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  85R201 MK-D
 
  By: Gonzales of Williamson H.B. No. 3963
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to limitations on the issuance of certain one-time merit
  payments by state agencies under the direction of an elected
  officer.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 659.255, Government Code, is amended by
  amending Subsection (f) and adding Subsection (h) to read as
  follows:
         (f)  Except as provided by Subsection (h), a [A] state agency
  may make a one-time merit payment to a classified employee in
  relation to the employee's performance in the current classified
  position held by the employee if:
               (1)  the employee has been employed by the agency in
  that position for at least six continuous months before the
  effective date of the payment;
               (2)  the effective date of the payment is at least six
  months after the effective date of the employee's last:
                     (A)  promotion; or
                     (B)  merit salary increase for performance in that
  position;
               (3)  the agency has complied with Subsection (c);
               (4)  the employee's job performance and productivity in
  that position are consistently above that normally expected or
  required; and
               (5)  the effective date of the payment is at least six
  months after the effective date of the agency's last:
                     (A)  payment to the employee of an enhanced
  compensation award authorized by the General Appropriations Act; or
                     (B)  one-time merit payment for performance in
  that position.
         (h)  A state agency under the direction of an elected officer
  may not make a one-time merit payment to a classified employee
  within six months after the date on which the officer first assumes
  the duties of the office.
         SECTION 2.  The changes in law made by this Act apply only to
  a state officer who assumes office on or after the effective date of
  this Act. A state officer who assumed office before the effective
  date of this Act is subject to the law in effect at the time the
  officer assumed office, and the current law is continued in effect
  for that purpose.
         SECTION 3.  This Act takes effect September 1, 2017.