SRC-VRA H.B. 3441 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 3441
By: Pickett (Staples)
Finance
5/20/2003
Engrossed


DIGEST AND PURPOSE 

Due to the current budget shortfall,  state agencies and institutions of
higher education were asked to prioritize spending based on core functions
and essential services.  Legislators looked to these priorities in
preparation of the budget; however, certain statutory changes are also
needed to conform with appropriations levels in the 2004-05 General
Appropriations Act.  H.B. 3441 authorizes several statutory changes for
the general government agencies listed under Article I of the 2004-05
General Appropriations Act.   
   
RULEMAKING AUTHORITY

Provides that a rule, form, order, or procedure adopted by the Commission
on Human Rights is a rule, form, order, or procedure of the attorney
general's civil rights division and remains in effect until changed by the
attorney general in SECTION 17 of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 21, Labor Code, by adding Section
21.0015, as follows: 
 
Sec. 21.0015.  ATTORNEY GENERAL'S CIVIL RIGHTS DIVISION.  Provides that
the powers and duties exercised by the Commission on Human Rights under
this chapter are transferred to the attorney general's civil rights
division.  Provides that a reference in this chapter to the "commission"
means the attorney general's civil rights division. 
 
SECTION 2.  Amends Subchapter A, Chapter 301, Property Code, by adding
Section 301.0015, as follows: 
 
Sec. 301.0015.  ATTORNEY GENERAL'S CIVIL RIGHTS DIVISION.  Provides that
the powers and duties exercised by the Commission on Human Rights under
this chapter are transferred to the attorney general's civil rights
division.  Provides that a reference in this chapter to the "commission"
means the attorney general's civil rights division. 
 
SECTION 3.  Amends Chapter 402, Government Code, by adding Subchapter D,
as follows: 

SUBCHAPTER D.  CIVIL RIGHTS DIVISION

Sec. 402.101.  DEFINITIONS.  Defines "commission," "director," and
"division." 

Sec. 402.102.  GENERAL PROVISIONS.  (a) Provides that the division is an
independent division in the attorney general's office.  Requires the
division to be responsible for administering Chapter 21, Labor Code, and
Chapter 301, Property Code, including exercising the powers and duties
formerly exercised by the former Commission on Human Rights under those
laws. 
 
(b)  Provides that a reference in Chapter 21, Labor Code, Chapter 301,
Property Code, or any other law to the former Commission on Human Rights
means the division. 
 
 Sec. 402.103.  COMMISSION.  (a)  Provides that the division is governed
by a commission consisting of seven certain members. 
 
(b)  Requires the members of the commission established under this section
to be appointed by the governor.  Provides that in making appointments to
the commission, the governor must strive to achieve representation on the
commission that is diverse with respect to disability, religion, age,
economic status, sex, race, and ethnicity. 
 
(c)  Requires the governor to appoint the public members of the commission
from a list of names of individuals suggested by civil rights
organizations and groups. 
 
(d)  Provides that the term of office of each commissioner is six years.
Requires the governor to designate one commissioner to serve as presiding
officer. 
 
(e)  Provides that a commissioner is entitled to reimbursement of actual
and necessary expenses incurred in the performance of official duties. 
 
(f)  Requires the commission to establish policies for the division and
supervise the director in administering the activities of the division. 
 
(g)  Provides that the commission is the state authority established as a
fair employment practice agency and is authorized, with respect to an
unlawful employment practice, to perform certain tasks. 
  
Sec. 402.104.  DIRECTOR.  (a)  Requires the director to be appointed by
the commission to administer the powers and duties of the division. 
 
(b)  Requires the director, to be eligible for appointment, to have
relevant experience in the area of civil rights, specifically in working
to prevent the types of discrimination the division is charged with
preventing.  Requires the director to demonstrate a commitment to equal
opportunity for minorities, women, and the disabled.  Provides that the
director  should also have relevant experience with housing and employment
discrimination claims. 
 
Sec. 402.105.  INVESTIGATOR TRAINING PROGRAM;  PROCEDURES MANUAL. (a)
Prohibits a person who is employed under this chapter by the division as
an investigator from conducting an investigation until the person
completes a comprehensive training and education program for investigators
that complies with this section. 
 
  (b)  Requires the training program to provide the person with certain
information. 
  
(c)  Requires each investigator to annually complete a continuing
education program designed to provide investigators with the most recent
information available regarding the issues described by Subsection (b),
including legislative and judicial changes in the law. 
 
(d)  Requires the director to develop and biennially update an
investigation procedures manual.  Requires the manual to include
investigation procedures and information and authorizes it to include
information regarding the Equal Employment Opportunity Commission and the
United States Department of Housing and Urban Development. 
 
Sec. 402.106.  ANALYSIS OF DISCRIMINATION COMPLAINTS;  REPORT.  (a)
Requires the division to collect and report statewide information relating
to employment and housing discrimination complaints as required by this
section. 
 
(b)  Requires the division, each state fiscal year, to collect and analyze
information regarding employment and housing discrimination complaints
filed  with the division, the  Equal Employment Opportunity Commission,
the United States Department of Housing and Urban Development, and local
commissions in this state.  Requires the information to include certain
data. 
 
(c)  Requires the results of an analysis required under this section to be
included in the attorney general's annual report to the governor and
legislature. 

SECTION 4.  Amends Section 412.016(b), Government Code, to authorize the
attorney general, if the legislature does not appropriate money to the
crime victims' institute, to determine whether the institute must perform
the duties prescribed by this chapter. 
 
SECTION 5.  Amends the heading for Section 443.0101, Government Code, to
read as follows: 
 
 Sec. 443.0101.  CAPITOL TRUST FUND; CAPITOL ACCOUNT.
 
SECTION 6.  Amends Section 443.0101(a), Government Code, to require money
and securities donated to the State Preservation Board to be held in the
Capitol trust fund outside the treasury to be held by the comptroller as
trustee on behalf of the people of the state.  Requires funds other than
donated funds to be deposited in the general revenue fund in an account,
rather than a special fund, to be known as the Capitol account, rather
than fund.  Makes a conforming change. 
 
SECTION 7.  Amends Section 443.0103, Government Code, as follows:
 
Sec. 443.0103.  New heading:  CAPITAL RENEWAL ACCOUNT.  (a)  Provides that
the capital renewal account, rather than trust fund, is created as a
dedicated account in the general revenue fund.  Authorizes money in the
account to be used only to maintain and preserve the Capitol, the General
Land Office Building, their contents, and their grounds. Replaces "fund"
with "account."  Makes conforming changes. 
 
  (c) and (d)  Makes conforming changes.

Deletes Subsection (b), authorizing money in the fund to be used only for
the purpose of maintaining and preserving the Capitol, the General Land
Office Building, their contents, and their grounds. 
 
SECTION 8.  Amends Section 445.012, Government Code, as follows:
 
Sec. 445.012.  New heading:  MUSEUM ACCOUNT.  (a)  Requires money and
securities received by the museum to be deposited in the general revenue
fund, rather than held in trust outside the treasury by the comptroller,
in an account, rather than a special fund, to be known as the Bob Bullock
Texas State History Museum account, rather than fund.  Authorizes the
museum to spend money received by the museum for any purpose connected
with the museum. 
 
 (b), (c), (e), and (f)  Makes conforming changes. 
 
(d)  Authorizes, rather than requires, the state auditor, based on a risk
assessment and subject to the legislative audit committee's approval of
including the review in the audit plan under Section 321.013, to review
the annual report on the account. 
 
SECTION 9.  Amends Section 1551.003, Insurance Code, as effective June 1,
2003, by amending Subdivisions (3), (9), and (11) to redefine "basic
coverage," "full-time employee," "part-time employee," and adding
Subdivision (15) to define  "waiting period."  

SECTION 10.  Amends Section 1551.101, Insurance Code, as effective June 1,
2003, by amending Subsections (a), (b), and (e) and by adding Subsection
(f), as follows: 
 
(a)  Provides that an elected or appointed officer or employee who
performs service, other than as an independent contractor, for this state,
including an institution of higher  education, and who is described by
this section is eligible to participate in the group benefits program as
an employee on the first day of the calendar month that follows the
waiting period of the employee or officer. 
 
(b)  Provides that on the first day of the calendar month that follows an
individual's waiting period, the individual is eligible to participate in
the group benefits program as provided by Subsection (a) if the individual
receives compensation for service performed for this state pursuant to a
payroll certified by a state agency, other than an institution of higher
education, or by an elected or appointed officer of this state, including
certain payments. 
 
  (e)  Makes conforming changes.
 
(f)  Provides that the waiting period described by Subsections (a), (b),
and (e) applies only in determining the eligibility of an employee or
officer to participate in health benefits coverage under the group
benefits program.  Provides that the waiting period does not apply in
determining the eligibility of an officer or employee to participate in
optional and voluntary insurance coverages under the group benefits
program. 
 
SECTION 11.  Amends Sections 1551.102(a), (b), (c), (d), (f), and (g),
Insurance Code, as effective June 1, 2003, to conform to Section 27,
Chapter 1231, Acts of the 77th Legislature, Regular Session, 2001, as
follows: 
 
(a)  Provides that an individual who has at least 10 years of service
credit, as determined by the board of trustees, for which the individual
was eligible to participate in the group benefits program under Section
1551.101, or who has at least five years of membership and five years of
military service credited in the Employees Retirement System of Texas, and
who retires in a manner described by this section is eligible to
participate as an annuitant in the group benefits program.  Provides that
an individual who does not retire at the end of the last month in which
the individual is on the payroll of a state agency is eligible to enroll
in the group benefits program as an annuitant on the first day of the
calendar month that follows a period of time equal to the number of days
in a waiting period after the date the individual retires. 
 
(b)  Provides that an individual is eligible to participate in the group
benefits program as provided by Subsection (a) if the individual retires
under the jurisdiction of the Employees Retirement System of Texas and
receives or is eligible to receive an annuity under certain statutes. 
  
(c)  Provides than an individual is eligible to participate in the group
benefits program as provided by Subsection (a) if the individual retires
under the jurisdiction of the Teacher Retirement System of Texas, has at
least 10 years of eligible service credit, meets other requirements. 
  
(d)  Provides that an individual is eligible to participate in the group
benefits program as provided by Subsection (a) if the individual meets
certain requirements. 
  
(f)  Provides that an individual is eligible to participate as an
annuitant in the group benefits program if the individual is certified and
qualified as disabled and receives or is eligible to receive an annuity
under Section 814.202, 814.207, 834.201, or 839.201, Government Code. 
 
(g)  Provides that an individual is eligible to participate in the group
benefits program as provided by Subsection (a) if the individual is at
least 65 years of age and retires under a federal or state statutory
retirement program not described by another provision of this section.  
 
 SECTION 12.  Amends Section 1551.104, Insurance Code, as effective June
1, 2003, to make conforming changes and to add a new Subdivision (3) to
proposed text.  Deletes Subsection (b). 
 
SECTION 13.  Amends Section 1551.109(a), Insurance Code, as effective June
1, 2003, to provide that subject to Section 1551.351, on application to
the board of trustees and arrangement for payment of contributions, an
individual participating in the group benefits program on August 31, 2003,
as a current or a former member of a governing body with administrative
responsibility over a statutory state agency that has statewide
jurisdiction and whose employees are covered by this chapter, or an
individual participating in the group benefits program on August 31, 2003,
as a current or former member of the State Board of Education or of the
governing body of an institution of higher education remains eligible for
participation in a health benefit plan offered under this chapter if a
lapse in coverage has not occurred. 
 
SECTION 14.  Amends Section 1551.111(b), Insurance Code, as effective June
1, 2003, to provide that participation is limited to certain individuals. 
  
SECTION 15.  Amends Section 1551.112(a), Insurance Code, as effective June
1, 2003, to authorize an individual to participate in the group benefits
program as an annuitant and to obtain coverage for the individual's
dependents as any other participating annuitant if the individual retires
or is eligible to retire with at least 10 years of service credit under
the proportionate retirement program established by Chapter 803,
Government Code, or under a public retirement system to which Chapter 803
applies and is at least 65 years of age. 
 
SECTION 16.  Amends Sections 2.014(c) and (d), Family Code, as follows:
 
(c)  Authorizes, rather than requires, the premarital education handbook
under Subsection (b)(1) to be distributed to each applicant for a marriage
license as provided by Section 2.009(c)(5).  
 
(d)  Authorizes, rather than requires, the attorney general to appoint an
advisory committee to assist in the development of the premarital
education handbook.  Requires the advisory committee, if appointed, to
consist of nine members, including at least three members who are eligible
under Section 2.013(d) to provide a premarital education course.  
 
SECTION 17.  Provides that on September 1, 2003:
  
(1)  the Commission on Human Rights as it exists immediately before that
date is abolished and the offices of the members of the commission serving
on that date are abolished; 
  
(2)  all powers, duties, functions, and activities performed by the
Commission on Human Rights immediately before that date are transferred to
the attorney general's civil rights division; 
  
(3)  a rule, form, order, or procedure adopted by the Commission on Human
Rights is a rule, form, order, or procedure of the attorney general's
civil rights division and remains in effect until changed by the attorney
general; 
  
(4)  a reference in law to the Commission on Human Rights means the
attorney general's civil rights division; 
  
  (5)  a complaint, investigation, or other proceeding pending before the 
Commission on Human Rights under Chapter 21, Labor Code, Chapter 301,
Property Code, or any other law is transferred without change in status to
the attorney general's civil rights division; 
  
(6)  all obligations, rights, and contracts of the Commission on Human
Rights are transferred to the attorney general's civil rights division;
and 
   
(7)  all property, including records and money, in the custody of the
Commission on Human Rights and all funds appropriated by the legislature
for the Commission on Human Rights, including federal funds, must be
transferred to the attorney general's civil rights division. 
 
SECTION 18.  Requires the governor, not later than November 1, 2003, to
appoint new members to the Commission on Human Rights established under
Subchapter D, Chapter 402, Government Code, as added by this Act.
Requires the governor, in appointing members under this section, to
appoint certain members for specified terms. 
 
SECTION 19.  Provides that notwithstanding any statute of this state, each
state agency that receives an appropriation under Article I of the General
Appropriations Act is authorized to reduce or recover expenditures by
adopting and collecting fees or charges to cover any cost the agency
incurs in performing its lawful functions. 
 
SECTION 20.  Repealer:  
  
  (1)  Sections 251.032, 254.036(j), and 258.005, Election Code;
  (2)  Chapter 461, Government Code;
  (3)  Sections 572.030(b) and (c), Government Code;
  (4)  Sections 1551.101(c) and (d), Insurance Code, as effective June 1,
2003; 
  (5)  Sections 21.002(2) and (3), Labor Code; and
  (6)  Sections 301.003(3), 301.061, and 301.064, Property Code.
 
SECTION 21.  Effective date:  upon passage or September 1, 2003.