1-1 By: Bosse (Senate Sponsor - Madla) H.B. No. 1976
1-2 (In the Senate - Received from the House April 28, 1999;
1-3 April 29, 1999, read first time and referred to Committee on State
1-4 Affairs; May 10, 1999, reported favorably, as amended, by the
1-5 following vote: Yeas 7, Nays 0; May 10, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Cain
1-7 Amend C.S.H.B. No. 1976 as follows:
1-8 (1) Strike lines 9 through 31, page 8, and substitute the
1-9 following:
1-10 "(c) If the commission determines that the personnel
1-11 policies and procedures of a state agency do not comply with this
1-12 chapter, the commission shall recommend appropriate revisions to
1-13 the personnel policies and procedures.
1-14 (d) The state agency shall take these recommendations into
1-15 consideration and determine whether to revise the personnel
1-16 policies and procedures.
1-17 (e) The review of a state agency's personnel policies and
1-18 procedures shall be completed within one year.
1-19 Sec. 21.454. COMPLIANCE REPORT. Not later than 60 days
1-20 after the commission completes the review of a state agency's
1-21 personnel policies and procedures as required by Section 21.453 and
1-22 provides its review and any recommendations to the agency, the
1-23 agency shall submit to the commission, the governor, the
1-24 legislature, and the Legislative Budget Board a report detailing:
1-25 (1) whether the agency implemented the recommendations of
1-26 the commission; and
1-27 (2) if the agency did not implement all of the commission's
1-28 recommendations, the reasons for rejecting those recommendations."
1-29 (2) On page 8, lines 36, through 37, strike the phrase
1-30 "General Services Commission" and substitute the phrase "state
1-31 auditor's office".
1-32 (3) Strike lines 25 through 35, page 9, and substitute the
1-33 following:
1-34 "Sec. 21.502. RECRUITMENT PLAN. Based upon a work force
1-35 availability analysis under Section 21.501 that demonstrates the
1-36 exclusion or underutilization of African Americans, Hispanic
1-37 Americans, and females, or court-ordered remedies, or supervised
1-38 conciliations or settlement agreements, each state agency, other
1-39 than a public junior college as defined by Section 61.003,
1-40 Education Code, shall develop and implement a plan to recruit
1-41 qualified African Americans, Hispanic Americans, and females. The
1-42 plan must comply with this chapter. The commission shall monitor
1-43 state agencies to determine compliance with this section."
1-44 (4) Strike line 59, page 10 through line 15, page 11, and
1-45 substitute the following:
1-46 "Sec. 21.556. REQUIRED COMPLIANCE TRAINING FOR STATE AGENCIES.
1-47 (a) A state agency that receives three or more complaints of
1-48 employment discrimination in a fiscal year, other than complaints
1-49 determined to be without merit, shall provide a comprehensive equal
1-50 employment opportunity training program to appropriate supervisory
1-51 and managerial employees.
1-52 (b) The training may be provided by the commission or by
1-53 another entity or person approved by the commission including a
1-54 state agency.
1-55 (c) The state agency shall provide documentation of the
1-56 training to the commission if the training is not conducted by the
1-57 commission. The documentation shall include the dates the training
1-58 was provided, the names of the persons attending the training, an
1-59 agenda for the training program, and the name of the entity or
1-60 person providing the training.
1-61 (c) The commission by rule shall adopt minimum standards for
1-62 a training program described by subsection (a) and shall approve an
1-63 entity or person to provide a training program if the program
1-64 complies with the minimum standards adopted by the commission under
1-65 this subsection.
2-1 (d) An agency required to participate in a program under
2-2 this section shall pay the cost of attending the program or shall
2-3 reimburse the commission or state agency providing the program
2-4 through interagency contract. The cost of providing the program
2-5 shall be determined and approved by the commission or state agency
2-6 in cooperation with the state auditor's office.
2-7 A BILL TO BE ENTITLED
2-8 AN ACT
2-9 relating to the continuation and functions of the Commission on
2-10 Human Rights.
2-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
2-12 SECTION 1. Section 461.002, Government Code, is amended to
2-13 read as follows:
2-14 Sec. 461.002. APPLICATION OF SUNSET ACT. The Commission on
2-15 Human Rights is subject to Chapter 325 (Texas Sunset Act). Unless
2-16 continued in existence as provided by that chapter, the commission
2-17 is abolished September 1, 2011 [1999].
2-18 SECTION 2. Section 461.052, Government Code, is amended to
2-19 read as follows:
2-20 Sec. 461.052. ELIGIBILITY. (a) In this section, "Texas
2-21 trade association" means a cooperative and voluntarily joined
2-22 association of business or professional competitors in this state
2-23 designed to assist its members and its industry or profession in
2-24 dealing with mutual business or professional problems and in
2-25 promoting their common interest.
2-26 (b) A person is not eligible for appointment as a public
2-27 member of the commission if the person or the person's spouse:
2-28 (1) is employed by or participates in the management
2-29 of a business entity or other organization receiving funds from the
2-30 commission;
2-31 (2) owns or controls, directly or indirectly, more
2-32 than a 10 percent interest in a business entity or other
2-33 organization receiving funds from the commission; or
2-34 (3) uses or receives a substantial amount of tangible
2-35 goods, services, or funds from the commission, other than
2-36 compensation or reimbursement authorized by law for commission
2-37 membership, attendance, or expenses.
2-38 (c) A person may not be a member of the commission and may
2-39 not be a commission employee employed in a "bona fide executive,
2-40 administrative, or professional capacity," as that phrase is used
2-41 for purposes of establishing an exemption to the overtime
2-42 provisions of the federal Fair Labor Standards Act of 1938 (29
2-43 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
2-44 (1) the person is an officer, employee, or paid
2-45 consultant of a Texas trade association in the field of employment,
2-46 labor, or housing; or
2-47 (2) the person's spouse is an officer, manager, or
2-48 paid consultant of a Texas trade association in the field of
2-49 employment, labor, or housing.
2-50 (d) [(b)] A person may not serve as a member of the
2-51 commission or act as general counsel to the commission if the
2-52 person is required to register as a lobbyist under Chapter 305
2-53 because of the person's activities for compensation on behalf of a
2-54 profession related to the operation of the commission.
2-55 SECTION 3. Subchapter B, Chapter 461, Government Code, is
2-56 amended by adding Section 461.0535 to read as follows:
2-57 Sec. 461.0535. COMMISSIONER TRAINING. (a) A person who is
2-58 appointed to and qualifies for office as a member of the commission
2-59 may not vote, deliberate, or be counted as a member in attendance
2-60 at a meeting of the commission until the person completes a
2-61 training program that complies with this section.
2-62 (b) The training program must provide the person with
2-63 information regarding:
2-64 (1) the legislation that created the commission;
2-65 (2) the programs operated by the commission;
2-66 (3) the role and functions of the commission;
2-67 (4) the rules of the commission, with an emphasis on
3-1 the rules that relate to disciplinary and investigatory authority;
3-2 (5) the current budget for the commission;
3-3 (6) the results of the most recent formal audit of the
3-4 commission;
3-5 (7) the requirements of:
3-6 (A) the open meetings law, Chapter 551;
3-7 (B) the public information law, Chapter 552;
3-8 (C) the administrative procedure law, Chapter
3-9 2001; and
3-10 (D) other laws relating to public officials,
3-11 including conflict-of-interest laws; and
3-12 (8) any applicable ethics policies adopted by the
3-13 commission or the Texas Ethics Commission.
3-14 (c) A person appointed to the commission is entitled to
3-15 reimbursement, as provided by the General Appropriations Act, for
3-16 the travel expenses incurred in attending the training program
3-17 regardless of whether the attendance at the program occurs before
3-18 or after the person qualifies for office.
3-19 SECTION 4. Section 461.054, Government Code, is amended to
3-20 read as follows:
3-21 Sec. 461.054. REMOVAL OF MEMBER. (a) It is a ground for
3-22 removal from the commission that [if] a member:
3-23 (1) does not have at the time of taking office
3-24 [appointment] the qualifications required by Section 461.051 [or
3-25 461.052(a)];
3-26 (2) does not maintain during service on the commission
3-27 the qualifications required by Section 461.051 [or 461.052(a)];
3-28 (3) is ineligible for membership under Section 461.052
3-29 [violates a prohibition established by Section 461.052(b)];
3-30 (4) cannot, because of illness or disability,
3-31 discharge the member's duties for a substantial part of the
3-32 member's term [for which the member is appointed because of illness
3-33 or disability]; or
3-34 (5) is absent from [for] more than half of the
3-35 regularly scheduled commission meetings that the member is eligible
3-36 to attend during a calendar year without an excuse approved [unless
3-37 the absence is excused] by a majority vote of the commission.
3-38 (b) The validity of an action [act] of the commission is not
3-39 affected by the fact that it is taken when a ground for removal of
3-40 a commission member exists.
3-41 (c) If the executive director of the commission has
3-42 knowledge that a potential ground for removal exists, the executive
3-43 director shall notify the presiding officer of the commission of
3-44 the potential ground. The presiding officer shall then notify the
3-45 governor and the attorney general that a potential ground for
3-46 removal exists. If the potential ground for removal involves the
3-47 presiding officer, the executive director shall notify the next
3-48 highest ranking officer of the commission, who shall then notify
3-49 the governor and the attorney general that a potential ground for
3-50 removal exists.
3-51 SECTION 5. Sections 461.058(c) and (d), Government Code, are
3-52 amended to read as follows:
3-53 (c) The executive director of the commission or the
3-54 executive director's designee [commission] shall provide to [its]
3-55 members of the commission and to commission employees, as often as
3-56 necessary, information regarding the requirements [their
3-57 qualifications] for office or employment under this chapter,
3-58 including information regarding a person's [and their]
3-59 responsibilities under applicable laws relating to standards of
3-60 conduct for state officers or employees.
3-61 (d) The commission shall develop and implement policies that
3-62 clearly separate [define] the policymaking responsibilities of the
3-63 commission and the management responsibilities of the executive
3-64 director and the staff of the commission.
3-65 SECTION 6. Section 461.060, Government Code, is amended to
3-66 read as follows:
3-67 Sec. 461.060. PUBLIC INTEREST INFORMATION [AND COMPLAINTS].
3-68 (a) The commission shall prepare information of public interest
3-69 describing the functions of the commission and the commission's
4-1 procedures by which complaints are filed with and resolved by the
4-2 commission. The commission shall make the information available to
4-3 the public and appropriate state agencies.
4-4 (b) The commission shall use various outreach methods to
4-5 provide the public with information relating to the commission's
4-6 complaint process, including:
4-7 (1) establishing and maintaining a toll-free telephone
4-8 number;
4-9 (2) providing the information on the commission's
4-10 Internet website; and
4-11 (3) developing and publishing materials written in
4-12 plain language that contain the information.
4-13 (c) The information provided under Subsection (b) must
4-14 include:
4-15 (1) a description of each type of complaint that the
4-16 commission has the authority to resolve;
4-17 (2) a step-by-step explanation of the complaint
4-18 process, including:
4-19 (A) a basic time line of the complaint process;
4-20 and
4-21 (B) the average time required for each step in
4-22 the complaint process;
4-23 (3) a description of the role of each participant in
4-24 the complaint process, including the complainant, the respondent,
4-25 the commission, the Equal Employment Opportunity Commission, the
4-26 United States Department of Housing and Urban Development, and any
4-27 local commission; and
4-28 (4) a list of the basic information and documentation
4-29 required by the commission to process a complaint.
4-30 (d) The commission shall ensure that a commission employee
4-31 who is knowledgeable regarding the functions of the commission is
4-32 available during regular business hours to answer questions.
4-33 (e) [If a written complaint is filed with the commission
4-34 that the commission has authority to resolve, the commission, at
4-35 least quarterly and until final disposition of the complaint, shall
4-36 notify the parties to the complaint of the status of the complaint
4-37 unless the notice would jeopardize an undercover investigation by
4-38 another agency of the state, federal, or local government.]
4-39 [(c)] The commission shall develop and implement policies
4-40 that provide the public with a reasonable opportunity to appear
4-41 before the commission.
4-42 SECTION 7. Subchapter B, Chapter 461, Government Code, is
4-43 amended by adding Section 461.0605 to read as follows:
4-44 Sec. 461.0605. COMPLAINTS. (a) The commission shall
4-45 maintain a file on each written complaint filed with the
4-46 commission. The file must include:
4-47 (1) the name of the person who filed the complaint;
4-48 (2) the date the complaint is received by the
4-49 commission;
4-50 (3) the subject matter of the complaint;
4-51 (4) the name of each person contacted in relation to
4-52 the complaint;
4-53 (5) a summary of the results of the review or
4-54 investigation of the complaint; and
4-55 (6) an explanation of the reason the file was closed,
4-56 if the commission closed the file without taking action other than
4-57 to investigate the complaint.
4-58 (b) The commission shall provide to the person filing the
4-59 complaint and to each person who is a subject of the complaint a
4-60 copy of the commission's policies and procedures relating to
4-61 complaint investigation and resolution.
4-62 (c) The commission, at least quarterly until final
4-63 disposition of the complaint, shall notify the person filing the
4-64 complaint and each person who is a subject of the complaint of the
4-65 status of the investigation unless the notice would jeopardize an
4-66 undercover investigation.
4-67 SECTION 8. Section 461.061, Government Code, is amended to
4-68 read as follows:
4-69 Sec. 461.061. PLAN FOR REASONABLE ACCESS TO COMMISSION
5-1 PROGRAMS; ACCOMMODATIONS. The commission shall:
5-2 (1) prepare and maintain a written plan that describes
5-3 how a person with a disability or a person who does not speak
5-4 English can be provided reasonable access to the commission's
5-5 programs;
5-6 (2) provide the option of direct telephone operator
5-7 assistance to accommodate a person who is deaf or mobility-impaired
5-8 or suffers a cognitive dysfunction;
5-9 (3) provide the public interest information described
5-10 by Section 461.060 in alternative formats, including large print,
5-11 disc, braille, and audiocassette; and
5-12 (4) make the commission's Internet website accessible
5-13 to a person with a disability.
5-14 SECTION 9. Subchapter B, Chapter 461, Government Code, is
5-15 amended by adding Sections 461.063 and 461.064 to read as follows:
5-16 Sec. 461.063. INVESTIGATOR TRAINING PROGRAM; PROCEDURES
5-17 MANUAL. (a) A person who is employed by the commission as an
5-18 investigator may not conduct an investigation until the person
5-19 completes a comprehensive training and education program for
5-20 investigators that complies with this section.
5-21 (b) The training program must provide the person with
5-22 information regarding:
5-23 (1) the requirements relating to employment adopted
5-24 under the Americans with Disabilities Act (42 U.S.C. Section 12101
5-25 et seq.) and its subsequent amendments, with a special emphasis on
5-26 requirements regarding reasonable accommodations;
5-27 (2) various types of disabilities and accommodations
5-28 appropriate in an employment setting for each type of disability;
5-29 and
5-30 (3) fair employment and housing practices.
5-31 (c) Each investigator shall annually complete a continuing
5-32 education program designed to provide investigators with the most
5-33 recent information available regarding the issues described by
5-34 Subsection (b), including legislative and judicial changes in the
5-35 law.
5-36 (d) The commission shall develop and biennially update an
5-37 investigation procedures manual. The manual must include
5-38 investigation procedures and information and may include
5-39 information regarding the Equal Employment Opportunity Commission
5-40 and the United States Department of Housing and Urban Development.
5-41 Sec. 461.064. ANALYSIS OF DISCRIMINATION COMPLAINTS; REPORT.
5-42 (a) The commission shall collect and report statewide information
5-43 relating to employment and housing discrimination complaints as
5-44 required by this section.
5-45 (b) Each state fiscal year, the commission shall collect and
5-46 analyze information regarding employment and housing discrimination
5-47 complaints filed with the commission, the Equal Employment
5-48 Opportunity Commission, the United States Department of Housing and
5-49 Urban Development, and local commissions in this state. The
5-50 information must include:
5-51 (1) an analysis of employment complaints filed by the
5-52 basis of the complaint, including:
5-53 (A) sex, race, color, age, disability, national
5-54 origin, religion, and genetic information; and
5-55 (B) retaliatory actions against the complainant;
5-56 (2) an analysis of housing complaints filed by the
5-57 basis of the complaint, including sex, race, color, disability,
5-58 national origin, religion, and familial status;
5-59 (3) an analysis of employment complaints filed by
5-60 issue, including discharge, terms and conditions, sexual
5-61 harassment, promotion, hiring, demotion, and layoff;
5-62 (4) an analysis of housing complaints filed by issue,
5-63 including terms and conditions, refusal to rent or sell,
5-64 discriminatory financing or advertising, and false representation;
5-65 (5) an analysis of employment and housing cases closed
5-66 by the reason the case was closed, including findings or
5-67 determinations of cause or no cause, successful conciliation, right
5-68 to sue issued, complaint withdrawn after resolution, no-fault
5-69 settlement, complainant failed to cooperate, and lack of
6-1 jurisdiction; and
6-2 (6) the average processing time for complaints
6-3 resolved by the commission in each state fiscal year, regardless of
6-4 whether the complaint was filed in the same fiscal year in which
6-5 the complaint was resolved.
6-6 (c) The commission shall include the results of an analysis
6-7 required under this section in the commission's annual report to
6-8 the governor and legislature.
6-9 SECTION 10. Section 21.002, Labor Code, is amended by
6-10 amending Subdivision (8) and adding Subdivision (14) to read as
6-11 follows:
6-12 (8) "Employer" means:
6-13 (A) a person who is engaged in an industry
6-14 affecting commerce and who has 15 or more employees for each
6-15 working day in each of 20 or more calendar weeks in the current or
6-16 preceding calendar year;
6-17 (B) an agent of a person described by Paragraph
6-18 (A);
6-19 (C) an individual elected to public office in
6-20 this state or a political subdivision of this state; or
6-21 (D) a county, municipality, state agency, or
6-22 state instrumentality, [including a public institution of
6-23 education,] regardless of the number of individuals employed.
6-24 (14) "State agency" means:
6-25 (A) a board, commission, committee, council,
6-26 department, institution, office, or agency in the executive branch
6-27 of state government having statewide jurisdiction;
6-28 (B) the supreme court, the court of criminal
6-29 appeals, a court of appeals, or the State Bar of Texas or another
6-30 judicial agency having statewide jurisdiction; or
6-31 (C) an institution of higher education as
6-32 defined by Section 61.003, Education Code.
6-33 SECTION 11. Section 21.003(a), Labor Code, is amended to
6-34 read as follows:
6-35 (a) The commission may:
6-36 (1) promote the creation of local commissions on human
6-37 rights by cooperating or contracting with individuals or state,
6-38 local, or other agencies, public or private, including agencies of
6-39 the federal government and of other states;
6-40 (2) receive, investigate, seek to conciliate, and pass
6-41 on complaints alleging violations of this chapter;
6-42 (3) file civil actions to effectuate the purposes of
6-43 this chapter;
6-44 (4) request and, if necessary, compel by subpoena:
6-45 (A) the attendance of necessary witnesses for
6-46 examination under oath; and
6-47 (B) the production, for inspection and copying,
6-48 of records, documents, and other evidence relevant to the
6-49 investigation of alleged violations of this chapter;
6-50 (5) furnish technical assistance requested by a person
6-51 subject to this chapter to further compliance with this chapter or
6-52 with a rule or order issued under this chapter;
6-53 (6) recommend in its annual report legislation or
6-54 other action to carry out the purposes and policies of this
6-55 chapter;
6-56 (7) adopt procedural rules to carry out the purposes
6-57 and policies of this chapter; and
6-58 (8) provide educational and outreach activities to
6-59 individuals who have historically been victims of employment
6-60 discrimination[; and]
6-61 [(9) require state agencies and public institutions of
6-62 higher education to develop and implement personnel policies that
6-63 comply with this chapter, including personnel selection procedures
6-64 that incorporate a work force diversity program].
6-65 SECTION 12. Subchapter A, Chapter 21, Labor Code, is amended
6-66 by adding Section 21.0035 to read as follows:
6-67 Sec. 21.0035. CIVILIAN WORKFORCE COMPOSITION. (a) The
6-68 commission by rule shall biennially determine:
6-69 (1) the percentage of the statewide civilian workforce
7-1 composed of:
7-2 (A) Caucasian Americans;
7-3 (B) African Americans;
7-4 (C) Hispanic Americans;
7-5 (D) females; and
7-6 (E) males; and
7-7 (2) the percentage of the statewide civilian workforce
7-8 of the groups listed in Subdivision (1) according to the following
7-9 job categories:
7-10 (A) state agency administration;
7-11 (B) professional;
7-12 (C) technical;
7-13 (D) protective services;
7-14 (E) paraprofessional;
7-15 (F) administrative support;
7-16 (G) skilled craft; and
7-17 (H) service and maintenance.
7-18 (b) The commission shall report the percentages of the
7-19 statewide civilian workforce as determined under this section to
7-20 the governor and the legislature not later than the fifth day of
7-21 each regular session of the legislature.
7-22 SECTION 13. Section 21.2585(d), Labor Code, is amended to
7-23 read as follows:
7-24 (d) The sum of the amount of compensatory damages awarded
7-25 under this section for future pecuniary losses, emotional pain,
7-26 suffering, inconvenience, mental anguish, loss of enjoyment of
7-27 life, and other nonpecuniary losses and the amount of punitive
7-28 damages awarded under this section may not exceed, for each
7-29 complainant:
7-30 (1) $50,000 in the case of a respondent that has [more
7-31 than 14 and] fewer than 101 employees;
7-32 (2) $100,000 in the case of a respondent that has more
7-33 than 100 and fewer than 201 employees;
7-34 (3) $200,000 in the case of a respondent that has more
7-35 than 200 and fewer than 501 employees; and
7-36 (4) $300,000 in the case of a respondent that has more
7-37 than 500 employees.
7-38 SECTION 14. Subchapter A, Chapter 21, Labor Code, is amended
7-39 by adding Section 21.010 to read as follows:
7-40 Sec. 21.010. EMPLOYMENT DISCRIMINATION TRAINING FOR STATE
7-41 EMPLOYEES. (a) Each state agency shall provide to employees of
7-42 the agency an employment discrimination training program that
7-43 complies with this section.
7-44 (b) The training program must provide the employee with
7-45 information regarding the agency's policies and procedures relating
7-46 to employment discrimination, including employment discrimination
7-47 involving sexual harassment.
7-48 (c) Each employee of a state agency shall attend the
7-49 training program required by this section not later than the 30th
7-50 day after the date the employee is hired by the agency and shall
7-51 attend supplemental training every two years.
7-52 (d) The commission shall develop materials for use by state
7-53 agencies in providing employment discrimination training as
7-54 required by this section.
7-55 (e) Each state agency shall require an employee of the
7-56 agency who attends a training program required by this section to
7-57 sign a statement verifying the employee's attendance at the
7-58 training program. The agency shall file the statement in the
7-59 employee's personnel file.
7-60 SECTION 15. Chapter 21, Labor Code, is amended by adding
7-61 Subchapters I-K to read as follows:
7-62 SUBCHAPTER I. PERSONNEL POLICIES AND PROCEDURES
7-63 Sec. 21.451. DEFINITION. In this subchapter, "state agency"
7-64 does not include a public junior college as defined by Section
7-65 61.003, Education Code.
7-66 Sec. 21.452. DEVELOPMENT AND IMPLEMENTATION OF PERSONNEL
7-67 POLICIES AND PROCEDURES. Each state agency shall develop and
7-68 implement personnel policies and procedures that comply with this
7-69 chapter, including personnel selection procedures that incorporate
8-1 a workforce diversity program.
8-2 Sec. 21.453. REVIEW. (a) The commission shall review the
8-3 personnel policies and procedures of each state agency on a
8-4 six-year cycle to determine whether the policies and procedures
8-5 comply with this chapter.
8-6 (b) The commission by rule shall establish a system to
8-7 stagger the reviews of state agency personnel policies and
8-8 procedures required under this section.
8-9 (c) If the commission determines that the personnel policies
8-10 and procedures of a state agency do not comply with this chapter,
8-11 the commission shall recommend appropriate revisions to the
8-12 policies and procedures. Not later than the 90th day after the
8-13 date that a state agency receives revisions to the agency's
8-14 personnel policies and procedures recommended by the commission
8-15 under this subsection, the agency by written order shall:
8-16 (1) implement the recommended revisions;
8-17 (2) implement revisions other than the recommended
8-18 revisions and state each finding of the agency on which the
8-19 implemented revisions are based; or
8-20 (3) reject the recommended revisions and state each
8-21 reason for the rejection.
8-22 (d) The review of a state agency's personnel policies and
8-23 procedures and the implementation of any recommended revisions
8-24 shall be completed within one year.
8-25 Sec. 21.454. ANNUAL COMPLIANCE REPORT. After the commission
8-26 completes the review of a state agency's personnel policies and
8-27 procedures and the agency implements any recommended revisions, the
8-28 agency shall submit to the governor, the legislature, and the
8-29 Legislative Budget Board not later than October 1 of each year a
8-30 report detailing the agency's compliance with the policies and
8-31 procedures.
8-32 Sec. 21.455. REIMBURSEMENT; AUDIT. (a) A state agency
8-33 shall reimburse the commission through interagency contract for the
8-34 reasonable and necessary expenses incurred by the commission in
8-35 conducting a review under Section 21.453. The actual expenses
8-36 incurred by the commission shall be determined by the General
8-37 Services Commission.
8-38 (b) The commission shall maintain a record of the time
8-39 expended and the actual costs and travel expenses incurred by the
8-40 commission in conducting a review under Section 21.453.
8-41 (c) The amount of reimbursement paid by a state agency under
8-42 Subsection (a) and the record maintained by the commission under
8-43 Subsection (b) is subject to audit by the state auditor in
8-44 accordance with Chapter 321, Government Code.
8-45 Sec. 21.456. FAILURE TO COMPLY WITH SUBCHAPTER;
8-46 ADMINISTRATIVE PENALTY. (a) If the commission determines that a
8-47 state agency has failed to comply with this subchapter, the
8-48 commission shall certify that determination to the comptroller.
8-49 (b) On receipt of a certification by the commission under
8-50 Subsection (a), the comptroller shall notify the state agency that
8-51 is the subject of the certification that funds appropriated to the
8-52 agency are subject to a reduction in the amount of $5,000 as
8-53 provided by this section unless, not later than the 30th day after
8-54 the date the agency receives notice from the comptroller under this
8-55 subsection, the agency submits to the comptroller proof that the
8-56 agency has complied with this subchapter. If the agency fails to
8-57 submit to the comptroller the proof required by this subsection,
8-58 the comptroller shall:
8-59 (1) if the state agency failed to develop or implement
8-60 personnel policies and procedures as required by Section 21.452:
8-61 (A) reduce the funds appropriated to the agency
8-62 for the fiscal year in which the agency fails to comply with this
8-63 subchapter by the amount of $5,000; or
8-64 (B) if all funds appropriated to the agency for
8-65 the fiscal year in which the agency fails to comply with this
8-66 subchapter have been distributed to the agency, reduce the funds
8-67 appropriated to the agency during the next fiscal year by the
8-68 amount of $5,000; or
8-69 (2) if the state agency failed to reimburse the
9-1 commission as required by Section 21.455:
9-2 (A) transfer the amount of the reimbursement
9-3 from the agency to the commission's appropriations and reduce the
9-4 funds appropriated to the agency for the fiscal year in which the
9-5 agency fails to comply with this subchapter by an amount that
9-6 equals the difference between the amount of the reimbursement and
9-7 $5,000; or
9-8 (B) if all funds appropriated to the agency for
9-9 the fiscal year in which the agency fails to comply with this
9-10 subchapter have been distributed to the agency:
9-11 (i) during the next fiscal year, transfer
9-12 the amount of the reimbursement from the funds appropriated to the
9-13 agency for that fiscal year to the commission's appropriations; and
9-14 (ii) reduce the funds appropriated to the
9-15 agency during the next fiscal year by an amount that equals the
9-16 difference between the amount of the reimbursement and $5,000.
9-17 SUBCHAPTER J. HIRING PRACTICES
9-18 Sec. 21.501. WORKFORCE ANALYSIS. Each state fiscal
9-19 biennium, each state agency shall analyze its current workforce and
9-20 compare the number of African Americans, Hispanic Americans, and
9-21 females employed by the agency in each job category to the
9-22 available African Americans, Hispanic Americans, and females in the
9-23 statewide civilian workforce to determine the percentage of
9-24 exclusion or underutilization by each job category.
9-25 Sec. 21.502. RECRUITMENT PLAN. Each state agency, other
9-26 than a public junior college as defined by Section 61.003,
9-27 Education Code, shall develop, update, and implement a recruitment
9-28 plan to recruit capable and qualified African Americans, Hispanic
9-29 Americans, and females if African Americans, Hispanic Americans,
9-30 or females are underemployed by the agency in a job category. The
9-31 agency shall base the plan on the workforce analysis prepared under
9-32 Section 21.501 and on any applicable remedy, agreement, or
9-33 settlement that has been ordered or approved by a court. The plan
9-34 must comply with this chapter. The commission shall monitor state
9-35 agencies to determine compliance with this section.
9-36 Sec. 21.503. EFFECT ON REMEDIES UNDER OTHER LAWS. This
9-37 subchapter does not affect a remedy, agreement, settlement, or
9-38 affirmative action plan that has been ordered or approved by a
9-39 court or that has been adopted in accordance with other law.
9-40 Sec. 21.504. ANNUAL REPORT. Not later than November 1 of
9-41 each calendar year, each state agency shall report to the
9-42 commission the total number of African Americans, Hispanic
9-43 Americans, females, and other persons hired for each job category
9-44 by the agency during the preceding state fiscal year. The
9-45 commission shall compile this information and submit a report based
9-46 on the information to the governor and the Legislative Budget
9-47 Board not later than January 1 of the subsequent calendar year.
9-48 SUBCHAPTER K. EQUAL EMPLOYMENT OPPORTUNITY REPORTS
9-49 Sec. 21.551. DEFINITION. In this subchapter, "racial and
9-50 ethnic group" means Caucasian American, African American, or
9-51 Hispanic American.
9-52 Sec. 21.552. EQUAL EMPLOYMENT OPPORTUNITY REPORT REQUIRED.
9-53 (a) Not later than the seventh day of each calendar year,
9-54 excluding legal holidays and weekends, each state agency shall
9-55 report equal employment opportunity information for the preceding
9-56 calendar year to the commission as required by this subchapter.
9-57 The report must be made in the form prescribed by the commission
9-58 and include information compiled on a monthly basis.
9-59 (b) Each year the commission shall compile equal employment
9-60 opportunity information reported to the commission by a state
9-61 agency. The information must include:
9-62 (1) the total number of employees of the agency and
9-63 the total number of new employees hired since the date of the last
9-64 report made by the agency;
9-65 (2) the total number of employees of the agency listed
9-66 by racial and ethnic group and the percentage of the total number
9-67 of agency employees for each racial and ethnic group, including a
9-68 distinction for those categories between the total number of
9-69 employees and the total number of employees hired since the date of
10-1 the last report made by the agency;
10-2 (3) the total number of male employees and the total
10-3 number of female employees of the agency, including a distinction
10-4 for those categories between the total number of employees and the
10-5 total number of employees hired since the date of the last report
10-6 made by the agency;
10-7 (4) the total number of male employees and the total
10-8 number of female employees of the agency for each racial and ethnic
10-9 group, including a distinction for those categories between the
10-10 total number of employees and the total number of employees hired
10-11 since the date of the last report made by the agency;
10-12 (5) the total number of disabled employees of the
10-13 agency, including a distinction for that category between the total
10-14 number of employees and the total number of employees hired since
10-15 the date of the last report made by the agency; and
10-16 (6) the total number of employees of the agency listed
10-17 by job classification and the total number of employees for each
10-18 sex, racial and ethnic group, and disability listed by job
10-19 classification, including a distinction for those categories
10-20 between the total number of employees and the total number of
10-21 employees hired since the date of the last report made by the
10-22 agency.
10-23 Sec. 21.553. COOPERATION WITH COMPTROLLER AND UNIFORM
10-24 STATEWIDE ACCOUNTING SYSTEM; REPORT TO LEGISLATURE. (a) The
10-25 commission shall compile the information reported to the
10-26 commission under this subchapter with the assistance of the
10-27 comptroller and the uniform statewide accounting system.
10-28 (b) The commission shall conduct an analysis of the
10-29 information reported to the commission under this subchapter and
10-30 report the results of that analysis to the legislature not later
10-31 than the fifth day of each regular session of the legislature. The
10-32 report required under this subsection must be written in plain
10-33 language.
10-34 Sec. 21.554. FORM. Not later than December 15 of each year,
10-35 the commission shall notify each state agency of the form to be
10-36 used to make a report under this subchapter for the following year.
10-37 Sec. 21.555. FAILURE TO FILE REQUIRED REPORT; ADMINISTRATIVE
10-38 PENALTY. (a) If the commission determines that a state agency has
10-39 failed to file a report required under this subchapter, the
10-40 commission shall certify that determination to the comptroller.
10-41 (b) On receipt of a certification by the commission under
10-42 Subsection (a), the comptroller shall notify the state agency that
10-43 is the subject of the certification that funds appropriated to the
10-44 agency are subject to a reduction in the amount of $2,000 as
10-45 provided by this section unless, not later than the 30th day after
10-46 the date the agency receives notice from the comptroller under this
10-47 subsection, the agency submits to the comptroller proof that the
10-48 agency filed the report required under this subchapter. If the
10-49 agency fails to submit to the comptroller the proof required by
10-50 this subsection, the comptroller shall:
10-51 (1) reduce the funds appropriated to the agency for
10-52 the fiscal year in which the agency fails to file the report
10-53 required under this subchapter by the amount of $2,000; or
10-54 (2) if all funds appropriated to the agency for the
10-55 fiscal year in which the agency fails to file the report required
10-56 under this subchapter have been distributed to the agency, reduce
10-57 the funds appropriated to the agency during the next fiscal year by
10-58 the amount of $2,000.
10-59 Sec. 21.556. REQUIRED COMPLIANCE TRAINING FOR STATE
10-60 AGENCIES. (a) A state agency that receives three or more
10-61 complaints of employment discrimination in a fiscal year, other
10-62 than complaints determined to be without merit, shall participate
10-63 in a comprehensive equal employment opportunity training program
10-64 provided by the commission or another entity or person approved by
10-65 the commission as provided by Subsection (e).
10-66 (b) The commission shall notify a state agency required to
10-67 participate in a training program under this section of that
10-68 requirement and the time and place of the training program.
10-69 (c) An agency that receives notice under Subsection (b)
11-1 shall designate appropriate supervisory and managerial employees of
11-2 the agency to participate in the program. The agency shall also
11-3 designate to participate in the program an employee who is a named
11-4 respondent in a complaint that is the basis for the agency's
11-5 required participation in the program.
11-6 (d) An agency required to participate in a program under
11-7 this section shall pay the cost of attending the program or
11-8 reimburse the commission through interagency contract. The cost of
11-9 providing the program shall be determined and approved by the
11-10 commission in cooperation with the General Services Commission.
11-11 (e) The commission by rule shall adopt minimum standards for
11-12 a training program described by Subsection (a). The commission may
11-13 approve an entity or person to provide a training program under
11-14 this section only if the program complies with the minimum
11-15 standards adopted by the commission under this subsection.
11-16 SECTION 16. Subchapter D, Chapter 301, Property Code, is
11-17 amended by adding Section 301.070 to read as follows:
11-18 Sec. 301.070. ACCESSIBILITY ASSISTANCE AND INFORMATION FOR
11-19 LANDLORDS. The commission shall provide to landlords technical and
11-20 other assistance relating to the accessibility requirements under
11-21 this chapter.
11-22 SECTION 17. (a) This Act takes effect September 1, 1999.
11-23 (b) The changes in law made by this Act in the
11-24 qualifications of, and the prohibitions applying to, members of the
11-25 Commission on Human Rights do not affect the entitlement of a
11-26 person serving as a member of the commission immediately before the
11-27 effective date of this Act to continue to carry out the functions
11-28 of the commission for the remainder of the member's term. The
11-29 changes in law apply only to a member appointed on or after the
11-30 effective date of this Act. This Act does not prohibit a person
11-31 who is a member of the commission on the effective date of this Act
11-32 from being reappointed to the commission if the person has the
11-33 qualifications required for a member under Chapter 461, Government
11-34 Code, as amended by this Act.
11-35 (c) Not later than January 1, 2000, the Commission on Human
11-36 Rights shall develop:
11-37 (1) a commissioner training program, as described by
11-38 Section 461.0535, Government Code, as added by this Act;
11-39 (2) a comprehensive training and education program for
11-40 investigators, as described by Section 461.063, Government Code, as
11-41 added by this Act; and
11-42 (3) an investigation procedures manual, as required by
11-43 Section 461.063, Government Code, as added by this Act.
11-44 (d) A person who is appointed to the Commission on Human
11-45 Rights on or after the effective date of this Act is not required,
11-46 as a condition to voting, deliberating, or being counted as a
11-47 member in attendance at a meeting of the commission, to complete a
11-48 commissioner training program, as required by Section 461.0535,
11-49 Government Code, as added by this Act, until March 1, 2000.
11-50 (e) Not later than January 1, 2000, the Commission on Human
11-51 Rights shall:
11-52 (1) establish a toll-free telephone number, provide
11-53 complaint information on the commission's Internet website, and
11-54 develop plain language materials, as required by Section 461.060,
11-55 Government Code, as amended by this Act; and
11-56 (2) provide the option of direct telephone operator
11-57 assistance, provide public interest information in alternative
11-58 formats, and make the commission's Internet website accessible to a
11-59 person with a disability, as required by Section 461.061,
11-60 Government Code, as amended by this Act.
11-61 (f) A person who is employed by the Commission on Human
11-62 Rights as an investigator on or after the effective date of this
11-63 Act is not required, as a condition of eligibility to conduct an
11-64 investigation, to complete an investigator training program as
11-65 required by Section 461.063, Government Code, as added by this Act,
11-66 until March 1, 2000.
11-67 (g) The Commission on Human Rights shall complete the first
11-68 analysis of employment and housing discrimination complaints, as
11-69 required by Section 461.064, Government Code, as added by this Act,
12-1 not later than November 1, 1999.
12-2 (h) The change in law made by this Act to Section
12-3 21.2585(d), Labor Code, applies only to an action filed on or after
12-4 the effective date of this Act. An action filed before the
12-5 effective date of this Act is governed by the applicable law in
12-6 effect immediately before that date, and that law is continued in
12-7 effect for that purpose.
12-8 (i) The Commission on Human Rights shall develop and provide
12-9 to each state agency employment discrimination materials, as
12-10 required by Section 21.010, Labor Code, as added by this Act, not
12-11 later than November 1, 1999.
12-12 (j) A state agency is not required to provide employment
12-13 discrimination training, as required by Section 21.010, Labor Code,
12-14 as added by this Act, until December 1, 1999.
12-15 (k) Each state agency shall develop and implement personnel
12-16 policies and procedures, as required by Subchapter I, Chapter 21,
12-17 Labor Code, as added by this Act, not later than October 1, 1999.
12-18 (l) The Commission on Human Rights shall establish a system
12-19 to stagger reviews of personnel policies and procedures, as
12-20 required by Subchapter I, Chapter 21, Labor Code, as added by this
12-21 Act, not later than October 1, 1999.
12-22 (m) The Commission on Human Rights is not required to review
12-23 personnel policies and procedures of a state agency, as required by
12-24 Subchapter I, Chapter 21, Labor Code, as added by this Act, until
12-25 October 1, 1999.
12-26 (n) Each state agency shall:
12-27 (1) complete the first analysis of the agency's
12-28 workforce, as required by Subchapter J, Chapter 21, Labor Code, as
12-29 added by this Act, not later than November 1, 1999; and
12-30 (2) develop a recruitment plan, as required by
12-31 Subchapter J, Chapter 21, Labor Code, as added by this Act, not
12-32 later than January 1, 2000.
12-33 (o) The Commission on Human Rights shall, with the
12-34 assistance of the comptroller, adopt the form to be used by a state
12-35 agency to make a report under Subchapter K, Chapter 21, Labor Code,
12-36 as added by this Act, not later than December 1, 1999.
12-37 (p) A state agency is not required to participate in a
12-38 training program under Subchapter K, Chapter 21, Labor Code, as
12-39 added by this Act, on the basis of an employment discrimination
12-40 complaint filed before the effective date of this Act.
12-41 (q) The Commission on Human Rights shall adopt minimum
12-42 standards for a comprehensive equal employment opportunity training
12-43 program as required by Section 21.556, Labor Code, as added by this
12-44 Act, not later than October 1, 1999.
12-45 SECTION 18. The importance of this legislation and the
12-46 crowded condition of the calendars in both houses create an
12-47 emergency and an imperative public necessity that the
12-48 constitutional rule requiring bills to be read on three several
12-49 days in each house be suspended, and this rule is hereby suspended.
12-50 * * * * *