By McCall                                             H.B. No. 1191
         76R841 GWK-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to requirements for membership on or employment by the
 1-3     Board of Pardons and Paroles.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 508.031(b), Government Code, is amended
 1-6     to read as follows:
 1-7           (b)  Appointments to the board must be made without regard to
 1-8     the race, color, disability [handicap], sex, religion, age, or
 1-9     national origin of the appointed members.
1-10           SECTION 2.  Section 508.033, Government Code, is amended to
1-11     read as follows:
1-12           Sec. 508.033.  DISQUALIFICATIONS.  (a)  A person is not
1-13     eligible for appointment as a member of the board if the person or
1-14     the person's spouse:
1-15                 (1)  is employed by or participates in the management
1-16     of a business entity or other organization receiving funds from the
1-17     department or the board;
1-18                 (2)  owns or controls, directly or indirectly, more
1-19     than a 10-percent interest in a business entity or other
1-20     organization:
1-21                       (A)  regulated by the department; or
1-22                       (B)  receiving funds from the department or the
1-23     board; or
1-24                 (3)  uses or receives a substantial amount of tangible
 2-1     goods, services, or funds from the department or the board, other
 2-2     than compensation or reimbursement authorized by law for board
 2-3     membership, attendance, or expenses.
 2-4           (b)  In determining eligibility under Subsection (a)(3), the
 2-5     compensation or reimbursement that a board member's spouse receives
 2-6     as an employee of the board or the department may not be
 2-7     considered.  This subsection does not affect any restriction on
 2-8     employment or board membership imposed by any other law.
 2-9           (c)  A person may not be a member of the board and may not be
2-10     an employee of the division or the board employed in a "bona fide
2-11     executive, administrative, or professional capacity," as that
2-12     phrase is used for purposes of establishing an exemption to the
2-13     overtime provisions of the federal Fair Labor Standards Act of 1938
2-14     (29 U.S.C. Section 201 et seq.) and its subsequent amendments if:
2-15                 (1)  the person is an officer, employee, or paid
2-16     consultant of a Texas trade association in the field of criminal
2-17     justice; or
2-18                 (2)  the person's spouse is an officer, manager, or
2-19     paid consultant of a Texas trade association in the field of
2-20     criminal justice.  [An employee or paid officer of or consultant to
2-21     a trade association in the field of criminal justice may not be:]
2-22                 [(1)  a member of the board; or]
2-23                 [(2)  an employee of the division or the board who is
2-24     exempt from the state's position classification plan or who is
2-25     compensated at or above the amount prescribed by the General
2-26     Appropriations Act for step 1, salary group A17, of the position
2-27     classification salary schedule.]
 3-1           (d)  [A person who is the spouse of an officer or manager of
 3-2     or paid consultant to a trade association in the field of criminal
 3-3     justice may not be:]
 3-4                 [(1)  a member of the board; or]
 3-5                 [(2)  an employee of the division or the board who is:]
 3-6                       [(A)  exempt from the state's classification
 3-7     plan; or]
 3-8                       [(B)  compensated at or above the amount
 3-9     prescribed by the General Appropriations Act for step 1, salary
3-10     group A17, of the position classification salary schedule.]
3-11           [(e)]  A person who is required to register as a lobbyist
3-12     under Chapter 305 because of the person's activities for
3-13     compensation in or on behalf of a profession related to the
3-14     operation of the board may not:
3-15                 (1)  serve as a member of the board; or
3-16                 (2)  act as the general counsel to the board or
3-17     division.
3-18           (e) [(f)]  In this section, "Texas [a] trade association"
3-19     means [is] a [nonprofit,] cooperative[,] and voluntarily joined
3-20     association of business or professional competitors in this state
3-21     [that is] designed to assist its [the association's] members and
3-22     its [the association's] industry or profession in:
3-23                 (1)  dealing with mutual business or professional
3-24     problems; and
3-25                 (2)  promoting their common interests.
3-26           SECTION 3.  Section 508.034(a), Government Code, is amended
3-27     to read as follows:
 4-1           (a)  It is a ground for removal from the board that [if] a
 4-2     member:
 4-3                 (1)  does not have at the time of taking office the
 4-4     qualification required by [appointment is not qualified under]
 4-5     Section 508.032(b) [508.032 or 508.033(a)] for appointment to the
 4-6     board;
 4-7                 (2)  is ineligible for membership under [during the
 4-8     member's service on the board becomes ineligible under Section
 4-9     508.033(a) for appointment to the board;]
4-10                 [(3)  violates] Section 508.033 [508.033(c), (d), or
4-11     (e)];
4-12                 (3) [(4)]  is unable to discharge the member's duties
4-13     for a substantial part of the term for which the member is
4-14     appointed because of illness or disability; or
4-15                 (4) [(5)]  is absent from more than half of the
4-16     regularly scheduled board or panel meetings that the member is
4-17     eligible to attend during each calendar year, except when the
4-18     absence is excused by majority vote of the board.
4-19           SECTION 4.  Sections 508.0362(a) and (c), Government Code,
4-20     are amended to read as follows:
4-21           (a)  A person who is appointed to and qualifies for [To be
4-22     eligible to take] office as a member of the board or the policy
4-23     board may not vote, deliberate, or be counted as a member in
4-24     attendance at a meeting of the board or policy board until the
4-25     person completes [, a person appointed to the board or policy board
4-26     must complete] at least one course of a training program that
4-27     complies with this section.
 5-1           (c)  A person appointed to the board or policy board is
 5-2     entitled to reimbursement [for travel expenses incurred in
 5-3     attending the training program], as provided by the General
 5-4     Appropriations Act, for the travel expenses incurred in attending
 5-5     the training program regardless of whether the attendance at the
 5-6     program occurs before or after the person qualifies for office [and
 5-7     as if the person were a member of the board or policy board].
 5-8           SECTION 5.  Section 508.040, Government Code, is amended to
 5-9     read as follows:
5-10           Sec. 508.040.  PERSONNEL.  (a)  The policy board shall employ
5-11     and supervise:
5-12                 (1)  a general counsel to the board;
5-13                 (2)  a board administrator to manage the day-to-day
5-14     activities of the board;
5-15                 (3)  hearing officers;
5-16                 (4)  personnel to assist in clemency matters; and
5-17                 (5)  secretarial or clerical personnel.
5-18           (b)  The board administrator or the board administrator's
5-19     designee shall prepare and maintain a written  policy statement
5-20     that implements [to ensure implementation of] a program of equal
5-21     employment opportunity under which all personnel decisions
5-22     [transactions] of the board are made without regard to race, color,
5-23     disability, sex, religion, age, or national origin.  The policy
5-24     statement must include:
5-25                 (1)  personnel policies, including policies relating to
5-26     recruitment, evaluation, selection, [appointment,] training, and
5-27     promotion of personnel, that show the intent of the board to avoid
 6-1     the unlawful employment practices described by [are in compliance
 6-2     with requirements of] Chapter 21, Labor Code; and
 6-3                 (2)  an [a comprehensive] analysis of the extent to
 6-4     which the composition of the board's personnel is in accordance
 6-5     with state and federal law and a description of [board workforce
 6-6     that meets federal and state laws, rules, and regulations, and
 6-7     instructions promulgated directly from those laws, rules, and
 6-8     regulations;]
 6-9                 [(3)  procedures by which a determination can be made
6-10     about the extent of underuse in the board workforce of all persons
6-11     for whom federal or state laws, rules, and regulations, and
6-12     instructions promulgated directly from those laws, rules, and
6-13     regulations, encourage a more equitable balance; and]
6-14                 [(4)]  reasonable methods to achieve compliance with
6-15     state and federal law [appropriately address those areas of
6-16     underuse].
6-17           (c)  The [A] policy statement [prepared under Subsection (b)]
6-18     must [cover an annual period,] be updated annually, be [and]
6-19     reviewed by the Commission on Human Rights for compliance with
6-20     Subsection (b)(1), and be filed with the governor's office.
6-21           (d)  [The governor's office shall deliver a biennial report
6-22     to the legislature based on the information received under
6-23     Subsection (c).  The report may be made separately or as a part of
6-24     other biennial reports made to the legislature.]
6-25           [(e)]  The board administrator or the board administrator's
6-26     designee shall develop an intra-agency career ladder program that
6-27     addresses opportunities for mobility and advancement for employees
 7-1     within the board.  The program shall require intra-agency posting
 7-2     of all positions concurrently with any public posting.
 7-3           (e) [(f)]  The board administrator or the board
 7-4     administrator's designee shall develop a system of annual
 7-5     performance evaluations that are based on documented employee
 7-6     performance.  All merit pay for board employees must be based on
 7-7     the system established under this subsection.
 7-8           SECTION 6.  Section 508.042(b), Government Code, is amended
 7-9     to read as follows:
7-10           (b)  A new member may not participate in a vote of the board
7-11     or a panel, deliberate, or be counted as a member in attendance at
7-12     a meeting of the board or policy board until the member completes
7-13     the program.
7-14           SECTION 7.  (a)  Section 311.031(c), Government Code,
7-15     provides that an amendment made to a code's source law at the same
7-16     session the code is enacted is preserved and given effect as part
7-17     of the code provision that revised the statute so amended.
7-18     Sections 508.033 and 508.034(a), Government Code, as set out in
7-19     this Act, give effect to those changes made by Section 2, Chapter
7-20     161, Acts of the  75th Legislature, Regular Session, 1997.
7-21     Sections 508.0362(a) and (c), Government Code, as set out in this
7-22     Act, give effect to those changes made by Section 7, Chapter 161,
7-23     Acts of the 75th Legislature, Regular Session, 1997.  Section
7-24     508.040, Government Code, as set out in this Act, gives effect to
7-25     those changes made by Sections 5 and 6, Chapter 161, Acts of the
7-26     75th Legislature, Regular Session, 1997.
7-27           (b)  To the extent of any conflict, this Act prevails over
 8-1     another Act of the 76th Legislature, Regular Session, 1999,
 8-2     relating to nonsubstantive additions and corrections in enacted
 8-3     codes.
 8-4           SECTION 8.  This Act takes effect September 1, 1999.
 8-5           SECTION 9.  The importance of this legislation and the
 8-6     crowded condition of the calendars in both houses create an
 8-7     emergency and an imperative public necessity that the
 8-8     constitutional rule requiring bills to be read on three several
 8-9     days in each house be suspended, and this rule is hereby suspended.