|   | 
| 
 | 
A BILL TO BE ENTITLED
 | 
| 
 | 
AN ACT
 | 
| 
 | 
relating to merit pay for certain qualified professionals employed  | 
| 
 | 
by the Texas Department of Criminal Justice or the Texas Youth  | 
| 
 | 
Commission. | 
| 
 | 
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
| 
 | 
       SECTION 1.  Section 493.007, Government Code, is amended by  | 
| 
 | 
amending Subsection (b) and adding Subsection (e) to read as  | 
| 
 | 
follows: | 
| 
 | 
       (b)  The executive director shall develop a system of annual  | 
| 
 | 
performance evaluations.  Except as provided by Subsection (e), all | 
| 
 | 
[All] merit pay for department employees must be based on the system  | 
| 
 | 
established under this subsection. | 
| 
 | 
       (e)  The executive director shall adopt a policy providing  | 
| 
 | 
for merit pay for a person who: | 
| 
 | 
             (1)  is a licensed chemical dependency counselor or has  | 
| 
 | 
at least two years of experience in chemical dependency counseling  | 
| 
 | 
and is a licensed social worker, professional counselor, physician,  | 
| 
 | 
or psychologist; and | 
| 
 | 
             (2)  has repaid a student loan owed by the person. | 
| 
 | 
       SECTION 2.  Section 61.0354, Human Resources Code, is  | 
| 
 | 
amended to read as follows: | 
| 
 | 
       Sec. 61.0354.  JOB PERFORMANCE EVALUATIONS; MERIT PAY.  (a)   | 
| 
 | 
The executive director or the executive director's designee shall  | 
| 
 | 
develop a system of annual performance evaluations that are based  | 
| 
 | 
on documented employee performance.  Except as provided by  | 
| 
 | 
Subsection (b), all [All] merit pay for commission employees must  | 
| 
 | 
be based on the system established under this section. | 
| 
 | 
       (b)  The executive director shall adopt a policy providing  | 
| 
 | 
for merit pay for a person who: | 
| 
 | 
             (1)  is a licensed chemical dependency counselor or has  | 
| 
 | 
at least two years of experience in chemical dependency counseling  | 
| 
 | 
and is a licensed social worker, professional counselor, physician,  | 
| 
 | 
or psychologist; and | 
| 
 | 
             (2)  has repaid a student loan owed by the person. | 
| 
 | 
       SECTION 3.  Section 493.007, Government Code, and Section  | 
| 
 | 
61.0354, Human Resources Code, as amended by this Act, apply only to  | 
| 
 | 
merit pay for work performed by an employee of the Texas Department  | 
| 
 | 
of Criminal Justice or the Texas Youth Commission on or after the  | 
| 
 | 
effective date of this Act.  Merit pay for work performed before the  | 
| 
 | 
effective date of this Act is covered by the law in effect on the  | 
| 
 | 
date the work was performed, and the former law is continued in  | 
| 
 | 
effect for that purpose. | 
| 
 | 
       SECTION 4.  This Act takes effect September 1, 2007. |