76R10866 JMC-D
By Bosse H.B. No. 1976
Substitute the following for H.B. No. 1976:
By Wolens C.S.H.B. No. 1976
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Commission on
1-3 Human Rights.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 461.002, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 461.002. APPLICATION OF SUNSET ACT. The Commission on
1-8 Human Rights is subject to Chapter 325 (Texas Sunset Act). Unless
1-9 continued in existence as provided by that chapter, the commission
1-10 is abolished September 1, 2011 [1999].
1-11 SECTION 2. Section 461.052, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 461.052. ELIGIBILITY. (a) In this section, "Texas
1-14 trade association" means a cooperative and voluntarily joined
1-15 association of business or professional competitors in this state
1-16 designed to assist its members and its industry or profession in
1-17 dealing with mutual business or professional problems and in
1-18 promoting their common interest.
1-19 (b) A person is not eligible for appointment as a public
1-20 member of the commission if the person or the person's spouse:
1-21 (1) is employed by or participates in the management
1-22 of a business entity or other organization receiving funds from the
1-23 commission;
1-24 (2) owns or controls, directly or indirectly, more
2-1 than a 10 percent interest in a business entity or other
2-2 organization receiving funds from the commission; or
2-3 (3) uses or receives a substantial amount of tangible
2-4 goods, services, or funds from the commission, other than
2-5 compensation or reimbursement authorized by law for commission
2-6 membership, attendance, or expenses.
2-7 (c) A person may not be a member of the commission and may
2-8 not be a commission employee employed in a "bona fide executive,
2-9 administrative, or professional capacity," as that phrase is used
2-10 for purposes of establishing an exemption to the overtime
2-11 provisions of the federal Fair Labor Standards Act of 1938 (29
2-12 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
2-13 (1) the person is an officer, employee, or paid
2-14 consultant of a Texas trade association in the field of employment,
2-15 labor, or housing; or
2-16 (2) the person's spouse is an officer, manager, or
2-17 paid consultant of a Texas trade association in the field of
2-18 employment, labor, or housing.
2-19 (d) [(b)] A person may not serve as a member of the
2-20 commission or act as general counsel to the commission if the
2-21 person is required to register as a lobbyist under Chapter 305
2-22 because of the person's activities for compensation on behalf of a
2-23 profession related to the operation of the commission.
2-24 SECTION 3. Subchapter B, Chapter 461, Government Code, is
2-25 amended by adding Section 461.0535 to read as follows:
2-26 Sec. 461.0535. COMMISSIONER TRAINING. (a) A person who is
2-27 appointed to and qualifies for office as a member of the commission
3-1 may not vote, deliberate, or be counted as a member in attendance
3-2 at a meeting of the commission until the person completes a
3-3 training program that complies with this section.
3-4 (b) The training program must provide the person with
3-5 information regarding:
3-6 (1) the legislation that created the commission;
3-7 (2) the programs operated by the commission;
3-8 (3) the role and functions of the commission;
3-9 (4) the rules of the commission, with an emphasis on
3-10 the rules that relate to disciplinary and investigatory authority;
3-11 (5) the current budget for the commission;
3-12 (6) the results of the most recent formal audit of the
3-13 commission;
3-14 (7) the requirements of:
3-15 (A) the open meetings law, Chapter 551;
3-16 (B) the public information law, Chapter 552;
3-17 (C) the administrative procedure law, Chapter
3-18 2001; and
3-19 (D) other laws relating to public officials,
3-20 including conflict-of-interest laws; and
3-21 (8) any applicable ethics policies adopted by the
3-22 commission or the Texas Ethics Commission.
3-23 (c) A person appointed to the commission is entitled to
3-24 reimbursement, as provided by the General Appropriations Act, for
3-25 the travel expenses incurred in attending the training program
3-26 regardless of whether the attendance at the program occurs before
3-27 or after the person qualifies for office.
4-1 SECTION 4. Section 461.054, Government Code, is amended to
4-2 read as follows:
4-3 Sec. 461.054. REMOVAL OF MEMBER. (a) It is a ground for
4-4 removal from the commission that [if] a member:
4-5 (1) does not have at the time of taking office
4-6 [appointment] the qualifications required by Section 461.051 [or
4-7 461.052(a)];
4-8 (2) does not maintain during service on the commission
4-9 the qualifications required by Section 461.051 [or 461.052(a)];
4-10 (3) is ineligible for membership under Section 461.052
4-11 [violates a prohibition established by Section 461.052(b)];
4-12 (4) cannot, because of illness or disability,
4-13 discharge the member's duties for a substantial part of the
4-14 member's term [for which the member is appointed because of illness
4-15 or disability]; or
4-16 (5) is absent from [for] more than half of the
4-17 regularly scheduled commission meetings that the member is eligible
4-18 to attend during a calendar year without an excuse approved [unless
4-19 the absence is excused] by a majority vote of the commission.
4-20 (b) The validity of an action [act] of the commission is not
4-21 affected by the fact that it is taken when a ground for removal of
4-22 a commission member exists.
4-23 (c) If the executive director of the commission has
4-24 knowledge that a potential ground for removal exists, the executive
4-25 director shall notify the presiding officer of the commission of
4-26 the potential ground. The presiding officer shall then notify the
4-27 governor and the attorney general that a potential ground for
5-1 removal exists. If the potential ground for removal involves the
5-2 presiding officer, the executive director shall notify the next
5-3 highest ranking officer of the commission, who shall then notify
5-4 the governor and the attorney general that a potential ground for
5-5 removal exists.
5-6 SECTION 5. Sections 461.058(c) and (d), Government Code, are
5-7 amended to read as follows:
5-8 (c) The executive director of the commission or the
5-9 executive director's designee [commission] shall provide to [its]
5-10 members of the commission and to commission employees, as often as
5-11 necessary, information regarding the requirements [their
5-12 qualifications] for office or employment under this chapter,
5-13 including information regarding a person's [and their]
5-14 responsibilities under applicable laws relating to standards of
5-15 conduct for state officers or employees.
5-16 (d) The commission shall develop and implement policies that
5-17 clearly separate [define] the policymaking responsibilities of the
5-18 commission and the management responsibilities of the executive
5-19 director and the staff of the commission.
5-20 SECTION 6. Section 461.060, Government Code, is amended to
5-21 read as follows:
5-22 Sec. 461.060. PUBLIC INTEREST INFORMATION [AND COMPLAINTS].
5-23 (a) The commission shall prepare information of public interest
5-24 describing the functions of the commission and the commission's
5-25 procedures by which complaints are filed with and resolved by the
5-26 commission. The commission shall make the information available to
5-27 the public and appropriate state agencies.
6-1 (b) The commission shall use various outreach methods to
6-2 provide the public with information relating to the commission's
6-3 complaint process, including:
6-4 (1) establishing and maintaining a toll-free telephone
6-5 number;
6-6 (2) providing the information on the commission's
6-7 Internet website; and
6-8 (3) developing and publishing materials written in
6-9 plain language that contain the information.
6-10 (c) The information provided under Subsection (b) must
6-11 include:
6-12 (1) a description of each type of complaint that the
6-13 commission has the authority to resolve;
6-14 (2) a step-by-step explanation of the complaint
6-15 process, including:
6-16 (A) a basic time line of the complaint process;
6-17 and
6-18 (B) the average time required for each step in
6-19 the complaint process;
6-20 (3) a description of the role of each participant in
6-21 the complaint process, including the complainant, the respondent,
6-22 the commission, the Equal Employment Opportunity Commission, the
6-23 United States Department of Housing and Urban Development, and any
6-24 local commission; and
6-25 (4) a list of the basic information and documentation
6-26 required by the commission to process a complaint.
6-27 (d) The commission shall ensure that a commission employee
7-1 who is knowledgeable regarding the functions of the commission is
7-2 available during regular business hours to answer questions.
7-3 (e) [If a written complaint is filed with the commission
7-4 that the commission has authority to resolve, the commission, at
7-5 least quarterly and until final disposition of the complaint, shall
7-6 notify the parties to the complaint of the status of the complaint
7-7 unless the notice would jeopardize an undercover investigation by
7-8 another agency of the state, federal, or local government.]
7-9 [(c)] The commission shall develop and implement policies
7-10 that provide the public with a reasonable opportunity to appear
7-11 before the commission.
7-12 SECTION 7. Subchapter B, Chapter 461, Government Code, is
7-13 amended by adding Section 461.0605 to read as follows:
7-14 Sec. 461.0605. COMPLAINTS. (a) The commission shall
7-15 maintain a file on each written complaint filed with the
7-16 commission. The file must include:
7-17 (1) the name of the person who filed the complaint;
7-18 (2) the date the complaint is received by the
7-19 commission;
7-20 (3) the subject matter of the complaint;
7-21 (4) the name of each person contacted in relation to
7-22 the complaint;
7-23 (5) a summary of the results of the review or
7-24 investigation of the complaint; and
7-25 (6) an explanation of the reason the file was closed,
7-26 if the commission closed the file without taking action other than
7-27 to investigate the complaint.
8-1 (b) The commission shall provide to the person filing the
8-2 complaint and to each person who is a subject of the complaint a
8-3 copy of the commission's policies and procedures relating to
8-4 complaint investigation and resolution.
8-5 (c) The commission, at least quarterly until final
8-6 disposition of the complaint, shall notify the person filing the
8-7 complaint and each person who is a subject of the complaint of the
8-8 status of the investigation unless the notice would jeopardize an
8-9 undercover investigation.
8-10 SECTION 8. Section 461.061, Government Code, is amended to
8-11 read as follows:
8-12 Sec. 461.061. PLAN FOR REASONABLE ACCESS TO COMMISSION
8-13 PROGRAMS; ACCOMMODATIONS. The commission shall:
8-14 (1) prepare and maintain a written plan that describes
8-15 how a person with a disability or a person who does not speak
8-16 English can be provided reasonable access to the commission's
8-17 programs;
8-18 (2) provide the option of direct telephone operator
8-19 assistance to accommodate a person who is deaf or mobility-impaired
8-20 or suffers a cognitive dysfunction;
8-21 (3) provide the public interest information described
8-22 by Section 461.060 in alternative formats, including large print,
8-23 disc, braille, and audiocassette; and
8-24 (4) make the commission's Internet website accessible
8-25 to a person with a disability.
8-26 SECTION 9. Subchapter B, Chapter 461, Government Code, is
8-27 amended by adding Sections 461.063 and 461.064 to read as follows:
9-1 Sec. 461.063. INVESTIGATOR TRAINING PROGRAM; PROCEDURES
9-2 MANUAL. (a) A person who is employed by the commission as an
9-3 investigator may not conduct an investigation until the person
9-4 completes a comprehensive training and education program for
9-5 investigators that complies with this section.
9-6 (b) The training program must provide the person with
9-7 information regarding:
9-8 (1) the requirements relating to employment adopted
9-9 under the Americans with Disabilities Act (42 U.S.C. Section 12101
9-10 et seq.) and its subsequent amendments, with a special emphasis on
9-11 requirements regarding reasonable accommodations;
9-12 (2) various types of disabilities and accommodations
9-13 appropriate in an employment setting for each type of disability;
9-14 and
9-15 (3) fair employment and housing practices.
9-16 (c) Each investigator shall annually complete a continuing
9-17 education program designed to provide investigators with the most
9-18 recent information available regarding the issues described by
9-19 Subsection (b), including legislative and judicial changes in the
9-20 law.
9-21 (d) The commission shall develop and biennially update an
9-22 investigation procedures manual. The manual must include
9-23 investigation procedures and information and may include
9-24 information regarding the Equal Employment Opportunity Commission
9-25 and the United States Department of Housing and Urban Development.
9-26 Sec. 461.064. ANALYSIS OF DISCRIMINATION COMPLAINTS; REPORT.
9-27 (a) The commission shall collect and report statewide information
10-1 relating to employment and housing discrimination complaints as
10-2 required by this section.
10-3 (b) Each state fiscal year, the commission shall collect and
10-4 analyze information regarding employment and housing discrimination
10-5 complaints filed with the commission, the Equal Employment
10-6 Opportunity Commission, the United States Department of Housing and
10-7 Urban Development, and local commissions in this state. The
10-8 information must include:
10-9 (1) an analysis of employment complaints filed by the
10-10 basis of the complaint, including:
10-11 (A) sex, race, color, age, disability, national
10-12 origin, religion, and genetic information; and
10-13 (B) retaliatory actions against the complainant;
10-14 (2) an analysis of housing complaints filed by the
10-15 basis of the complaint, including sex, race, color, disability,
10-16 national origin, religion, and familial status;
10-17 (3) an analysis of employment complaints filed by
10-18 issue, including discharge, terms and conditions, sexual
10-19 harassment, promotion, hiring, demotion, and layoff;
10-20 (4) an analysis of housing complaints filed by issue,
10-21 including terms and conditions, refusal to rent or sell,
10-22 discriminatory financing or advertising, and false representation;
10-23 (5) an analysis of employment and housing cases closed
10-24 by the reason the case was closed, including findings or
10-25 determinations of cause or no cause, successful conciliation, right
10-26 to sue issued, complaint withdrawn after resolution, no-fault
10-27 settlement, complainant failed to cooperate, and lack of
11-1 jurisdiction; and
11-2 (6) the average processing time for complaints
11-3 resolved by the commission in each state fiscal year, regardless of
11-4 whether the complaint was filed in the same fiscal year in which
11-5 the complaint was resolved.
11-6 (c) The commission shall include the results of an analysis
11-7 required under this section in the commission's annual report to
11-8 the governor and legislature.
11-9 SECTION 10. Section 21.002, Labor Code, is amended by
11-10 amending Subdivision (8) and adding Subdivision (14) to read as
11-11 follows:
11-12 (8) "Employer" means:
11-13 (A) a person who is engaged in an industry
11-14 affecting commerce and who has 15 or more employees for each
11-15 working day in each of 20 or more calendar weeks in the current or
11-16 preceding calendar year;
11-17 (B) an agent of a person described by Paragraph
11-18 (A);
11-19 (C) an individual elected to public office in
11-20 this state or a political subdivision of this state; or
11-21 (D) a county, municipality, state agency, or
11-22 state instrumentality, [including a public institution of
11-23 education,] regardless of the number of individuals employed.
11-24 (14) "State agency" means:
11-25 (A) a board, commission, committee, council,
11-26 department, institution, office, or agency in the executive branch
11-27 of state government having statewide jurisdiction;
12-1 (B) the supreme court, the court of criminal
12-2 appeals, a court of appeals, or the State Bar of Texas or another
12-3 judicial agency having statewide jurisdiction; or
12-4 (C) an institution of higher education as
12-5 defined by Section 61.003, Education Code.
12-6 SECTION 11. Section 21.003(a), Labor Code, is amended to
12-7 read as follows:
12-8 (a) The commission may:
12-9 (1) promote the creation of local commissions on human
12-10 rights by cooperating or contracting with individuals or state,
12-11 local, or other agencies, public or private, including agencies of
12-12 the federal government and of other states;
12-13 (2) receive, investigate, seek to conciliate, and pass
12-14 on complaints alleging violations of this chapter;
12-15 (3) file civil actions to effectuate the purposes of
12-16 this chapter;
12-17 (4) request and, if necessary, compel by subpoena:
12-18 (A) the attendance of necessary witnesses for
12-19 examination under oath; and
12-20 (B) the production, for inspection and copying,
12-21 of records, documents, and other evidence relevant to the
12-22 investigation of alleged violations of this chapter;
12-23 (5) furnish technical assistance requested by a person
12-24 subject to this chapter to further compliance with this chapter or
12-25 with a rule or order issued under this chapter;
12-26 (6) recommend in its annual report legislation or
12-27 other action to carry out the purposes and policies of this
13-1 chapter;
13-2 (7) adopt procedural rules to carry out the purposes
13-3 and policies of this chapter; and
13-4 (8) provide educational and outreach activities to
13-5 individuals who have historically been victims of employment
13-6 discrimination[; and]
13-7 [(9) require state agencies and public institutions of
13-8 higher education to develop and implement personnel policies that
13-9 comply with this chapter, including personnel selection procedures
13-10 that incorporate a work force diversity program].
13-11 SECTION 12. Subchapter A, Chapter 21, Labor Code, is amended
13-12 by adding Section 21.0035 to read as follows:
13-13 Sec. 21.0035. CIVILIAN WORKFORCE COMPOSITION. (a) The
13-14 commission by rule shall biennially determine:
13-15 (1) the percentage of the statewide civilian workforce
13-16 composed of:
13-17 (A) Caucasian Americans;
13-18 (B) African Americans;
13-19 (C) Hispanic Americans;
13-20 (D) females; and
13-21 (E) males; and
13-22 (2) the percentage of the statewide civilian workforce
13-23 of the groups listed in Subdivision (1) according to the following
13-24 job categories:
13-25 (A) state agency administration;
13-26 (B) professional;
13-27 (C) technical;
14-1 (D) protective services;
14-2 (E) paraprofessional;
14-3 (F) administrative support;
14-4 (G) skilled craft; and
14-5 (H) service and maintenance.
14-6 (b) The commission shall report the percentages of the
14-7 statewide civilian workforce as determined under this section to
14-8 the governor and the legislature not later than the fifth day of
14-9 each regular session of the legislature.
14-10 SECTION 13. Section 21.2585(d), Labor Code, is amended to
14-11 read as follows:
14-12 (d) The sum of the amount of compensatory damages awarded
14-13 under this section for future pecuniary losses, emotional pain,
14-14 suffering, inconvenience, mental anguish, loss of enjoyment of
14-15 life, and other nonpecuniary losses and the amount of punitive
14-16 damages awarded under this section may not exceed, for each
14-17 complainant:
14-18 (1) $50,000 in the case of a respondent that has [more
14-19 than 14 and] fewer than 101 employees;
14-20 (2) $100,000 in the case of a respondent that has more
14-21 than 100 and fewer than 201 employees;
14-22 (3) $200,000 in the case of a respondent that has more
14-23 than 200 and fewer than 501 employees; and
14-24 (4) $300,000 in the case of a respondent that has more
14-25 than 500 employees.
14-26 SECTION 14. Subchapter A, Chapter 21, Labor Code, is amended
14-27 by adding Section 21.010 to read as follows:
15-1 Sec. 21.010. EMPLOYMENT DISCRIMINATION TRAINING FOR STATE
15-2 EMPLOYEES. (a) Each state agency shall provide to employees of
15-3 the agency an employment discrimination training program that
15-4 complies with this section.
15-5 (b) The training program must provide the employee with
15-6 information regarding the agency's policies and procedures relating
15-7 to employment discrimination, including employment discrimination
15-8 involving sexual harassment.
15-9 (c) Each employee of a state agency shall attend the
15-10 training program required by this section not later than the 30th
15-11 day after the date the employee is hired by the agency and shall
15-12 attend supplemental training every two years.
15-13 (d) The commission shall develop materials for use by state
15-14 agencies in providing employment discrimination training as
15-15 required by this section.
15-16 (e) Each state agency shall require an employee of the
15-17 agency who attends a training program required by this section to
15-18 sign a statement verifying the employee's attendance at the
15-19 training program. The agency shall file the statement in the
15-20 employee's personnel file.
15-21 SECTION 15. Chapter 21, Labor Code, is amended by adding
15-22 Subchapters I-K to read as follows:
15-23 SUBCHAPTER I. PERSONNEL POLICIES AND PROCEDURES
15-24 Sec. 21.451. DEFINITION. In this subchapter, "state agency"
15-25 does not include a public junior college as defined by Section
15-26 61.003, Education Code.
15-27 Sec. 21.452. DEVELOPMENT AND IMPLEMENTATION OF PERSONNEL
16-1 POLICIES AND PROCEDURES. Each state agency shall develop and
16-2 implement personnel policies and procedures that comply with this
16-3 chapter, including personnel selection procedures that incorporate
16-4 a workforce diversity program.
16-5 Sec. 21.453. REVIEW. (a) The commission shall review the
16-6 personnel policies and procedures of each state agency on a
16-7 six-year cycle to determine whether the policies and procedures
16-8 comply with this chapter.
16-9 (b) The commission by rule shall establish a system to
16-10 stagger the reviews of state agency personnel policies and
16-11 procedures required under this section.
16-12 (c) If the commission determines that the personnel policies
16-13 and procedures of a state agency do not comply with this chapter,
16-14 the commission shall recommend appropriate revisions to the
16-15 policies and procedures. A state agency shall implement revisions
16-16 to the agency's personnel policies and procedures recommended by
16-17 the commission under this subsection.
16-18 (d) The review of a state agency's personnel policies and
16-19 procedures and the implementation of any recommended revisions as
16-20 required by this section shall be completed within one year.
16-21 Sec. 21.454. ANNUAL COMPLIANCE REPORT. After the commission
16-22 completes the review of a state agency's personnel policies and
16-23 procedures and the agency implements any recommended revisions as
16-24 required by Section 21.453, the agency shall submit to the
16-25 governor, the legislature, and the Legislative Budget Board not
16-26 later than October 1 of each year a report detailing the agency's
16-27 compliance with the policies and procedures.
17-1 Sec. 21.455. REIMBURSEMENT; AUDIT. (a) A state agency
17-2 shall reimburse the commission through interagency contract for the
17-3 reasonable and necessary expenses incurred by the commission in
17-4 conducting a review under Section 21.453. The actual expenses
17-5 incurred by the commission shall be determined by the General
17-6 Services Commission.
17-7 (b) The commission shall maintain a record of the time
17-8 expended and the actual costs and travel expenses incurred by the
17-9 commission in conducting a review under Section 21.453.
17-10 (c) The amount of reimbursement paid by a state agency under
17-11 Subsection (a) and the record maintained by the commission under
17-12 Subsection (b) is subject to audit by the state auditor in
17-13 accordance with Chapter 321, Government Code.
17-14 Sec. 21.456. FAILURE TO COMPLY WITH SUBCHAPTER;
17-15 ADMINISTRATIVE PENALTY. (a) If the commission determines that a
17-16 state agency has failed to comply with this subchapter, the
17-17 commission shall certify that determination to the comptroller.
17-18 (b) On receipt of a certification by the commission under
17-19 Subsection (a), the comptroller shall notify the state agency that
17-20 is the subject of the certification that funds appropriated to the
17-21 agency are subject to a reduction in the amount of $5,000 as
17-22 provided by this section unless, not later than the 30th day after
17-23 the date the agency receives notice from the comptroller under this
17-24 subsection, the agency submits to the comptroller proof that the
17-25 agency has complied with this subchapter. If the agency fails to
17-26 submit to the comptroller the proof required by this subsection,
17-27 the comptroller shall:
18-1 (1) if the state agency failed to develop or implement
18-2 personnel policies and procedures as required by Section 21.452 or
18-3 failed to implement recommended revisions to the agency's personnel
18-4 policies and procedures as required by Section 21.453:
18-5 (A) reduce the funds appropriated to the agency
18-6 for the fiscal year in which the agency fails to comply with this
18-7 subchapter by the amount of $5,000; or
18-8 (B) if all funds appropriated to the agency for
18-9 the fiscal year in which the agency fails to comply with this
18-10 subchapter have been distributed to the agency, reduce the funds
18-11 appropriated to the agency during the next fiscal year by the
18-12 amount of $5,000; or
18-13 (2) if the state agency failed to reimburse the
18-14 commission as required by Section 21.455:
18-15 (A) transfer the amount of the reimbursement
18-16 from the agency to the commission's appropriations and reduce the
18-17 funds appropriated to the agency for the fiscal year in which the
18-18 agency fails to comply with this subchapter by an amount that
18-19 equals the difference between the amount of the reimbursement and
18-20 $5,000; or
18-21 (B) if all funds appropriated to the agency for
18-22 the fiscal year in which the agency fails to comply with this
18-23 subchapter have been distributed to the agency:
18-24 (i) during the next fiscal year, transfer
18-25 the amount of the reimbursement from the funds appropriated to the
18-26 agency for that fiscal year to the commission's appropriations; and
18-27 (ii) reduce the funds appropriated to the
19-1 agency during the next fiscal year by an amount that equals the
19-2 difference between the amount of the reimbursement and $5,000.
19-3 SUBCHAPTER J. HIRING PRACTICES
19-4 Sec. 21.501. WORKFORCE ANALYSIS. Each state fiscal
19-5 biennium, each state agency shall analyze its current workforce and
19-6 compare the number of African Americans, Hispanic Americans, and
19-7 females employed by the agency in each job category to the
19-8 available African Americans, Hispanic Americans, and females in the
19-9 statewide civilian workforce to determine the percentage of
19-10 exclusion or underutilization by each job category.
19-11 Sec. 21.502. RECRUITMENT PLAN. Each state agency, other
19-12 than a public junior college as defined by Section 61.003,
19-13 Education Code, shall develop, update, and implement a recruitment
19-14 plan to recruit African Americans, Hispanic Americans, and females
19-15 if African Americans, Hispanic Americans, or females are
19-16 underemployed by the agency in a job category. The agency shall
19-17 base the plan on the workforce analysis prepared under Section
19-18 21.501 and on any applicable remedy, agreement, or settlement that
19-19 has been ordered or approved by a court. The plan must comply with
19-20 this chapter. The commission shall monitor state agencies to
19-21 determine compliance with this section.
19-22 Sec. 21.503. EFFECT ON REMEDIES UNDER OTHER LAWS. This
19-23 subchapter does not affect a remedy, agreement, settlement, or
19-24 affirmative action plan that has been ordered or approved by a
19-25 court or that has been adopted in accordance with other law.
19-26 Sec. 21.504. ANNUAL REPORT. Not later than November 1 of
19-27 each calendar year, each state agency shall report to the
20-1 commission the total number of African Americans, Hispanic
20-2 Americans, females, and other persons hired for each job category
20-3 by the agency during the preceding state fiscal year. The
20-4 commission shall compile this information and submit a report based
20-5 on the information to the governor and the Legislative Budget
20-6 Board not later than January 1 of the subsequent calendar year.
20-7 SUBCHAPTER K. EQUAL EMPLOYMENT OPPORTUNITY REPORTS
20-8 Sec. 21.551. DEFINITION. In this subchapter, "racial and
20-9 ethnic group" means Caucasian American, African American, or
20-10 Hispanic American.
20-11 Sec. 21.552. EQUAL EMPLOYMENT OPPORTUNITY REPORT REQUIRED.
20-12 (a) Not later than the seventh day of each calendar year,
20-13 excluding legal holidays and weekends, each state agency shall
20-14 report equal employment opportunity information for the preceding
20-15 calendar year to the commission as required by this subchapter.
20-16 The report must be made in the form prescribed by the commission
20-17 and include information compiled on a monthly basis.
20-18 (b) Each year the commission shall compile equal employment
20-19 opportunity information reported to the commission by a state
20-20 agency. The information must include:
20-21 (1) the total number of employees of the agency and
20-22 the total number of new employees hired since the date of the last
20-23 report made by the agency;
20-24 (2) the total number of employees of the agency listed
20-25 by racial and ethnic group and the percentage of the total number
20-26 of agency employees for each racial and ethnic group, including a
20-27 distinction for those categories between the total number of
21-1 employees and the total number of employees hired since the date of
21-2 the last report made by the agency;
21-3 (3) the total number of male employees and the total
21-4 number of female employees of the agency, including a distinction
21-5 for those categories between the total number of employees and the
21-6 total number of employees hired since the date of the last report
21-7 made by the agency;
21-8 (4) the total number of male employees and the total
21-9 number of female employees of the agency for each racial and ethnic
21-10 group, including a distinction for those categories between the
21-11 total number of employees and the total number of employees hired
21-12 since the date of the last report made by the agency;
21-13 (5) the total number of disabled employees of the
21-14 agency, including a distinction for that category between the total
21-15 number of employees and the total number of employees hired since
21-16 the date of the last report made by the agency; and
21-17 (6) the total number of employees of the agency listed
21-18 by job classification and the total number of employees for each
21-19 sex, racial and ethnic group, and disability listed by job
21-20 classification, including a distinction for those categories
21-21 between the total number of employees and the total number of
21-22 employees hired since the date of the last report made by the
21-23 agency.
21-24 Sec. 21.553. COOPERATION WITH COMPTROLLER AND UNIFORM
21-25 STATEWIDE ACCOUNTING SYSTEM; REPORT TO LEGISLATURE. (a) The
21-26 commission shall compile the information reported to the
21-27 commission under this subchapter with the assistance of the
22-1 comptroller and the uniform statewide accounting system.
22-2 (b) The commission shall conduct an analysis of the
22-3 information reported to the commission under this subchapter and
22-4 report the results of that analysis to the legislature not later
22-5 than the fifth day of each regular session of the legislature. The
22-6 report required under this subsection must be written in plain
22-7 language.
22-8 Sec. 21.554. FORM. Not later than December 15 of each year,
22-9 the commission shall notify each state agency of the form to be
22-10 used to make a report under this subchapter for the following year.
22-11 Sec. 21.555. FAILURE TO FILE REQUIRED REPORT; ADMINISTRATIVE
22-12 PENALTY. (a) If the commission determines that a state agency has
22-13 failed to file a report required under this subchapter, the
22-14 commission shall certify that determination to the comptroller.
22-15 (b) On receipt of a certification by the commission under
22-16 Subsection (a), the comptroller shall notify the state agency that
22-17 is the subject of the certification that funds appropriated to the
22-18 agency are subject to a reduction in the amount of $2,000 as
22-19 provided by this section unless, not later than the 30th day after
22-20 the date the agency receives notice from the comptroller under this
22-21 subsection, the agency submits to the comptroller proof that the
22-22 agency filed the report required under this subchapter. If the
22-23 agency fails to submit to the comptroller the proof required by
22-24 this subsection, the comptroller shall:
22-25 (1) reduce the funds appropriated to the agency for
22-26 the fiscal year in which the agency fails to file the report
22-27 required under this subchapter by the amount of $2,000; or
23-1 (2) if all funds appropriated to the agency for the
23-2 fiscal year in which the agency fails to file the report required
23-3 under this subchapter have been distributed to the agency, reduce
23-4 the funds appropriated to the agency during the next fiscal year by
23-5 the amount of $2,000.
23-6 Sec. 21.556. REQUIRED COMPLIANCE TRAINING FOR STATE
23-7 AGENCIES. (a) A state agency that receives three or more
23-8 complaints of employment discrimination in a fiscal year, other
23-9 than complaints determined to be without merit, shall participate
23-10 in a comprehensive equal employment opportunity training program
23-11 provided by the commission or another entity or person approved by
23-12 the commission as provided by Subsection (e).
23-13 (b) The commission shall notify a state agency required to
23-14 participate in a training program under this section of that
23-15 requirement and the time and place of the training program.
23-16 (c) An agency that receives notice under Subsection (b)
23-17 shall designate appropriate supervisory and managerial employees of
23-18 the agency to participate in the program. The agency shall also
23-19 designate to participate in the program an employee who is a named
23-20 respondent in a complaint that is the basis for the agency's
23-21 required participation in the program.
23-22 (d) An agency required to participate in a program under
23-23 this section shall pay the cost of attending the program or
23-24 reimburse the commission through interagency contract. The cost of
23-25 providing the program shall be determined and approved by the
23-26 commission in cooperation with the General Services Commission.
23-27 (e) The commission by rule shall adopt minimum standards for
24-1 a training program described by Subsection (a). The commission may
24-2 approve an entity or person to provide a training program under
24-3 this section only if the program complies with the minimum
24-4 standards adopted by the commission under this subsection.
24-5 SECTION 16. Subchapter D, Chapter 301, Property Code, is
24-6 amended by adding Section 301.070 to read as follows:
24-7 Sec. 301.070. ACCESSIBILITY ASSISTANCE AND INFORMATION FOR
24-8 LANDLORDS. The commission shall provide to landlords technical and
24-9 other assistance relating to the accessibility requirements under
24-10 this chapter.
24-11 SECTION 17. (a) This Act takes effect September 1, 1999.
24-12 (b) The changes in law made by this Act in the
24-13 qualifications of, and the prohibitions applying to, members of the
24-14 Commission on Human Rights do not affect the entitlement of a
24-15 person serving as a member of the commission immediately before the
24-16 effective date of this Act to continue to carry out the functions
24-17 of the commission for the remainder of the member's term. The
24-18 changes in law apply only to a member appointed on or after the
24-19 effective date of this Act. This Act does not prohibit a person
24-20 who is a member of the commission on the effective date of this Act
24-21 from being reappointed to the commission if the person has the
24-22 qualifications required for a member under Chapter 461, Government
24-23 Code, as amended by this Act.
24-24 (c) Not later than January 1, 2000, the Commission on Human
24-25 Rights shall develop:
24-26 (1) a commissioner training program, as described by
24-27 Section 461.0535, Government Code, as added by this Act;
25-1 (2) a comprehensive training and education program for
25-2 investigators, as described by Section 461.063, Government Code, as
25-3 added by this Act; and
25-4 (3) an investigation procedures manual, as required by
25-5 Section 461.063, Government Code, as added by this Act.
25-6 (d) A person who is appointed to the Commission on Human
25-7 Rights on or after the effective date of this Act is not required,
25-8 as a condition to voting, deliberating, or being counted as a
25-9 member in attendance at a meeting of the commission, to complete a
25-10 commissioner training program, as required by Section 461.0535,
25-11 Government Code, as added by this Act, until March 1, 2000.
25-12 (e) Not later than January 1, 2000, the Commission on Human
25-13 Rights shall:
25-14 (1) establish a toll-free telephone number, provide
25-15 complaint information on the commission's Internet website, and
25-16 develop plain language materials, as required by Section 461.060,
25-17 Government Code, as amended by this Act; and
25-18 (2) provide the option of direct telephone operator
25-19 assistance, provide public interest information in alternative
25-20 formats, and make the commission's Internet website accessible to a
25-21 person with a disability, as required by Section 461.061,
25-22 Government Code, as amended by this Act.
25-23 (f) A person who is employed by the Commission on Human
25-24 Rights as an investigator on or after the effective date of this
25-25 Act is not required, as a condition of eligibility to conduct an
25-26 investigation, to complete an investigator training program as
25-27 required by Section 461.063, Government Code, as added by this Act,
26-1 until March 1, 2000.
26-2 (g) The Commission on Human Rights shall complete the first
26-3 analysis of employment and housing discrimination complaints, as
26-4 required by Section 461.064, Government Code, as added by this Act,
26-5 not later than November 1, 1999.
26-6 (h) The change in law made by this Act to Section
26-7 21.2585(d), Labor Code, applies only to an action filed on or after
26-8 the effective date of this Act. An action filed before the
26-9 effective date of this Act is governed by the applicable law in
26-10 effect immediately before that date, and that law is continued in
26-11 effect for that purpose.
26-12 (i) The Commission on Human Rights shall develop and provide
26-13 to each state agency employment discrimination materials, as
26-14 required by Section 21.010, Labor Code, as added by this Act, not
26-15 later than November 1, 1999.
26-16 (j) A state agency is not required to provide employment
26-17 discrimination training, as required by Section 21.010, Labor Code,
26-18 as added by this Act, until December 1, 1999.
26-19 (k) Each state agency shall develop and implement personnel
26-20 policies and procedures, as required by Subchapter I, Chapter 21,
26-21 Labor Code, as added by this Act, not later than October 1, 1999.
26-22 (l) The Commission on Human Rights shall establish a system
26-23 to stagger reviews of personnel policies and procedures, as
26-24 required by Subchapter I, Chapter 21, Labor Code, as added by this
26-25 Act, not later than October 1, 1999.
26-26 (m) The Commission on Human Rights is not required to review
26-27 personnel policies and procedures of a state agency, as required by
27-1 Subchapter I, Chapter 21, Labor Code, as added by this Act, until
27-2 October 1, 1999.
27-3 (n) Each state agency shall:
27-4 (1) complete the first analysis of the agency's
27-5 workforce, as required by Subchapter J, Chapter 21, Labor Code, as
27-6 added by this Act, not later than November 1, 1999; and
27-7 (2) develop a recruitment plan, as required by
27-8 Subchapter J, Chapter 21, Labor Code, as added by this Act, not
27-9 later than January 1, 2000.
27-10 (o) The Commission on Human Rights shall, with the
27-11 assistance of the comptroller, adopt the form to be used by a state
27-12 agency to make a report under Subchapter K, Chapter 21, Labor Code,
27-13 as added by this Act, not later than December 1, 1999.
27-14 (p) A state agency is not required to participate in a
27-15 training program under Subchapter K, Chapter 21, Labor Code, as
27-16 added by this Act, on the basis of an employment discrimination
27-17 complaint filed before the effective date of this Act.
27-18 (q) The Commission on Human Rights shall adopt minimum
27-19 standards for a comprehensive equal employment opportunity training
27-20 program as required by Section 21.556, Labor Code, as added by this
27-21 Act, not later than October 1, 1999.
27-22 SECTION 18. The importance of this legislation and the
27-23 crowded condition of the calendars in both houses create an
27-24 emergency and an imperative public necessity that the
27-25 constitutional rule requiring bills to be read on three several
27-26 days in each house be suspended, and this rule is hereby suspended.