85R9032 MM-F
By: González of El Paso H.B. No. 2401
A BILL TO BE ENTITLED
AN ACT
relating to supplemental pay for certain employees of the
Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 40, Human Resources Code,
is amended by adding Section 40.0331 to read as follows:
Sec. 40.0331. SUPPLEMENTAL PAY FOR PROFICIENCY IN A FOREIGN
LANGUAGE. (a) In this section, "employee" means a person who is
employed by the department as:
(1) a direct delivery caseworker in the adult
protective services, child protective services, child care
licensing, or statewide intake division of the department;
(2) a human services technician in the child
protective services division of the department; or
(3) an administrative assistant in the adult
protective services, child protective services, child care
licensing, or statewide intake division of the department.
(b) The department shall pay a supplement not to exceed 6.8
percent of the employee's base salary to an employee who is
proficient in both English and a second language if:
(1) the executive commissioner determines that:
(A) proficiency in the second language is
beneficial to serving the department's clients; and
(B) there is not an efficient alternative
available to meet the department's needs; and
(2) the employee is able to demonstrate proficiency in
the second language by demonstrating reading, writing, and
conversation skills as determined by the department.
(c) Supplemental pay to an employee under this section is in
addition to the employee's regular compensation.
(d) The executive commissioner shall develop a procedure to
determine an employee's foreign language proficiency for purposes
of Subsection (b), including establishing or adopting a foreign
language proficiency exam.
(e) The department shall assume the costs associated with
administering the foreign language proficiency exam established or
adopted under Subsection (d) to employees.
(f) The division, district, or regional director of the
department where an employee is located shall determine whether the
employee in the division, district, or region is eligible under
Subsection (b) to receive supplemental pay. The manager or
supervisor of the employee shall verify that an employee who
applies to receive supplemental payments under this section meets
the eligibility requirements under Subsection (b) before approving
supplemental pay and that qualified employees receive supplemental
payments.
(g) An employee may apply to receive supplemental pay under
this section at any time during the employee's active employment
with the department.
(h) Supplemental pay given to employees under this section
must comply with human resources policies of the commission and
salary guidelines for the department.
(i) The department shall include information about the
supplemental pay available to a qualified employee under this
section in employment application forms and new employee
orientation presentations.
SECTION 2. Not later than September 1, 2019, the executive
commissioner of the Health and Human Services Commission shall
adopt rules to implement Section 40.0331, Human Resources Code, as
added by this Act.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.