H.B. No. 3441
AN ACT
relating to a reduction in expenditures of certain state
governmental entities, including changes affecting the Commission
on Human Rights, attorney general's office, management of certain
accounts and funds, and certain election-related forms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 21, Labor Code, is amended
by adding Section 21.0015 to read as follows:
Sec. 21.0015. TEXAS WORKFORCE COMMISSION CIVIL RIGHTS
DIVISION. The powers and duties exercised by the Commission on
Human Rights under this chapter are transferred to the Texas
Workforce Commission civil rights division. A reference in this
chapter to the "commission" means the Texas Workforce Commission
civil rights division.
SECTION 2. Chapter 301, Labor Code, is amended by adding
Subchapter I to read as follows:
SUBCHAPTER I. CIVIL RIGHTS DIVISION
Sec. 301.151. DEFINITIONS. In this subchapter:
(1) "Director" means the director of the division.
(2) "Division" means the civil rights division of the
commission.
(3) "Human rights commission" means the Commission on
Human Rights established by this subchapter.
Sec. 301.152. GENERAL PROVISIONS. (a) The division is an
independent division in the commission. The division shall be
responsible for administering Chapter 21 of this 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) A reference in Chapter 21 of this code, Chapter 301,
Property Code, or any other law to the former Commission on Human
Rights means the division.
Sec. 301.153. HUMAN RIGHTS COMMISSION. (a) The division is
governed by the human rights commission, which consists of seven
members as follows:
(1) one member who represents industry;
(2) one member who represents labor; and
(3) five members who represent the public.
(b) The members of the human rights commission established
under this section shall be appointed by the governor. In making
appointments to the human rights commission, the governor shall
strive to achieve representation on the human rights commission
that is diverse with respect to disability, religion, age, economic
status, sex, race, and ethnicity.
(c) The term of office of each commissioner is six years.
The governor shall designate one commissioner to serve as presiding
officer.
(d) A commissioner is entitled to reimbursement of actual
and necessary expenses incurred in the performance of official
duties.
(e) The human rights commission shall establish policies
for the division and supervise the director in administering the
activities of the division.
(f) The human rights commission is the state authority
established as a fair employment practice agency and is authorized,
with respect to an unlawful employment practice, to:
(1) grant relief from the practice;
(2) seek relief from the practice; or
(3) institute criminal proceedings.
Sec. 301.154. DIRECTOR. (a) The director shall be
appointed by the human rights commission to administer the powers
and duties of the division.
(b) To be eligible for appointment, the director must have
relevant experience in the area of civil rights, specifically in
working to prevent the types of discrimination the division is
charged with preventing. The director must demonstrate a
commitment to equal opportunity for minorities, women, and the
disabled. The director should also have relevant experience with
housing and employment discrimination claims.
Sec. 301.155. INVESTIGATOR TRAINING PROGRAM; PROCEDURES
MANUAL. (a) A person who is employed under this chapter by the
division as an investigator may not conduct an investigation until
the person completes a comprehensive training and education program
for investigators that complies with this section.
(b) The training program must provide the person with
information regarding:
(1) the requirements relating to employment adopted
under the Americans with Disabilities Act (42 U.S.C. Section 12101
et seq.) and its subsequent amendments, with a special emphasis on
requirements regarding reasonable accommodations;
(2) various types of disabilities and accommodations
appropriate in an employment setting for each type of disability;
and
(3) fair employment and housing practices.
(c) Each investigator shall 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) The director shall develop and biennially update an
investigation procedures manual. The manual must include
investigation procedures and information and may include
information regarding the Equal Employment Opportunity Commission
and the United States Department of Housing and Urban Development.
Sec. 301.156. ANALYSIS OF DISCRIMINATION COMPLAINTS;
REPORT. (a) The division shall collect and report statewide
information relating to employment and housing discrimination
complaints as required by this section.
(b) Each state fiscal year, the division shall 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.
The information must include:
(1) an analysis of employment complaints filed by the
basis of the complaint, including:
(A) sex, race, color, age, disability, national
origin, religion, and genetic information; and
(B) retaliatory actions against the complainant;
(2) an analysis of housing complaints filed by the
basis of the complaint, including sex, race, color, disability,
national origin, religion, and familial status;
(3) an analysis of employment complaints filed by
issue, including discharge, terms and conditions, sexual
harassment, promotion, hiring, demotion, and layoff;
(4) an analysis of housing complaints filed by issue,
including terms and conditions, refusal to rent or sell,
discriminatory financing or advertising, and false representation;
(5) an analysis of employment and housing cases closed
by the reason the case was closed, including findings or
determinations of cause or no cause, successful conciliation, right
to sue issued, complaint withdrawn after resolution, no-fault
settlement, failure to cooperate by the complainant, and lack of
jurisdiction; and
(6) the average processing time for complaints
resolved by the division in each state fiscal year, regardless of
whether the complaint was filed in the same fiscal year in which the
complaint was resolved.
(c) The results of an analysis required under this section
shall be included in the commission's annual report to the governor
and legislature.
SECTION 3. Subchapter A, Chapter 301, Property Code, is
amended by adding Section 301.0015 to read as follows:
Sec. 301.0015. TEXAS WORKFORCE COMMISSION CIVIL RIGHTS
DIVISION. The powers and duties exercised by the Commission on
Human Rights under this chapter are transferred to the Texas
Workforce Commission civil rights division. A reference in this
chapter to the "commission" means the Texas Workforce Commission
civil rights division.
SECTION 4. Chapter 412, Government Code, is transferred to
Subchapter D, Chapter 96, Education Code, redesignated as Sections
96.65, 96.651, and 96.652, and amended to read as follows:
[CHAPTER 412. CRIME VICTIMS' INSTITUTE AND CRIME VICTIMS'
INSTITUTE ADVISORY COUNCIL
[SUBCHAPTER A. GENERAL PROVISIONS]
Sec. 96.65 [412.001]. CRIME VICTIMS' INSTITUTE
[DEFINITIONS]. (a) In this section [chapter]:
(1) ["Advisory council" means the Crime Victims'
Institute Advisory Council.
[(2)] "Close relative of a deceased victim" has the
meaning assigned by Article 56.01, Code of Criminal Procedure.
(2) [(3)] "Guardian of a victim" has the meaning
assigned by Article 56.01, Code of Criminal Procedure.
(3) [(4)] "Institute" means the Crime Victims'
Institute.
(4) [(5) "Service provider" means an individual or
organization that provides assistance to victims, close relatives
of deceased victims, or guardians of victims.
[(6)] "Victim" has the meaning assigned by Article
56.01, Code of Criminal Procedure.
(b) [Sec. 412.002. LEGISLATIVE INTENT.] It is the intent
of the legislature to create an institute to:
(1) compile and study information concerning the
impact of crime on:
(A) victims;
(B) close relatives of deceased victims;
(C) guardians of victims; and
(D) society;
(2) use information compiled by the institute to
evaluate the effectiveness of criminal justice policy and juvenile
justice policy in preventing the victimization of society by crime;
(3) develop policies to assist the criminal justice
system and the juvenile justice system in preventing the
victimization of society by crime; and
(4) provide information related to the studies of the
institute.
(c) [SUBCHAPTER B. CRIME VICTIMS' INSTITUTE
[Sec. 412.011. GENERAL PROVISION.] The headquarters of the
institute are at Sam Houston State University in Huntsville, Texas.
The institute is under the supervision and direction of the
president of Sam Houston State University [Crime Victims' Institute
is created in the office of the attorney general].
(d) [Sec. 412.012. DUTIES OF INSTITUTE.] The institute
shall:
(1) conduct an in-depth analysis of the impact of
crime on:
(A) victims;
(B) close relatives of deceased victims;
(C) guardians of victims; and
(D) society;
(2) evaluate the effectiveness of and deficiencies in
the criminal justice system and the juvenile justice system in
addressing the needs of victims, close relatives of deceased
victims, and guardians of victims and recommend strategies to
address the deficiencies of each system;
(3) determine the long-range needs of victims, close
relatives of deceased victims, and guardians of victims as the
needs relate to the criminal justice system and the juvenile
justice system and recommend changes for each system;
(4) assess the cost-effectiveness of existing
policies and programs in the criminal justice system and the
juvenile justice system relating to victims, close relatives of
deceased victims, and guardians of victims;
(5) make general recommendations for improving the
service delivery systems for victims in the State of Texas;
(6) advise and assist the legislature in developing
plans, programs, and legislation for improving the effectiveness of
the criminal justice system and juvenile justice system in
addressing the needs of victims, close relatives of deceased
victims, and guardians of victims;
(7) make computations of daily costs and compare
interagency costs on victims' services provided by agencies that
are a part of the criminal justice system and the juvenile justice
system;
(8) determine the costs to attorneys representing the
state of performing statutory and constitutional duties relating to
victims, close relatives of deceased victims, or guardians of
victims;
(9) make statistical computations for use in planning
for the long-range needs of the criminal justice system and the
juvenile justice system as those needs relate to victims, close
relatives of deceased victims, and guardians of victims;
(10) determine the long-range information needs of the
criminal justice system and the juvenile justice system as those
needs relate to victims, close relatives of deceased victims, and
guardians of victims;
(11) enter into a memorandum of understanding with the
Texas Crime Victim Clearinghouse to provide training and education
related to the outcome of research and duties as conducted under
Subdivisions (1)-(10);
(12) issue periodic reports to the attorney general
and the legislature on the progress toward accomplishing the duties
of the institute; and
(13) engage in other research activities consistent
with the duties of the institute.
(e) [Sec. 412.013. INTERAGENCY COOPERATION. (a)] The
institute shall cooperate with the Criminal Justice Policy Council
in performing the duties of the institute.
(f) [(b)] The institute may enter into memoranda of
understanding with state agencies in performing the duties of the
institute.
(g) [(c)] Local law enforcement agencies shall cooperate
with the institute by providing to the institute access to
information that is necessary for the performance of the duties of
the institute.
(h) [Sec. 412.014. PERSONNEL.] The president of Sam
Houston State University [attorney general] may employ personnel as
necessary to perform the duties of the institute.
(i) [Sec. 412.015. CONTRACTUAL AUTHORITY. (a) The
attorney general may contract with public or private entities in
the performance of the duties of the institute.
[(b)] The institute may contract with public or private
entities in the performance of the duties of the institute.
(j) [Sec. 412.016. GIFTS, GRANTS, DONATIONS,
APPROPRIATIONS. (a)] The [attorney general or the] institute may
accept gifts, grants, donations, or matching funds from a public or
private source for the performance of the duties of the institute.
[(b)] The legislature may appropriate money to the
institute to finance the performance of the duties of the
institute.
[(c)] Money and appropriations received by [the attorney
general or] the institute under this subsection [section] shall be
deposited as provided by Section 96.652 [412.081].
[SUBCHAPTER C. CRIME VICTIMS' INSTITUTE ADVISORY COUNCIL]
Sec. 96.651 [412.051]. CRIME VICTIMS' INSTITUTE [CREATION
AND COMPOSITION OF] ADVISORY COUNCIL. (a) In this section:
(1) "Advisory council" means the Crime Victims'
Institute Advisory Council.
(2) "Victim" has the meaning assigned by Article
56.01, Code of Criminal Procedure.
(b) The Crime Victims' Institute Advisory Council is
created as an advisory council to the Crime Victims' Institute
[institute].
(c) [(b)] The advisory council is composed of the attorney
general and the following individuals, each of whom is appointed by
the governor [attorney general]:
(1) a victim;
(2) a member of the house of representatives;
(3) a member of the senate;
(4) a county judge or district judge whose primary
responsibility is to preside over criminal cases;
(5) a district attorney, criminal district attorney,
county attorney who prosecutes felony offenses, or county attorney
who prosecutes mostly criminal cases;
(6) a law enforcement officer;
(7) a crime victims' assistance coordinator;
(8) a crime victims' liaison;
(9) a mental health professional with substantial
experience in the care and treatment of victims;
(10) a person with broad knowledge of sexual assault
issues;
(11) a person with broad knowledge of domestic
violence issues;
(12) a person with broad knowledge of child abuse
issues;
(13) a person with broad knowledge of issues relating
to the intoxication offenses described by Chapter 49, Penal Code;
(14) a person with broad knowledge of homicide issues;
(15) a person with broad knowledge of research
methods; and
(16) a designee of the governor.
(d) [(c)] The advisory council shall select a presiding
officer from among the council members and other officers that the
council considers necessary.
(e) [Sec. 412.052. MEETINGS.] The advisory council shall
meet at the call of the presiding officer.
(f) Appointed [Sec. 412.053. TENURE OF MEMBERS. The]
members of the advisory council serve for staggered two-year terms,
with the terms of eight of the members expiring on January 31 of
each even-numbered year and the terms of eight [seven] members
expiring on January 31 of each odd-numbered year.
(g) [Sec. 412.054. SERVICE ADDITIONAL DUTY OF OFFICE.]
Service on the advisory council by a public officer or employee is
an additional duty of the office or employment.
(h) [Sec. 412.055. COMPENSATION AND REIMBURSEMENT.] A
member of the advisory council serves without compensation for
service on the council but may be reimbursed for actual and
necessary expenses incurred while performing council duties.
(i) [Sec. 412.056. APPOINTMENT OF OTHER ADVISORY BODIES.]
The advisory council may establish advisory task forces or
committees that the council considers necessary to accomplish the
purposes of this section and Sections 96.65 and 96.652 [chapter].
(j) [Sec. 412.057. DUTIES OF ADVISORY COUNCIL.] The
advisory council shall advise the Crime Victims' Institute
[institute] on issues relating directly to the duties of the
institute as set forth under Section 96.65(d) [412.012].
[SUBCHAPTER D. CRIME VICTIMS' INSTITUTE ACCOUNT]
Sec. 96.652 [412.081]. CRIME VICTIMS' INSTITUTE ACCOUNT;
AUDIT; REPORT. (a) The Crime Victims' Institute account is an
account in the general revenue fund.
(b) The Crime Victims' Institute [attorney general] may use
funds from the Crime Victims' Institute account to carry out the
purposes of this section and Sections 96.65 and 96.651 [chapter].
(c) The comptroller shall deposit the funds received under
Section 96.65 [this chapter] to the credit of the Crime Victims'
Institute account.
(d) Funds spent are subject to audit by the state auditor.
(e) [Section 403.094 does not apply to funds collected under
this chapter.
[Sec. 412.082. ANNUAL REPORT. (a)] The Crime Victims'
Institute [institute] shall file annually with the governor and the
presiding officer of each house of the legislature a complete and
detailed written report accounting for all funds received and
disbursed by the institute during the preceding year.
[(b)] The form of the annual report and the reporting time
shall be as provided by the General Appropriations Act.
[(c)] The Crime Victims' Institute [institute] shall
determine the format and contents of the report and may have copies
of the report printed for distribution as the institute considers
appropriate.
SECTION 5. Subsection (b), Article 56.54, Code of Criminal
Procedure, is amended to read as follows:
(b) Except as provided by Subsections (h), (i), (j), and (k)
and Article 56.541, the compensation to victims of crime fund may be
used only by the attorney general for the payment of compensation to
claimants or victims under this subchapter. For purposes of this
subsection, compensation to claimants or victims incudes money
allocated from the fund to[,] the [operation of the] Crime Victims'
Institute created by Section 96.65 [Chapter 412], Education
[Government] Code, for the operation of the institute and for other
expenses in administering this subchapter. The institute shall use
money allocated from the fund only for the purposes of Sections
96.65, 96.651, and 96.652, Education Code.
SECTION 6. Section 411.130, Government Code, is amended to
read as follows:
Sec. 411.130. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION; CRIME VICTIMS' INSTITUTE. The Crime Victims'
Institute is entitled to obtain from the department criminal
history record information maintained by the department that the
institute believes is necessary for the performance of the duties
of the institute under Section 96.65, Education Code [Chapter 412].
SECTION 7. The heading for Section 443.0101, Government
Code, is amended to read as follows:
Sec. 443.0101. CAPITOL TRUST FUND; CAPITOL ACCOUNT.
SECTION 8. Section 443.0101(a), Government Code, is amended
to read as follows:
(a) Money and securities donated to the board and income
from the Capitol gift shops, cafeteria, and Visitors Parking Garage
as authorized by this chapter shall 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. Funds other than donated
funds and income from the Capitol gift shops, cafeteria, and
Visitors Parking Garage as authorized by this chapter shall be
deposited in the general revenue fund in an account [a special fund]
to be known as the Capitol account [fund]. The comptroller shall
manage and invest the account [fund] on behalf of the board as
directed or agreed to by the board, and all interest, dividends, and
other income of the account shall be credited to the account.
SECTION 9. Section 443.0103, Government Code, is amended to
read as follows:
Sec. 443.0103. CAPITAL RENEWAL ACCOUNT [TRUST FUND]. (a)
The capital renewal account [trust fund] is created as a dedicated
account in the general revenue fund. Money in the account may be
used only [trust fund outside the treasury with the comptroller and
shall be administered by the board, as a trustee on behalf of the
people of this state,] to maintain and preserve the Capitol, the
General Land Office Building, their contents, and their grounds.
The account [fund] consists of money transferred to the account
[fund]:
(1) at the direction of the legislature; or
(2) in accordance with this section.
[(b) Money in the fund may be used only for the purpose of
maintaining and preserving the Capitol, the General Land Office
Building, their contents, and their grounds.]
(c) The interest received from investment of money in the
account [fund] shall be credited to the account [fund].
(d) The board may transfer money from [any account of] the
Capitol account [fund] to the capital renewal account [trust fund],
other than money that was donated to the board, derived from a
security or other thing of value donated to the board, or earned as
interest or other income on a donation to the board, if the board
determines that after the transfer there will be a sufficient
amount of money in the [applicable account of the] Capitol account
[fund] to accomplish the purposes for which the account was
created.
SECTION 10. Section 2108.037(b), Government Code, is
amended to read as follows:
(b) Except as otherwise provided by this subsection, the
[The] affected agency shall 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. A portion of the savings
or revenues shall be used by the affected agency to pay bonuses
awarded by the commission under this subchapter. A portion of the
savings or revenues may be transferred to the commission as
specified in the General Appropriations Act for use by the
commission for operational expenses.
SECTION 11. Sections 2.014(c) and (d), Family Code, are
amended to read as follows:
(c) The premarital education handbook under Subsection
(b)(1) may [shall] be distributed to each applicant for a marriage
license as provided by Section 2.009(c)(5) and shall contain
information on:
(1) conflict management;
(2) communication skills;
(3) children and parenting responsibilities; and
(4) financial responsibilities.
(d) The attorney general may [shall] appoint an advisory
committee to assist in the development of the premarital education
handbook. If appointed, the [The] advisory committee shall consist
of nine members, including at least three members who are eligible
under Section 2.013(d) to provide a premarital education course. A
member of the advisory committee is not entitled to reimbursement
of the member's expenses.
SECTION 12. (a) The terms of the current members of the
Crime Victims' Institute Advisory Council expire on September 1,
2003.
(b) As soon as practicable after September 1, 2003, the
governor shall appoint new members to the Crime Victims' Institute
Advisory Council, as provided by Section 96.651, Education Code, as
added by this Act. The terms of eight members, determined by lot,
expire January 31, 2005. The terms of eight members, determined by
lot, expire January 31, 2006.
SECTION 13. On September 1, 2003:
(1) all powers, duties, and obligations relating to
the Crime Victims' Institute are transferred from the attorney
general to Sam Houston State University;
(2) all property in the custody of the attorney
general and the original or a copy of any record that relates to the
Crime Victims' Institute are transferred to the university;
(3) all unexpended appropriations to the attorney
general for the operation of the Crime Victims' Institute are
transferred to the university; and
(4) all rules, standards, and specifications of the
attorney general relating to the operation of the Crime Victims'
Institute remain in effect as rules, standards, and specifications
of Sam Houston State University unless superseded by the president
of the university.
SECTION 14. (a) Notwithstanding any statute of this state,
each state agency that receives an appropriation under Article I of
the General Appropriations Act 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) An agency described by Subsection (a) of this section
may not increase 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 15. The following laws are repealed:
(1) Sections 251.032, 254.036(j), and 258.005,
Election Code;
(2) Chapter 461, Government Code;
(3) Sections 572.030(b) and (c), Government Code;
(4) Sections 21.002(2) and (3) and 506.002, Labor
Code; and
(5) Sections 301.003(3), 301.061, and 301.064,
Property Code.
SECTION 16. On the effective date of this Act:
(1) the Commission on Human Rights as it exists
immediately before the effective date of this Act 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 the
effective date of this Act are transferred to the Texas Workforce
Commission 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 Texas Workforce Commission civil rights division and remains in
effect until changed by the Texas Workforce Commission;
(4) a reference in law to the Commission on Human
Rights means the Texas Workforce Commission 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 Texas Workforce
Commission civil rights division;
(6) all obligations, rights, and contracts of the
Commission on Human Rights are transferred to the Texas Workforce
Commission 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, shall be transferred to the Texas
Workforce Commission civil rights division.
SECTION 17. Not later than November 1, 2003, the governor
shall appoint new members to the Commission on Human Rights
established under Subchapter I, Chapter 301, Labor Code, as added
by this Act. In appointing members under this section, the governor
shall appoint:
(1) two members for terms expiring February 1, 2005;
(2) two members for terms expiring February 1, 2007;
and
(3) three members for terms expiring February 1, 2009.
SECTION 18. The changes in law made by this Act by the
abolition of the Commission on Human Rights and transfer of that
agency's responsibilities to the Texas Workforce Commission take
effect on certification of the Texas Workforce Commission civil
rights division by the appropriate federal agency, and the transfer
of related federal funds. Upon certification of Texas Workforce
Commission civil rights division by the appropriate federal agency,
the Workforce Commission shall file with the secretary of state for
publication in the Texas Register.
SECTION 19. (a) Except as provided by Subsection (b) of
this section, this Act takes effect immediately if it receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.
(b) Sections 8 and 9 of this Act take effect September 1,
2003.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3441 was passed by the House on May
10, 2003, by the following vote: Yeas 131, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3441 on May 30, 2003, by the following vote: Yeas 143, Nays 0,
2 present, not voting; and that the House adopted H.C.R. No. 292
authorizing certain corrections in H.B. No. 3441 on June 2, 2003, by
a non-record vote.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3441 was passed by the Senate, with
amendments, on May 28, 2003, by the following vote: Yeas 31, Nays
0; and that the Senate adopted H.C.R. No. 292 authorizing certain
corrections in H.B. No. 3441 on June 2, 2003, by a viva-voce vote.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor