By Bosse                                              H.B. No. 1976
         76R815 JMC-D                           
                                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.  A state agency shall reimburse
 17-2    the commission through interagency contract for the reasonable and
 17-3    necessary expenses incurred by the commission in conducting a
 17-4    review under Section 21.453.  The actual expenses incurred by the
 17-5    commission shall be determined by the General Services Commission
 17-6    and may not exceed $5,000 for each state agency.
 17-7          Sec. 21.456.  FAILURE TO COMPLY WITH SUBCHAPTER;
 17-8    ADMINISTRATIVE PENALTY.  (a)  If the commission determines that a
 17-9    state agency has failed to comply with this subchapter, the
17-10    commission shall certify that determination to the comptroller.
17-11          (b)  On receipt of a certification by the commission under
17-12    Subsection (a), the comptroller shall notify the state agency that
17-13    is the subject of the certification that funds appropriated to the
17-14    agency are subject to a reduction in the amount of $5,000 as
17-15    provided by this section unless, not later than the 30th day after
17-16    the date the agency receives notice from the comptroller under this
17-17    subsection, the agency submits to the comptroller proof that the
17-18    agency has complied with this subchapter.  If the agency fails to
17-19    submit to the comptroller the proof required by this subsection,
17-20    the comptroller shall:
17-21                (1)  if the state agency failed to develop or implement
17-22    personnel policies and procedures as required by Section 21.452 or
17-23    failed to implement recommended revisions to the agency's personnel
17-24    policies and procedures as required by Section 21.453:
17-25                      (A)  reduce the funds appropriated to the agency
17-26    for the fiscal year in which the agency fails to comply with this
17-27    subchapter by the amount of $5,000; or
 18-1                      (B)  if all funds appropriated to the agency for
 18-2    the fiscal year in which the agency fails to comply with this
 18-3    subchapter have been distributed to the agency, reduce the funds
 18-4    appropriated to the agency during the next fiscal year by the
 18-5    amount of $5,000; or
 18-6                (2)  if the state agency failed to reimburse the
 18-7    commission as required by Section 21.455:
 18-8                      (A)  transfer the amount of the reimbursement
 18-9    from the agency to the commission's appropriations and reduce the
18-10    funds appropriated to the agency for the fiscal year in which the
18-11    agency fails to comply with this subchapter by an amount that
18-12    equals the difference between the amount of the reimbursement and
18-13    $5,000; or
18-14                      (B)  if all funds appropriated to the agency for
18-15    the fiscal year in which the agency fails to comply with this
18-16    subchapter have been distributed to the agency:
18-17                            (i)  during the next fiscal year, transfer
18-18    the amount of the reimbursement from the funds appropriated to the
18-19    agency for that fiscal year to the commission's appropriations; and
18-20                            (ii)  reduce the funds appropriated to the
18-21    agency during the next fiscal year by an amount that equals the
18-22    difference between the amount of the reimbursement and $5,000.
18-23                      SUBCHAPTER J.  HIRING PRACTICES
18-24          Sec. 21.501.  WORKFORCE ANALYSIS.  Each state fiscal
18-25    biennium, each state agency shall analyze its current workforce and
18-26    compare the number of African Americans, Hispanic Americans, and
18-27    females employed by the agency in each job category to the
 19-1    available African Americans, Hispanic Americans, and females in the
 19-2    statewide civilian workforce to determine the percentage of
 19-3    exclusion or underutilization by each job category.
 19-4          Sec. 21.502.  RECRUITMENT PLAN.  Each state agency, other
 19-5    than a public junior college as defined by Section 61.003,
 19-6    Education Code, shall develop, update, and implement a recruitment
 19-7    plan to recruit African Americans, Hispanic Americans, and  females
 19-8    if African Americans, Hispanic Americans, or females are
 19-9    underemployed by the agency in a job category.  The agency shall
19-10    base the plan on the workforce analysis prepared under Section
19-11    21.501 and on any applicable remedy, agreement, or settlement that
19-12    has been ordered or approved by a court. The plan must comply with
19-13    this chapter.  The commission shall monitor state agencies to
19-14    determine compliance with this section.
19-15          Sec. 21.503.  EFFECT ON REMEDIES UNDER OTHER LAWS.  This
19-16    subchapter does not affect a remedy, agreement, settlement, or
19-17    affirmative action plan that has been ordered or approved by a
19-18    court or that has been adopted in accordance with other law.
19-19          Sec. 21.504.  ANNUAL REPORT.  Not later than November 1 of
19-20    each calendar year, each state agency shall report to the
19-21    commission the total number of African Americans, Hispanic
19-22    Americans, females, and other persons hired for each job category
19-23    by the agency during the preceding state fiscal year.  The
19-24    commission shall compile this information and submit a report based
19-25    on the information to the  governor and the Legislative Budget
19-26    Board not later than January 1 of the subsequent calendar year.
19-27            SUBCHAPTER K.  EQUAL EMPLOYMENT OPPORTUNITY REPORTS
 20-1          Sec. 21.551.  DEFINITION.  In this subchapter, "racial and
 20-2    ethnic group" means Caucasian American, African American, or
 20-3    Hispanic American.
 20-4          Sec. 21.552.  EQUAL EMPLOYMENT OPPORTUNITY REPORT REQUIRED.
 20-5    (a)  Not later than the seventh day of each calendar year,
 20-6    excluding legal holidays and weekends, each state agency shall
 20-7    report equal employment opportunity information for the preceding
 20-8    calendar year to the commission as required by this subchapter.
 20-9    The report must be made in the form prescribed by the commission
20-10    and include information compiled on a monthly basis.
20-11          (b)  Each year the commission shall compile equal employment
20-12    opportunity information reported to the commission by a state
20-13    agency. The information must include:
20-14                (1)  the total number of employees of the agency and
20-15    the total number of new employees hired since the date of the last
20-16    report made by the agency;
20-17                (2)  the total number of employees of the agency listed
20-18    by racial and ethnic group and the percentage of the total number
20-19    of agency employees for each racial and ethnic group, including a
20-20    distinction for those categories between the total number of
20-21    employees and the total number of employees hired since the date of
20-22    the last report made by the agency;
20-23                (3)  the total number of male employees and the total
20-24    number of female employees of the agency, including a distinction
20-25    for those categories between the total number of employees and the
20-26    total number of employees hired since the date of the last report
20-27    made by the agency;
 21-1                (4)  the total number of male employees and the total
 21-2    number of female employees of the agency for each racial and ethnic
 21-3    group, including  a distinction for those categories between the
 21-4    total number of employees and the total number of employees hired
 21-5    since the date of the last report made by the agency;
 21-6                (5)  the total number of disabled employees of the
 21-7    agency, including a distinction for that category between the total
 21-8    number of employees and the total number of employees hired since
 21-9    the date of the last report made by the agency; and
21-10                (6)  the total number of employees of the agency listed
21-11    by job classification and the total number of employees for each
21-12    sex, racial and ethnic group, and disability listed by job
21-13    classification, including a distinction for those categories
21-14    between the total number of employees and the total number of
21-15    employees hired since the date of the last report made by the
21-16    agency.
21-17          Sec. 21.553.  COOPERATION WITH COMPTROLLER AND UNIFORM
21-18    STATEWIDE ACCOUNTING SYSTEM; REPORT TO LEGISLATURE.  (a)  The
21-19    commission shall compile the  information reported to the
21-20    commission under this subchapter with the assistance of the
21-21    comptroller and the uniform statewide accounting system.
21-22          (b)  The commission shall conduct an analysis of the
21-23    information reported to the commission under this subchapter and
21-24    report the results of that analysis to the legislature not later
21-25    than the fifth day of each regular session of the legislature. The
21-26    report required under this subsection must be written in plain
21-27    language.
 22-1          Sec. 21.554.  FORM.  Not later than December 15 of each year,
 22-2    the commission shall notify each state agency of the form to be
 22-3    used to make a report under this subchapter for the following year.
 22-4          Sec. 21.555.  FAILURE TO FILE REQUIRED REPORT; ADMINISTRATIVE
 22-5    PENALTY.  (a)  If the commission determines that a state agency has
 22-6    failed to file a report required under this subchapter, the
 22-7    commission shall certify that determination to the comptroller.
 22-8          (b)  On receipt of a certification by the commission under
 22-9    Subsection (a), the comptroller shall notify the state agency that
22-10    is the subject of the certification that funds appropriated to the
22-11    agency are subject to a reduction in the amount of $2,000 as
22-12    provided by this section unless, not later than the 30th day after
22-13    the date the agency receives notice from the comptroller under this
22-14    subsection, the agency submits to the comptroller proof that the
22-15    agency filed the report required under this subchapter. If the
22-16    agency fails to submit to the comptroller the proof required by
22-17    this subsection, the comptroller shall:
22-18                (1)  reduce the funds appropriated to the agency for
22-19    the fiscal year in which the agency fails to file the report
22-20    required under this subchapter by the amount of $2,000; or
22-21                (2)  if all funds appropriated to the agency for the
22-22    fiscal year in which the agency fails to file the report required
22-23    under this subchapter have been distributed to the agency, reduce
22-24    the funds appropriated to the agency during the next fiscal year by
22-25    the amount of $2,000.
22-26          Sec. 21.556.  REQUIRED COMPLIANCE TRAINING FOR STATE
22-27    AGENCIES.  (a)  A state agency that receives three or more
 23-1    complaints of employment discrimination in a fiscal year, other
 23-2    than complaints determined to be without merit, shall participate
 23-3    in a comprehensive equal employment opportunity training program
 23-4    provided by the commission or another entity or person approved by
 23-5    the commission.
 23-6          (b)  The commission shall notify a state agency required to
 23-7    participate in a training program under this section of that
 23-8    requirement and the time and place of the training program.
 23-9          (c)  An agency that receives notice under Subsection (b)
23-10    shall designate appropriate supervisory and managerial employees of
23-11    the agency to participate in the program. The agency shall also
23-12    designate to participate in the program an employee who is a named
23-13    respondent in a complaint that is the basis for the agency's
23-14    required participation in the program.
23-15          (d)  An agency required to participate in a program under
23-16    this section shall pay the cost of attending the program or
23-17    reimburse the commission through interagency contract.  The cost of
23-18    providing the program shall be determined and approved by the
23-19    commission in cooperation with the General Services Commission.
23-20          SECTION 16.  Subchapter D, Chapter 301, Property Code, is
23-21    amended by adding Section 301.070 to read as follows:
23-22          Sec. 301.070.  ACCESSIBILITY ASSISTANCE AND INFORMATION FOR
23-23    LANDLORDS.  The commission shall provide to landlords technical and
23-24    other assistance relating to the accessibility requirements under
23-25    this chapter.
23-26          SECTION 17.  (a)  This Act takes effect September 1, 1999.
23-27          (b)  The changes in law made by this Act in the
 24-1    qualifications of, and the prohibitions applying to, members of the
 24-2    Commission on Human Rights do not affect the entitlement of a
 24-3    person serving as a member of the commission immediately before the
 24-4    effective date of this Act to continue to carry out the functions
 24-5    of the commission for the remainder of the member's term.  The
 24-6    changes in law apply only to a member appointed on or after the
 24-7    effective date of this  Act.   This Act does not prohibit a person
 24-8    who is a member of the commission on the effective date of this Act
 24-9    from being reappointed to the commission if the person has the
24-10    qualifications required for a member under Chapter 461, Government
24-11    Code, as amended by this Act.
24-12          (c)  Not later than January 1, 2000, the Commission on Human
24-13    Rights shall develop:
24-14                (1)  a commissioner training program, as described by
24-15    Section 461.0535, Government Code, as added by this Act;
24-16                (2)  a comprehensive training and education program for
24-17    investigators, as described by Section 461.063, Government Code, as
24-18    added by this Act; and
24-19                (3)  an investigation procedures manual, as required by
24-20    Section 461.063, Government Code, as added by this Act.
24-21          (d)  A person who is appointed to the Commission on Human
24-22    Rights on or after the effective date of this Act is not required,
24-23    as a condition to voting, deliberating, or being counted as a
24-24    member in attendance at a meeting of the commission, to complete a
24-25    commissioner training program, as required by Section 461.0535,
24-26    Government Code, as added by this Act, until March 1, 2000.
24-27          (e)  Not later than January 1, 2000, the Commission on Human
 25-1    Rights shall:
 25-2                (1)  establish a toll-free telephone number, provide
 25-3    complaint information on the commission's Internet website, and
 25-4    develop plain language materials, as required by Section 461.060,
 25-5    Government Code, as amended by this Act; and
 25-6                (2)  provide the option of direct telephone operator
 25-7    assistance, provide public interest information in alternative
 25-8    formats, and make the commission's Internet website accessible to a
 25-9    person with a disability, as required by Section 461.061,
25-10    Government Code, as amended by this Act.
25-11          (f)  A person who is employed by the Commission on Human
25-12    Rights as an investigator on or after the effective date of this
25-13    Act is not required, as a condition of eligibility to conduct an
25-14    investigation, to complete an investigator training program as
25-15    required by Section 461.063, Government Code, as added by this Act,
25-16    until March 1, 2000.
25-17          (g)  The Commission on Human Rights shall complete the first
25-18    analysis of employment and housing discrimination complaints, as
25-19    required by Section 461.064, Government Code, as added by this Act,
25-20    not later than November 1, 1999.
25-21          (h)  The change in law made by this Act to Section
25-22    21.2585(d), Labor Code, applies only to an action filed on or after
25-23    the effective date of this Act.  An action filed before the
25-24    effective date of this Act is governed by the applicable law in
25-25    effect immediately before that date, and that law is continued in
25-26    effect for that purpose.
25-27          (i)  The Commission on Human Rights shall develop and provide
 26-1    to each state agency employment discrimination materials, as
 26-2    required by Section 21.010, Labor Code, as added by this Act, not
 26-3    later than November 1, 1999.
 26-4          (j)  A state agency is not required to provide employment
 26-5    discrimination training, as required by Section 21.010, Labor Code,
 26-6    as added by this Act, until December 1, 1999.
 26-7          (k)  Each state agency shall develop and implement personnel
 26-8    policies and procedures, as required by Subchapter I, Chapter 21,
 26-9    Labor Code, as added by this Act, not later than October 1, 1999.
26-10          (l)  The Commission on Human Rights shall establish a system
26-11    to stagger reviews of personnel policies and procedures, as
26-12    required by Subchapter I, Chapter 21, Labor Code, as added by this
26-13    Act, not later than October 1, 1999.
26-14          (m)  The Commission on Human Rights is not required to review
26-15    personnel policies and procedures of a state agency, as required by
26-16    Subchapter I, Chapter 21, Labor Code, as added by this Act, until
26-17    October 1, 1999.
26-18          (n)  Each state agency shall:
26-19                (1)  complete the first analysis of the agency's
26-20    workforce, as required by Subchapter J, Chapter 21, Labor Code, as
26-21    added by this Act, not later than November 1, 1999; and
26-22                (2)  develop a recruitment plan, as required by
26-23    Subchapter J, Chapter 21, Labor Code, as added by this Act, not
26-24    later than January 1, 2000.
26-25          (o)  The Commission on Human Rights shall, with the
26-26    assistance of the comptroller, adopt the form to be used by a state
26-27    agency to make a report under Subchapter K, Chapter 21, Labor Code,
 27-1    as added by this Act, not later than December 1, 1999.
 27-2          (p)  A state agency is not required to participate in a
 27-3    training program under Subchapter K, Chapter 21, Labor Code, as
 27-4    added by this Act, on the basis of an employment discrimination
 27-5    complaint filed before the effective date of this Act.
 27-6          SECTION 18.  The importance of this legislation and the
 27-7    crowded condition of the calendars in both houses create an
 27-8    emergency and an imperative public necessity that the
 27-9    constitutional rule requiring bills to be read on three several
27-10    days in each house be suspended, and this rule is hereby suspended.