| 1 | 1 | | 85R12256 CJC-D |
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| 2 | 2 | | By: Biedermann H.B. No. 3362 |
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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 a hiring freeze of nonessential personnel employed by a |
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| 8 | 8 | | state agency. |
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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. HIRING FREEZE. (a) In this Act, "state agency" |
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| 11 | 11 | | means a public entity in the executive branch of state government |
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| 12 | 12 | | eligible under law to receive an appropriation. |
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| 13 | 13 | | (b) Except as provided by Subsection (d) of this Act, during |
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| 14 | 14 | | the state fiscal biennium that ends August 31, 2019, a state agency |
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| 15 | 15 | | may not: |
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| 16 | 16 | | (1) fill the position of an employee if the position: |
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| 17 | 17 | | (A) is vacant on September 1, 2017; or |
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| 18 | 18 | | (B) becomes vacant after September 1, 2017; or |
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| 19 | 19 | | (2) divert to any other use money appropriated for the |
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| 20 | 20 | | salary, wages, or benefits attributable to a position described by |
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| 21 | 21 | | Subdivision (1) of this subsection. |
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| 22 | 22 | | (c) On September 1, 2019, the comptroller shall deposit any |
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| 23 | 23 | | unexpended money appropriated for salary, wages, or benefits for a |
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| 24 | 24 | | vacant position to which Subsection (b) of this Act applies to the |
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| 25 | 25 | | credit of the fund or account from which the money was appropriated. |
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| 26 | 26 | | (d) A state agency may fill a vacant position described by |
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| 27 | 27 | | Subsection (b) of this Act and use to fill that position money |
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| 28 | 28 | | appropriated for the salary, wages, or benefits attributable to the |
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| 29 | 29 | | position only if the agency first determines that the position is |
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| 30 | 30 | | critically related to the agency's ability to perform its core |
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| 31 | 31 | | function. On such determination the agency shall: |
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| 32 | 32 | | (1) notify the governor and members of the Legislative |
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| 33 | 33 | | Budget Board of the nature of the critical vacancy; and |
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| 34 | 34 | | (2) provide other information relating to the critical |
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| 35 | 35 | | vacancy to the governor or members of the Legislative Budget Board |
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| 36 | 36 | | on request. |
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| 37 | 37 | | (e) Once a state agency provides notice of a critical |
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| 38 | 38 | | vacancy under Subsection (d) of this Act, the agency is not required |
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| 39 | 39 | | to provide notice before filling the position in the event of a |
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| 40 | 40 | | subsequent vacancy. |
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| 41 | 41 | | SECTION 2. EXPIRATION. This Act expires September 1, 2019. |
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| 42 | 42 | | SECTION 3. EFFECTIVE DATE. This Act takes effect September |
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| 43 | 43 | | 1, 2017. |
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