Texas 2011 - 82nd Regular

Texas House Bill HB3168 Compare Versions

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1	1	82R23499 MCK-F
2	2	By: Callegari, Cain H.B. No. 3168
3	3	Substitute the following for H.B. No. 3168:
4	4	By: Zedler C.S.H.B. No. 3168
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to state personnel and other human resources matters and
10	10	the disposition of certain state property.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. STATE EMPLOYEE FURLOUGHS AND COMPENSATION
13	13	SECTION 1.01. Section 658.007, Government Code, is amended
14	14	by adding Subsection (c) to read as follows:
15	15	(c) Notwithstanding other law or terms of contract, an
16	16	institution of higher education may establish a mandatory employee
17	17	furlough or work reduction program as necessary to increase
18	18	efficiency, reduce the cost of operations, or otherwise address the
19	19	financial condition of the institution. While a furlough or work
20	20	reduction program is in effect, the terms and conditions of the
21	21	program apply notwithstanding other law. The terms and conditions
22	22	of the program may address the eligibility of an employee for and
23	23	contributions for benefits under Chapter 1551 or 1601, Insurance
24	24	Code, as applicable.
25	25	SECTION 1.02. Chapter 658, Government Code, is amended by
26	26	adding Section 658.011 to read as follows:
27	27	Sec. 658.011. INVOLUNTARY FURLOUGH PROGRAM. (a) In this
28	28	section, "state agency" means a board, commission, office,
29	29	department, or other agency in the executive, judicial, or
30	30	legislative branch of state government. The term does not include
31	31	an institution of higher education as defined by Section 61.003,
32	32	Education Code.
33	33	(b) On approval of the governing body of the state agency,
34	34	the executive director of a state agency may require an employee of
35	35	the state agency to participate in an involuntary furlough program
36	36	without pay in order to balance the state agency's budget.
37	37	(c) The state agency implementing an involuntary furlough
38	38	program under this section shall reduce an employee's compensation
39	39	in an amount equal to the number of hours the employee is furloughed
40	40	times the employee's hourly rate or equivalent hourly rate as
41	41	provided by Section 659.085.
42	42	(d) Except as provided by Subsection (g), a state employee
43	43	may not use vacation, sick, or any other paid leave while the
44	44	employee is on an unpaid furlough.
45	45	(e) An unpaid furlough under this section does not
46	46	constitute a break in service for the state employee.
47	47	(f) A state employee who is on unpaid furlough continues to
48	48	accrue:
49	49	(1) state service credit for purposes of longevity
50	50	pay;
51	51	(2) vacation leave; and
52	52	(3) sick leave.
53	53	(g) A state employee on an unpaid furlough that exceeds one
54	54	month in length may continue to accrue service credit with the
55	55	Employees Retirement System of Texas or Teacher Retirement System
56	56	of Texas by receiving state pay during each month of the unpaid
57	57	furlough in an amount equal to the employee's contribution to the
58	58	retirement system under Section 815.402 or 825.403, as appropriate.
59	59	The employee may use any combination of paid leave, including state
60	60	compensatory leave, overtime leave under the federal Fair Labor
61	61	Standards Act of 1938 (29 U.S.C. Section 201 et seq.), sick leave,
62	62	or annual leave to qualify for the state pay.
63	63	SECTION 1.03. Section 659.043, Government Code, is amended
64	64	by adding Subsection (c) to read as follows:
65	65	(c) Notwithstanding Subsections (a)(1) and (2), an employee
66	66	participating in an involuntary furlough program under Section
67	67	658.011 who is otherwise eligible for longevity pay is entitled to
68	68	longevity pay.
69	69	SECTION 1.04. Subchapter K, Chapter 659, Government Code,
70	70	is amended by adding Section 659.264 to read as follows:
71	71	Sec. 659.264. CERTAIN SALARY REDUCTIONS AT INSTITUTIONS OF
72	72	HIGHER EDUCATION. Notwithstanding other law or terms of contract,
73	73	subject solely to procedures and rules adopted by the governing
74	74	board, an institution of higher education may establish a program
75	75	of temporary or permanent salary reductions as necessary to reduce
76	76	the cost of operations or otherwise address the financial condition
77	77	of the institution.
78	78	SECTION 1.05. Section 811.001(7), Government Code, is
79	79	amended to read as follows:
80	80	(7) "Compensation" means the base salary of a person;
81	81	amounts that would otherwise qualify as compensation but are not
82	82	received directly by a person pursuant to a good faith, voluntary,
83	83	written salary reduction agreement in order to finance payments to
84	84	a deferred compensation or tax sheltered annuity program
85	85	specifically authorized by state law or to finance benefit options
86	86	under a cafeteria plan qualifying under Section 125 of the Internal
87	87	Revenue Code of 1986 (26 U.S.C. Section 125); longevity and
88	88	hazardous duty pay; nonmonetary compensation, the value of which
89	89	is determined by the retirement system; amounts by which a person's
90	90	salary is reduced under a salary reduction agreement authorized by
91	91	Chapter 610; amounts by which a person's salary is reduced under an
92	92	involuntary furlough program under Section 658.011; and the benefit
93	93	replacement pay a person earns under Subchapter H, Chapter 659, [as
94	94	added by Chapter 417, Acts of the 74th Legislature, 1995,] except
95	95	for the benefit replacement pay a person earns as a result of a
96	96	payment made under Subchapter B, C, or D, Chapter 661. The term
97	97	excludes overtime pay and a cleaning or clothing allowance.
98	98	SECTION 1.06. Subchapter C, Chapter 1551, Insurance Code,
99	99	is amended by adding Section 1551.1015 to read as follows:
100	100	Sec. 1551.1015. INVOLUNTARY FURLOUGH PROGRAM. An
101	101	individual is eligible to participate in the group benefits program
102	102	if the individual would otherwise be eligible to participate in the
103	103	program under this subchapter except that the individual is not
104	104	receiving compensation for service because the individual is
105	105	participating in an involuntary furlough program under Section
106	106	658.011, Government Code.
107	107	SECTION 1.07. Section 1551.319, Insurance Code, is amended
108	108	by adding Subsection (g) to read as follows:
109	109	(g) For purposes of determining whether an individual is a
110	110	full-time or part-time employee under this section, any reduction
111	111	in the employee's hours that results from the employee's
112	112	participation in an involuntary furlough program under Section
113	113	658.011, Government Code, may not be considered.
114	114	SECTION 1.08. Subchapter G, Chapter 1551, Insurance Code,
115	115	is amended by adding Section 1551.325 to read as follows:
116	116	Sec. 1551.325. CONTRIBUTIONS AND PAYMENTS FROM CERTAIN
117	117	EMPLOYEES. (a) An employee participating in an involuntary
118	118	furlough program under Section 658.011, Government Code, for a
119	119	period of a month or more shall make the contributions required for
120	120	the coverage selected by the employee, including any amount of a
121	121	salary reduction agreement under a cafeteria plan, as required by
122	122	the trustee.
123	123	(b) The employee is entitled to receive compensation for any
124	124	combination of paid leave, including state compensatory leave,
125	125	overtime leave under the federal Fair Labor Standards Act of 1938
126	126	(29 U.S.C. Section 201 et seq.), sick leave, or annual leave, to the
127	127	extent necessary to make the required contribution.
128	128	ARTICLE 2. STATE PERSONNEL AND OTHER STATE HUMAN RESOURCES MATTERS
129	129	SECTION 2.01. Section 670.002, Government Code, is amended
130	130	to read as follows:
131	131	Sec. 670.002. HUMAN RESOURCES STAFFING FOR LARGE STATE
132	132	AGENCIES. A state agency with 500 or more full-time equivalent
133	133	employees shall adjust the agency's human resources staff to
134	134	achieve a human resources employee-to-staff ratio of not more than
135	135	one human resources employee for every 100 [85] staff members.
136	136	SECTION 2.02. Section 670.003, Government Code, is amended
137	137	to read as follows:
138	138	Sec. 670.003. HUMAN RESOURCES STAFFING FOR [MEDIUM-SIZED
139	139	AND] SMALL STATE AGENCIES; OUTSOURCING. [(a)] The State Council on
140	140	Competitive Government shall:
141	141	(1) perform a review to determine the
142	142	cost-effectiveness of consolidating the human resources functions
143	143	of or contracting with private entities to perform the human
144	144	resources functions of all state agencies that employ 100 or fewer
145	145	[than 500] full-time equivalent employees;
146	146	(2) implement the findings of the review, including
147	147	contracting for human resources functions on behalf of small state
148	148	agencies, as necessary; and
149	149	(3) review the human resources functions of small
150	150	state agencies at least once every five years or as determined
151	151	necessary based on the terms of a contract entered into to implement
152	152	this section.
153	153	[(b) If the council determines that contracting with
154	154	private entities is cost-effective, the council shall issue a
155	155	request for proposals for vendors to perform the human resources
156	156	functions of the agencies.
157	157	[(c) The council shall determine which human resources
158	158	functions are subject to the contract and which functions the
159	159	agency may select to perform itself.
160	160	[(d) Each agency shall pay for the contracts for human
161	161	resources functions out of the agency's human resources budget.]
162	162	SECTION 2.03. Chapter 670, Government Code, is amended by
163	163	adding Section 670.004 to read as follows:
164	164	Sec. 670.004. HUMAN RESOURCES STAFFING FOR MEDIUM-SIZED
165	165	STATE AGENCIES; OUTSOURCING. (a) A state agency with fewer than 500
166	166	full-time equivalent employees but more than 100 full-time
167	167	equivalent employees shall:
168	168	(1) adjust the agency's human resources staff to
169	169	achieve a human resources employee-to-staff ratio of not more than
170	170	one human resources employee for every 100 staff members; or
171	171	(2) request the State Council on Competitive
172	172	Government to perform a review to determine the cost-effectiveness
173	173	of consolidating the human resources functions of, or contracting
174	174	with private entities to perform the human resources functions of,
175	175	the agency.
176	176	(b) If, based on the review performed under Subsection
177	177	(a)(2), the State Council on Competitive Government determines that
178	178	the agency should contract with a private entity to perform the
179	179	human resources functions, the agency shall work with the State
180	180	Council on Competitive Government to contract for performance of
181	181	the agency's human resources functions.
182	182	ARTICLE 3. SURPLUS AND SALVAGE PROPERTY
183	183	SECTION 3.01. Section 2175.002, Government Code, is amended
184	184	to read as follows:
185	185	Sec. 2175.002. ADMINISTRATION OF CHAPTER. The commission
186	186	shall dispose of surplus and salvage property. The commission's
187	187	surplus and salvage property division shall administer this
188	188	chapter.
189	189	SECTION 3.02. Section 2175.065, Government Code, is amended
190	190	by amending Subsection (a) and adding Subsections (c) and (d) to
191	191	read as follows:
192	192	(a) The commission may authorize a state agency to dispose
193	193	of surplus or salvage property if the agency demonstrates to the
194	194	commission its ability to dispose of the property under this
195	195	chapter [Subchapters C and E] in a manner that results in cost
196	196	savings to the state, under commission rules adopted under this
197	197	chapter.
198	198	(c) If a state agency disposes of property under this
199	199	section, the agency shall report the disposal to the commission.
200	200	The report must include:
201	201	(1) a description of the disposed property;
202	202	(2) the reasons for the disposal;
203	203	(3) if the property is sold, the price for the disposed
204	204	property; and
205	205	(4) the recipient of the disposed property.
206	206	(d) If the commission determines that a state agency
207	207	violated a law or rule, the commission shall report the violation to
208	208	the Legislative Budget Board.
209	209	SECTION 3.03. The heading to Subchapter D, Chapter 2175,
210	210	Government Code, is amended to read as follows:
211	211	SUBCHAPTER D. DISPOSITION OF SURPLUS OR SALVAGE PROPERTY [BY
212	212	COMMISSION]
213	213	SECTION 3.04. Section 2175.181, Government Code, is amended
214	214	to read as follows:
215	215	Sec. 2175.181. APPLICABILITY. [(a) This subchapter
216	216	applies only to surplus and salvage property located in:
217	217	[(1) Travis County;
218	218	[(2) a county in which federal surplus property is
219	219	warehoused by the commission under Subchapter G; or
220	220	[(3) a county for which the commission determines that
221	221	it is cost-effective to follow the procedures created under this
222	222	subchapter and informs affected state agencies of that
223	223	determination.
224	224	[(b)] This subchapter applies [does not apply] to a state
225	225	agency delegated the authority to dispose of surplus or salvage
226	226	property under Section 2175.065.
227	227	SECTION 3.05. Section 2175.182, Government Code, is amended
228	228	to read as follows:
229	229	Sec. 2175.182. STATE AGENCY NOTICE TO COMMISSION AND
230	230	TRANSFER OF PROPERTY [TO COMMISSION]. (a) A state agency that
231	231	determines it has [The commission is responsible for the disposal
232	232	of] surplus or salvage property shall notify the commission about
233	233	the property to determine the method of disposal [under this
234	234	subchapter]. The commission may take physical possession of the
235	235	property.
236	236	(b) Based on the condition of the property, the commission,
237	237	in conjunction with the state agency, shall determine whether the
238	238	property is:
239	239	(1) surplus property that should be offered for
240	240	transfer under Section 2175.184 or sold to the public; or
241	241	(2) salvage property.
242	242	(c) After the commission makes the determination under
243	243	Subsection (b), the [The] commission shall direct the state agency
244	244	to inform the comptroller's office of the property's kind, number,
245	245	location, condition, original cost or value, and date of
246	246	acquisition.
247	247	SECTION 3.06. Section 2175.1825, Government Code, is
248	248	amended to read as follows:
249	249	Sec. 2175.1825. ADVERTISING ON COMPTROLLER WEBSITE;
250	250	COMMISSION ACCESS. (a) Not later than the second day after the date
251	251	the comptroller receives notice from a state agency [the
252	252	commission] under Section 2175.182(c), the comptroller shall
253	253	advertise the property's kind, number, location, and condition on
254	254	the comptroller's website.
255	255	(b) The comptroller shall provide the commission access to
256	256	all records in the state property accounting system related to
257	257	surplus and salvage property.
258	258	SECTION 3.07. Section 2175.183, Government Code, is amended
259	259	to read as follows:
260	260	Sec. 2175.183. COMMISSION NOTICE TO OTHER ENTITIES. The
261	261	[On taking responsibility for surplus property under this
262	262	subchapter, the] commission shall inform other state agencies,
263	263	political subdivisions, and assistance organizations of the
264	264	comptroller's website that lists surplus property that is available
265	265	for sale.
266	266	SECTION 3.08. Section 2175.184, Government Code, is amended
267	267	to read as follows:
268	268	Sec. 2175.184. DIRECT TRANSFER. During the 10 business
269	269	days after the date the property is posted on the comptroller's
270	270	website, a state agency, political subdivision, or assistance
271	271	organization shall [may] coordinate with the commission for a
272	272	transfer of the property at a price established by the commission
273	273	[in cooperation with the transferring agency]. A transfer to a
274	274	state agency has priority over any other transfer during this
275	275	period.
276	276	SECTION 3.09. Section 2175.186(a), Government Code, is
277	277	amended to read as follows:
278	278	(a) If a disposition of a state agency's surplus property is
279	279	not made under Section 2175.184, the commission shall sell the
280	280	property by competitive bid, auction, or direct sale to the public,
281	281	including a sale using an Internet auction site. The commission may
282	282	contract with a private vendor to assist with disposition.
283	283	SECTION 3.10. Section 2175.189, Government Code, is amended
284	284	to read as follows:
285	285	Sec. 2175.189. ADVERTISEMENT OF SALE. If the value of an
286	286	item or a lot of property to be sold is estimated to be more than
287	287	$25,000 [$5,000], the commission shall advertise the sale at least
288	288	once in at least one newspaper of general circulation in the
289	289	vicinity in which the property is located.
290	290	SECTION 3.11. Section 2175.191(a), Government Code, is
291	291	amended to read as follows:
292	292	(a) Proceeds from the sale of surplus or salvage property,
293	293	less the cost of advertising the sale, the cost of selling the
294	294	surplus or salvage property, including the cost of auctioneer
295	295	services or assistance from a private vendor, and the amount of the
296	296	fee collected under Section 2175.188, shall be deposited to the
297	297	credit of the general revenue fund of the state treasury.
298	298	SECTION 3.12. Section 2175.302, Government Code, is amended
299	299	to read as follows:
300	300	Sec. 2175.302. EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS.
301	301	Except as provided by Section 2175.905 [2175.128(b)], this chapter
302	302	does not apply to the disposition of surplus or salvage property by
303	303	a state eleemosynary institution.
304	304	SECTION 3.13. Section 2175.904, Government Code, is amended
305	305	by amending Subsections (a) and (c) and adding Subsection (d) to
306	306	read as follows:
307	307	(a) The commission shall establish a program for the sale of
308	308	gambling equipment received from a city, from a commissioners court
309	309	under Section 263.152(a)(5), Local Government Code, or from a
310	310	state agency under this chapter.
311	311	(c) Proceeds from the sale of gambling equipment, less the
312	312	costs of the sale, including costs of advertising, storage,
313	313	shipping, and auctioneer or broker services, and the amount of the
314	314	fee collected under Section 2175.188 [2175.131], shall be divided
315	315	according to an agreement between the commission and the city or the
316	316	commissioners court that provided the equipment for sale. The
317	317	agreement must provide that:
318	318	(1) not less than 50 percent of the net proceeds be
319	319	remitted to the city or the commissioners court; and
320	320	(2) the remainder of the net proceeds retained by the
321	321	commission be deposited to the credit of the general revenue fund.
322	322	(d) Proceeds from the sale of gambling equipment received
323	323	from a state agency, less the costs of the sale, including costs of
324	324	advertising, storage, shipping, and auctioneer or broker services,
325	325	and the amount of the fee collected under Section 2175.188, shall be
326	326	deposited to the credit of the general revenue fund of the state
327	327	treasury in accordance with state law.
328	328	SECTION 3.14. Subchapter Z, Chapter 2175, Government Code,
329	329	is amended by adding Sections 2175.905 and 2175.906 to read as
330	330	follows:
331	331	Sec. 2175.905. DISPOSITION OF DATA PROCESSING EQUIPMENT.
332	332	(a) If a disposition of a state agency's surplus or salvage data
333	333	processing equipment is not made under Section 2175.184, the state
334	334	agency shall transfer the equipment to:
335	335	(1) a school district or open-enrollment charter
336	336	school in this state under Subchapter C, Chapter 32, Education
337	337	Code;
338	338	(2) an assistance organization specified by the school
339	339	district; or
340	340	(3) the Texas Department of Criminal Justice.
341	341	(b) If a disposition of the surplus or salvage data
342	342	processing equipment of a state eleemosynary institution or an
343	343	institution or agency of higher education is not made under other
344	344	law, the institution or agency shall transfer the equipment to:
345	345	(1) a school district or open-enrollment charter
346	346	school in this state under Subchapter C, Chapter 32, Education
347	347	Code;
348	348	(2) an assistance organization specified by the school
349	349	district; or
350	350	(3) the Texas Department of Criminal Justice.
351	351	(c) The state eleemosynary institution or institution or
352	352	agency of higher education or other state agency may not collect a
353	353	fee or other reimbursement from the district, the school, the
354	354	assistance organization, or the Texas Department of Criminal
355	355	Justice for the surplus or salvage data processing equipment
356	356	transferred under this section.
357	357	Sec. 2175.906. ABOLISHED ENTITIES. The commission shall
358	358	take custody, as surplus property, of the property and other assets
359	359	of a state agency or advisory committee abolished in accordance
360	360	with Chapter 325 unless the legislature designates another
361	361	appropriate governmental entity to take custody of the property and
362	362	assets.
363	363	SECTION 3.15. Section 32.102(a), Education Code, is amended
364	364	to read as follows:
365	365	(a) As provided by this subchapter, a school district or
366	366	open-enrollment charter school may transfer to a student enrolled
367	367	in the district or school:
368	368	(1) any data processing equipment donated to the
369	369	district or school, including equipment donated by:
370	370	(A) a private donor; or
371	371	(B) a state eleemosynary institution or a state
372	372	agency under Section 2175.905 [2175.128], Government Code;
373	373	(2) any equipment purchased by the district or school,
374	374	to the extent consistent with Section 32.105; and
375	375	(3) any surplus or salvage equipment owned by the
376	376	district or school.
377	377	SECTION 3.16. Section 325.017(e), Government Code, is
378	378	amended to read as follows:
379	379	(e) Unless the governor designates an appropriate state
380	380	agency as prescribed by Subsection (f), [property and] records in
381	381	the custody of an abolished state agency or advisory committee on
382	382	September 1 of the even-numbered year after abolishment shall be
383	383	transferred to the comptroller. If the governor designates an
384	384	appropriate state agency, the [property and] records shall be
385	385	transferred to the designated state agency.
386	386	SECTION 3.17. Section 201.001(a), Insurance Code, is
387	387	amended to read as follows:
388	388	(a) The Texas Department of Insurance operating account is
389	389	an account in the general revenue fund. The account includes the
390	390	following:
391	391	(1) taxes and fees received by the commissioner or
392	392	comptroller that are required by this code to be deposited to the
393	393	credit of the account; and
394	394	(2) money or credits received by the department or
395	395	commissioner from sales, reimbursements, and fees authorized by law
396	396	other than this code, including money or credits received from:
397	397	(A) charges for providing copies of public
398	398	information under Chapter 552, Government Code;
399	399	(B) the disposition of surplus or salvage
400	400	property under [Subchapters C and D,] Chapter 2175, Government
401	401	Code;
402	402	(C) the sale of publications and other printed
403	403	material under Section 2052.301, Government Code;
404	404	(D) miscellaneous transactions and sources under
405	405	Section 403.011 or 403.012, Government Code;
406	406	(E) charges for postage spent to serve legal
407	407	process under Section 17.025, Civil Practice and Remedies Code;
408	408	(F) the comptroller involving warrants for which
409	409	payment is barred under Chapter 404, Government Code;
410	410	(G) sales or reimbursements authorized by the
411	411	General Appropriations Act; and
412	412	(H) the sale of property purchased with money
413	413	from the account or a predecessor fund or account.
414	414	SECTION 3.18. Subchapter C, Chapter 2175, Government Code,
415	415	is repealed.
416	416	ARTICLE 4. EFFECTIVE DATE
417	417	SECTION 4.01. This Act takes effect September 1, 2011.