85R12256 CJC-D
By: Biedermann H.B. No. 3362
A BILL TO BE ENTITLED
AN ACT
relating to a hiring freeze of nonessential personnel employed by a
state agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. HIRING FREEZE. (a) In this Act, "state agency"
means a public entity in the executive branch of state government
eligible under law to receive an appropriation.
(b) Except as provided by Subsection (d) of this Act, during
the state fiscal biennium that ends August 31, 2019, a state agency
may not:
(1) fill the position of an employee if the position:
(A) is vacant on September 1, 2017; or
(B) becomes vacant after September 1, 2017; 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, 2019, the comptroller shall deposit any
unexpended money appropriated for salary, wages, or benefits for a
vacant position to which Subsection (b) of this Act 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 Act 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 the position is
critically related to the agency's ability to perform its core
function. On such determination the agency shall:
(1) notify the governor and members of the Legislative
Budget Board of the nature of the critical vacancy; and
(2) provide other information relating to the critical
vacancy to the governor or members of the Legislative Budget Board
on request.
(e) Once a state agency provides notice of a critical
vacancy under Subsection (d) of this Act, the agency is not required
to provide notice before filling the position in the event of a
subsequent vacancy.
SECTION 2. EXPIRATION. This Act expires September 1, 2019.
SECTION 3. EFFECTIVE DATE. This Act takes effect September
1, 2017.