Suspending limitations on conference committee
jurisdiction, H.B. No. 3442
By: Averitt S.R. No. 1042
SENATE RESOLUTION
BE IT RESOLVED by the Senate of the State of Texas, 78th
Legislature, Regular Session, 2003, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 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) Senate Rules 12.03(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) Senate Rules 12.03(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) Senate Rules 12.03(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 test 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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on June 1, 2003, by
the following vote: Yeas 31,
Nays 0.
_______________________________
Secretary of the Senate