AN ACT
1-1 relating to requirements for membership on or employment by the
1-2 Board of Pardons and Paroles.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsection (b), Section 508.031, Government Code,
1-5 is amended to read as follows:
1-6 (b) Appointments to the board must be made without regard to
1-7 the race, color, disability [handicap], sex, religion, age, or
1-8 national origin of the appointed members.
1-9 SECTION 2. Section 508.033, Government Code, is amended to
1-10 read as follows:
1-11 Sec. 508.033. DISQUALIFICATIONS. (a) A person is not
1-12 eligible for appointment as a member of the board if the person or
1-13 the person's spouse:
1-14 (1) is employed by or participates in the management
1-15 of a business entity or other organization receiving funds from the
1-16 department or the board;
1-17 (2) owns or controls, directly or indirectly, more
1-18 than a 10-percent interest in a business entity or other
1-19 organization:
1-20 (A) regulated by the department; or
1-21 (B) receiving funds from the department or the
1-22 board; or
1-23 (3) uses or receives a substantial amount of tangible
1-24 goods, services, or funds from the department or the board, other
2-1 than compensation or reimbursement authorized by law for board
2-2 membership, attendance, or expenses.
2-3 (b) In determining eligibility under Subsection (a)(3), the
2-4 compensation or reimbursement that a board member's spouse receives
2-5 as an employee of the board or the department may not be
2-6 considered. This subsection does not affect any restriction on
2-7 employment or board membership imposed by any other law.
2-8 (c) A person may not be a member of the board and may not be
2-9 an employee of the division or the board employed in a "bona fide
2-10 executive, administrative, or professional capacity," as that
2-11 phrase is used for purposes of establishing an exemption to the
2-12 overtime provisions of the federal Fair Labor Standards Act of 1938
2-13 (29 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
2-14 (1) the person is an officer, employee, or paid
2-15 consultant of a Texas trade association in the field of criminal
2-16 justice; or
2-17 (2) the person's spouse is an officer, manager, or
2-18 paid consultant of a Texas trade association in the field of
2-19 criminal justice. [An employee or paid officer of or consultant to
2-20 a trade association in the field of criminal justice may not be:]
2-21 [(1) a member of the board; or]
2-22 [(2) an employee of the division or the board who is
2-23 exempt from the state's position classification plan or who is
2-24 compensated at or above the amount prescribed by the General
2-25 Appropriations Act for step 1, salary group A17, of the position
2-26 classification salary schedule.]
3-1 (d) [A person who is the spouse of an officer or manager of
3-2 or paid consultant to a trade association in the field of criminal
3-3 justice may not be:]
3-4 [(1) a member of the board; or]
3-5 [(2) an employee of the division or the board who is:]
3-6 [(A) exempt from the state's classification
3-7 plan; or]
3-8 [(B) compensated at or above the amount
3-9 prescribed by the General Appropriations Act for step 1, salary
3-10 group A17, of the position classification salary schedule.]
3-11 [(e)] A person who is required to register as a lobbyist
3-12 under Chapter 305 because of the person's activities for
3-13 compensation in or on behalf of a profession related to the
3-14 operation of the board may not:
3-15 (1) serve as a member of the board; or
3-16 (2) act as the general counsel to the board or
3-17 division.
3-18 (e) [(f)] In this section, "Texas [a] trade association"
3-19 means [is] a [nonprofit,] cooperative[,] and voluntarily joined
3-20 association of business or professional competitors in this state
3-21 [that is] designed to assist its [the association's] members and
3-22 its [the association's] industry or profession in:
3-23 (1) dealing with mutual business or professional
3-24 problems; and
3-25 (2) promoting their common interests.
3-26 SECTION 3. Subsection (a), Section 508.034, Government Code,
4-1 is amended to read as follows:
4-2 (a) It is a ground for removal from the board that [if] a
4-3 member:
4-4 (1) does not have at the time of taking office the
4-5 qualification required by [appointment is not qualified under]
4-6 Section 508.032(b) [508.032 or 508.033(a)] for appointment to the
4-7 board;
4-8 (2) is ineligible for membership under [during the
4-9 member's service on the board becomes ineligible under Section
4-10 508.033(a) for appointment to the board;]
4-11 [(3) violates] Section 508.033 [508.033(c), (d), or
4-12 (e)];
4-13 (3) [(4)] is unable to discharge the member's duties
4-14 for a substantial part of the term for which the member was
4-15 appointed because of illness or disability; or
4-16 (4) [(5)] is absent from more than half of the
4-17 regularly scheduled board or panel meetings that the member is
4-18 eligible to attend during each calendar year, except when the
4-19 absence is excused by majority vote of the board.
4-20 SECTION 4. Subsections (a) and (c), Section 508.0362,
4-21 Government Code, are amended to read as follows:
4-22 (a) A person who is appointed to and qualifies for [To be
4-23 eligible to take] office as a member of the board or the policy
4-24 board may not vote, deliberate, or be counted as a member in
4-25 attendance at a meeting of the board or policy board until the
4-26 person completes[, a person appointed to the board or policy board
5-1 must complete] at least one course of a training program that
5-2 complies with this section.
5-3 (c) A person appointed to the board or policy board is
5-4 entitled to reimbursement [for travel expenses incurred in
5-5 attending the training program], as provided by the General
5-6 Appropriations Act, for the travel expenses incurred in attending
5-7 the training program regardless of whether the attendance at the
5-8 program occurs before or after the person qualifies for office [and
5-9 as if the person were a member of the board or policy board].
5-10 SECTION 5. Section 508.040, Government Code, is amended to
5-11 read as follows:
5-12 Sec. 508.040. PERSONNEL. (a) The policy board shall employ
5-13 and supervise:
5-14 (1) a general counsel to the board;
5-15 (2) a board administrator to manage the day-to-day
5-16 activities of the board;
5-17 (3) hearing officers;
5-18 (4) personnel to assist in clemency matters; and
5-19 (5) secretarial or clerical personnel.
5-20 (b) The board administrator or the board administrator's
5-21 designee shall prepare and maintain a written policy statement that
5-22 implements [to assure implementation of] a program of equal
5-23 employment opportunity under which all personnel decisions
5-24 [transactions] of the board are made without regard to race, color,
5-25 disability, sex, religion, age, or national origin. The policy
5-26 statement must include:
6-1 (1) personnel policies, including policies relating to
6-2 recruitment, evaluation, selection, [appointment,] training, and
6-3 promotion of personnel, that show the intent of the board to avoid
6-4 the unlawful employment practices described by [are in compliance
6-5 with requirements of] Chapter 21, Labor Code; and
6-6 (2) an [a comprehensive] analysis of the extent to
6-7 which the composition of the board's personnel is in accordance
6-8 with state and federal law and a description of [board workforce
6-9 that meets federal and state laws, rules, and regulations, and
6-10 instructions promulgated directly from those laws, rules, and
6-11 regulations;]
6-12 [(3) procedures by which a determination can be made
6-13 about the extent of underuse in the board workforce of all persons
6-14 for whom federal or state laws, rules, and regulations, and
6-15 instructions promulgated directly from those laws, rules, and
6-16 regulations, encourage a more equitable balance; and]
6-17 [(4)] reasonable methods to achieve compliance with
6-18 state and federal law [appropriately address those areas of
6-19 underuse].
6-20 (c) The [A] policy statement [prepared under Subsection (b)]
6-21 must [cover an annual period,] be updated annually, be [and]
6-22 reviewed by the Commission on Human Rights for compliance with
6-23 Subsection (b)(1), and be filed with the governor's office.
6-24 (d) [The governor's office shall deliver a biennial report
6-25 to the legislature based on the information received under
6-26 Subsection (c). The report may be made separately or as a part of
7-1 other biennial reports made to the legislature.]
7-2 [(e)] The board administrator or the board administrator's
7-3 designee shall develop an intra-agency career ladder program that
7-4 addresses opportunities for mobility and advancement for employees
7-5 within the board. The program shall require intra-agency posting
7-6 of all positions concurrently with any public posting.
7-7 (e) [(f)] The board administrator or the board
7-8 administrator's designee shall develop a system of annual
7-9 performance evaluations that are based on documented employee
7-10 performance. All merit pay for board employees must be based on
7-11 the system established under this subsection.
7-12 SECTION 6. Subsection (b), Section 508.042, Government Code,
7-13 is amended to read as follows:
7-14 (b) A new member may not participate in a vote of the board
7-15 or a panel, deliberate, or be counted as a member in attendance at
7-16 a meeting of the board or policy board until the member completes
7-17 the program.
7-18 SECTION 7. (a) Subsection (c), Section 311.031, Government
7-19 Code, provides that an amendment made to a code's source law at the
7-20 same session the code is enacted is preserved and given effect as
7-21 part of the code provision that revised the statute so amended.
7-22 Section 508.033, and Subsection (a), Section 508.034, Government
7-23 Code, as set out in this Act, give effect to those changes made by
7-24 Section 2, Chapter 161, Acts of the 75th Legislature, Regular
7-25 Session, 1997. Subsections (a) and (c), Section 508.0362,
7-26 Government Code, as set out in this Act, give effect to those
8-1 changes made by Section 7, Chapter 161, Acts of the 75th
8-2 Legislature, Regular Session, 1997. Section 508.040, Government
8-3 Code, as set out in this Act, gives effect to those changes made by
8-4 Sections 5 and 6, Chapter 161, Acts of the 75th Legislature,
8-5 Regular Session, 1997.
8-6 (b) To the extent of any conflict, this Act prevails over
8-7 another Act of the 76th Legislature, Regular Session, 1999,
8-8 relating to nonsubstantive additions and corrections in enacted
8-9 codes.
8-10 SECTION 8. This Act takes effect September 1, 1999.
8-11 SECTION 9. The importance of this legislation and the
8-12 crowded condition of the calendars in both houses create an
8-13 emergency and an imperative public necessity that the
8-14 constitutional rule requiring bills to be read on three several
8-15 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 352 passed the Senate on
April 15, 1999, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 352 passed the House on
May 22, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor