By Gallego H.B. No. 3445
77R9200 E
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to state employment practices.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 654.0125, Government Code, is amended by
1-5 adding Subsection (e) to read as follows:
1-6 (e) The classification officer shall review new exempt
1-7 positions created under Section 654.012(8)(A) and provide
1-8 recommendations on the appropriate position classification title
1-9 and salary group for these positions to the legislature during the
1-10 appropriations process.
1-11 SECTION 2. Subchapter C, Chapter 654, Government Code, is
1-12 amended by adding Section 654.0371 to read as follows:
1-13 Sec. 654.0371. REPORTING AND ANALYZING EMPLOYEE TURNOVER.
1-14 (a) The classification officer, in consultation with the
1-15 comptroller, shall develop guidelines and procedures that state
1-16 departments, agencies, and judicial entities specified in Section
1-17 654.011 shall use to gather and report information on the reasons
1-18 employees leave state employment.
1-19 (b) The classification officer shall periodically report
1-20 findings or recommendations on employee turnover to the Legislative
1-21 Audit Committee.
1-22 SECTION 3. Subchapter B, Chapter 659, Government Code, is
1-23 amended by adding Section 659.024 to read as follows:
1-24 Sec. 659.024. SHIFT DIFFERENTIAL. (a) A state agency may
2-1 pay a shift differential not to exceed 15 percent of the monthly
2-2 pay rate to an employee who works an evening shift or a night
2-3 shift.
2-4 (b) In addition to the shift differential authorized by
2-5 Subsection (a), a state agency may pay a weekend shift differential
2-6 not to exceed 5 percent of the monthly pay rate to an employee who
2-7 works on weekends.
2-8 (c) An agency electing to implement a shift differential
2-9 program shall develop policies governing payment of shift
2-10 differentials consistent with the requirements of this section,
2-11 which shall include defining evening shift, night shift, and
2-12 weekend shift and may include provisions for prorating shift
2-13 differential payments based on the number of evening, night, or
2-14 weekend shifts worked by an employee during a pay period.
2-15 SECTION 4. Section 659.254, Government Code, is amended to
2-16 read as follows:
2-17 Sec. 659.254. REALLOCATION OR RECLASSIFICATION OF A
2-18 CLASSIFIED POSITION [REALLOCATED OR RECLASSIFIED TO DIFFERENT
2-19 SALARY GROUP]. (a) This section applies only to positions
2-20 classified under the state's position classification plan.
2-21 (b) In this section:
2-22 (1) "higher salary group" means a salary group with a
2-23 higher minimum salary rate; [and]
2-24 (2) "lower salary group" means a salary group with a
2-25 lower minimum salary rate; and
2-26 (3) "same salary group" means a salary group with the
2-27 same minimum salary rate.
3-1 (c) Except as provided by Subsection (d), an [An] employee
3-2 whose classified position is reallocated by the General
3-3 Appropriations Act or reclassified under Chapter 654 to a higher
3-4 salary group will be paid at the minimum salary rate in the higher
3-5 salary group or at the salary rate the employee would have received
3-6 without the reallocation or reclassification, whichever rate is
3-7 higher.
3-8 (d) To [, except:]
3-9 [(1) to] maintain desirable salary relationships among
3-10 employees in the affected positions, the salary of an employee
3-11 whose classified position is reallocated by the General
3-12 Appropriations Act or reclassified under Chapter 654 to a higher
3-13 salary group may be adjusted up to [not more than]:
3-14 (1) the same step number in the new salary group as
3-15 the step number held by the employee before the reallocation or
3-16 reclassification [(A) two steps higher], if the employee's salary
3-17 group is divided into steps by the General Appropriations Act; or
3-18 (2) [(B)] a percentage above the minimum salary rate
3-19 in the new salary group equivalent to the corresponding percentage
3-20 of the salary rate held by the employee before the reallocation or
3-21 reclassification [6.8 percent higher], if the employee's salary
3-22 group is not divided into steps by the General Appropriations Act
3-23 [; and]
3-24 [(2) the employee may not advance to a step number in
3-25 the new salary group higher than the step number rate held before
3-26 the reallocation or reclassification, if the employee's salary
3-27 group is divided into steps by the General Appropriations Act].
4-1 (e) [(d)] An employee whose classified position is
4-2 reallocated by the General Appropriations Act or reclassified under
4-3 Chapter 654 to a lower salary group will be paid at the salary rate
4-4 that the employee would have received had the position not been
4-5 reallocated or reclassified, not to exceed the maximum rate of the
4-6 lower salary group.
4-7 (f) To maintain desirable salary relationships among
4-8 employees in the affected positions, an employee whose classified
4-9 position is reclassified to another position in the same salary
4-10 group may be paid at any rate within the salary group range. Salary
4-11 increases resulting from these actions shall count against the
4-12 maximum amount a state agency spends for adjustments to salary
4-13 rates of, merit salary increases in, and promotions to classified
4-14 positions during a fiscal year under Section 659.261.
4-15 SECTION 5. Section 659.255(e), Government Code, is amended to
4-16 read as follows:
4-17 (e) For an employee to be eligible for a merit salary
4-18 increase or a one-time merit payment, the following additional
4-19 criteria must be met:
4-20 (1) the employee must have been employed by the state
4-21 agency for at least six continuous months prior to the award of the
4-22 increase or payment;
4-23 (2) at least six months must have elapsed since the
4-24 employee's last promotion, [enhanced compensation award authorized
4-25 by the General Appropriations Act,] one-time merit payment, or
4-26 merit salary increase at the agency; and
4-27 (3) agency criteria for granting merit salary
5-1 increases or one-time merit payments must include specific criteria
5-2 and documentation to substantiate the granting of a merit increase
5-3 or one-time merit payment.
5-4 SECTION 6. Section 659.260, Government Code, is amended to
5-5 read as follows:
5-6 Sec. 659.260. TEMPORARY ASSIGNMENT. (a) [This section
5-7 applies only to an employee whose permanent position is classified
5-8 under the state's position classification plan.]
5-9 [(b)] To facilitate a state agency's work during an
5-10 emergency or other special circumstance, an employee may:
5-11 (1) be temporarily assigned to other duties for a
5-12 period not to exceed six months; and
5-13 (2) receive during the period of reassignment the
5-14 appropriate rate of pay for the temporary position if the temporary
5-15 position is classified in a salary group with a higher minimum
5-16 salary rate.
5-17 (b) [(c)] An employee may not be assigned temporary duties
5-18 under this section for more than six months during a twelve-month
5-19 period.
5-20 (c) [(d)] An employee temporarily designated to act as the
5-21 administrative head of a state agency may continue to receive a
5-22 salary for a classified position in an amount not to exceed the
5-23 amount established by the General Appropriations Act for the
5-24 administrative head of the agency.
5-25 (d) [(e)] While the employee is temporarily assigned under
5-26 this section, the state agency may not:
5-27 (1) award a merit salary increase to the employee;
6-1 (2) promote or demote the employee; or
6-2 (3) reduce the employee's salary.
6-3 SECTION 7. Section 659.261, Government Code, is amended to
6-4 read as follows:
6-5 Sec. 659.261. SALARY CAP. (a) The maximum amount a state
6-6 agency spends for salary adjustments authorized by Section 659.262
6-7 and for merit salary increases in and promotions to classified
6-8 positions during a fiscal year may not exceed, without the written
6-9 approval of the budget division of the governor's office and the
6-10 Legislative Budget Board, the amount computed by multiplying the
6-11 total amount spent by the agency in the preceding fiscal year for
6-12 classified salaries times the percentage set by the General
6-13 Appropriations Act for purposes of this computation.
6-14 (b) The maximum amount that may be spent for salary
6-15 adjustments authorized by Section 659.262 and for merit salary
6-16 increases in and promotions to classified positions shall be
6-17 computed separately for each year of the state fiscal biennium.
6-18 Salary adjustments authorized by Section 659.262, merit [Merit]
6-19 salary increases and promotions awarded in the first fiscal year of
6-20 a biennium do not count against the maximum amount that may be
6-21 spent for those increases in the second fiscal year of that
6-22 biennium.
6-23 (c) Money spent to pay a salary increase for an employee who
6-24 is promoted to a classified position title counts against the
6-25 limitation prescribed by this section only if, as a result of the
6-26 promotion, the number of agency employees in that position title
6-27 exceeds the maximum number of agency employees who have been in
7-1 that position title at any time during the preceding six-month
7-2 period.
7-3 (d) A request to exceed the limitation prescribed by this
7-4 section must be submitted by the governing body of the agency, or
7-5 by the head of the agency if the agency is not governed by a
7-6 multimember governing body, and must include at least:
7-7 (1) the date on which the governing body or the head
7-8 of the agency approved the request;
7-9 (2) a statement justifying the need to exceed the
7-10 limitation; and
7-11 (3) the source of funds to be used to pay the salary
7-12 increases.
7-13 (e) The comptroller shall prescribe accounting and reporting
7-14 procedures necessary to ensure that the amount spent for salary
7-15 adjustments authorized by Section 659.262 and for merit salary
7-16 increases and promotions does not exceed the limitations
7-17 established by this section.
7-18 SECTION 8. Subchapter K, Chapter 659, Government Code, is
7-19 amended by adding Section 659.262 to read as follows:
7-20 Sec. 659.262. SALARY ADJUSTMENTS. A state agency may adjust
7-21 an employee's salary, within the employee's current salary group,
7-22 in accordance with significant changes in the job market or in
7-23 order to maintain equitable internal salary relationships.
7-24 SECTION 9. Section 661.152(e), Government Code, is amended to
7-25 read as follows:
7-26 (e) An employee accrues vacation leave at the applicable
7-27 rate beginning on the first day of state employment and ending on
8-1 the last day upon which the employee actually performs duties
8-2 associated with the employee's position [of state employment]. An
8-3 employee accrues and is entitled to be credited for one month's
8-4 vacation leave for each month of employment with the state
8-5 beginning on the first day of employment with the state and on the
8-6 first calendar day of each succeeding month of state employment. An
8-7 employee who is employed by the state during any part of a calendar
8-8 month accrues vacation leave entitlement for the entire calendar
8-9 month.
8-10 SECTION 10. Sections 661.202(b) and (j), Government Code, are
8-11 amended to read as follows:
8-12 (b) An employee accrues sick leave beginning on the first
8-13 day of state employment and ending on the last day upon which the
8-14 employee actually performs duties associated with the employee's
8-15 position [of state employment]. An employee is entitled to be
8-16 credited for one month's accrual of sick leave at the rate
8-17 specified by Subsection (c) for each month of employment with the
8-18 state beginning on the first day of employment with the state and
8-19 on the first calendar day of each succeeding month of state
8-20 employment.
8-21 (j) A state agency shall prepare [file] a written statement
8-22 [with the state auditor] covering the policies and procedures for
8-23 an extension of leave under Subsection (i) and shall make the
8-24 statement available to all agency employees.
8-25 SECTION 11. Section 661.206(b), Government Code, is amended
8-26 to read as follows:
8-27 (b) An employee may use up to eight hours of sick leave each
9-1 fiscal [calendar] year to attend parent-teacher conference sessions
9-2 for the employee's children.
9-3 SECTION 12. Section 751.012, Government Code, is amended to
9-4 read as follows:
9-5 Sec. 751.012. INTERAGENCY CONTRACTS. (a) The office may
9-6 enter into interagency contracts with other state agencies to
9-7 locate staff of the other state agency in Washington, D.C., to work
9-8 under the supervision of the director and shall coordinate
9-9 activities conducted on behalf of the other agency with those of
9-10 the office.
9-11 (b) The office shall enter into a contract described by
9-12 Subsection (a) with the Legislative Budget Board.
9-13 (c) A contract under this section must include provisions
9-14 under which staff of the other state agency:
9-15 (1) report directly to that agency's administrative
9-16 head or the presiding officer of that agency's governing body;
9-17 (2) have an officially recognized role in that
9-18 agency's budget planning process; and
9-19 (3) provide periodic updates of activities at meetings
9-20 of that agency's governing body[; and]
9-21 [(4) receive a salary established under Subsection
9-22 (d)].
9-23 (d) [The state auditor shall establish a salary schedule for
9-24 state employees subject to a contract under this section. The
9-25 schedule shall:]
9-26 [(1) be based on specifications for expertise and
9-27 experience in state-federal relations; and]
10-1 [(2) include a standard cost-of-living adjustment to
10-2 compensate an employee for the cost of living in Washington, D.C.]
10-3 [(e)] A state agency identified by the Legislative Budget
10-4 Board as receiving significant federal funding or significantly
10-5 affected by federal policy decisions, other than a state agency
10-6 that is headed by a statewide-elected official, shall:
10-7 (1) develop a plan of state-federal coordination;
10-8 (2) study the benefits of entering a contract under
10-9 Subsection (a); and
10-10 (3) submit the coordination plan and study to the
10-11 office and to the Legislative Budget Board.
10-12 (e) [(f)] The Health and Human Services Commission shall
10-13 satisfy the requirements of Subsection (d) [(e)] for all health and
10-14 human services agencies listed in Section 531.001, Government Code
10-15 [Section 19, Article 4413(502), Revised Statutes].
10-16 SECTION 13. Section 813.506, Government Code, is amended to
10-17 read as follows:
10-18 Sec. 813.506. CUSTODIAL OFFICER SERVICE. (a) The Texas
10-19 Department of Criminal Justice, the managed health care unit of The
10-20 University of Texas Medical Branch, and the Texas Tech University
10-21 Health Sciences Center by rule shall adopt standards for
10-22 determining eligibility for service credit as a custodial officer,
10-23 based on the need to encourage early retirement of persons whose
10-24 duties are hazardous and require them to have routine contact with
10-25 inmates of or defendants confined in the state jail division of the
10-26 Texas Department of Criminal Justice on a regular basis.
10-27 (b) To be creditable as custodial officer service, service
11-1 performed must be performed as a parole officer or caseworker or
11-2 must meet the requirements of the rules adopted under Subsection
11-3 (a) and be performed by persons in one of the following job
11-4 categories:
11-5 (1) all persons classified as Correctional Officer I
11-6 through warden, including training officers and special operations
11-7 reaction team officers;
11-8 (2) all other employees assigned to work on a unit and
11-9 whose jobs require routine contact with inmates or defendants
11-10 confined in the state jail division, including but not limited to
11-11 farm managers, livestock supervisors, maintenance foremen, shop
11-12 foremen, medical assistants, food service supervisors, stewards,
11-13 education consultants, commodity specialists, and correctional
11-14 counselors;
11-15 (3) employees assigned to administrative offices whose
11-16 jobs require routine contact with inmates or defendants confined in
11-17 the state jail division at least 50 percent of the time, including
11-18 but not limited to investigators, compliance monitors, accountants
11-19 routinely required to audit unit operations, sociologists,
11-20 interviewers, classification officers, and supervising counselors;
11-21 and
11-22 (4) administrative positions whose jobs require
11-23 response to emergency situations involving inmates or defendants
11-24 confined in the state jail division, including but except as
11-25 specified not limited to the director, deputy directors, assistant
11-26 directors, and not more than 25 administrative duty officers.
11-27 (c) The Texas Department of Criminal Justice, the managed
12-1 health care unit of The University of Texas Medical Branch or the
12-2 Texas Tech University Health Sciences Center, or the Board of
12-3 Pardons and Paroles, as applicable, shall determine a person's
12-4 eligibility to receive credit as a custodial officer. A
12-5 determination of the department, unit, or board may not be appealed
12-6 by an employee but is subject to change by the retirement system.
12-7 [(d) As part of the audit of the Texas Department of
12-8 Criminal Justice by the state auditor in accordance with Chapter
12-9 321, the state auditor may verify the accuracy of reports submitted
12-10 to the retirement system under this section. The state auditor
12-11 shall review biennially the standards adopted by the department
12-12 under Subsection (a).]
12-13 SECTION 14. Section 2052.103(a), Government Code, is amended
12-14 to read as follows:
12-15 (a) Not later than the last day of the first month following
12-16 each quarter of the fiscal year, a state agency shall file with the
12-17 state auditor a written report that provides for that fiscal
12-18 quarter:
12-19 (1) the number of full-time equivalent state employees
12-20 employed by the agency and paid from appropriated funds [in the
12-21 state treasury];
12-22 (2) the number of full-time equivalent state employees
12-23 employed by the agency and paid from funds other than appropriated
12-24 funds [outside of the state treasury];
12-25 (3) the increase or decrease, if any, of the number of
12-26 full-time equivalent employees from the fiscal quarter preceding
12-27 the quarter covered by the report;
13-1 (4) the number of positions of the agency paid from
13-2 appropriated funds [in the state treasury];
13-3 (5) the number of positions of the agency paid from
13-4 funds other than appropriated funds [outside of the state
13-5 treasury];
13-6 (6) the number of individuals who performed services
13-7 for the agency under a contract, including consultants and
13-8 individuals employed under contracts with temporary help services;
13-9 and
13-10 (7) the number of managers, supervisors, and staff.
13-11 SECTION 15. Chapter 2056.002(b), Government Code, is amended
13-12 to read as follows:
13-13 (b) The Legislative Budget Board and the Governor's Office
13-14 of Budget and Planning shall determine the elements required to be
13-15 included in each agency's strategic plan. Unless modified by the
13-16 Legislative Budget Board and the Governor's Office of Budget and
13-17 Planning, and except as provided by Subsection (c), a plan must
13-18 include:
13-19 (1) a statement of the mission and goals of the state
13-20 agency;
13-21 (2) a description of the indicators developed under
13-22 this chapter and used to measure the output and outcome of the
13-23 agency;
13-24 (3) identification of the groups of people served by
13-25 the agency, including those having service priorities, or other
13-26 service measures established by law, and estimates of changes in
13-27 those groups expected during the term of the plan;
14-1 (4) an analysis of the use of the agency's resources
14-2 to meet the agency's needs, including future needs, and an estimate
14-3 of additional resources that may be necessary to meet future needs;
14-4 (5) an analysis of expected changes in the services
14-5 provided by the agency because of changes in state or federal law;
14-6 (6) a description of the means and strategies for
14-7 meeting the agency's needs, including future needs, and achieving
14-8 the goals established under Section 2056.006 for each area of state
14-9 government for which the agency provides services;
14-10 (7) a description of the capital improvement needs of
14-11 the agency during the term of the plan and a statement, if
14-12 appropriate, of the priority of those needs;
14-13 (8) identification of each geographic region of this
14-14 state, including the Texas-Louisiana border region and the
14-15 Texas-Mexico border region, served by the agency, and if
14-16 appropriate the agency's means and strategies for serving each
14-17 region; [and]
14-18 (9) an assessment of the agency's future workforce
14-19 needs and a description of strategies to ensure that the future
14-20 workforce needs of the agency are met. The agency shall provide
14-21 workforce planning information according to criteria and guidelines
14-22 developed by the state classification officer and shall include
14-23 information on workforce trends, skill availability in the labor
14-24 market, historical and projected turnover due to retirement and
14-25 other reasons, recruitment and staff development needs, and other
14-26 factors identified by the state classification officer; and
14-27 (10) other information that may be required.
15-1 SECTION 16. Section 2113.204(a), Government Code, is amended
15-2 to read as follows:
15-3 (a) Except as otherwise authorized by the General
15-4 Appropriations Act, a state agency may use appropriated money to
15-5 pay the reasonable and necessary expenses incurred in moving the
15-6 household property only for a state employee who:
15-7 (1) is being reassigned from one designated
15-8 headquarters to another designated headquarters of that agency, if
15-9 the agency determines that the best interests of the state will be
15-10 served by the reassignment and the distance between the current and
15-11 future designated headquarters is at least 25 miles; [or]
15-12 (2) is employed at a facility that is being closed or
15-13 is undergoing a reduction in force, if the employee accepts a
15-14 position with the agency at another designated headquarters that is
15-15 at least 25 miles from the facility being closed or undergoing a
15-16 reduction in force; or
15-17 (3) is a newly hired employee who has been hired in a
15-18 classified or exempt position identified as critical by the
15-19 administrative head of a state agency.
15-20 SECTION 17. Section 21.010, Labor Code, is amended to read as
15-21 follows:
15-22 Sec. 21.010. EMPLOYMENT DISCRIMINATION TRAINING FOR STATE
15-23 EMPLOYEES. (a) Each state agency shall provide to employees of the
15-24 agency an employment discrimination training program that complies
15-25 with this section.
15-26 (b) The training program must provide the employee with
15-27 information regarding the agency's policies and procedures relating
16-1 to employment discrimination, including employment discrimination
16-2 involving sexual harassment.
16-3 (c) Each employee of a state agency shall attend the
16-4 training program required by this section not later than the 60th
16-5 [30th] day after the date the employee is hired by the agency and
16-6 shall attend supplemental training every two years.
16-7 (d) The commission shall develop materials for use by state
16-8 agencies in providing employment discrimination training as
16-9 required by this section.
16-10 (e) Each state agency shall require an employee of the
16-11 agency who attends a training program required by this section to
16-12 sign a statement verifying the employee's attendance at the
16-13 training program. The agency shall file the statement in the
16-14 employee's personnel file.
16-15 SECTION 18. Section 501.044, Labor Code, is amended to read
16-16 as follows:
16-17 Sec. 501.044. EFFECT OF SICK LEAVE; VACATION [ANNUAL] LEAVE;
16-18 OVERTIME; COMPENSATORY TIME. [(a)] An employee may elect to use
16-19 all or any amount of accrued sick leave, vacation leave, overtime,
16-20 or compensatory time before receiving income benefits. If an
16-21 employee makes this election [elects to use sick leave], the
16-22 employee is not entitled to income benefits under this chapter
16-23 until the total amount of sick leave, vacation leave, overtime, and
16-24 compensatory time designated by the employee has been exhausted
16-25 [the employee's accrued sick leave.]
16-26 [(b) An employee may elect to use all or any number of weeks
16-27 of accrued annual leave after the employee's accrued sick leave is
17-1 exhausted. If an employee elects to use annual leave, the employee
17-2 is not entitled to income benefits under this chapter until the
17-3 elected number of weeks of leave have been exhausted].
17-4 SECTION 19. This Act takes effect September 1, 2001.