SRC-DBM H.B. 1976 76(R) BILL ANALYSIS
Senate Research Center H.B. 1976
By: Bosse (Madla)
State Affairs
5/5/1999
Engrossed
DIGEST
Currently, the Texas Commission on Human Rights (commission) enforces state
equal employment opportunity and fair housing laws prohibiting
discrimination on the basis of race, sex, age, religion, national origin,
and disability. The commission investigates and resolves employment and
housing discrimination complaints as an alternative to litigation and
provides training and technical assistance to state agencies and private
businesses on federal and state anti-discrimination laws. The commission
is subject to the Sunset Act and will be abolished on September 1, 1999,
unless it is continued by the legislature. As a result of its review of
the commission, the Sunset Advisory Commission recommended continuation of
the commission and several statutory modifications.
PURPOSE
As proposed, H.B. 1976 sets forth provisions for the continuation and
functions of the Commission on Human Rights.
RULEMAKING AUTHORITY
Rulemaking authority is granted to the Commission on Human Rights in
SECTIONS 12 and 15 (Section 21.0035(a), Chapter 21A, Labor Code; Section
21.543(b), Chapter 21I, Labor Code; and Section 21.556(e), Chapter 21K,
Labor Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 461.002, Government Code, to provide that the
Commission on Human Rights (commission) is abolished and this chapter
expires on September 1, 2011, rather than September 1, 1999, unless
continued as provided by Chapter 325, Government Code.
SECTION 2. Amends Section 461.052, Government Code, to define "Texas trade
association." Prohibits a person from being a member of the commission and
from being a commission employee employed in a "bona fide executive,
administrative, or professional capacity," as that phrase is used for
purposes of establishing an exemption to the overtime provisions of the
federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.)
and its subsequent amendments under certain conditions. Makes conforming
changes.
SECTION 3. Amends Chapter 461B, Government Code, by adding Section
461.0535, as follows:
Sec. 461.0535. COMMISSIONER TRAINING. Prohibits a person who is appointed
to and qualifies for office as a member of the commission from voting,
deliberating, or being counted as a member in attendance at a meeting of
the commission until the person completes a training program that complies
with this section. Sets forth the topics required to be included in the
training program. Provides that a person appointed to the commission is
entitled to reimbursement, as provided by the General Appropriations Act,
for the travel expenses incurred in attending the training program
regardless of whether the attendance at the program occurs before or after
the person qualifies for office.
SECTION 4. Amends Section 461.054, Government Code, to provide that it is
a ground for removal from the commission that a member, rather than if a
member does not have at the time of taking office the qualifications
required by Section 461.051, rather than 461.051 or 461.052(a); is
ineligible for membership under Section 461.052; cannot, because of illness
or disability, discharge the member's duties for a substantial part of the
member's term; or is absent from more than half of the regularly scheduled
commission meetings that the member is eligible to attend during a calendar
year without an excuse approved, rather than unless the absence is excused,
by a majority vote of the commission. Provides that the validity of an
action of the commission is not affected by the fact that it is taken when
a ground for removal of a commission member exists. Requires the executive
director to notify the presiding officer of the commission of the potential
ground, if certain conditions exist. Requires the presiding officer to
then notify the governor and the attorney general that a potential ground
for removal exists. Require the executive director to then notify the
governor and the attorney general that a potential ground for removal
exists, if the potential ground for removal involves the presiding officer.
Deletes text providing that it is a ground for removal from the commission
that a member cannot discharge the member's duties for a substantial part
of the term for which the member is appointed because of illness or
disability.
SECTION 5. Amends Sections 461.058(c) and (d), Government Code, to require
the executive director of the commission or the executive director's
designee, rather than commission, to provide to members of the commission
and to commission employees, as often as necessary, information regarding
the requirements for office or employment under this chapter, including
information regarding a person's responsibilities. Requires the commission
to develop and implement policies that clearly separate, rather than
define, the policymaking responsibilities of the commission and the
management responsibilities of the executive director and the staff of the
commission.
SECTION 6. Amends Section 461.060, Government Code, as follows:
Sec. 461.060. New heading: PUBLIC INTEREST INFORMATION. Sets forth the
commission's required use of various outreach methods to provide the public
with certain information relating to the commission's complaint process.
Sets forth what is required to be included in the information provided
under Subsection (b). Requires the commission to ensure that a commission
employee who is knowledgeable regarding functions of the commission is
available during regular business hours to answer questions. Deletes text
requiring the commission to notify the parties to a complaint of its status
under certain conditions. Makes conforming changes.
SECTION 7. Amends Chapter 461B, Government Code, by adding Section
461.0605, as follows:
Sec. 461.0605. COMPLAINTS. Requires the commission to maintain a file on
each written complaint filed with the commission. Sets forth the required
information to be included in the file. Requires the commission to provide
to the person filing the complaint and to each person who is a subject of
the complaint, a copy of the commission's policies and procedures relating
to complaint investigation and resolution. Requires the commission, at
least quarterly until final disposition of the complaint, to notify the
person filing the complaint and each person who is a subject of the
complaint of the status of the investigation, unless the notice would
jeopardize an undercover investigation.
SECTION 8. Amends Section 461.061, Government Code, as follows:
Sec. 461.061. New heading: PLAN FOR REASONABLE ACCESS TO COMMISSION
PROGRAMS; ACCOMMODATIONS. Sets forth the required actions of the
commission.
SECTION 9. Amends Chapter 461B, Government Code, by adding Sections
461.063 and 461.064, as follows:
Sec.461.063. INVESTIGATOR TRAINING PROGRAM; PROCEDURES MANUAL. Prohibits a
person who is employed by the commission as an investigator from conducting
an investigation until the person completes a comprehensive training and
education program for investigators that complies with this section. Sets
forth the required information to be included in the training program.
Requires each investigator to annually complete a continuing education
program designed to provide investigators with the most recent information
available regarding the issues described by Subsection (b). Requires the
commission to develop and biennially update an investigation procedures
manual. Requires the manual to include investigation procedures and
information and may include information regarding the United States
Department of Housing and Urban Development (HUD).
Sec. 461.064. ANALYSIS OF DISCRIMINATION COMPLAINTS; REPORT. Requires
the commission to collect and report statewide information relating to
employment and housing discrimination complaints as required by this
section. Requires the commission, each state fiscal year, to collect and
analyze information regarding employment and housing discrimination
complaints filed with the commission, the Equal Employment Opportunity
Commission, HUD, and local commissions in this state. Sets forth what must
be included in the information. Requires the commission to include the
results of an analysis required under this section in the commission's
annual report to the governor and legislature.
SECTION 10. Amends Section 21.002, Labor Code, by amending Subdivision (8)
and adding Subdivision (14), to redefine "employer," and define "state
agency."
SECTION 11. Amends Section 21.003(a), Labor Code, to delete existing
Subdivision (9) and to make a conforming change.
SECTION 12. Amends Chapter 21A, Labor Code, by adding Section 21.0035, as
follows:
Sec. 21.0035. CIVILIAN WORKFORCE COMPOSITION. Sets forth the
determinations required to be made, by rule, by the commission. Requires
the commission to report the percentages of the statewide workforce as
determined under this section to the governor and the legislature within a
certain time.
SECTION 13. Amends Section 21.2585(d), Labor Code, to prohibit the sum of
certain compensatory damages and other nonpecuniary losses and amounts of
punitive damages awarded under this section from exceeding for each
complainant, certain amounts in correspondence with certain numbers of
employees, including $50,000 in the case of a respondent that has fewer
than 101 employees, rather than more than 14 and fewer than 101 employees.
SECTION 14. Amends Chapter 21A, Labor Code, by adding Section 21.010, as
follows:
Sec. 21.010. EMPLOYMENT DISCRIMINATION TRAINING FOR STATE EMPLOYEES.
Requires each state agency to provide an employment discrimination training
program to employees of the agency. Sets forth the information required to
be imparted to the employee. Requires each employee of the state to attend
the training program required by this section within a certain time period.
Requires the commission to develop material for use by state agencies in
providing employment discrimination training. Requires each state agency
to require an employee of the agency who attends a training program
required by this section to sign a statement verifying the employee's
attendance at the training program. Requires an agency to file the
statement in the employee's personnel file.
SECTION 15. Amends Chapter 21, Labor Code, by adding Subchapters I-K, as
follows:
SUBCHAPTER I. PERSONNEL POLICIES AND PROCEDURES
Sec. 21.451. DEFINITION. Defines "state agency."
Sec. 21.452. DEVELOPMENT AND IMPLEMENTATION OF PERSONNEL POLICIES AND
PROCEDURES. Requires each agency to develop and implement personnel
policies and procedures that comply with this chapter.
Sec. 21.453. REVIEW. Requires the commission to review the personnel
policies and procedures of each state agency on a six-year cycle to
determine whether the policies and procedures comply with this chapter.
Requires the commission by rule, to establish a system to stagger the
reviews of state agency personal policies and procedures required under
this section. Requires the commission to recommend appropriate revisions
to the policies and procedures, if the commission determines that the
personnel policies and procedures of a state agency do not comply with this
chapter. Sets forth the required actions to be accomplished by written
order within a certain time period. Requires the review of a state
agency's personnel policies and procedures and the implementation of any
recommended revisions to be completed within one year.
Sec. 21.454. ANNUAL COMPLIANCE REPORT. Requires the agency to submit a
report detailing the agency's compliance with the policies and procedures
to the governor, legislature, and the Legislative Budget Board within a
certain time period, after the commission completes the review of a state
agency's personnel policies and procedures and the agency implements any
recommended revisions.
Sec. 21.455. REIMBURSEMENT; AUDIT. Requires a state agency to reimburse
the commission through interagency contract for the reasonable and
necessary expenses incurred by the commission in conducting a review under
Section 21.453. Requires the actual expenses incurred by the commission to
be determined by the General Services Commission. Requires the commission
to maintain a record of the time expended and the actual costs and travel
expenses incurred by the commission in conducting a review under Section
21.453. Provides that the amount of reimbursement paid by a state agency
under Subsection (a) and the record maintained by the commission under
Subsection (b) is subject to audit by the state auditor in accordance with
Chapter 321, Government Code.
Sec. 21.456. FAILURE TO COMPLY WITH SUBCHAPTER; ADMINISTRATIVE PENALTY.
Requires the commission to certify a determination to the comptroller, if
the commission determines that a state agency has failed to comply with
this subchapter. Requires the comptroller of public accounts
(comptroller), on receipt of a certification by the commission under
Subsection (a), to notify the state agency that is subject of the
certification that funds appropriated to the agency are subject to a
reduction in the amount of $50,000, unless, within a certain time period,
the agency submits proof that the agency has complied with this subchapter
to the comptroller. Sets forth the actions required by the controller, if
an agency fails to submit the proof required by this subsection to the
comptroller.
SUBCHAPTER J. HIRING PRACTICES
Sec. 21.501. WORKFORCE ANALYSIS. Requires each state agency, each state
fiscal biennium, to analyze its current workforce and compare the number of
African Americans, Hispanic Americans, and females employed by an agency in
each job category to the available African Americans, Hispanic Americans,
and females in the statewide civilian workforce to determine the percentage
of exclusion or underutilization by each job category.
Sec. 21.502. RECRUITMENT PLAN. Requires each state agency, other than a
public junior college, to develop, update, and implement a recruitment plan
to recruit capable and qualified African Americans, Hispanic Americans, and
females, if African Americans, Hispanic Americans, or females are
underemployed by the agency in a job category. Requires an agency to base
the plan on the workforce analysis prepared under Section 21.501, and on
any applicable remedy, agreement, or settlement that has been ordered or
approved by a court. Requires the plan to comply with this chapter.
Requires the commission to monitor state agencies to determine compliance
with this section.
Sec. 21.503. EFFECT ON REMEDIES UNDER OTHER LAWS. Provides that this
subchapter does not affect a remedy, agreement, settlement, or affirmative
action plan that has been ordered or approved by a court or that has been
adopted in accordance with other law.
Sec. 21.504. ANNUAL REPORT. Requires each agency, within a certain time
period, to report the total number of African Americans, Hispanic
Americans, females, and other persons hired for each job category by the
agency during the preceding state fiscal year to the commission. Requires
the commission to compile this information and submit a report based on the
information to the governor and the Legislative Budget Board, not later
than January 1 of the subsequent calendar year.
SUBCHAPTER K. EQUAL EMPLOYMENT OPPORTUNITY REPORTS
Sec. 21.551. DEFINITION. Defines "racial and ethnic group."
Sec. 21.552. EQUAL EMPLOYMENT OPPORTUNITY REPORT REQUIRED. Requires each
state agency, within a certain time period, excluding legal holidays and
weekends, to report equal employment opportunity information for the
preceding calendar year to the commission. Requires the report to be made
in the form prescribed by the commission and to include information
compiled on a monthly basis. Requires the commission, each year, to
compile equal employment opportunity information reported to the commission
by a state agency. Sets forth what is required to be included in the equal
employment opportunity information.
Sec. 21.553. COOPERATION WITH COMPTROLLER AND UNIFORM STATEWIDE ACCOUNTING
SYSTEM; REPORT TO LEGISLATURE. Requires the commission to compile the
information reported to the commission with the assistance of the
comptroller and the uniform statewide accounting system. Requires the
commission to conduct an analysis of the information reported to the
commission under this subchapter and to report the results of that analysis
to the legislature with a certain time period. Requires the report
required under this subsection to be written in plain language.
Sec. 21.554. FORM. Requires the commission to notify each state agency of
the form to be used to make a report under this subchapter for the
following year, not later than December 15 of each year.
Sec. 21.555. FAILURE TO FILE REQUIRED REPORT; ADMINISTRATIVE PENALTY.
Requires the commission to certify a determination to the comptroller, if
the commission determines that a state agency has failed to file a report
required under this subchapter. Requires the comptroller, on receipt of a
certification by the commission under Subsection (a), to notify a state
agency that is the subject of the certification that funds appropriated to
the agency are subject to a reduction in the amount of $2,000, unless
within a certain time period, the agency submits proof that the agency
filed the report required under this subchapter to the comptroller. Sets
forth the required actions of the comptroller, if the agency fails to
submit the proof required by this subsection to the comptroller.
Sec. 21.556. REQUIRED COMPLIANCE TRAINING FOR STATE AGENCIES. Requires a
state agency that receives three or more complaints of employment
discrimination in a fiscal year, other than complaints determined to be
without merit, to participate in a comprehensive equal employment
opportunity training program provided by the commission or another entity
or person approved by the commission as provided by Subsection (e).
Requires the commission to notify a state agency required to participate in
a training program under this section of that requirement and the time and
place of the training program. Requires an agency that receives notice
under Subsection (b) to designate appropriate supervisory and managerial
employees of the agency to participate in the program. Requires the agency
to also designate an employee who is a named respondent in a complaint
that is the basis for the agency's required participation in the program to
participate in the program. Requires an agency required to participate in
a program under this section to pay the cost of attending the program or
reimburse the commission through interagency contract. Requires the cost
of the providing the program to be determined and approved by the
commission in cooperation with the General Services Commission. Requires
the commission, by rule, to adopt minimum standards for a training program
described by Subsection (a). Authorizes the commission to approve an
entity or person to provide a training program under this section, only if
the program complies with the minimum standards adopted by the commission
under this subsection.
SECTION 16. Amends Chapter 301D, Property Code, by adding Section 301.070,
as follows:
Sec. 301.070. ACCESSIBILITY ASSISTANCE AND INFORMATION FOR LANDLORDS.
Requires the commission to provide to landlords technical and other
assistance relating to the accessability requirements under this chapter.
SECTION 17. (a) Effective date: September 1, 1999.
(b) Provides that the changes made to the law regarding the qualifications
of and prohibitions on members of the commission do not affect the
entitlement of a member who is serving on the commission immediately before
the effective date of this Act to continue to perform the functions of the
commission for the remainder of that member's term. Makes application of
this Act prospective. Provides that this Act does not prohibit a person
who is a member of the commission on the effective date of this Act from
being reappointed to the commission under certain conditions.
(c) Requires the commission to develop certain training programs and an
investigation procedures manual, not later than January 1, 2000.
(d) Provides that a person who is appointed to the commission on or after
the effective date of this Act is not required, as a condition to voting,
deliberating, or being counted as a member in attendance at a meeting of
the commission, to complete a commissioner training program, as required by
Section 461.0535, Government Code, as added by this Act, until March 1,
2000.
(e) Sets forth requirements for the Commission on Human Rights, not later
than January 1, 2000.
(f) Provides that a person who is employed by the commission as an
investigator on or after the effective date of this Act is not required, as
a condition of eligibility to conduct an investigation, to complete an
investigator training program as required by Section 461.063, Government
Code, as added by this Act, until March 1, 2000.
(g) Requires the commission to complete the first analysis of employment
and housing discrimination complaints, as required by Section 461.064,
Government Code, as added by this Act, not later than November 1, 1999.
(h) Makes application of this Act prospective.
(i) Requires the commission to develop and provide to each state agency
employment discrimination materials, as required by Section 21.010, Labor
Code, as added by this Act, not later than November 1, 1999.
(j) Provides that a state agency is not required to provide employment
discrimination training, as required by Section 21.010, Labor Code, as
added by this Act, until December 1, 1999.
(k) Requires a state agency to develop and implement personnel policies
and procedures, as required by Chapter 21I, as added by this Act, not later
than October 1, 1999.
(l) Requires the commission to establish a system to stagger reviews of
personnel policies and procedures, as required by Chapter 21I, Labor Code,
as added by this Act, not later than October 1, 1999.
(m) Provides that the commission is not required to review personnel
policies and procedures of a state agency, as required by Chapter 21I,
Labor Code, as added by this Act, until October 1, 1999.
(n) Requires each state agency to complete the first analysis of the
agency's workforce, as required by Chapter 21J, Labor Code, as added by
this Act, not later than November 1, 1999, and develop, a recruitment plan,
as required by Chapter 21J, Labor Code, as added by this Act, not later
than January 1, 2000.
(o) Requires the commission, with the assistance of the comptroller, to
adopt the form to be used by a state agency to make a report under Chapter
21K, Labor Code, as added by this Act, not later than December 1, 1999.
(p) Provides that a state agency is not required to participate in a
training program under Chapter 21K, Labor Code, as added by this Act, on
the basis of an employment discrimination complaint filed before the
effective date of this Act.
(q) Requires the commission to adopt minimum standards for a comprehensive
equal employment opportunity training program as required by Section
21.556, Labor Code, as added by this Act, not later than October 1, 1999.
SECTION 18.Emergency clause.