| 1 | 1 | | 85R9032 MM-F |
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| 2 | 2 | | By: González of El Paso H.B. No. 2401 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to supplemental pay for certain employees of the |
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| 8 | 8 | | Department of Family and Protective Services. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter B, Chapter 40, Human Resources Code, |
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| 11 | 11 | | is amended by adding Section 40.0331 to read as follows: |
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| 12 | 12 | | Sec. 40.0331. SUPPLEMENTAL PAY FOR PROFICIENCY IN A FOREIGN |
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| 13 | 13 | | LANGUAGE. (a) In this section, "employee" means a person who is |
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| 14 | 14 | | employed by the department as: |
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| 15 | 15 | | (1) a direct delivery caseworker in the adult |
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| 16 | 16 | | protective services, child protective services, child care |
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| 17 | 17 | | licensing, or statewide intake division of the department; |
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| 18 | 18 | | (2) a human services technician in the child |
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| 19 | 19 | | protective services division of the department; or |
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| 20 | 20 | | (3) an administrative assistant in the adult |
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| 21 | 21 | | protective services, child protective services, child care |
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| 22 | 22 | | licensing, or statewide intake division of the department. |
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| 23 | 23 | | (b) The department shall pay a supplement not to exceed 6.8 |
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| 24 | 24 | | percent of the employee's base salary to an employee who is |
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| 25 | 25 | | proficient in both English and a second language if: |
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| 26 | 26 | | (1) the executive commissioner determines that: |
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| 27 | 27 | | (A) proficiency in the second language is |
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| 28 | 28 | | beneficial to serving the department's clients; and |
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| 29 | 29 | | (B) there is not an efficient alternative |
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| 30 | 30 | | available to meet the department's needs; and |
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| 31 | 31 | | (2) the employee is able to demonstrate proficiency in |
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| 32 | 32 | | the second language by demonstrating reading, writing, and |
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| 33 | 33 | | conversation skills as determined by the department. |
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| 34 | 34 | | (c) Supplemental pay to an employee under this section is in |
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| 35 | 35 | | addition to the employee's regular compensation. |
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| 36 | 36 | | (d) The executive commissioner shall develop a procedure to |
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| 37 | 37 | | determine an employee's foreign language proficiency for purposes |
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| 38 | 38 | | of Subsection (b), including establishing or adopting a foreign |
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| 39 | 39 | | language proficiency exam. |
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| 40 | 40 | | (e) The department shall assume the costs associated with |
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| 41 | 41 | | administering the foreign language proficiency exam established or |
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| 42 | 42 | | adopted under Subsection (d) to employees. |
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| 43 | 43 | | (f) The division, district, or regional director of the |
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| 44 | 44 | | department where an employee is located shall determine whether the |
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| 45 | 45 | | employee in the division, district, or region is eligible under |
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| 46 | 46 | | Subsection (b) to receive supplemental pay. The manager or |
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| 47 | 47 | | supervisor of the employee shall verify that an employee who |
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| 48 | 48 | | applies to receive supplemental payments under this section meets |
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| 49 | 49 | | the eligibility requirements under Subsection (b) before approving |
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| 50 | 50 | | supplemental pay and that qualified employees receive supplemental |
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| 51 | 51 | | payments. |
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| 52 | 52 | | (g) An employee may apply to receive supplemental pay under |
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| 53 | 53 | | this section at any time during the employee's active employment |
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| 54 | 54 | | with the department. |
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| 55 | 55 | | (h) Supplemental pay given to employees under this section |
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| 56 | 56 | | must comply with human resources policies of the commission and |
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| 57 | 57 | | salary guidelines for the department. |
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| 58 | 58 | | (i) The department shall include information about the |
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| 59 | 59 | | supplemental pay available to a qualified employee under this |
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| 60 | 60 | | section in employment application forms and new employee |
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| 61 | 61 | | orientation presentations. |
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| 62 | 62 | | SECTION 2. Not later than September 1, 2019, the executive |
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| 63 | 63 | | commissioner of the Health and Human Services Commission shall |
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| 64 | 64 | | adopt rules to implement Section 40.0331, Human Resources Code, as |
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| 65 | 65 | | added by this Act. |
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| 66 | 66 | | SECTION 3. This Act takes effect immediately if it receives |
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| 67 | 67 | | a vote of two-thirds of all the members elected to each house, as |
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| 68 | 68 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 69 | 69 | | Act does not receive the vote necessary for immediate effect, this |
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| 70 | 70 | | Act takes effect September 1, 2017. |
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