one 3-3 who: 3-4 (1) meets minimum age and service requirements under 3-5 Section 814.104 or 814.107 except as provided by Subsection (a) or 3-6 (b) of this section, as applicable; 3-7 (2) applies for service retirement; 3-8 (3) holds a position included in the employee class on 3-9 the date the application is filed; and 3-10 (4) designates an effective date of retirement that is 3-11 after August 31, 1997, but before September 1, 1999, and is the 3-12 later of September 30, 1997, or the earliest date that the member's 3-13 retirement may become effective. 3-14 (d) The retirement system shall report to the comptroller 3-15 the name of each person who retires under this section, the 3-16 effective date of the person's retirement, the entity by which the 3-17 person was employed immediately before retirement, and the amount 3-18 of compensation used in computing the person's annuity. The 3-19 retirement system shall submit reports under this subsection at the 3-20 times and in the manner the comptroller provides. 3-21 (e) Except as provided by Subsection (f), the comptroller 3-22 shall reduce the total amount of legislative appropriations to the 3-23 entity by which the retiring member was employed immediately before 3-24 retirement by the amount of the reported compensation multiplied by 3-25 the number of months remaining in the fiscal biennium. 3-26 (f) The comptroller may not reduce appropriations under 3-27 Subsection (e) if the total legislative appropriations to the 4-1 entity for the fiscal year in which the employee retires, or for 4-2 any subsequent fiscal year in the biennium, are less than $1 4-3 million. 4-4 (g) This section expires September 1, 1999. 4-5 SECTION 3. Chapter 2252, Government Code, is amended by 4-6 adding Subchapter D to read as follows: 4-7 SUBCHAPTER D. PRIVATIZATION OF STATE SERVICES 4-8 Sec. 2252.091. DEFINITION. In this subchapter, "state 4-9 agency" means a department, commission, board, office, council, or 4-10 other agency in the executive or judicial branch of state 4-11 government that is created by the constitution or a statute of this 4-12 state, including a university system or an institution of higher 4-13 education as defined by Section 61.003, Education Code. 4-14 Sec. 2252.092. CONTRACTS. A contract between a state agency 4-15 and a private entity that contracts to provide services formerly 4-16 provided by state employees shall require the private entity to 4-17 provide at least the same compensation and benefits to its 4-18 employees as the state provided to employees performing similar 4-19 services. 4-20 SECTION 4. This Act takes effect September 1, 1997. 4-21 SECTION 5. The importance of this legislation and the 4-22 crowded condition of the calendars in both houses create an 4-23 emergency and an imperative public necessity that the 4-24 constitutional rule requiring bills to be read on three several 4-25 days in each house be suspended, and this rule is hereby suspended.