|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the operation of state agencies |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
ARTICLE 1. REPEAL OF LONGEVITY PAY AND IMPLEMENTATION OF MERIT PAY |
|
PROGRAM. |
|
SECTION 1.1. Section 30.024(b), Education Code, is amended |
|
to read as follows: |
|
(b) The governing board of the school may enter into an |
|
employment contract with any employee who provides, or supervises |
|
any employee who provides, direct and regular educational services |
|
to students or who provides other professional educational |
|
services. An employee employed under this subsection is not |
|
subject to Section 2252.901, Government Code. Each teacher shall |
|
be employed under a term contract as provided by Subchapter E, |
|
Chapter 21, or under a probationary contract as provided by |
|
Subchapter C, Chapter 21. An employee employed under a contract |
|
under this subsection: |
|
(1) shall be paid in accordance with a salary |
|
structure adopted by the superintendent with the concurrence of the |
|
board that provides salaries, including assignment stipends, |
|
equal, on a daily-rate basis, to salaries, including assignment |
|
stipends, paid to employees employed in comparable positions by the |
|
Austin Independent School District; |
|
(2) [is not eligible for longevity pay under
|
|
Subchapter D, Chapter 659, Government Code, and] is not entitled to |
|
a paid day off from work on any national or state holiday; |
|
(3) is eligible for sick leave accrual under the |
|
General Appropriations Act in each month in which at least one day |
|
of the month is included in the term of the employment contract and |
|
in any other month in which work is performed or paid leave is |
|
taken; |
|
(4) may be permitted by the board to take paid time off |
|
from work during the term of the employment contract for personal |
|
reasons as designated by the board, but the paid time off may not |
|
exceed three days per contract term and may not be carried forward |
|
from one contract term to a subsequent contract term; |
|
(5) may be permitted by the board to be paid the salary |
|
designated in the employment contract in 12 monthly installments; |
|
and |
|
(6) shall work the hours established by the |
|
superintendent. |
|
SECTION 1.2. Section 30.055(b), Education Code, is amended |
|
to read as follows: |
|
(b) The governing board of the school may enter into an |
|
employment contract with any employee who provides, or supervises |
|
any employee who provides, direct and regular educational services |
|
to students or who provides other professional, educational |
|
services. An employee employed under this subsection is not |
|
subject to Section 2252.901, Government Code. Each teacher shall |
|
be employed under a term contract as provided by Subchapter E, |
|
Chapter 21, or under a probationary contract as provided by |
|
Subchapter C, Chapter 21. An employee employed under a contract |
|
under this subsection: |
|
(1) shall be paid in accordance with a salary |
|
structure adopted by the superintendent with the concurrence of the |
|
board that provides salaries, including assignment stipends, |
|
equal, on a daily-rate basis, to salaries, including assignment |
|
stipends, paid to employees employed in comparable positions by the |
|
Austin Independent School District; |
|
(2) [is not eligible for longevity pay under
|
|
Subchapter D, Chapter 659, Government Code, and] is not entitled to |
|
a paid day off from work on any national or state holiday; |
|
(3) is eligible for sick leave accrual under the |
|
General Appropriations Act in each month in which at least one day |
|
of the month is included in the term of the employment contract and |
|
in any other month in which work is performed or paid leave is |
|
taken; |
|
(4) may be permitted by the board to use a maximum of |
|
four days per contract term of accrued sick leave for personal |
|
reasons as designated by the board but the number of sick leave days |
|
not used for personal reasons during a contract term may not be |
|
carried forward to a subsequent contract term for use as personal |
|
leave; |
|
(5) shall be paid the salary designated in the |
|
employment contract in 12 monthly installments if the employee |
|
chooses to be paid in that manner; |
|
(6) shall work the hours established by the |
|
superintendent; and |
|
(7) in addition to the contract salary received during |
|
the employee's first year of employment with the school and for the |
|
purpose of reducing a vacancy in a position that is difficult to |
|
fill because of the specialized nature and the limited number of |
|
qualified applicants, may be paid a salary supplement, not to |
|
exceed any salary supplement paid by the Austin Independent School |
|
District to an employee employed in a comparable position. |
|
SECTION 1.3. Section 51.969(a), Education Code, as added by |
|
Chapter 889 (H.B. 2426), Acts of the 80th Legislature, Regular |
|
Session, 2007, is amended to read as follows: |
|
(a) The president of a medical and dental unit, as defined |
|
by Section 61.003, shall determine whether a nurse employed by the |
|
unit for patient care or clinical activities is a full-time |
|
employee for purposes of: |
|
(1) employees group benefits under Chapter 1551 or |
|
1601, Insurance Code; and |
|
(2) leave under Chapter 661 or 662, Government Code[;
|
|
[(3)
longevity pay under Section 659.043, Government
|
|
Code]. |
|
SECTION 1.4. Section 57.48(k)(1), Education Code, is |
|
amended to read as follows: |
|
(1) "Compensation" means base salary or wages, |
|
[longevity pay,] hazardous duty pay, benefit replacement pay, or an |
|
emolument provided in lieu of base salary or wages. |
|
SECTION 1.5. Section 403.055(l)(1), Government Code, is |
|
amended to read as follows: |
|
(1) "Compensation" means base salary or wages, |
|
[longevity pay,] hazardous duty pay, benefit replacement pay, or an |
|
emolument provided in lieu of base salary or wages. |
|
SECTION 1.6. Section 659.003(a)(2), Government Code, is |
|
amended to read as follows: |
|
(2) "Remuneration" includes salary, compensatory per |
|
diem, expense per diem, reimbursement for expenses, [longevity
|
|
pay,] and fees. |
|
SECTION 1.7. The heading to Subchapter D, Chapter 659, |
|
Government Code, is amended to read as follows: |
|
SUBCHAPTER D. MERIT [LONGEVITY] PAY |
|
SECTION 1.8. Section 659.042, Government Code, is amended |
|
to read as follows: |
|
Sec. 659.042. EXCLUSIONS. The following are not entitled |
|
to merit [longevity] pay under this subchapter: |
|
(1) a member of the legislature; |
|
(2) an individual who holds a statewide office that is |
|
normally filled by vote of the people[, except as provided by
|
|
Section 659.0445]; |
|
(3) an independent contractor or an employee of an |
|
independent contractor; |
|
(4) a temporary employee; |
|
(5) an officer or employee of a public junior college; |
|
(6) an academic employee of a state institution of |
|
higher education; or |
|
(7) a state employee who retired from state employment |
|
on or after June 1, 2011 [2005], and who receives an annuity based |
|
wholly or partly on service as a state officer or state employee in |
|
a public retirement system, as defined by Section 802.001, that was |
|
credited to the state employee. |
|
SECTION 1.9. Section 659.043, Government Code, is amended |
|
to read as follows: |
|
Sec. 659.043. ELIGIBILITY [ENTITLEMENT]. [(a)] A state |
|
employee is eligible [entitled] to receive merit [longevity] pay in |
|
accordance with the merit pay policy adopted by the state agency |
|
employing the individual [to be included in the employee's monthly
|
|
compensation if the employee:
|
|
[(1)
is a full-time state employee on the first
|
|
workday of the month;
|
|
[(2)
is not on leave without pay on the first workday
|
|
of the month; and
|
|
[(3)
has accrued at least two years of lifetime
|
|
service credit not later than the last day of the preceding month]. |
|
[(b)
Notwithstanding Subsection (a)(2), an employee of the
|
|
Texas School for the Blind and Visually Impaired or the Texas School
|
|
for the Deaf who is otherwise eligible for longevity pay is entitled
|
|
to longevity pay for each month that the employee is in a full-time
|
|
paid status on the first workday for which the school has work
|
|
scheduled for the employee.] |
|
SECTION 1.10. Section 659.044, Government Code, is amended |
|
to read as follows: |
|
Sec. 659.044. AMOUNT APPROPRIATED FOR MERIT PAY; |
|
LIMITATIONS. (a) During a state fiscal year, a state agency may |
|
not be appropriated more than an amount equal to $200 times the |
|
number of full-time employees authorized for the state agency by |
|
the General Appropriations Act for merit pay under this subchapter. |
|
[Except as provided by Subsections (e) and (f) and Section
|
|
659.0445, the monthly amount of longevity pay is $20 for every two
|
|
years of lifetime service credit.] |
|
(b) A state agency may not award more than 10 percent of the |
|
amount appropriated to the state agency for merit pay during the |
|
state fiscal year to a single employee. [The amount increases when
|
|
the 4th, 6th, 8th, 10th, 12th, 14th, 16th, 18th, 20th, 22nd, 24th,
|
|
26th, 28th, 30th, 32nd, 34th, 36th, 38th, 40th, and 42nd years of
|
|
lifetime service credit are accrued.] |
|
(c) The amount of merit pay that a state employee receives |
|
during a state fiscal year may not exceed 25 percent of the |
|
employee's base salary or wages [An increase is effective beginning
|
|
with the month following the month in which the 4th, 6th, 8th, 10th,
|
|
12th, 14th, 16th, 18th, 20th, 22nd, 24th, 26th, 28th, 30th, 32nd,
|
|
34th, 36th, 38th, 40th, and 42nd years of lifetime service credit
|
|
are accrued]. |
|
[(d)
An employee may not receive from the state as longevity
|
|
pay more than the amount determined under Subsection (a) or (e), as
|
|
applicable, regardless of the number of positions the employee
|
|
holds or the number of hours the employee works each week.
|
|
[(e)
This subsection applies only to an employee of the
|
|
Texas Youth Commission who is receiving less than the maximum
|
|
amount of hazardous duty pay that the commission may pay to the
|
|
employee under Section 659.303.
The employee's monthly amount of
|
|
longevity pay is the sum of:
|
|
[(1)
$4 for each year of lifetime service credit,
|
|
which may not include any period served in a hazardous duty
|
|
position; and
|
|
[(2) the lesser of:
|
|
[(A)
$4 for each year served in a hazardous duty
|
|
position; or
|
|
[(B) the difference between:
|
|
[(i)
$7 for each year served in a hazardous
|
|
duty position; and
|
|
[(ii)
the amount paid by the commission for
|
|
each year served in a hazardous duty position.
|
|
[(f)
A state employee who retired from state employment
|
|
before June 1, 2005, and who returned to state employment before
|
|
September 1, 2005, is entitled to receive longevity pay.
The
|
|
monthly amount of longevity pay the employee is entitled to receive
|
|
equals the amount of longevity pay the employee was entitled to
|
|
receive immediately before September 1, 2005.
A state employee who
|
|
retired from state employment before June 1, 2005, and who returns
|
|
to state employment on or after September 1, 2005, is not entitled
|
|
to receive longevity pay.] |
|
SECTION 1.11. Section 659.045, Government Code, is amended |
|
to read as follows: |
|
Sec. 659.045. CHANGE IN STATUS. If a state employee ceases |
|
being a full-time state employee after the first workday of a month |
|
but otherwise qualifies for merit [longevity] pay, the employee's |
|
compensation for the month may include merit [includes full
|
|
longevity] pay. |
|
SECTION 1.12. Subchapter D, Chapter 659, Government Code, |
|
is amended by adding Section 659.0451 to read as follows: |
|
Sec. 659.0451. MERIT PAY POLICY REQUIRED. Each state |
|
agency shall adopt a policy governing the agency's distribution of |
|
merit pay. The policy must include guidelines for determining when |
|
an employee's job performance warrants the distribution of merit |
|
pay. |
|
SECTION 1.13. Section 661.034(b), Government Code, is |
|
amended to read as follows: |
|
(b) Under this section, rate of compensation: |
|
(1) includes an emolument in lieu of base pay for which |
|
the state employee was eligible on the last day of employment; and |
|
(2) does not include [longevity or] hazardous duty |
|
pay. |
|
SECTION 1.14. Section 661.063(c), Government Code, is |
|
amended to read as follows: |
|
(c) Under this section, rate of compensation: |
|
(1) includes an emolument in lieu of base pay for which |
|
the state employee was eligible; and |
|
(2) does not include [longevity or] hazardous duty |
|
pay. |
|
SECTION 1.15. Section 661.067(b), Government Code, is |
|
amended to read as follows: |
|
(b) A state employee who remains on the payroll of a state |
|
agency under this section: |
|
(1) is entitled to continue to receive all |
|
compensation and benefits that the state employee was receiving on |
|
the employee's last day of duty, including paid holidays[,
|
|
longevity pay,] and hazardous duty pay; |
|
(2) is entitled to a general salary increase for state |
|
employees that takes effect before the employee's accrued vacation |
|
time is exhausted; and |
|
(3) may not use sick leave or accrue sick leave or |
|
vacation time. |
|
SECTION 1.16. Section 661.904(b), Government Code, is |
|
amended to read as follows: |
|
(b) The employee on an unpaid leave of absence during |
|
military duty described by Subsection (a) continues to accrue: |
|
(1) [state service credit for purposes of longevity
|
|
pay;
|
|
[(2)] vacation leave; and |
|
(2) [(3)] sick leave. |
|
SECTION 1.17. Section 661.909(f), Government Code, is |
|
amended to read as follows: |
|
(f) Except for an employee who returns to state employment |
|
from military leave without pay under Section 661.904, a full |
|
calendar month during which an employee is on leave without pay is |
|
not counted in computing: |
|
(1) [total state service for purposes related to
|
|
longevity pay or to] the rate of accrual of vacation leave; or |
|
(2) continuous state service for purposes related to |
|
merit salary provisions or vacation leave. |
|
SECTION 1.18. Section 666.001(1), Government Code, is |
|
amended to read as follows: |
|
(1) "Compensation" includes: |
|
(A) base salary or wages; |
|
(B) [longevity or] hazardous duty pay; |
|
(C) benefit replacement pay; |
|
(D) a payment for the balance of vacation and |
|
sick leave under Subchapter B, Chapter 661; |
|
(E) a payment for the accrued balance of vacation |
|
time under Subchapter C, Chapter 661; and |
|
(F) an emolument provided in lieu of base salary |
|
or wages. |
|
SECTION 1.19. Section 811.001(7), Government Code, is |
|
amended to read as follows: |
|
(7) "Compensation" means the base salary of a person; |
|
amounts that would otherwise qualify as compensation but are not |
|
received directly by a person pursuant to a good faith, voluntary, |
|
written salary reduction agreement in order to finance payments to |
|
a deferred compensation or tax sheltered annuity program |
|
specifically authorized by state law or to finance benefit options |
|
under a cafeteria plan qualifying under Section 125 of the Internal |
|
Revenue Code of 1986 (26 U.S.C. Section 125); [longevity and] |
|
hazardous duty pay; nonmonetary compensation, the value of which is |
|
determined by the retirement system; amounts by which a person's |
|
salary is reduced under a salary reduction agreement authorized by |
|
Chapter 610; and the benefit replacement pay a person earns under |
|
Subchapter H, Chapter 659, [as added by Chapter 417, Acts of the
|
|
74th Legislature, 1995,] except for the benefit replacement pay a |
|
person earns as a result of a payment made under Subchapter B, C, or |
|
D, Chapter 661. The term excludes overtime pay and a cleaning or |
|
clothing allowance. |
|
SECTION 1.20. Section 814.203(c), Government Code, is |
|
amended to read as follows: |
|
(c) For the purposes of this section, "comparable pay" means |
|
80 percent or more of the member's final state employment base pay |
|
before deductions for taxes or deferred compensation under state |
|
and federal law, including any [longevity or] hazardous duty pay, |
|
but excluding the monetary value of any insurance or retirement |
|
benefits. Comparable pay may be adjusted by the retirement system |
|
to account for adjustments in state pay rates. |
|
SECTION 1.21. Section 301.355(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) The president of a medical and dental unit, as defined |
|
by Section 61.003, Education Code, shall determine whether a nurse |
|
who is employed by the unit for practice in patient care or in |
|
clinical activities is a full-time employee for purposes of: |
|
(1) employees group benefits under Chapter 1551 or |
|
1601, Insurance Code; and |
|
(2) leave under Chapter 661 or 662, Government Code[;
|
|
and
|
|
[(3)
longevity pay under Section 659.043, Government
|
|
Code]. |
|
SECTION 1.22. The following sections of the Government Code |
|
are repealed: |
|
(1) Section 659.041(1); |
|
(2) Section 659.0411; |
|
(3) Section 659.0445; and |
|
(4) Section 659.046. |
|
SECTION 1.23. The change in law made by this Article applies |
|
beginning with the first full pay period that begins on or after |
|
September 1, 2011. |
|
ARTICLE 2. STATE PERSONNEL AND HUMAN RESOURCES |
|
SECTION 2.1. 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 2.2. Section 670.002, Government Code, is amended |
|
to read as follows: |
|
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 100 [85] staff members. |
|
SECTION 2.3. The heading to Section 670.003, Government |
|
Code, is amended to read as follows: |
|
Sec. 670.003. HUMAN RESOURCES STAFFING FOR [MEDIUM-SIZED
|
|
AND] SMALL STATE AGENCIES; OUTSOURCING. |
|
SECTION 2.4. Section 670.003(a), Government Code, is |
|
amended to read as follows: |
|
(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 |
|
100 or fewer [than 500] full-time equivalent employees. |
|
SECTION 2.5. Chapter 670, Government Code, is amended by |
|
adding Section 670.004 to read as follows: |
|
Sec. 670.004. HUMAN RESOURCES STAFFING FOR MEDIUM-SIZED |
|
STATE AGENCIES; OUTSOURCING. A state agency with fewer than 500 |
|
full-time equivalent employees but more than 100 full-time |
|
equivalent employees shall: |
|
(1) 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 100 staff members; or |
|
(2) contract with a private entity to perform the |
|
human resources functions of the agency, if the State Council on |
|
Competitive Government determines that the agency's contracting |
|
with a private entity is cost-effective. |
|
SECTION 2.6. Subtitle B, Title 6, Government Code, is |
|
amended by adding Chapter 673 to read as follows: |
|
CHAPTER 673. MANAGEMENT PERFORMANCE PROGRAM |
|
Sec. 673.001. DEFINITION. In this chapter, "state agency" |
|
means an agency in the executive branch of state government. |
|
Sec. 673.002. 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 2.7. Subchapter F, Chapter 201, Transportation |
|
Code, is amended by adding Sections 201.407 and 201.408 to read as |
|
follows: |
|
Sec. 201.407. ALLOCATION OF EMPLOYEES. (a) The department |
|
shall examine the department's core business and administrative |
|
units and develop a plan to streamline the department's operation |
|
by: |
|
(1) transferring employees in engineering, |
|
technician, and engineering assistant positions from the statewide |
|
headquarters office to district offices; |
|
(2) transferring employees in support positions from |
|
the division offices to the state headquarters office; and |
|
(3) increasing the department's staff-to-manager |
|
ratio. |
|
(b) In conducting the examination under Subsection (a), the |
|
department shall focus primarily on the following units: |
|
(1) bridge and roadway design; |
|
(2) construction; |
|
(3) environmental affairs; |
|
(4) maintenance; and |
|
(5) transportation planning and programming. |
|
(c) The department shall present the plan required by this |
|
section to the 83rd Legislature and shall begin the transfer of |
|
personnel as required by this section not later than August 31, |
|
2013. This section expires September 1, 2013. |
|
Sec. 201.408. LIMITATION ON CERTAIN EMPLOYEES. The |
|
department may not employ more than one employee who performs |
|
duties relating to human resources per 100 department employees. |
|
ARTICLE 3. REPEAL OF THE LIMITATION ON STATE AGENCY PURCHASES OF |
|
FILING CABINETS AND PAPER SUPPLIES. |
|
SECTION 3.1. Section 2051.021, Government Code, is |
|
repealed. |
|
ARTICLE 4. STATE VEHICLE FLEET MANAGEMENT |
|
SECTION 4.1. Subchapter C, Chapter 2171, Government Code, |
|
is amended by adding Section 2171.1011 to read as follows: |
|
Sec. 2171.1011. CENTRALIZED FLEET MANAGEMENT. (a) The |
|
comptroller shall devise and implement a statewide system of state |
|
agency vehicle fleet management, including the following |
|
functions: |
|
(1) vehicle acquisition and maintenance and repair |
|
activities, including preventive maintenance; |
|
(2) fueling operations; |
|
(3) management of inventory and the use, collection, |
|
and reporting of data; and |
|
(4) disposal or sale of excess inventory. |
|
(b) The comptroller may negotiate a contract with a private |
|
fleet management provider: |
|
(1) to operate one or all of the fleet management |
|
functions of the agency; or |
|
(2) for fleet management data software and services, |
|
if the provider can demonstrate expertise necessary to perform the |
|
functions required by Subsection (a). |
|
SECTION 4.2. The following sections of the Government Code |
|
are repealed: |
|
(1) Section 2171.101; |
|
(2) Section 2171.102; |
|
(3) Section 2171.104; |
|
(4) Section 2171.1045; and |
|
(5) Section 2171.105. |
|
ARTICLE 5. EFFECTIVE DATE. |
|
SECTION 5.1. This Act takes effect September 1, 2011. |