By McCall, Tillery, Bosse, Chisum, Gallego H.B. No. 1503
77R1067 GJH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation of the State Pension Review Board, to
1-3 functions performed by the board, and to the funding of the board.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 801.102(b), Government Code, is amended to
1-6 read as follows:
1-7 (b) Appointments to the board shall be made without regard
1-8 to the race, color, disability [handicap], sex, religion, age, or
1-9 national origin of the appointees.
1-10 SECTION 2. Sections 801.1061(a) and (c), Government Code, are
1-11 amended to read as follows:
1-12 (a) It is a ground for removal from the board that [if] a
1-13 member:
1-14 (1) does not have at the time of taking office
1-15 [appointment] the qualifications required by Section 801.103 or
1-16 801.104;
1-17 (2) does not maintain during service on the board the
1-18 qualifications required by Section 801.103 or 801.104;
1-19 (3) is ineligible for membership under [violates a
1-20 prohibition established by] Section 801.1021;
1-21 (4) cannot discharge, because of illness or
1-22 disability, the member's duties for a substantial part of the
1-23 member's term [for which the member is appointed because of illness
1-24 or disability]; or
2-1 (5) is absent from more than half of the regularly
2-2 scheduled board meetings that the member is eligible to attend
2-3 during a calendar year without an excuse approved [unless the
2-4 absence is excused] by a majority vote of the board.
2-5 (c) If the executive director has knowledge that a potential
2-6 ground for removal exists, the executive director shall notify the
2-7 presiding officer of the board of the potential ground. The
2-8 presiding officer shall then notify the governor and the attorney
2-9 general that a potential ground for removal exists. If the
2-10 potential ground for removal involves the presiding officer, the
2-11 executive director shall notify the next highest ranking officer of
2-12 the board, who shall then notify the governor and the attorney
2-13 general that a potential ground for removal exists.
2-14 SECTION 3. Subchapter B, Chapter 801, Government Code, is
2-15 amended by adding Section 801.1062 to read as follows:
2-16 Sec. 801.1062. TRAINING PROGRAM. (a) A person who is
2-17 appointed to and qualifies for office as a member of the board may
2-18 not vote, deliberate, or be counted as a member in attendance at a
2-19 meeting of the board until the person completes a training program
2-20 that complies with this section.
2-21 (b) The training program must provide the person with
2-22 information regarding:
2-23 (1) this chapter;
2-24 (2) the programs operated by the agency;
2-25 (3) the role and functions of the agency;
2-26 (4) the rules of the agency with an emphasis on the
2-27 rules that relate to disciplinary and investigatory authority;
3-1 (5) the current budget for the agency;
3-2 (6) the results of the most recent formal audit of the
3-3 agency;
3-4 (7) the requirements of:
3-5 (A) the open meetings law, Chapter 551,
3-6 Government Code;
3-7 (B) the public information law, Chapter 552,
3-8 Government Code;
3-9 (C) the administrative procedure law, Chapter
3-10 2001, Government Code; and
3-11 (D) other laws relating to public officials,
3-12 including conflict-of-interest laws; and
3-13 (8) any applicable ethics policies adopted by the
3-14 agency or the Texas Ethics Commission.
3-15 (c) A person appointed to the board is entitled to
3-16 reimbursement, as provided by the General Appropriations Act, for
3-17 the travel expenses incurred in attending the training program
3-18 regardless of whether the attendance at the program occurs before
3-19 or after the person qualifies for office.
3-20 SECTION 4. Section 801.107, Government Code, is amended to
3-21 read as follows:
3-22 Sec. 801.107. SUNSET PROVISION. The State Pension Review
3-23 Board is subject to Chapter 325 (Texas Sunset Act). Unless
3-24 continued in existence as provided by that chapter, the board is
3-25 abolished and this chapter expires September 1, 2013 [2001].
3-26 SECTION 5. Section 801.110, Government Code, is amended to
3-27 read as follows:
4-1 Sec. 801.110. PRESIDING OFFICERS. The governor [board] shall
4-2 designate a member of the board as the [select its] presiding
4-3 officer of the board to serve in that capacity at the will of the
4-4 governor [officers].
4-5 SECTION 6. Section 801.111, Government Code, is amended by
4-6 amending Subsection (c) and by adding Subsection (e) to read as
4-7 follows:
4-8 (c) The board shall develop and implement policies that
4-9 clearly separate [define] the policymaking [respective]
4-10 responsibilities of the board and the management responsibilities
4-11 of the executive director and the staff of the board.
4-12 (e) The executive director or the executive director's
4-13 designee shall provide to board employees information and training
4-14 on the benefits and methods of participation in the state employee
4-15 incentive program.
4-16 SECTION 7. Section 801.1111, Government Code, is amended to
4-17 read as follows:
4-18 Sec. 801.1111. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
4-19 executive director or the executive director's designee shall
4-20 prepare and maintain a written policy statement that implements [to
4-21 assure implementation of] a program of equal employment opportunity
4-22 to ensure that [under which] all personnel decisions [transactions]
4-23 are made without regard to race, color, disability [handicap], sex,
4-24 religion, age, or national origin.
4-25 (b) The policy statement must include:
4-26 (1) personnel policies, including policies relating to
4-27 recruitment, evaluation, selection, [appointment,] training, and
5-1 promotion of personnel, that show the intent of the agency to avoid
5-2 the unlawful employment practices described by Chapter 21, Labor
5-3 Code; and
5-4 (2) an [a comprehensive] analysis of the extent to
5-5 which the composition of the agency's personnel is in accordance
5-6 with state and [board work force that meets] federal law and a
5-7 description of [and state guidelines;]
5-8 [(3) procedures by which a determination can be made
5-9 of significant underutilization in the board work force of all
5-10 persons for whom federal or state guidelines encourage a more
5-11 equitable balance; and]
5-12 [(4)] reasonable methods to achieve compliance with
5-13 state and federal law [appropriately address those areas of
5-14 significant underutilization].
5-15 (c) [(b)] A policy statement [prepared under Subsection (a)]
5-16 must:
5-17 (1) [cover an annual period,] be updated [at least]
5-18 annually;
5-19 (2) be reviewed by the state Commission on Human
5-20 Rights for compliance with Subsection (b)(1); [,] and
5-21 (3) be filed with the governor's office.
5-22 (d) [(c)] The governor's office shall deliver a biennial
5-23 report to the legislature based on the information received under
5-24 Subsection (c) [(b)]. The report may be made separately or as a
5-25 part of other biennial reports made to the legislature.
5-26 SECTION 8. Section 801.113, Government Code, is amended to
5-27 read as follows:
6-1 Sec. 801.113. FUND. (a) The State Pension Review Board fund
6-2 is [created] in the state treasury. Money in the fund may be
6-3 appropriated only to assist in paying staff salaries, operating and
6-4 actuarial expenses of the board, and for [such] activities [as]
6-5 defined by Subsection (c) [(e) of this section].
6-6 (b) [In this section:]
6-7 [(1) "Active member" means a person who is on the
6-8 payroll of an employing entity included in the coverage of a public
6-9 retirement system and who receives credit in the retirement system
6-10 for service performed in the position for which the person is paid.]
6-11 [(2) "Annuitant" means a person who receives periodic
6-12 payments from a public retirement system that are based on service
6-13 that was credited in the retirement system to a person who was an
6-14 active member.]
6-15 [(c)] The governing board of any public retirement system
6-16 may not [vote to] make a [an annual] contribution to the State
6-17 Pension Review Board [not to exceed 50 cents for each active member
6-18 and annuitant of the retirement system as of September 1 of the
6-19 year for which the contribution is made. The contribution is
6-20 payable in a lump sum].
6-21 (c) [(d) Each public retirement system shall certify to the
6-22 board and to the comptroller of public accounts the amount of the
6-23 annual contribution to be made under Subsection (c) of this
6-24 section. The comptroller by rule may prescribe the form and
6-25 content of certifications. The comptroller shall deposit
6-26 remittances received under this subsection in the State Pension
6-27 Review Board fund.]
7-1 [(e)] The board is authorized to conduct training sessions,
7-2 schools, or other educational activities for trustees and
7-3 administrators of public retirement systems. The board may also
7-4 furnish other appropriate services such as actuarial studies or
7-5 other requirements of systems and may establish appropriate fees
7-6 for these activities and services. [The fees may be based on
7-7 whether or not the trustees, administrators, or systems contribute
7-8 to the State Pension Review Board fund under Subsection (c) of this
7-9 section.] The net proceeds of these fees shall be deposited in the
7-10 fund.
7-11 (d) [(f)] Under the provisions of Section [Sections 403.094
7-12 and] 403.095, the dedication of the State Pension Review Board fund
7-13 is reenacted, and the fund is established as a special account
7-14 within the state treasury dedicated for the purposes defined by
7-15 Subsections (a) and (c) [(e)].
7-16 SECTION 9. Section 801.114, Government Code, is amended to
7-17 read as follows:
7-18 Sec. 801.114. QUALIFICATIONS AND STANDARDS OF CONDUCT. The
7-19 executive director or the executive director's designee [board]
7-20 shall provide to [its] members of the board and to agency
7-21 employees, as often as necessary, information regarding the
7-22 requirements [their qualifications] for office or employment under
7-23 this chapter, including information regarding a person's [and
7-24 their] responsibilities under applicable laws relating to standards
7-25 of conduct for state officers or employees.
7-26 SECTION 10. Section 801.201, Government Code, is amended by
7-27 adding Subsection (c) to read as follows:
8-1 (c) The board by rule shall:
8-2 (1) adopt a brief standard form that will assist the
8-3 board in efficiently determining the actuarial soundness and
8-4 current financial condition of a public retirement system; and
8-5 (2) require that a retirement system submitting
8-6 information required for the review or study described under
8-7 Section 801.202(1) or (2) include the form with the submission.
8-8 SECTION 11. Subchapter C, Chapter 801, Government Code, is
8-9 amended by adding Section 801.207 to read as follows:
8-10 Sec. 801.207. COMPLAINTS. (a) The agency shall maintain a
8-11 file on each written complaint filed with the agency. The file
8-12 must include:
8-13 (1) the name of the person who filed the complaint;
8-14 (2) the date the complaint is received by the agency;
8-15 (3) the subject matter of the complaint;
8-16 (4) the name of each person contacted in relation to
8-17 the complaint;
8-18 (5) a summary of the results of the review or
8-19 investigation of the complaint; and
8-20 (6) an explanation of the reason the file was closed,
8-21 if the agency closed the file without taking action other than to
8-22 investigate the complaint.
8-23 (b) The agency shall provide to the person filing the
8-24 complaint and to each person who is a subject of the complaint a
8-25 copy of the agency's policies and procedures relating to complaint
8-26 investigation and resolution.
8-27 (c) The agency, at least quarterly until final disposition
9-1 of the complaint, shall notify the person filing the complaint and
9-2 each person who is a subject of the complaint of the status of the
9-3 investigation unless the notice would jeopardize an undercover
9-4 investigation.
9-5 SECTION 12. The designation of a presiding officer of the
9-6 board under Section 801.110, Government Code, as amended by this
9-7 Act, applies only to the designation of a presiding officer for a
9-8 term of office that begins on or after the effective date of this
9-9 Act. The presiding officer who is serving immediately before the
9-10 effective date of this Act continues to serve as presiding officer
9-11 for the term for which the person was selected.
9-12 SECTION 13. This Act takes effect September 1, 2001.
9-13 COMMITTEE AMENDMENT NO. 1
9-14 Amend H.B. 1503 as follows:
9-15 (1) Beginning on page 5, line 26, strike SECTION 8 of the
9-16 bill.
9-17 (2) Renumber subsequent SECTIONS of the bill appropriately.
9-18 77R8789 GJH-D Telford