78R9190 KEG-D
By: Swinford H.B. No. 1318
A BILL TO BE ENTITLED
AN ACT
relating to workforce planning requirements for state agencies and
the compensation, accountability, and employment of certain state
employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter K, Chapter 659, Government Code, is
amended by adding Section 659.262 to read as follows:
Sec. 659.262. ADDITIONAL COMPENSATION FOR CERTAIN
CLASSIFIED STATE EMPLOYEES. (a) In this section, "state agency"
means an agency of any branch of state government that employs
individuals who are classified under Chapter 654.
(b) To enhance the recruitment of competent personnel for
certain classified employee positions, a state agency may provide
to a state employee, at the time of the employee's hiring for a
classified position, additional compensation in the form of a
one-time recruitment payment not to exceed $5,000. If the employee
discontinues employment with the state agency for any reason less
than three months after the date of receiving the recruitment
payment, the employee shall refund to the state agency the full
amount of the recruitment payment. If the employee discontinues
employment with the state agency for any reason three months or
longer but less than 12 months after the date of receiving the
recruitment payment, the employee shall refund to the state agency
an amount computed by:
(1) subtracting from 12 months the number of complete
calendar months the employee worked after the date of receiving the
recruitment payment;
(2) dividing the number of months computed under
Subdivision (1) by 12 months; and
(3) multiplying the fraction computed under
Subdivision (2) by the amount of the recruitment payment.
(c) To enhance the retention of employees who are employed
in certain classified positions that are identified by the chief
administrator of a state agency as essential for the state agency's
operations, a state agency may enter into a deferred compensation
contract with a classified employee to provide to the employee a
one-time additional compensation payment not to exceed $5,000 to be
added to the employee's salary payment the month after the
conclusion of the 12-month period of service under the deferred
compensation contract.
(d) To be eligible to enter into a contract for deferred
compensation under Subsection (c), a state employee must have
already completed at least 12 months of service in a classified
position.
(e) The chief administrator of a state agency shall
determine whether additional compensation is necessary under this
section on a case-by-case basis, considering:
(1) the criticality of the employee position in the
operations of the state agency;
(2) evidence of high turnover rates among employees
filling the position or an extended period during which the
position is or has in the past been vacant;
(3) evidence of a shortage of employees qualified to
fill the position or a shortage of qualified applicants; and
(4) other relevant factors.
(f) Before an agency provides or enters into a contract to
provide additional compensation to an employee under this section,
the chief administrator of the state agency must certify to the
comptroller in writing the reasons why the additional compensation
is necessary.
(g) Additional compensation paid to an employee under this
section is specifically exempted from any limitation on salary or
salary increases prescribed by this chapter.
SECTION 2. Section 2056.0021, Government Code, is amended
to read as follows:
Sec. 2056.0021. WORKFORCE PLANNING. (a) As part of the
strategic plan required under Section 2056.002, a state agency
shall conduct a strategic staffing analysis and develop a workforce
plan, according to guidelines developed by the state auditor, to
address critical staffing and training needs of the agency,
including the need for experienced employees to impart knowledge to
their potential successors.
(b) A workforce plan required by this section must include:
(1) the training and education rules adopted by the
state agency under Section 656.048; and
(2) a detailed list of the state agency's managerial
training requirements, including the minimum hourly requirements
for annual or biennial managerial training.
(c) The state auditor shall analyze the workforce plans
submitted by state agencies in accordance with this section and use
information gathered from the analysis to:
(1) identify state agencies that would benefit from
workforce planning assistance; and
(2) provide targeted evaluative and corrective
information to the identified state agencies to help the agencies:
(A) identify their core competencies and match
staff knowledge, skills, and abilities with those competencies;
(B) decide whether to maintain or develop the
ability to perform a function or contract with another entity to
perform the function;
(C) use information technology capabilities to
record and organize the knowledge and job skills of current and
retiring employees; and
(D) use recruiting, training, and rewarding
programs to obtain qualified employees, improve agency management
and employee productivity, and provide reward incentives for
capable employees.
(d) In addition to providing targeted information under
Subsection (c), the state auditor shall, on request, provide
training and technical assistance to any state agency to help the
agency develop and improve a workforce plan required by this
section.
SECTION 3. Subtitle B, Title 6, Government Code, is amended
by adding Chapter 670 to read as follows:
CHAPTER 670. MANAGEMENT PERFORMANCE PROGRAM
Sec. 670.001. DEFINITION. In this chapter, "state agency"
means an agency in the executive branch of state government.
Sec. 670.002. UPPER MANAGEMENT PERFORMANCE
AGREEMENTS. (a) The governing body of a state agency shall
develop and enter into agreements with employees of the agency who
serve in upper management positions, including the chief executive
or chief administrator of the agency.
(b) An agreement under this section shall:
(1) communicate to the upper management employee the
agency's overall organizational goals and specific strategic aims;
(2) identify the specific performance measures and
targets applicable to the unique programs for which the upper
management employee is responsible; and
(3) explain the procedures that will be used by the
agency to hold the upper management employee accountable for
performance under the agreement, including annual performance
review procedures.
SECTION 4. Effective September 1, 2003, Section 651.004,
Government Code, is amended by adding Subsections (c-1) and (d) to
read as follows:
(c-1) A state agency in the executive branch of state
government that employs more than 100 full-time equivalent
employees may not, after August 31, 2004, employ more than one
full-time equivalent employee in a management position for every
eight full-time equivalent employees that the agency employs in
nonmanagerial staff positions. This subsection expires September
1, 2005.
(d) A state agency that believes that the minimum
management-to-staff ratios required by this section are
inappropriate for that agency may appeal to the governor. The
governor's decision regarding management-to-staff ratios is final.
The governor by rule shall adopt appeal procedures.
SECTION 5. Effective September 1, 2004, Section 651.004,
Government Code, is amended by adding Subsection (c-2) to read as
follows:
(c-2) A state agency in the executive branch of state
government that employs more than 100 full-time equivalent
employees may not, after August 31, 2005, employ more than one
full-time equivalent employee in a management position for every
nine full-time equivalent employees that the agency employs in
nonmanagerial staff positions. This subsection expires September
1, 2006.
SECTION 6. Effective September 1, 2005, Section 651.004,
Government Code, is amended by adding Subsection (c-3) to read as
follows:
(c-3) A state agency in the executive branch of state
government that employs more than 100 full-time equivalent
employees may not, after August 31, 2006, employ more than one
full-time equivalent employee in a management position for every 10
full-time equivalent employees that the agency employs in
nonmanagerial staff positions. This subsection expires September
1, 2007.
SECTION 7. (a) Effective September 1, 2006, Section
651.004, Government Code, is amended by adding Subsection (c) to
read as follows:
(c) A state agency in the executive branch of state
government that employs more than 100 full-time equivalent
employees may not employ more than one full-time equivalent
employee in a management position for every 11 full-time equivalent
employees that the agency employs in nonmanagerial staff positions.
(b) A state agency in the executive branch of government
shall achieve the management-to-staff ratio required by Section
651.004(c), Government Code, as added by this section, not later
than August 31, 2007.
SECTION 8. Section 656.048(b), Government Code, is
repealed.
SECTION 9. Except as otherwise provided by this Act, this
Act takes effect September 1, 2003.