1-1 AN ACT
1-2 relating to the continuation of the State Pension Review Board and
1-3 to functions performed by the board.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (b), Section 801.102, Government Code,
1-6 is amended to 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. Subsections (a) and (c), Section 801.1061,
1-11 Government Code, are 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, because of illness or disability,
1-22 discharge 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
1-25 (5) is absent from more than half of the regularly
2-1 scheduled board meetings that the member is eligible to attend
2-2 during a calendar year without an excuse approved [unless the
2-3 absence is excused] by a majority vote of the board.
2-4 (c) If the executive director has knowledge that a potential
2-5 ground for removal exists, the executive director shall notify the
2-6 presiding officer of the board of the potential ground. The
2-7 presiding officer shall then notify the governor and the attorney
2-8 general that a potential ground for removal exists. If the
2-9 potential ground for removal involves the presiding officer, the
2-10 executive director shall notify the next highest ranking officer of
2-11 the board, who shall then notify the governor and the attorney
2-12 general that a potential ground for removal exists.
2-13 SECTION 3. Subchapter B, Chapter 801, Government Code, is
2-14 amended by adding Section 801.1062 to read as follows:
2-15 Sec. 801.1062. TRAINING PROGRAM. (a) A person who is
2-16 appointed to and qualifies for office as a member of the board may
2-17 not vote, deliberate, or be counted as a member in attendance at a
2-18 meeting of the board until the person completes a training program
2-19 that complies with this section.
2-20 (b) The training program must provide the person with
2-21 information regarding:
2-22 (1) this chapter;
2-23 (2) the programs operated by the board;
2-24 (3) the role and functions of the board;
2-25 (4) the rules of the board, with an emphasis on the
2-26 rules that relate to disciplinary and investigatory authority;
3-1 (5) the current budget for the board;
3-2 (6) the results of the most recent formal audit of the
3-3 board;
3-4 (7) the requirements of:
3-5 (A) the open meetings law, Chapter 551;
3-6 (B) the public information law, Chapter 552;
3-7 (C) the administrative procedure law, Chapter
3-8 2001; and
3-9 (D) other laws relating to public officials,
3-10 including conflict of interest laws; and
3-11 (8) any applicable ethics policies adopted by the
3-12 board or the Texas Ethics Commission.
3-13 (c) A person appointed to the board is entitled to
3-14 reimbursement, as provided by the General Appropriations Act, for
3-15 the travel expenses incurred in attending the training program
3-16 regardless of whether the attendance at the program occurs before
3-17 or after the person qualifies for office.
3-18 SECTION 4. Section 801.107, Government Code, is amended to
3-19 read as follows:
3-20 Sec. 801.107. SUNSET PROVISION. The State Pension Review
3-21 Board is subject to Chapter 325 (Texas Sunset Act). Unless
3-22 continued in existence as provided by that chapter, the board is
3-23 abolished and this chapter expires September 1, 2013 [2001].
3-24 SECTION 5. Section 801.110, Government Code, is amended to
3-25 read as follows:
3-26 Sec. 801.110. PRESIDING OFFICERS. The governor [board]
4-1 shall designate a member of the board as the [select its] presiding
4-2 officer of the board to serve in that capacity at the will of the
4-3 governor [officers].
4-4 SECTION 6. Section 801.111, Government Code, is amended by
4-5 amending Subsection (c) and adding Subsection (e) to read as
4-6 follows:
4-7 (c) The board shall develop and implement policies that
4-8 clearly separate [define] the policy-making [respective]
4-9 responsibilities of the board and the management responsibilities
4-10 of the executive director and the staff of the board.
4-11 (e) The executive director or the executive director's
4-12 designee shall provide to board employees information and training
4-13 on the benefits and methods of participation in the state employee
4-14 incentive program.
4-15 SECTION 7. Section 801.1111, Government Code, is amended to
4-16 read as follows:
4-17 Sec. 801.1111. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
4-18 executive director or the executive director's designee shall
4-19 prepare and maintain a written policy statement that implements [to
4-20 assure implementation of] a program of equal employment opportunity
4-21 to ensure that [under which] all personnel decisions [transactions]
4-22 are made without regard to race, color, disability [handicap], sex,
4-23 religion, age, or national origin.
4-24 (b) The policy statement must include:
4-25 (1) personnel policies, including policies relating to
4-26 recruitment, evaluation, selection, [appointment,] training, and
5-1 promotion of personnel, that show the intent of the board 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 board'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 801.114, Government Code, is amended to
6-1 read as follows:
6-2 Sec. 801.114. QUALIFICATIONS AND STANDARDS OF CONDUCT. The
6-3 executive director or the executive director's designee [board]
6-4 shall provide to [its] members of the board and to board employees,
6-5 as often as necessary, information regarding the requirements
6-6 [their qualifications] for office or employment under this chapter,
6-7 including information regarding a person's [and their]
6-8 responsibilities under applicable laws relating to standards of
6-9 conduct for state officers or employees.
6-10 SECTION 9. Section 801.201, Government Code, is amended by
6-11 adding Subsection (c) to read as follows:
6-12 (c) The board by rule shall:
6-13 (1) adopt a brief standard form that will assist the
6-14 board in efficiently determining the actuarial soundness and
6-15 current financial condition of a public retirement system; and
6-16 (2) require that a retirement system submitting
6-17 information required for the review or study described under
6-18 Section 801.202(1) or (2) include the form with the submission.
6-19 SECTION 10. Subchapter C, Chapter 801, Government Code, is
6-20 amended by adding Section 801.207 to read as follows:
6-21 Sec. 801.207. COMPLAINTS. (a) The board shall maintain a
6-22 file on each written complaint filed with the board. The file must
6-23 include:
6-24 (1) the name of the person who filed the complaint;
6-25 (2) the date the complaint is received by the board;
6-26 (3) the subject matter of the complaint;
7-1 (4) the name of each person contacted in relation to
7-2 the complaint;
7-3 (5) a summary of the results of the review or
7-4 investigation of the complaint; and
7-5 (6) an explanation of the reason the file was closed,
7-6 if the board closed the file without taking action other than to
7-7 investigate the complaint.
7-8 (b) The board shall provide to the person filing the
7-9 complaint and to each person who is a subject of the complaint a
7-10 copy of the board's policies and procedures relating to complaint
7-11 investigation and resolution.
7-12 (c) The board, at least quarterly until final disposition of
7-13 the complaint, shall notify the person filing the complaint and
7-14 each person who is a subject of the complaint of the status of the
7-15 investigation unless the notice would jeopardize an undercover
7-16 investigation.
7-17 SECTION 11. (a) The designation of a presiding officer of
7-18 the State Pension Review Board under Section 801.110, Government
7-19 Code, as amended by this Act, applies only to the designation of a
7-20 presiding officer for a term of office that begins on or after the
7-21 effective date of this Act. The presiding officer who is serving
7-22 immediately before the effective date of this Act continues to
7-23 serve as presiding officer for the term for which the person was
7-24 selected.
7-25 (b) The changes in law made by this Act in the prohibitions
7-26 and qualifications applying to members of the State Pension Review
8-1 Board do not affect the entitlement of a member serving on the
8-2 board immediately before September 1, 2001, to continue to serve
8-3 and function as a member of the board for the remainder of the
8-4 member's term. The changes in law apply only to a member appointed
8-5 on or after September 1, 2001.
8-6 SECTION 12. This Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 302 passed the Senate on
March 29, 2001, by a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 302 passed the House on
April 17, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor