H.R. No. 1850
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of
Texas, 78th Legislature, Regular Session, 2003, That House Rule 13,
Section 9(a) be suspended in part as provided by House Rule Section
9(f) to enable the conference committee appointed to resolve the
differences on House Bill No. 3442, relating to certain
expenditures and charges of certain governmental entities, to
consider and take action on the following matters:
(1) House Rule 13, Sections 9(a)(3) and (4), are suspended
to permit the committee to add additional text not included in
either the house or senate version of the bill, consisting of the
following new section to read as follows:
SECTION 14. IMPOSITION OF CERTAIN FEES. (a) Subchapter B,
Chapter 1052, Occupations Code, is amended by adding Section
1052.0541 to read as follows:
Sec. 1052.0541. FEE INCREASE. (a) The fee for the issuance
of a certificate of registration under this chapter and the fee for
the renewal of a certificate of registration under this chapter is
increased by $200.
(b) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
(b) Subchapter B, Chapter 1053, Occupations Code, is
amended by adding Section 1053.0521 to read as follows:
Sec. 1053.0521. FEE INCREASE. (a) The fee for the issuance
of a certificate of registration under this chapter and the fee for
the renewal of a certificate of registration under this chapter is
increased by $200.
(b) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
(c) Subchapter D, Chapter 1071, Occupations Code, is
amended by adding Section 1071.1521 to read as follows:
Sec. 1071.1521. FEE INCREASE. (a) The fee for the issuance
of a certificate of registration to a registered professional land
surveyor under this chapter and the fee for the renewal of a
certificate of registration for a registered professional land
surveyor under this chapter is increased by $200.
(b) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
(c) This section does not apply to state agency employees
who are employed by the state as land surveyors.
(d) Subchapter B, Chapter 1152, Occupations Code, is
amended by adding Section 1152.053 to read as follows:
Sec. 1152.053. FEE INCREASE. (a) The fee for the
registration of a person under this chapter and the fee for the
renewal of a registration under this chapter is increased by $200.
(b) Of each fee increase collected, $50 shall be deposited
in the foundation school fund and $150 shall be deposited in the
general revenue fund.
(e) The change in law made by this section applies only to
the issuance or renewal of a certificate of registration under
Chapter 1052, 1053, or 1071, Occupations Code, or the issuance or
renewal of a registration under Chapter 1152, Occupations Code, on
or after the effective date of this article. A certificate of
registration or registration issued or renewed before the effective
date of this section is governed by the law in effect on the date of
the issuance or renewal, and the former law is continued in effect
for that purpose.
Explanation: The added text is necessary to increase fees
for landscape architects, interior designers, land surveyors, and
property tax consultants by $200, of which $50 would be deposited in
the foundation school fund and $150 would be deposited in the
general revenue fund.
(2) House Rule 13, Sections 9(a)(3) and (4), are suspended
to permit the committee to add additional text not included in
either the house or senate version of the bill, consisting of the
following new section to read as follows:
SECTION 15. STATE AGENCY HUMAN RESOURCES STAFFING AND
FUNCTIONS. (a) Subtitle B, Title 6, Government Code, is amended by
adding Chapter 670 to read as follows:
CHAPTER 670. HUMAN RESOURCES STAFFING AND FUNCTIONS
Sec. 670.001. DEFINITIONS. In this chapter:
(1) "Human resources employee" does not include an
employee whose primary job function is enforcement of Title VI or
Title VII of the Civil Rights Act of 1964.
(2) "State agency" means a department, commission,
board, office, authority, council, or other governmental entity in
the executive branch of government that is created by the
constitution or a statute of this state and has authority not
limited to a geographical portion of the state. The term does not
include a university system or institution of higher education as
defined by Section 61.003, Education Code.
Sec. 670.002. HUMAN RESOURCES STAFFING FOR LARGE STATE
AGENCIES. A state agency with 500 or more full-time equivalent
employees shall adjust the agency's human resources staff to
achieve a human resources employee-to-staff ratio of not more than
one human resources employee for every 85 staff members.
Sec. 670.003. HUMAN RESOURCES STAFFING FOR MEDIUM-SIZED AND
SMALL STATE AGENCIES; OUTSOURCING. (a) The State Council on
Competitive Government shall determine the cost-effectiveness of
consolidating the human resources functions of or contracting with
private entities to perform the human resources functions of state
agencies that employ fewer than 500 full-time equivalent employees.
(b) If the council determines that contracting with private
entities is cost-effective, the council shall issue a request for
proposals for vendors to perform the human resources functions of
the agencies.
(c) The council shall determine which human resources
functions are subject to the contract and which functions the
agency may select to perform itself.
(d) Each agency shall pay for the contracts for human
resources functions out of the agency's human resources budget.
(b) Not later than January 1, 2004, each state agency with
500 or more full-time equivalent employees shall comply with the
human resources employee-to-staff ratio requirements in Section
670.002, Government Code, as added by this section.
(c) Not later than January 1, 2004, the State Council on
Competitive Government shall conduct an initial feasibility study
to determine the cost-effectiveness of consolidating the human
resources functions of or contracting with private entities to
perform human resources functions of state agencies under Section
670.003, Government Code, as added by this section.
Explanation: The added text is necessary to restrict
agencies with 500 or more full-time equivalent employees from
having human resources staffing that exceeds one for each 85
employees after January 1, 2004, and to allow for a feasibility
study to determine the cost effectiveness of consolidating or
contracting out for state agencies' human resources functions.
(3) House Rule 13, Sections 9(a)(3) and (4), are suspended
to permit the committee to add additional text not included in
either the house or senate version of the bill, consisting of the
following new section to read as follows:
SECTION 16. AGENCY STAFFING AND PRODUCTIVITY. (a)
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 March 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 Legislative Budget
Board. The Legislative Budget Board by rule shall adopt appeal
procedures.
(b) 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.
(c) 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.
(d) 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.
(e) A state agency in the executive branch of government
shall achieve the management-to-staff ratio required by Subsection
(c), Section 651.004, Government Code, as added by this section,
not later than August 31, 2007.
(f) 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.
(g) Subsection (b), Section 656.048, Government Code, is
repealed.
Explanation: The added text is necessary to restrict
agencies with more than 100 full-time equivalent employees from
having more than one manager for every 11 non-managerial full-time
equivalent employees after August 31, 2006. The added text also
provides for a phase-in period between March 31, 2004, and August
31, 2006. The added text also provides for additional compensation
to certain state employees in the form of a one-time recruitment or
retention payment not to exceed $5,000.
Pickett
______________________________
Speaker of the House
I certify that H.R. No. 1850 was adopted by the House on June
1, 2003, by a non-record vote.
______________________________
Chief Clerk of the House