C.S.H.B. 2933 78(R)    BILL ANALYSIS


C.S.H.B. 2933
By: Flores
Government Reform
Committee Report (Substituted)



BACKGROUND AND PURPOSE 
Currently,  the Texas Commission on Human Rights (TCHR) is a state agency
which was established 20 years ago to combat discrimination in Texas.  The
commission is made up of six commissioners appointed by the governor and
approved by the senate.   

There are many problems surrounding this agency that should be of major
concern to the State. Numerous complaints have been lodged by former and
current Hispanic employees of TCHR alleging that they were denied
advancement within the agency, while less-qualified and lessproductive
Anglo co-workers were undeservedly promoted.  The TCHR has failed to
comply with Senate Bill 382, which requires the TCHR to review tests
administered by local fire departments. There is a great concern over the
failure of the TCHR to translate its complaint form into Spanish and
provide a telephone system with options in Spanish.  Additionally, there
are substantial revenues that could be earned and that are being lost due
to incompetent and poor management.  Finally, TCHR is in violation of
state statute that stipulates that there should be one manager to every
seven employees.  Currently, there is one manager to every three and a
half employees at TCHR.  This is wasting approximately $747,284 per year
for the State of Texas.  It is due to this gross mismanagement of the TCHR
that the complete dismantling and discontinuation of the TCHR be
recommended and that a new division be established in the Office of the
Attorney General.  

C.S.H.B. 2933 would abolish the TCHR and transfer the functions of the
TCHR to the Office of the Attorney General (OAG). 


RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any
rulemaking authority to a state officer, department, agency, or
institution. 

  
ANALYSIS
C.S.H.B. 2933 amends the Labor, Property, and Government codes to
establish provisions relating to the abolition of the TCHR and the
transfer of its functions to a Civil Rights Division (division) within the
OAG. 

The bill transfers the powers and duties exercised by the TCHR to the
division (Sec. 21.0015, Labor Code and Sec. 301.0015, Property Code).  The
bill provides that the division is an independent division (Sec. 402.102,
Government Code). 

The bill states that the division is governed by a commission consisting
of seven members appointed by the Governor.  The bill provides that one
member must represent industry, one member must represent labor, and five
members must represent the public.  The bill states that TCHR is the state
authority established as a fair employment practice agency and is
authorized, with respect to an unlawful employment practice, to grant
relief from the practice, seek relief from the practice, or institute
criminal proceedings (Sec. 402.103, Government Code). 

The bill provides that the director must be appointed by the commission to
administer the powers and duties of the division (Sec. 402.104, Government
Code).  The bill states that an employee of the new division serving as an
investigator may not conduct an investigation until the employee has
completed a training and education program meeting certain requirements as
detailed by this bill (Sec. 402.105, Government Code). 
 
The bill provides that the division must collect and report statewide
information relating to employment and housing discrimination complaints
as detailed and required by this bill.  The bill states that the division
must also collect and analyze, each state fiscal year, information
regarding employment and housing discrimination complaints filed with the
division, the Equal Employment Opportunity Commission, the United States
Department of Housing and Urban Development, and local commissions in
Texas.  The bill includes certain criteria that the information must
include (Sec. 402.106, Government Code). 


EFFECTIVE DATE
This Act takes effect September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE
C.S.H.B. 2933 creates an independent division under the OAG to prevent
potential conflicts of interest with other divisions and to guarantee the
independence of this civil rights division.  The substitute establishes
the makeup of the commission under the OAG, explains how the commissioners
shall be appointed, and lists the duties of the commission.  C.S.H.B. 2933
explains the appointment and requirements for the division director of the
division. 

The substitute sets procedures and requirements for the investigators'
training and education programs under the division.  The bill also sets
the criteria for the analysis of the discrimination complaint report. 
  
CSHB 2933 repeals Chapter 416 of the Government Code, Section 21.002(2)
and (3) of the Labor Code, and Sections 301.003 (3), 301.061, and 301.064
of the Property Code.  The substitute abolishes the TCHR and creates a
separate division under the OAG.  The substitute transfers all
responsibilities, powers, rules, procedures, current investigations and
business, obligations, property, and funds to the division under the OAG. 

The substitute sets the date of November 1, 2003, as the deadline for the
Governor's appointment of the new members to the commission and sets the
member's terms.