By: Harper-Brown H.B. No. 2906
A BILL TO BE ENTITLED
AN ACT
relating to a hiring freeze of nonessential personnel employed by
certain state agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. HIRING FREEZE. (a) This Act applies only to a
state agency in the executive branch of state government that is
eligible under law to receive an appropriation and has more than 750
full-time equivalent employee positions.
(b) Except as provided by Subsection (d) of this section,
during the state fiscal biennium that ends August 31, 2015, a state
agency may not:
(1) fill a full-time equivalent position that:
(A) is vacant on September 1, 2013; or
(B) becomes vacant after September 1, 2013; or
(2) divert to any other use money appropriated for the
salary, wages, or benefits attributable to a position described by
Subdivision (1) of this subsection.
(c) On September 1, 2015, the comptroller shall deposit any
unexpended money appropriated for salary, wages, or benefits for a
vacant position to which Subsection (b) of this section applies to
the credit of the fund or account from which the money was
appropriated.
(d) A state agency may fill a vacant position described by
Subsection (b) of this section and use to fill that position money
appropriated for the salary, wages, or benefits attributable to the
position only if the agency first determines that:
(1) the position is critically related to the agency's
ability to perform its core function; or
(2) the number of vacant full-time equivalent employee
positions with the agency is more than 10 percent of the total
number of full-time equivalent employee positions authorized for
the agency.
(e) If a state agency makes a determination under Subsection
(d) of this section, the agency shall:
(1) notify the governor and members of the Legislative
Budget Board of the nature of the vacancy; and
(2) provide other information relating to the vacancy
to the governor or members of the Legislative Budget Board on
request.
(f) A state agency that provides notice of a vacancy under
Subsection (e)(1) of this section is not required to provide notice
before filling a subsequent vacancy for that position.
SECTION 2. EXEMPTIONS. This Act does not apply to:
(a) The Department of Public Safety; or
(b) The Department of Criminal Justice.
SECTION 3. EXPIRATION. This Act expires September 1, 2015.
SECTION 4. EFFECTIVE DATE. This Act takes effect September
1, 2013.