By:  Pickett                                                      H.B. No. 3441


A BILL TO BE ENTITLED
AN ACT
relating to a reduction in expenditures of certain state governmental entities, including changes affecting the Commission on Human Rights, benefits under the state employees group benefits program, attorney general's office, management of certain accounts and funds, and certain election-related forms. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 21, Labor Code, is amended by adding Section 21.0015 to read as follows: Sec. 21.0015. ATTORNEY GENERAL'S CIVIL RIGHTS DIVISION. The powers and duties exercised by the Commission on Human Rights under this chapter are transferred to the attorney general's civil rights division. A reference in this chapter to the "commission" means the attorney general's civil rights division. SECTION 2. Subchapter A, Chapter 301, Property Code, is amended by adding Section 301.0015 to read as follows: Sec. 301.0015. ATTORNEY GENERAL'S CIVIL RIGHTS DIVISION. The powers and duties exercised by the Commission on Human Rights under this chapter are transferred to the attorney general's civil rights division. A reference in this chapter to the "commission" means the attorney general's civil rights division. SECTION 3. Chapter 402, Government Code, is amended by adding Subchapter D to read as follows:
SUBCHAPTER D. CIVIL RIGHTS DIVISION
Sec. 402.101. DEFINITIONS. In this subchapter: (1) "Commission" means the Commission on Human Rights. (2) "Director" means the director of the division. (3) "Division" means the civil rights division of the attorney general's office. Sec. 402.102. GENERAL PROVISIONS. (a) The division is an independent division in the attorney general's office. The division shall 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) 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) The division is governed by a commission consisting of seven members as follows: (1) one member who represents industry; (2) one member who represents labor; and (3) five members who represent the public. (b) The members of the commission established under this section shall be appointed by the governor. In making appointments to the commission, the governor shall strive to achieve representation on the commission that is diverse with respect to disability, religion, age, economic status, sex, race, and ethnicity. (c) The governor shall appoint the public members of the commission from a list of names of individuals suggested by civil rights organizations and groups. (d) The term of office of each commissioner is six years. The governor shall designate one commissioner to serve as presiding officer. (e) A commissioner is entitled to reimbursement of actual and necessary expenses incurred in the performance of official duties. (f) The commission shall establish policies for the division and supervise the director in administering the activities of the division. (g) The commission is the state authority established as a fair employment practice agency and is authorized, with respect to an unlawful employment practice, to: (1) grant relief from the practice; (2) seek relief from the practice; or (3) institute criminal proceedings. Sec. 402.104. DIRECTOR. (a) The director shall be appointed by the commission to administer the powers and duties of the division. (b) To be eligible for appointment, the director must have relevant experience in the area of civil rights, specifically in working to prevent the types of discrimination the division is charged with preventing. The director must demonstrate a commitment to equal opportunity for minorities, women, and the disabled. The director should also have relevant experience with housing and employment discrimination claims. Sec. 402.105. INVESTIGATOR TRAINING PROGRAM; PROCEDURES MANUAL. (a) A person who is employed under this chapter by the division as an investigator may not conduct an investigation until the person completes a comprehensive training and education program for investigators that complies with this section. (b) The training program must provide the person with information regarding: (1) the requirements relating to employment adopted under the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.) and its subsequent amendments, with a special emphasis on requirements regarding reasonable accommodations; (2) various types of disabilities and accommodations appropriate in an employment setting for each type of disability; and (3) fair employment and housing practices. (c) Each investigator shall 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) The director shall develop and biennially update an investigation procedures manual. The manual must include investigation procedures and information and may 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) The division shall collect and report statewide information relating to employment and housing discrimination complaints as required by this section. (b) Each state fiscal year, the division shall 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. The information must include: (1) an analysis of employment complaints filed by the basis of the complaint, including: (A) sex, race, color, age, disability, national origin, religion, and genetic information; and (B) retaliatory actions against the complainant; (2) an analysis of housing complaints filed by the basis of the complaint, including sex, race, color, disability, national origin, religion, and familial status; (3) an analysis of employment complaints filed by issue, including discharge, terms and conditions, sexual harassment, promotion, hiring, demotion, and layoff; (4) an analysis of housing complaints filed by issue, including terms and conditions, refusal to rent or sell, discriminatory financing or advertising, and false representation; (5) an analysis of employment and housing cases closed by the reason the case was closed, including findings or determinations of cause or no cause, successful conciliation, right to sue issued, complaint withdrawn after resolution, no-fault settlement, failure to cooperate by the complainant, and lack of jurisdiction; and (6) the average processing time for complaints resolved by the division in each state fiscal year, regardless of whether the complaint was filed in the same fiscal year in which the complaint was resolved. (c) The results of an analysis required under this section shall be included in the attorney general's annual report to the governor and legislature. SECTION 4. Section 412.016(b), Government Code, is amended to read as follows: (b) The legislature may appropriate money to the institute to finance the performance of the duties of the institute. If the legislature does not appropriate money to the institute, the attorney general may determine whether the institute shall perform the duties prescribed by this chapter. SECTION 5. The heading for Section 443.0101, Government Code, is amended to read as follows: Sec. 443.0101. CAPITOL TRUST FUND; CAPITOL ACCOUNT. SECTION 6. Section 443.0101(a), Government Code, is amended to read as follows: (a) Money and securities donated to the board shall 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. Funds other than donated funds shall be deposited in the general revenue fund in an account [a special fund] to be known as the Capitol account [fund]. The comptroller shall manage and invest the account [fund] on behalf of the board as directed or agreed to by the board. SECTION 7. Section 443.0103, Government Code, is amended to read as follows: Sec. 443.0103. CAPITAL RENEWAL ACCOUNT [TRUST FUND]. (a) The capital renewal account [trust fund] is created as a dedicated account in the general revenue fund. Money in the account may be used only [trust fund outside the treasury with the comptroller and shall be administered by the board, as a trustee on behalf of the people of this state,] to maintain and preserve the Capitol, the General Land Office Building, their contents, and their grounds. The account [fund] consists of money transferred to the account [fund]: (1) at the direction of the legislature; or (2) in accordance with this section. [(b) Money in the fund may be used only for the purpose of maintaining and preserving the Capitol, the General Land Office Building, their contents, and their grounds.] (c) The interest received from investment of money in the account [fund] shall be credited to the account [fund]. (d) The board may transfer money from [any account of] the Capitol account [fund] to the capital renewal account [trust fund], other than money that was donated to the board, derived from a security or other thing of value donated to the board, or earned as interest or other income on a donation to the board, if the board determines that after the transfer there will be a sufficient amount of money in the [applicable account of the] Capitol account [fund] to accomplish the purposes for which the account was created. SECTION 8. Section 445.012, Government Code, is amended to read as follows: Sec. 445.012. MUSEUM ACCOUNT [FUND]. (a) Money and securities received by the museum shall be deposited in the general revenue fund [held in trust outside the treasury by the comptroller] in an account [a special fund] to be known as the Bob Bullock Texas State History Museum account [fund]. The museum may spend money received by the museum for any purpose connected with the museum. (b) The comptroller shall manage and invest the account [fund] on behalf of the museum as directed or agreed to by the museum. Interest, dividends, and other income of the account [fund] shall be credited to the account [fund]. (c) The museum shall prepare a detailed annual report on the account [fund]. That report must describe the status of the account [fund], list all donations to the account [fund], including the name of each donor, and list all disbursements from the account [fund], including the purpose of each disbursement. (d) 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, may [shall annually] review the annual report on the account [fund], and any information used in preparing the report as the auditor determines necessary, and shall report any findings or recommendations to the museum and the legislative audit committee. (e) The account [fund] is not subject to Subchapter F, Chapter 404. A provision of this chapter or other law that provides for the deposit of money or another thing of value into the account [fund] prevails over Subchapter F, Chapter 404. (f) Subtitle D, Title 10, does not apply to a purchase or lease made with money from the account [fund]. SECTION 9. Section 1551.003, Insurance Code, as effective June 1, 2003, is amended by amending Subdivisions (3), (9), and (11) and adding Subdivision (15) to read as follows: (3) "Basic coverage" means the group coverage plans determined by the board of trustees in which each eligible full-time employee and annuitant participates automatically unless participation is specifically waived. (9) "Full-time employee" means: (A) an employee, other than an employee described by Paragraph (B) or (C), who is designated by the employer as working 40 [20] or more hours a week; (B) an employee of the Texas School for the Blind and Visually Impaired who is employed under a contract under Section 30.024, Education Code, and who is designated as a full-time employee by the superintendent of the school; or (C) an employee of the Texas School for the Deaf who is employed under a contract under Section 30.055, Education Code, and who is designated as a full-time employee by the superintendent of the school. (11) "Part-time employee" means an employee designated by the employer as working less than 40 [20] hours a week. (15) "Waiting period" means a 90-day period that begins on the first day a person is employed by a state agency or begins to hold an elected or appointed office of the state and ends on the 91st day after that day. The term includes the 90-day period that begins on the first day a former state employee is reemployed or a former public officer begins to hold office again. SECTION 10. Section 1551.101, Insurance Code, as effective June 1, 2003, is amended by amending Subsections (a), (b), and (e) and by adding Subsection (f) to read as follows: (a) 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) On the first day of the calendar month that follows an individual's waiting period, the [An] 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 a payment made from: (1) an amount appropriated by the legislature from a state fund; (2) a trust fund held by the comptroller; or (3) money paid under the official budget of a state agency, other than money appropriated under a general appropriations act. (e) On the first day of the calendar month that follows an individual's waiting period, the [An] individual is eligible to participate in the group benefits program as provided by Subsection (a) if the individual receives compensation for service performed for an institution of higher education pursuant to a payroll certified by an institution of higher education or by an elected or appointed officer of this state and [either: [(1)] is eligible to be a member of the Teacher Retirement System of Texas[; or [(2) is employed at least 20 hours a week and is not permitted to be a member of the Teacher Retirement System of Texas because the individual is employed by an institution of higher education only in a position that as a condition of employment requires the individual to be enrolled as a student in the institution in graduate-level courses]. (f) 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. 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. Sections 1551.102(a), (b), (c), (d), (f), and (g), Insurance Code, as effective June 1, 2003, are amended to conform to Section 27, Chapter 1231, Acts of the 77th Legislature, Regular Session, 2001, and further amended to read as follows: (a) 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. 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) An individual is eligible to participate in the group benefits program as provided by Subsection (a) if the individual [: (1)] retires under the jurisdiction of the Employees Retirement System of Texas[;] and [(2)] receives or is eligible to receive an annuity under: (1) Section 814.104(a)(2), Government Code, and has at least 10 years of eligible service credit; (2) Chapter 803, Government Code, or Section 814.104(a)(1), Government Code, has at least 10 years of eligible service credit, and is at least 65 years of age; or (3) [Subtitle B, D, or E, Title 8, Government Code, or Chapter 803, Government Code, that is based on at least 10 years of service credit or eligibility under] Section 814.002, [or] 814.102, 814.104(b), 814.107(a), 834.101, or 839.101, Government Code. (c) An individual is eligible to participate in the group benefits program as provided by Subsection (a) if the individual[: (1)] retires under the jurisdiction of the Teacher Retirement System of Texas, has at least 10 years of eligible service credit, and: (1) is at least 65 years of age or has accumulated an amount of eligible service credit that, when added to the individual's age, equals or exceeds the number 80; (2) receives or is eligible to receive an annuity under [Subtitle C, Title 8, Government Code, or] Chapter 803, Government Code, and is at least 65 years of age [that is based on at least 10 years of service credit]; and (3) was employed, as the last state employment before retirement, including employment by a public junior college, by a state agency whose employees are authorized to participate in the group benefits program. (d) An individual is eligible to participate in the group benefits program as provided by Subsection (a) if the individual: (1) retires under the optional retirement program established by Chapter 830, Government Code, with at least 10 years of eligible service; and (2) receives or is eligible to receive an annuity under that program and the individual: (A) is at least 65 years of age and would have been eligible to retire and receive a service or disability retirement annuity from the Teacher Retirement System of Texas or the Employees Retirement System of Texas based on at least 10 years of service credit if the individual had not elected to participate in the optional retirement program; or (B) is disabled as determined by the Employees Retirement System of Texas. (f) An individual is eligible to participate as an annuitant in the group benefits program [as provided by Subsection (a)] 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 [a retired officer or employee of a retirement system described by Section 1551.111]. (g) 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, to which an institution of higher education has made employer contributions, and the individual has met service requirements, age requirements, and other applicable requirements comparable to the requirements for retirement under the Teacher Retirement System of Texas, based on at least 10 years of service credit. SECTION 12. Section 1551.104, Insurance Code, as effective June 1, 2003, is amended to read as follows: Sec. 1551.104. AUTOMATIC COVERAGE. Subject to Sections 1551.101 and 1551.102, each [(a) Each] full-time employee is covered automatically by the basic coverage plan for employees and each annuitant is covered by the basic coverage plan for annuitants unless: (1) participation is specifically waived; [or] (2) the employee or annuitant is expelled from the program under Section 1551.351; or (3) eligibility for coverage is limited by another section of this chapter. [(b) This section does not apply to an employee described by Section 1551.101(e)(2).] SECTION 13. Section 1551.109(a), Insurance Code, as effective June 1, 2003, is amended to read as follows: (a) 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 [a former member of a governing body described by Section 1551.101(c) or a former member] 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 [after the end of the former member's term] has not occurred. SECTION 14. Section 1551.111(b), Insurance Code, as effective June 1, 2003, is amended to read as follows: (b) Participation is limited to: (1) an officer or employee of either system who is an officer or employee of either system on the first day of the calendar month that follows the waiting period of the officer or employee; (2) an eligible dependent of an officer or employee of either system described by Subdivision (1); (3) an individual who: (A) was an officer or employee of either system; (B) has retired from either system and meets the eligibility requirements for participation under Section 1551.102(a); (C) receives or is eligible to receive an annuity from either system or under Chapter 803, Government Code, based on at least 10 years of service credit and is at least 65 years of age; and (D) has at least 10 [three] years of service credit with a state agency whose employees are authorized to participate in the group benefits program; and (4) an eligible dependent of a retired officer or employee described by Subdivision (3). SECTION 15. Section 1551.112(a), Insurance Code, as effective June 1, 2003, is amended to read as follows: (a) An individual may participate in the group benefits program as an annuitant and may obtain coverage for the individual's dependents as any other participating annuitant if the individual: (1) began employment with, or became an officer of, the Texas Turnpike Authority within the three-year period preceding August 31, 1997; (2) was an officer or employee of the Texas Turnpike Authority on August 31, 1997; (3) became an officer or employee of the North Texas Tollway Authority on September 1, 1997; and (4) 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. Sections 2.014(c) and (d), Family Code, are amended to read as follows: (c) The premarital education handbook under Subsection (b)(1) may [shall] be distributed to each applicant for a marriage license as provided by Section 2.009(c)(5) and shall contain information on: (1) conflict management; (2) communication skills; (3) children and parenting responsibilities; and (4) financial responsibilities. (d) The attorney general may [shall] appoint an advisory committee to assist in the development of the premarital education handbook. If appointed, the [The] advisory committee shall consist of nine members, including at least three members who are eligible under Section 2.013(d) to provide a premarital education course. A member of the advisory committee is not entitled to reimbursement of the member's expenses. SECTION 17. 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, shall be transferred to the attorney general's civil rights division. SECTION 18. Not later than November 1, 2003, the governor shall appoint new members to the Commission on Human Rights established under Subchapter D, Chapter 402, Government Code, as added by this Act. In appointing members under this section, the governor shall appoint: (1) two members for terms expiring February 1, 2005; (2) two members for terms expiring February 1, 2007; and (3) three members for terms expiring February 1, 2009. SECTION 19. 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. The following laws are repealed: (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. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.