Texas 2023 - 88th Regular

Texas House Bill HB3924 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R14000 LRM-D
2	2	By: Oliverson H.B. No. 3924
3	3	Substitute the following for H.B. No. 3924:
4	4	By: Metcalf C.S.H.B. No. 3924
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to state agency employment openings and aptitude
10	10	assessments.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 656.002, Government Code, is amended by
13	13	amending Subsections (b), (c), and (e) and adding Subsections (f)
14	14	and (g) to read as follows:
15	15	(b) The online system for listing state agency employment
16	16	openings maintained by the Texas Workforce Commission must allow an
17	17	applicant for employment to:
18	18	(1) complete a single state application and the
19	19	standardized aptitude test described by Section 656.028 online; and
20	20	(2) enter the application and the standardized
21	21	aptitude test into an online database from which the applicant may
22	22	electronically send the application and the standardized aptitude
23	23	test to multiple state agencies.
24	24	(c) The Texas Workforce Commission shall:
25	25	(1) prescribe a standard electronic format for the
26	26	online application and standardized aptitude test described by
27	27	Subsection (b); and
28	28	(2) ensure that the commission's online system allows
29	29	an applicant to submit and a state agency to receive an online
30	30	application and the standardized aptitude test for state agency
31	31	employment.
32	32	(e) This section does not prohibit a state agency from
33	33	accepting an application for an employment opening, the
34	34	standardized aptitude test, or a specialized aptitude test in a
35	35	manner other than the manner described by this section.
36	36	(f) The online system must inform an applicant that the
37	37	applicant is not required to complete the standardized aptitude
38	38	test to apply for an employment opening.
39	39	(g) The online system must list the classified positions for
40	40	which the standardized aptitude test will be accepted.
41	41	SECTION 2. Subchapter B, Chapter 656, Government Code, is
42	42	amended by adding Section 656.028 to read as follows:
43	43	Sec. 656.028. APTITUDE ASSESSMENTS. (a) In this section:
44	44	(1) "Career education and training program" has the
45	45	meaning assigned by Section 2308A.001.
46	46	(2) "Specialized aptitude test" means an assessment of
47	47	the competencies and skills needed for a specific state agency
48	48	position that are not measured by the standardized aptitude test,
49	49	including a skills demonstration, skills-based questionnaire,
50	50	skills-based interview, and any other valid skills measurement
51	51	strategy.
52	52	(3) "Standardized aptitude test" means the uniform
53	53	assessment that measures the skill set of a job applicant developed
54	54	by the state auditor under this section.
55	55	(b) Each state agency shall at least once each calendar year
56	56	review each classified position in the state agency to determine
57	57	the skills needed for each position. The state agency shall compile
58	58	a list of skills for each position identified under this subsection
59	59	and submit the list to the state auditor.
60	60	(c) The state auditor shall review each list of skills for
61	61	each position submitted under Subsection (b) and determine the
62	62	skills shared across state agency classified positions. The state
63	63	auditor shall develop, in consultation with state agencies, a
64	64	standardized aptitude test to determine whether a job applicant has
65	65	the shared skills. The state auditor may contract with a person
66	66	that specializes in certification of occupation-based skills
67	67	assessments to develop, certify, or evaluate the results of the
68	68	standardized aptitude test.
69	69	(d) The Texas Workforce Commission shall make the
70	70	standardized aptitude test available on the online state agency
71	71	employment applications system described by Section 656.002.
72	72	(e) If a state agency determines a specialized aptitude test
73	73	would improve the agency's hiring process, the agency must consult
74	74	with the Tri-Agency Workforce Initiative established by Chapter
75	75	2308A to align the career education and training programs and state
76	76	workforce development strategies developed under Section 2308A.006
77	77	with the competencies and skills measured by the test.
78	78	(f) A state agency may not consider the fact that an
79	79	applicant for employment did not complete the standardized aptitude
80	80	test in making a hiring determination.
81	81	(g) The state auditor shall adopt rules necessary to
82	82	implement this section, including rules that require a state agency
83	83	to accept the standardized aptitude test as an alternative to a
84	84	hiring requirement that relates to an applicant's education or
85	85	experience, as determined appropriate by the state auditor.
86	86	SECTION 3. Each state agency shall complete the initial
87	87	review required by Section 656.028(b), Government Code, as added by
88	88	this Act, and submit the list of skills for each position to the
89	89	state auditor not later than December 1, 2024.
90	90	SECTION 4. This Act takes effect September 1, 2023.