| 1 | 1 | | 89R3739 JCG-D |
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| 2 | 2 | | By: Tepper H.B. No. 1366 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to limiting the duration of employment of certain state |
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| 10 | 10 | | employees. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Chapter 651, Government Code, is amended by |
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| 13 | 13 | | adding Section 651.011 to read as follows: |
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| 14 | 14 | | Sec. 651.011. LIMITATION ON EMPLOYMENT DURATION FOR CERTAIN |
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| 15 | 15 | | STATE EMPLOYEES. (a) In this section: |
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| 16 | 16 | | (1) "Faculty member" means a person who is employed by |
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| 17 | 17 | | an institution of higher education on a full-time basis as a member |
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| 18 | 18 | | of the faculty or staff and whose primary duties include teaching or |
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| 19 | 19 | | research. |
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| 20 | 20 | | (2) "State agency" means: |
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| 21 | 21 | | (A) a department, commission, board, office, |
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| 22 | 22 | | council, authority, or other agency in the executive branch of |
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| 23 | 23 | | state government that is created by the constitution or a statute of |
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| 24 | 24 | | this state, including a university system or institution of higher |
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| 25 | 25 | | education as defined by Section 61.003, Education Code; or |
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| 26 | 26 | | (B) either house of the legislature or a |
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| 27 | 27 | | legislative agency, council, or committee, including the |
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| 28 | 28 | | Legislative Budget Board, the Texas Legislative Council, the State |
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| 29 | 29 | | Auditor's Office, and the Legislative Reference Library. |
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| 30 | 30 | | (3) "State employee" means a person who is employed by |
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| 31 | 31 | | a state agency. The term does not include an elected official. |
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| 32 | 32 | | (b) This section does not apply to a faculty member. |
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| 33 | 33 | | (c) A person may not be employed as a state employee for one |
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| 34 | 34 | | or more periods that cumulatively exceed 24 years. The governing |
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| 35 | 35 | | body of the employing state agency shall immediately terminate the |
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| 36 | 36 | | employment of a person who becomes ineligible for employment under |
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| 37 | 37 | | this subsection. |
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| 38 | 38 | | (d) For purposes of determining a person's ineligibility |
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| 39 | 39 | | for employment under this section, only the length of the person's |
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| 40 | 40 | | employment after January 1, 2026, may be considered. |
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| 41 | 41 | | SECTION 2. If an employment relationship described by |
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| 42 | 42 | | Section 651.011, Government Code, as added by this Act, is governed |
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| 43 | 43 | | by an employment contract that was entered into before the |
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| 44 | 44 | | effective date of this Act, this Act only applies to any renewal of |
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| 45 | 45 | | that contract occurring on or after the effective date of this Act. |
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| 46 | 46 | | SECTION 3. This Act takes effect January 1, 2026, but only |
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| 47 | 47 | | if the constitutional amendment proposed by the 89th Legislature, |
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| 48 | 48 | | Regular Session, 2025, to limit the time that a person may serve as |
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| 49 | 49 | | a member of the Texas Legislature, a statewide elected officer in |
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| 50 | 50 | | the executive branch, or a state employee in the legislative or |
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| 51 | 51 | | executive branch of state government is approved by the voters. If |
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| 52 | 52 | | that amendment is not approved by the voters, this Act has no |
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| 53 | 53 | | effect. |
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