1-1 By: Zaffirini S.B. No. 302
1-2 (In the Senate - Filed February 7, 2001; February 8, 2001,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 26, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0; March 26, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 302 By: Shapleigh
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the continuation of the State Pension Review Board and
1-11 to functions performed by the board.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (b), Section 801.102, Government Code,
1-14 is amended to read as follows:
1-15 (b) Appointments to the board shall be made without regard
1-16 to the race, color, disability [handicap], sex, religion, age, or
1-17 national origin of the appointees.
1-18 SECTION 2. Subsections (a) and (c), Sections 801.1061,
1-19 Government Code, are amended to read as follows:
1-20 (a) It is a ground for removal from the board that [if] a
1-21 member:
1-22 (1) does not have at the time of taking office
1-23 [appointment] the qualifications required by Section 801.103 or
1-24 801.104;
1-25 (2) does not maintain during service on the board the
1-26 qualifications required by Section 801.103 or 801.104;
1-27 (3) is ineligible for membership under [violates a
1-28 prohibition established by] Section 801.1021;
1-29 (4) cannot, because of illness or disability,
1-30 discharge the member's duties for a substantial part of the
1-31 member's term [for which the member is appointed because of illness
1-32 or disability]; or
1-33 (5) is absent from more than half of the regularly
1-34 scheduled board meetings that the member is eligible to attend
1-35 during a calendar year without an excuse approved [unless the
1-36 absence is excused] by a majority vote of the board.
1-37 (c) If the executive director has knowledge that a potential
1-38 ground for removal exists, the executive director shall notify the
1-39 presiding officer of the board of the potential ground. The
1-40 presiding officer shall then notify the governor and the attorney
1-41 general that a potential ground for removal exists. If the
1-42 potential ground for removal involves the presiding officer, the
1-43 executive director shall notify the next highest ranking officer of
1-44 the board, who shall then notify the governor and the attorney
1-45 general that a potential ground for removal exists.
1-46 SECTION 3. Subchapter B, Chapter 801, Government Code, is
1-47 amended by adding Section 801.1062 to read as follows:
1-48 Sec. 801.1062. TRAINING PROGRAM. (a) A person who is
1-49 appointed to and qualifies for office as a member of the board may
1-50 not vote, deliberate, or be counted as a member in attendance at a
1-51 meeting of the board until the person completes a training program
1-52 that complies with this section.
1-53 (b) The training program must provide the person with
1-54 information regarding:
1-55 (1) this chapter;
1-56 (2) the programs operated by the board;
1-57 (3) the role and functions of the board;
1-58 (4) the rules of the board, with an emphasis on the
1-59 rules that relate to disciplinary and investigatory authority;
1-60 (5) the current budget for the board;
1-61 (6) the results of the most recent formal audit of the
1-62 board;
1-63 (7) the requirements of:
1-64 (A) the open meetings law, Chapter 551;
2-1 (B) the public information law, Chapter 552;
2-2 (C) the administrative procedure law, Chapter
2-3 2001; and
2-4 (D) other laws relating to public officials,
2-5 including conflict of interest laws; and
2-6 (8) any applicable ethics policies adopted by the
2-7 board or the Texas Ethics Commission.
2-8 (c) A person appointed to the board is entitled to
2-9 reimbursement, as provided by the General Appropriations Act, for
2-10 the travel expenses incurred in attending the training program
2-11 regardless of whether the attendance at the program occurs before
2-12 or after the person qualifies for office.
2-13 SECTION 4. Section 801.107, Government Code, is amended to
2-14 read as follows:
2-15 Sec. 801.107. SUNSET PROVISION. The State Pension Review
2-16 Board is subject to Chapter 325 (Texas Sunset Act). Unless
2-17 continued in existence as provided by that chapter, the board is
2-18 abolished and this chapter expires September 1, 2013 [2001].
2-19 SECTION 5. Section 801.110, Government Code, is amended to
2-20 read as follows:
2-21 Sec. 801.110. PRESIDING OFFICERS. The governor [board]
2-22 shall designate a member of the board as the [select its] presiding
2-23 officer of the board to serve in that capacity at the will of the
2-24 governor [officers].
2-25 SECTION 6. Section 801.111, Government Code, is amended by
2-26 amending Subsection (c) and adding Subsection (e) to read as
2-27 follows:
2-28 (c) The board shall develop and implement policies that
2-29 clearly separate [define] the policy-making [respective]
2-30 responsibilities of the board and the management responsibilities
2-31 of the executive director and the staff of the board.
2-32 (e) The executive director or the executive director's
2-33 designee shall provide to board employees information and training
2-34 on the benefits and methods of participation in the state employee
2-35 incentive program.
2-36 SECTION 7. Section 801.1111, Government Code, is amended to
2-37 read as follows:
2-38 Sec. 801.1111. EQUAL EMPLOYMENT OPPORTUNITY. (a) The
2-39 executive director or the executive director's designee shall
2-40 prepare and maintain a written policy statement that implements [to
2-41 assure implementation of] a program of equal employment opportunity
2-42 to ensure that [under which] all personnel decisions [transactions]
2-43 are made without regard to race, color, disability [handicap], sex,
2-44 religion, age, or national origin.
2-45 (b) The policy statement must include:
2-46 (1) personnel policies, including policies relating to
2-47 recruitment, evaluation, selection, [appointment,] training, and
2-48 promotion of personnel, that show the intent of the board to avoid
2-49 the unlawful employment practices described by Chapter 21, Labor
2-50 Code; and
2-51 (2) an [a comprehensive] analysis of the extent to
2-52 which the composition of the board's personnel is in accordance
2-53 with state and [board work force that meets] federal law and a
2-54 description of [and state guidelines;]
2-55 [(3) procedures by which a determination can be made
2-56 of significant underutilization in the board work force of all
2-57 persons for whom federal or state guidelines encourage a more
2-58 equitable balance; and]
2-59 [(4)] reasonable methods to achieve compliance with
2-60 state and federal law [appropriately address those areas of
2-61 significant underutilization].
2-62 (c) [(b)] A policy statement [prepared under Subsection (a)]
2-63 must:
2-64 (1) [cover an annual period,] be updated [at least]
2-65 annually;
2-66 (2) be reviewed by the state Commission on Human
2-67 Rights for compliance with Subsection (b)(1);[,] and
2-68 (3) be filed with the governor's office.
2-69 (d) [(c)] The governor's office shall deliver a biennial
3-1 report to the legislature based on the information received under
3-2 Subsection (c) [(b)]. The report may be made separately or as a
3-3 part of other biennial reports made to the legislature.
3-4 SECTION 8. Section 801.114, Government Code, is amended to
3-5 read as follows:
3-6 Sec. 801.114. QUALIFICATIONS AND STANDARDS OF CONDUCT. The
3-7 executive director or the executive director's designee [board]
3-8 shall provide to [its] members of the board and to board employees,
3-9 as often as necessary, information regarding the requirements
3-10 [their qualifications] for office or employment under this chapter,
3-11 including information regarding a person's [and their]
3-12 responsibilities under applicable laws relating to standards of
3-13 conduct for state officers or employees.
3-14 SECTION 9. Section 801.201, Government Code, is amended by
3-15 adding Subsection (c) to read as follows:
3-16 (c) The board by rule shall:
3-17 (1) adopt a brief standard form that will assist the
3-18 board in efficiently determining the actuarial soundness and
3-19 current financial condition of a public retirement system; and
3-20 (2) require that a retirement system submitting
3-21 information required for the review or study described under
3-22 Section 801.202(1) or (2) include the form with the submission.
3-23 SECTION 10. Subchapter C, Chapter 801, Government Code, is
3-24 amended by adding Section 801.207 to read as follows:
3-25 Sec. 801.207. COMPLAINTS. (a) The board shall maintain a
3-26 file on each written complaint filed with the board. The file must
3-27 include:
3-28 (1) the name of the person who filed the complaint;
3-29 (2) the date the complaint is received by the board;
3-30 (3) the subject matter of the complaint;
3-31 (4) the name of each person contacted in relation to
3-32 the complaint;
3-33 (5) a summary of the results of the review or
3-34 investigation of the complaint; and
3-35 (6) an explanation of the reason the file was closed,
3-36 if the board closed the file without taking action other than to
3-37 investigate the complaint.
3-38 (b) The board shall provide to the person filing the
3-39 complaint and to each person who is a subject of the complaint a
3-40 copy of the board's policies and procedures relating to complaint
3-41 investigation and resolution.
3-42 (c) The board, at least quarterly until final disposition of
3-43 the complaint, shall notify the person filing the complaint and
3-44 each person who is a subject of the complaint of the status of the
3-45 investigation unless the notice would jeopardize an undercover
3-46 investigation.
3-47 SECTION 11. (a) The designation of a presiding officer of
3-48 the State Pension Review Board under Section 801.110, Government
3-49 Code, as amended by this Act, applies only to the designation of a
3-50 presiding officer for a term of office that begins on or after the
3-51 effective date of this Act. The presiding officer who is serving
3-52 immediately before the effective date of this Act continues to
3-53 serve as presiding officer for the term for which the person was
3-54 selected.
3-55 (b) The changes in law made by this Act in the prohibitions
3-56 and qualifications applying to members of the State Pension Review
3-57 Board do not affect the entitlement of a member serving on the
3-58 board immediately before September 1, 2001, to continue to serve
3-59 and function as a member of the board for the remainder of the
3-60 member's term. The changes in law apply only to a member appointed
3-61 on or after September 1, 2001.
3-62 SECTION 12. This Act takes effect September 1, 2001.
3-63 * * * * *