SRC-JBJ S.B. 364 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 364
76R815 JMC-DBy: Madla
Jurisprudence
3/19/1999
As Filed


DIGEST 

Currently, the Texas Human Rights Commission (commission) is subject to the
Sunset Act and will be abolished on September 1, 1999, unless the
Legislature continues the commission.  The commission enforces state equal
employment opportunity and fair housing laws by investigating and resolving
employment and housing discrimination complaints as an alternative to
litigation.  The commission also provides comprehensive training and
technical assistance to state agencies and private businesses on the
federal and state anti-discrimination laws.   

The Sunset Review Commission reviewed the commission and recommended
continuing the commission and making the following statutory modifications:
enhance the commission's public outreach and investigator training efforts;
strengthen the commission's technical assistance and training roles by
codifying equal employment opportunity riders; extend the availability of
compensatory damages to all public employees who suffer employment
discriminations; and provide for other changes as recommended by the Sunset
Commission.  S.B. 364 would continue the commission for a 12-year period
and make statutory modifications. 

PURPOSE

As proposed, S.B. 364 continues the Human Rights Commission for a 12-year
period and makes statutory modifications recommended by the Sunset Review
Commission. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Human Rights Commission in SECTION
12 (Section 21.0035, Labor Code) and SECTION 15 (Section 21.453, Labor
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 461.002, Government Code, to abolish the Human
Rights Commission (commission) on September 1, 2011, rather than 1999. 

SECTION 2.  Amends Section 461.052, Government Code, to define a "Texas
trade association." Prohibits a person from being a member or employee of
the commission in a "bona fide executive, administrative, or professional
capacity" if the person or the person's spouse is involved in certain Texas
trade association activities.  Makes conforming changes. 

SECTION 3.  Amends Subchapter 461B, Government Code, by adding Section
461.0535, as follows: 

Sec. 461.0535.  COMMISSIONER TRAINING.  Prohibits a person appointed as a
member of the commission from participating in certain commission
activities until the person completes a requisite training program.
Requires the training program to provide the person with certain
information regarding the commission and state law.  Authorizes the person
to receive travel reimbursements as provided by the General Appropriations
Act, regardless of when the person qualifies for membership. 

SECTION 4.  Amends Section 461.054, Government Code, to require the
executive director of the commission to notify the presiding office of the
commission when a potential ground for removal exists. Requires the
presiding office to notify the governor and attorney general, rather than
the governor only, of that potential ground.  Requires the executive
director to notify the next highest ranking officer of the commission when
the potential ground for removal exists against the presiding officer.
Provides that  a member can be removed for grounds including a member who
does not hold the qualification required by Section 461.051 at the time of
taking office, does not maintain those qualifications required by Section
461.051, is not eligible for membership under Section 461.052, cannot
discharge membership duties because of illness or disability, or is absent
from more than half of certain commission meetings without an excuse
approved by a majority vote of the commission.  Provides that action of the
commission, rather than an act, is not affected whether it was taken when a
ground for removal existed. Deletes grounds for removal regarding
qualification for holding office at the time of appointment, holding those
qualifications under Section 461.051 or 461.051(a), not maintaining the
qualifications, violating a prohibition established by Section 461.042(b),
inability to discharge duties for which the member is appointed because of
illness or disability, and that does not have an absence excused by
majority vote of the commission.  Makes conforming change. 

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 to provide members and employees with information regarding the
requirements for office or employment under this chapter including
information regarding a person's responsibilities, rather than require the
commission to provide information regarding their qualifications and
responsibilities for office or employment.   

SECTION 6.  Amends Section 461.060, Government Code, as follows:

Sec. 461.060.  New heading:  PUBLIC INTEREST INFORMATION.  Requires the
commission to use various outreach methods to provide complaint process
information to the public.  Sets forth requirements to include in the
information under Subsection (b).  Requires the commission to ensure the
availability of a knowledgeable commission employee to answer questions
during business hours.  Deletes a notification requirement regarding a
written complaint filed with the commission.  Makes conforming changes. 

SECTION 7.  Amends Subchapter 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.  Sets forth requirements for the file.  Requires
the commission to provide the person filing the complaint and the subject
of the complaint a copy of the commission's policies and procedures
regarding investigation and resolution procedures.  Requires the commission
to give the status of the investigation, except under certain
investigations, to the filing person and the subjects of the complaint. 

SECTION 8.  Amends Section 461.061, Government Code, as follows:

Sec. 461.061.  New heading:  PLAN FOR REASONABLE ACCESS TO COMMISSION
PROGRAMS; ACCOMMODATIONS.  Requires the commission to provide the option of
a telephone operator to assist deaf, mobility-impaired, or cognitive
dysfunctional persons; to provide Section 461.060 public interest
information in certain alternative formats; and to make the commission's
Internet site accessible to a disabled person. 

SECTION 9.  Amends Subchapter 461B, Government Code, by adding Sections
461.063 and 461.064, as follows: 

Sec. 461.063.  INVESTIGATOR TRAINING PROGRAM; PROCEDURES MANUAL. Prohibits
commission investigators from conducting an investigation until a
comprehensive training and education program for investigators that
complies with this section is completed. Sets forth educational
requirements for the training program.  Requires each investigator to
complete an annual continuing education program covering updates to the
initial training as well as judicial and legislative changes.  Requires the
commission to develop and biennially update an investigation procedures
manual that must include investigation procedures and information and may
include information from the Equal Employment Opportunity Commission and
the U.S. Department of Housing and Urban Development.   

Sec. 461.064.  ANALYSIS OF DISCRIMINATION COMPLAINTS; REPORT.  Requires the
commission to collect and report information on statewide employment and
housing discrimination complaints.  Requires the commission each fiscal
year to collect and analyze  information regarding employment and housing
discrimination complaints filed with the Equal Employment Opportunity
Commission, the U.S. Department of Housing and Urban Development, and local
commission in this state.  Sets forth analyzing requirements for the
information.  Requires the commission to include in an annual report to the
governor and legislature the results of the analyses. 

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 authority for
the commission to require state agencies and public institutions of higher
education to develop and implement personnel policies that comply with this
chapter.   

SECTION 12.  Amends Subchapter 21A, Labor Code, by adding Section 21.0035,
as follows: 

Sec. 21.0035.  CIVILIAN WORKFORCE COMPOSITION.  Requires the commission to
biennially determine, by rule, certain percentages regarding statewide
workforces.  Requires the commission to report within a certain time period
the percentages to the governor and the legislature. 

SECTION 13.  Amends Section 21.2585(d), Labor Code, by prohibiting the sum
of the amount of compensatory damages for each complaint from exceeding
$50,000 in the case of a respondent that has fewer than 101 employees,
rather than has more than 14 and few than 101 employees. 

SECTION 14.  Amends Subchapter 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 program,
including providing employees with certain information on nondiscrimination
and sexual harassment.  Requires each employee to attend within a certain
date the training program and to attend supplemental training every two
years.  Requires the commission to develop training materials for state
agencies.  Requires the state agency to have each state employee sign an
attendance sheet when attending the training program and to file the sheet
with 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 state agency to develop and implement personnel
policies and procedures that comply with this chapter, including personnel
selection procedures that incorporate a workforce diversity program. 

Sec. 21.453.  REVIEW.  Requires the commission to review in a six-year
cycle the policies and procedures of each state agency and to determine
whether they comply with this chapter. Requires the commission to develop,
by rule, a staggered system for reviewing the agencies' policies and
procedures.  Requires the commission to recommend appropriate revisions to
an agency's inadequate personnel policies and procedures.  Requires the
state agency to implement the revisions within one year.   

Sec. 21.454.  ANNUAL COMPLIANCE REPORT.  Requires the commission to submit
to the governor and legislature a report on an agency's policies and
procedures, after review of the agency and implementation of any Section
21.453 revisions. 

Sec. 21.455.  REIMBURSEMENT.  Requires an agency to reimburse by
interagency contract the commission for the reviews conducted under Section
21.453.  Provides that the actual expenses shall be determined by the
General Services Commission and may not exceed $5,000 per state agency. 
 
Sec. 21.456.  FAILURE TO COMPLY WITH SUBCHAPTER; ADMINISTRATIVE PENALTY.
Requires the commission to certify whether an agency has not complied with
this subchapter and to notify the comptroller if so.  Requires the
comptroller to notify the agency that its appropriations will be subject to
a $5,000 reduction if the agency does not, within a certain time, comply
with this subchapter.  Requires the comptroller to take certain action if
the agency has not changed its policies and procedures or reimbursed the
commission.   

SUBCHAPTER J.  HIRING PRACTICES.

Sec. 21.501.  WORKFORCE ANALYSIS.  Requires each state agency to analyze
its current workforce; compares the number of African Americans, Hispanic
Americans, and females employed by the agency in each job category to the
available African Americans, Hispanic Americans, and females in the
statewide civilian workforce; and determine the percentage of exclusion or
underutilization by each job category. 

Sec. 21.502.  RECRUITMENT PLAN.  Requires each state agency, except certain
junior colleges, to develop a plan to recruit African Americans, Hispanic
Americans, and females if they are underemployed by the agency in a job
category.  Requires the agency to base the plan on the workforce analysis
prepared under Section 21.501 and on any other 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. 

Sec. 21.503.  EFFECT ON REMEDIES UNDER OTHER LAWS.  Provides that this
chapter does not affect a remedy, agreement, settlement, or affirmative
action plan adopted or approved by a court or that has been adopted in
accordance with other law.   

Sec. 21.504.  ANNUAL REPORT.  Requires each state agency by a certain date
to report to the commission, the Legislative Budget Board, and the
governor, the certain demographic statistics required by this chapter.   

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 to submit to the commission each year information on equal
employment opportunity, on a certain report, by a certain date.  Requires
the commission to compile the information.  Sets forth statistics required
for the submissions.   

Sec. 21.553.  COOPERATION WITH COMPTROLLER AND UNIFORM STATEWIDE ACCOUNTING
SYSTEM; REPORT TO LEGISLATURE.  Requires the commission to compile with the
assistance of the comptroller and the uniform statewide accounting system
the information reported under this chapter.  Requires the commission to
conduct an analysis of the information reported under this subchapter and
report within a certain date the results to the legislature.  Requires the
reports under this subsection to be written in plain language.   

Sec. 21.554.  FORM.  Requires the commission to notify by a certain date
each state agency of the form used to make a report under this chapter for
the following year. 

Sec. 21.555.  FAILURE TO FILE REQUIRED REPORT; ADMINISTRATIVE PENALTY.
Requires the commission to certify with the comptroller whether an agency
has failed to file a report required under this subchapter.  Requires the
comptroller to notify the agency that its appropriations will be subject to
a $2,000 reduction if the agency does not within a certain time comply with
this subchapter.  Requires the comptroller to take certain action if the
agency has not submitted proof of complying with this subchapter. 

Sec. 21.556.  REQUIRED COMPLIANCE TRAINING FOR STATE AGENCIES.  Requires a
state agency to participate in a comprehensive equal employment opportunity
program provided by the commission, if the agency has received three or
more complaints with cause of  employment discrimination in a fiscal year.
Requires the commission to notify the state agency  of the training
requirement as well as the time and place of the training program.
Requires a state agency that receives notice under Subsection (b) to
designate appropriate supervisory and managerial employees and any employee
named as a respondent in a complaint contributing to the agency's required
program participation to participate in the training program.  Requires the
agency to pay the cost of training and reimburse the commission.  Requires
the cost of the program to be determined and approved by the commission in
cooperation with the General Services Commission. 

SECTION 16.  Amends Subchapter 301D, Property Code, by adding Section
301.070, as follows: 

Sec. 301.070.  ACCESSIBILITY ASSISTANCE AND INFORMATION FOR LANDLORDS.
Requires the commission to provide landlords technical assistance relating
to accessibility requirements under this chapter. 

SECTION 17.  (a)  Effective date: September 1, 1999.

(b)  Makes application of this Act prospective regarding membership on the
commission. Provides that this Act does not prohibit a member currently
serving from being reappointed if the person meets the qualifications under
Chapter 461, Government Code. 

(c)  Requires the commission to develop by January 1, 2000, certain
training programs and manuals for training. 

(d)  Makes application of Section 461.0535, Government Code, prospective
for a person appointed as a member of the commission, until March 1, 2000. 

(e)  Requires the commission to provide by January 1, 2000, certain
telephone and operator services. 

(f)  Makes application of Section 461.063, Government Code, prospective for
investigators of the commission. 

(g)  Requires the commission to complete by November 1, 1999, the first
employment and housing discrimination analysis under Section 461.064,
Government Code. 

 (h)  Makes application of Section 21.2585(d), Labor Code, prospective.

(i)  Requires the commission to develop and provide by November 1, 1999,
each state agency the employment discrimination materials under Section
21.010, Labor Code. 

(j)  Provides that an agency is not required to provide employment
discrimination training, as required by Section 21.010, Labor Code, until
December 1, 1999. 

(k)  Requires each agency to develop and implement by October 1, 1999, the
personnel policies and procedures under Subchapter 21I, Labor Code. 

(l)  Requires the commission to develop by October 1, 1999, the staggered
system for reviewing personnel policies and proceeds under Subchapter 21I,
Labor Code. 

(m)  Provides that the commission is not required until October 1, 1999, to
review the personnel policies and procedures under Subchapter 21I, Labor
Code. 

(n)  Requires each state agency to complete by November 1, 1999, the agency
workforce analysis and to develop by January 1, 2000, the recruitment plan,
under Subchapter 21J, Labor Code. 

(o)  Requires the commission with the comptroller to adopt by December 1,
1999, the form used by a state agency to make a report under Subchapter
21K, Labor Code. 

(p)  Establishes that an agency is not required to participate in a
Subchapter 21K, Labor Code, training program, on the basis of an employment
discrimination filed prior to the effective date  of this Act.  

SECTION 18.Emergency clause.