SRC-JLB, VRA C.S.H.B. 3441 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 3441
78R17829 JMM-FBy: Pickett (Staples)
Finance
5/24/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Due to the current budget shortfall,  state agencies and institutions of
higher education were asked to prioritize spending based on core functions
and essential services.  Legislators looked to these priorities in
preparation of the budget; however, certain statutory changes are also
needed to conform with appropriations levels in the 2004-05 General
Appropriations Act.  C.S.H.B. 3441 authorizes several statutory changes
for the general government agencies listed under Article I of the 2004-05
General Appropriations Act.   
   
RULEMAKING AUTHORITY

Provides that a rule, form, order, or procedure adopted by the Commission
on Human Rights is a rule, form, order, or procedure of the attorney
general's civil rights division and remains in effect until changed by the
attorney general in SECTION 13 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 21, Labor Code, by adding Section
21.0015, as follows: 
 
Sec. 21.0015.  ATTORNEY GENERAL'S CIVIL RIGHTS DIVISION.  Provides that
the powers and duties exercised by the Commission on Human Rights under
this chapter are transferred to the attorney general's civil rights
division.  Provides that a reference in this chapter to the "commission"
means the attorney general's civil rights division. 
 
SECTION 2.  Amends Subchapter A, Chapter 301, Property Code, by adding
Section 301.0015, as follows: 
 
Sec. 301.0015.  ATTORNEY GENERAL'S CIVIL RIGHTS DIVISION.  Provides that
the powers and duties exercised by the Commission on Human Rights under
this chapter are transferred to the attorney general's civil rights
division.  Provides that a reference in this chapter to the "commission"
means the attorney general's civil rights division. 
 
SECTION 3.  Amends Chapter 402, Government Code, by adding Subchapter D,
as follows: 

SUBCHAPTER D.  CIVIL RIGHTS DIVISION

Sec. 402.101.  DEFINITIONS.  Defines "commission," "director," and
"division." 

Sec. 402.102.  GENERAL PROVISIONS.  (a) Provides that the division is an
independent division in the attorney general's office.  Requires the
division to be responsible for administering Chapter 21, Labor Code, and
Chapter 301, Property Code, including exercising the powers and duties
formerly exercised by the former Commission on Human Rights under those
laws. 
 
(b)  Provides that a reference in Chapter 21, Labor Code, Chapter 301,
Property Code, or any other law to the former Commission on Human Rights
means the division. 
 
 Sec. 402.103.  COMMISSION.  (a)  Provides that the division is governed
by a commission consisting of seven certain members. 
 
(b)  Requires the members of the commission established under this section
to be appointed by the governor.  Provides that in making appointments to
the commission, the governor must strive to achieve representation on the
commission that is diverse with respect to disability, religion, age,
economic status, sex, race, and ethnicity. 
 
(c)  Requires the governor to appoint the public members of the commission
from a list of names of individuals suggested by civil rights
organizations and groups. 
 
(d)  Provides that the term of office of each commissioner is six years.
Requires the governor to designate one commissioner to serve as presiding
officer. 
 
(e)  Provides that a commissioner is entitled to reimbursement of actual
and necessary expenses incurred in the performance of official duties. 
 
(f)  Requires the commission to establish policies for the division and
supervise the director in administering the activities of the division. 
 
(g)  Provides that the commission is the state authority established as a
fair employment practice agency and is authorized, with respect to an
unlawful employment practice, to perform certain tasks. 
  
Sec. 402.104.  DIRECTOR.  (a)  Requires the director to be appointed by
the commission to administer the powers and duties of the division. 
 
(b)  Requires the director, to be eligible for appointment, to have
relevant experience in the area of civil rights, specifically in working
to prevent the types of discrimination the division is charged with
preventing.  Requires the director to demonstrate a commitment to equal
opportunity for minorities, women, and the disabled.  Provides that the
director  should also have relevant experience with housing and employment
discrimination claims. 
 
Sec. 402.105.  INVESTIGATOR TRAINING PROGRAM;  PROCEDURES MANUAL. (a)
Prohibits a person who is employed under this chapter by the division as
an investigator from conducting an investigation until the person
completes a comprehensive training and education program for investigators
that complies with this section. 
 
  (b)  Requires the training program to provide the person with certain
information. 
  
(c)  Requires each investigator to annually complete a continuing
education program designed to provide investigators with the most recent
information available regarding the issues described by Subsection (b),
including legislative and judicial changes in the law. 
 
(d)  Requires the director to develop and biennially update an
investigation procedures manual.  Requires the manual to include
investigation procedures and information and authorizes it to include
information regarding the Equal Employment Opportunity Commission and the
United States Department of Housing and Urban Development. 
 
Sec. 402.106.  ANALYSIS OF DISCRIMINATION COMPLAINTS;  REPORT.  (a)
Requires the division to collect and report statewide information relating
to employment and housing discrimination complaints as required by this
section. 
 
(b)  Requires the division, each state fiscal year, to collect and analyze
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 this state.  Requires the information to include certain
data. 
 
(c)  Requires the results of an analysis required under this section to be
included in the attorney general's annual report to the governor and
legislature. 

SECTION 4.  Amends Section 412.016(b), Government Code, to authorize the
attorney general, if the legislature does not appropriate money to the
crime victims' institute, to determine whether the institute must perform
the duties prescribed by this chapter. 
 
SECTION 5.  Amends the heading for Section 443.0101, Government Code, to
read as follows: 
 
 Sec. 443.0101.  CAPITOL TRUST FUND; CAPITOL ACCOUNT.
 
SECTION 6.  Amends Section 443.0101(a), Government Code, to require money
and securities donated to the State Preservation Board (SPB) and income
from the capitol gift shops, cafeteria, and visitors parking garage as
authorized by this chapter to be held in the Capitol trust fund outside
the treasury to be held by the comptroller as trustee on behalf of the
people of the state. Requires funds other than donated funds and income
from the capitol gift shops, cafeteria, and visitors parking garage as
authorized by this chapter to be deposited in the general revenue fund in
an account, rather than a special fund, to be known as the Capitol
account, rather than fund. Requires the comptroller to manage and invest
the account, rather than fund, on behalf of the SPB, and all interest,
dividends, and other income of the account to be credited to the account. 
 
SECTION 7.  Amends Section 443.0103, Government Code, as follows:
 
Sec. 443.0103.  New heading:  CAPITAL RENEWAL ACCOUNT.  (a)  Provides that
the capital renewal account, rather than trust fund, is created as a
dedicated account in the general revenue fund.  Authorizes money in the
account to be used only to maintain and preserve the Capitol, the General
Land Office Building, their contents, and their grounds. Replaces "fund"
with "account."  Makes conforming changes. 
 
  (c) and (d)  Makes conforming changes.

Deletes Subsection (b), authorizing money in the fund to be used only for
the purpose of maintaining and preserving the Capitol, the General Land
Office Building, their contents, and their grounds. 
 
SECTION 8.  Amends Section 2108.037(b), Government Code, to require the
affected agency, except as otherwise provided by this subsection, to
retain the amount of the actual or projected savings or increased revenues
attributable to an implemented suggestion, to the extent that the savings
comes from funds appropriated to the affected agency.  Authorizes a
portion of the savings or revenues to be transferred to the Texas
Incentive and Productivity Commission (TIPC) as specified in the General
Appropriations Act (GAA) for use by TIPC for operational expenses. 

SECTION 9.  Amends Section 2165.056(a), Government Code, to authorize
TIPC, at the request of the Texas Department of Transportation or Texas
Department of Criminal Justice, and requires TIPC, for all other agencies,
to exercise the powers and duties given to TIPC by this subchapter and
Subchapters A, D, E, and F, on or with respect to any property owned or
leased by the state. 

SECTION 10.  Amends Subchapter B, Chapter 2165, Government Code, by adding
Section 2165.057, as follows: 

Sec.  2165.057.  ANNUAL REPORT.  Requires TIPC, not later than September 1
of each year, to perform certain acts. 

SECTION 11.  Amends Section 2165.104, Government Code, by amending
Subsection (c) and  adding Subsection (c-1), as follows: 

(c)  Provides that this subsection does not apply to an agency site at
which TIPC determines that it is not practical to apply this subsection
because of the type of space or use of space at that site.  Deletes text
regarding critical public or client services and text regarding certain
agencies requiring to allocate certain space to achieve a required ratio. 

(c-1)  Authorizes TIPC , for good cause and when critical to the public
interest or client services, to grant to an agency a waiver of the
requirements under Subsection (c).   

SECTION 12.  Amends Sections 2.014(c) and (d), Family Code, as follows:
 
(c)  Authorizes, rather than requires, the premarital education handbook
under Subsection (b)(1) to be distributed to each applicant for a marriage
license as provided by Section 2.009(c)(5).  
 
(d)  Authorizes, rather than requires, the attorney general to appoint an
advisory committee to assist in the development of the premarital
education handbook.  Requires the advisory committee, if appointed, to
consist of nine members, including at least three members who are eligible
under Section 2.013(d) to provide a premarital education course.  
 
SECTION 13.  Provides that on September 1, 2003:
  
(1)  the Commission on Human Rights as it exists immediately before that
date is abolished and the offices of the members of the commission serving
on that date are abolished; 
  
(2)  all powers, duties, functions, and activities performed by the
Commission on Human Rights immediately before that date are transferred to
the attorney general's civil rights division; 
  
(3)  a rule, form, order, or procedure adopted by the Commission on Human
Rights is a rule, form, order, or procedure of the attorney general's
civil rights division and remains in effect until changed by the attorney
general; 
  
(4)  a reference in law to the Commission on Human Rights means the
attorney general's civil rights division; 
  
  (5)  a complaint, investigation, or other proceeding pending before the 
Commission on Human Rights under Chapter 21, Labor Code, Chapter 301,
Property Code, or any other law is transferred without change in status to
the attorney general's civil rights division; 
  
(6)  all obligations, rights, and contracts of the Commission on Human
Rights are transferred to the attorney general's civil rights division;
and 
  
(7)  all property, including records and money, in the custody of the
Commission on Human Rights and all funds appropriated by the legislature
for the Commission on Human Rights, including federal funds, must be
transferred to the attorney general's civil rights division. 
 
SECTION 14.  Requires the governor, not later than November 1, 2003, to
appoint new members to the Commission on Human Rights established under
Subchapter D, Chapter 402, Government Code, as added by this Act.
Requires the governor, in appointing members under this section, to
appoint certain members for specified terms. 
 
SECTION 15.  (a)  Requires the first report required under Section
2165.057, Government Code, as added by this Act, to be provided to the
appropriate recipients specified under that section not  later than
September 1, 2004. 

(b)  Provides that the change in law made by this Act to Chapter 2165,
Government Code, applies only to a lease for usable office space entered
into or renewed on or after September 1, 2003.  Requires a lease entered
into or renewed before September 1, 2003, to be reviewed by TBPC as the
lease comes up for renewal to determine whether it would be cost-effective
to bring the lease into compliance with Section 2165.104(c), Government
Code, as amended by this Act. 

(c)  Authorizes TxDOT, notwithstanding any other law, including Subchapter
A, Chapter 2254, and Chapters 2165, 2166, and 2167, Government Code, and
Sections 202.052, 202.053, 203.051, 203.052, and 223.001, Transportation
Code, to enter into one or more agreements with a private entity offering
the best value to the state that includes certain factors. 

(d)  Provides that to the extent of any conflict between Chapter 2165,
Government Code, as amended by this Act, and a change in law to that
chapter by any other Act of the 78th Legislature, Regular Session, 2003,
this Act prevails. 

SECTION 16.  (a)  Provides that notwithstanding any statute of this state,
each state agency that receives an appropriation under Article I of GAA is
authorized to reduce or recover expenditures by adopting and collecting
fees or charges to cover any cost the agency incurs in performing its
lawful functions. 

(b)  Prohibits an agency described by Subsection (a) of this section from
increasing the amount of a fee or charge solely for a purpose described by
this section unless the agency provides written notice of the increase to
the Legislative Budget Board before the 60th day preceding the date the
increase is to take effect.  

SECTION 17.  Repealer:  Sections 251.032 (Forms), 254.036(j) (Form of
Report; Affidavit; Mailing of Forms), and 258.005 (Forms), Election Code;
Chapter 461 (Commission on Human Rights), Government Code;  Sections
572.030(b) and (c) (Preparation and Mailing of Forms), Government Code;
Sections 21.002(2) and (3) (Definitions: "Commission" and "Commissioner"),
Labor Code;  and  Sections 301.003(3) (Definitions: "Commission"), 301.061
(Commission on Human Rights), and 301.064 (Delegation of Authority),
Property Code. 

SECTION 18.  Effective date:  upon passage or September 1, 2003, except as
provided by Subsection (b) of this section. 

 (b)  Provides that Sections 6 and 7 of this Act take effect September 1,
2003.