CHAPTER 651. GENERAL PROVISIONS - Texas Statutes

GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE B. STATE OFFICERS AND EMPLOYEES

CHAPTER 651. GENERAL PROVISIONS

Sec. 651.001. DEFINITION. In any state statute, "officer" means

an officer of this state unless otherwise expressly provided.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 651.002. BENEFITS OF AND RESTRICTIONS ON STATE EMPLOYEES

WORKING OUT OF STATE. A state employee who is required to work

outside of this state is entitled to the same benefits and is

subject to the same restrictions provided by law for other state

employees, including vacation, leave from employment, and the

employment policies and restrictions provided by the General

Appropriations Act.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 651.003. WRITTEN STATEMENT OF DISSENTING BOARD MEMBER. A

member of the governing board of an agency in the executive

branch of state government may dissent from an action taken by

the board and is entitled to enter a written statement of dissent

into the minutes of the meeting.

Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,

1993.

Sec. 651.004. MANAGEMENT-TO-STAFF RATIOS. (a) A state agency

shall develop procedures for use in achieving a

management-to-staff ratio of one manager for each 11 staff

members.

(b) In this section, "state agency" has the meaning assigned by

Section 2052.101.

(c) A state agency in the executive branch of state government

that employs more than 100 full-time equivalent employees may not

employ more than one full-time equivalent employee in a

management position for every 11 full-time equivalent employees

that the agency employs in nonmanagerial staff positions.

(d) A state agency that believes that the minimum

management-to-staff ratios required by this section are

inappropriate for that agency may appeal to the Legislative

Budget Board. The Legislative Budget Board by rule shall adopt

appeal procedures.

(e) The Department of Family and Protective Services is not

required to comply with management-to-staff ratio requirements of

this section with respect to caseworker supervisors, program

directors, and program administrators.

(f) The Parks and Wildlife Department is not required to comply

with management-to-staff ratio requirements of this section with

respect to employees located in field-based operations.

Added by Acts 1997, 75th Leg., ch. 1035, Sec. 88, eff. June 19,

1997. Amended by Acts 2003, 78th Leg., ch. 200, Sec. 16(a), eff.

Sept. 1, 2003; Acts 2003, 78th Leg., ch. 200, Sec. 16(b), eff.

Sept. 1, 2004; Acts 2003, 78th Leg., ch. 200, Sec. 16(c), eff.

Sept. 1, 2005; Acts 2003, 78th Leg., ch. 200, Sec. 16(d), eff.

Sept. 1, 2006.

Amended by:

Acts 2005, 79th Leg., Ch.

268, Sec. 1.71, eff. September 1, 2005.

Acts 2007, 80th Leg., R.S., Ch.

1159, Sec. 14, eff. June 15, 2007.

Sec. 651.005. REQUIREMENT OF SELECTIVE SERVICE REGISTRATION OR

EXEMPTION. (a) An agency in any branch of state government may

not hire a person as an employee if the person is of the age and

gender that would require a person residing in the United States

to register with the selective service system under federal law,

unless the person presents proof of the person's:

(1) registration with the selective service system as required

by federal law; or

(2) exemption from registration with the selective service

system.

(b) This section does not apply to a person employed by a state

agency before September 1, 1999, as long as the person's

employment by the agency is continuous.

Added by Acts 1999, 76th Leg., ch. 171, Sec. 1, eff. Sept. 1,

1999.

Sec. 651.006. REDUCTIONS IN FORCE. A state governmental entity

undergoing a reorganization mandated by statute may institute a

reduction in force as a direct result of the reorganization,

notwithstanding a rule, personnel handbook, or policy of the

entity to the contrary.

Added by Acts 1999, 76th Leg., ch. 279, Sec. 1, eff. Sept. 1,

1999. Renumbered from Sec. 651.005 by Acts 2001, 77th Leg., ch.

1420, Sec. 21.001(56), eff. Sept. 1, 2001.

Sec. 651.007. EXIT INTERVIEWS. (a) In this section, "state

agency" means a board, commission, council, committee,

department, office, agency, or other governmental entity in the

executive, legislative, or judicial branch of state government.

The term does not include an institution of higher education as

defined by Section 61.003, Education Code.

(b) Each state agency shall conduct an exit interview with an

employee who leaves employment with the agency. The state agency

shall conduct the exit interview by having the employee access

the questionnaire posted on the state auditor's Internet site and

electronically submit the completed questionnaire to the state

auditor. The questionnaire must state that the employee has the

option of having the employee's questionnaire furnished to the

head of the agency or the governor's office.

(c) The state agency shall conduct the exit interview in a

manner that allows the employee alone to describe the employee's

reason for leaving employment. The state agency may not alter the

description stated by the employee. The state agency may not have

access to the questionnaire unless it is provided by the employee

under Subsection (b).

(d) Subject to Subsection (j), the state auditor shall develop

the exit interview questionnaire. In developing the questionnaire

under this subsection, the state auditor shall consult with the

comptroller and representatives designated by the comptroller

from small, medium, and large state agencies.

(e) Not later than the 15th day following the end of the

calendar quarter, the state auditor shall submit, subject to

Subsection (j), a report to each state agency containing the

responses to the exit interview questionnaire submitted by each

former employee of the agency during the preceding quarter. The

state auditor's report may not contain the name of an employee or

any other information identifying the employee.

(f) A state agency may not share the responses to an exit

interview questionnaire with another state agency.

(g) The responses to an exit interview questionnaire are

confidential and not subject to disclosure under Chapter 552,

including responses to a questionnaire furnished to an entity

listed under Subsection (b). The responses may be disclosed only

to a law enforcement agency in a criminal investigation or on

order of a court.

(h) Subject to Subsection (j), the state auditor may audit each

state agency's records to determine whether the agency is

complying with the requirements of this section.

(i) Not later than December 15 of each year before a regular

session of the legislature, the state auditor shall submit a

report summarizing the findings of the exit interviews to the

governor, lieutenant governor, speaker of the house of

representatives, and members of the Senate Committee on Finance

and House Committee on Appropriations.

(j) Work performed under this section by the state auditor is

subject to approval by the legislative audit committee for

inclusion in the audit plan under Section 321.013(c).

Added by Acts 2001, 77th Leg., ch. 733, Sec. 1, eff. Sept. 1,

2001. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 17, eff.

Sept. 1, 2003.

Sec. 651.008. UNCONSTITUTIONALLY COMPOSED GOVERNING BODY WITH

SIX-YEAR TERMS. (a) This section applies to the governing body

of a state board or commission or other state agency only if:

(1) by statute the governing body is composed of an even number

of voting members, the appointed members of whom serve staggered

six-year terms; and

(2) there is no provision of the Texas Constitution under which

the governing body is allowed to be composed in that manner and

serve staggered six-year terms.

(b) Notwithstanding the terms of the statute that prescribes the

composition and terms of the governing body, the appointed

members of the governing body serve two-year terms.

(c) The terms of the members of the governing body who have

served less than two years since the date their current terms

began expire on the second anniversary of the date their current

terms began. The members of the governing body who have served

two or more years since the date their current terms began are

considered to be performing the duties of their office in a

holdover capacity until their successors are qualified in

accordance with Section 17, Article XVI, Texas Constitution.

(d) As soon as possible after it is determined that this section

applies to the governing body, the administrative head of the

state board or commission or other state agency shall inform of

that fact:

(1) each state officer or other entity that by statute appoints

one or more members to the governing body;

(2) the governor and the presiding officer of each house of the

legislature;

(3) each standing committee of each house of the legislature

that under the rules of either house has jurisdiction over

legislative matters pertaining to the board, commission, or other

agency; and

(4) the Legislative Reference Library for purposes of including

current information in the Texas Appointment System database.

(e) As soon as possible after an appointing officer or entity is

informed under Subsection (d), the appointing authority shall

make any necessary appointments or reappointments to the

governing body to fill the positions of members described by

Subsection (c) who are serving in a holdover capacity. If a

member whose position is being filled has served two or more

years but less than four years of a term, the appointment made

under this subsection is for a term expiring on the fourth

anniversary of the date the term began. If a member whose

position is being filled has served four or more years but less

than six years of a term, the appointment made under this

subsection is for a term expiring on the sixth anniversary of the

date the term began.

Added by Acts 2003, 78th Leg., ch. 1170, Sec. 50.01, eff. June

20, 2003.

Sec. 651.0085. CERTAIN UNCONSTITUTIONALLY COMPOSED DISTRICTS AND

AUTHORITIES WITH SIX-YEAR TERMS. (a) This section applies only

to the governing body of a district or authority created under

Section 52(b), Article III, Texas Constitution, or Section 59,

Article XVI, Texas Constitution, and only if:

(1) by law the governing body is composed of an even number of

voting members; and

(2) the elected or appointed members of the governing body serve

staggered six-year terms and the only provision of the Texas

Constitution under which the members of the governing body are

allowed to serve staggered six-year terms is Section 30a, Article

XVI.

(b) Section 651.008 does not apply to a district or authority to

which this section applies.

(c) Notwithstanding the terms of the enabling statute of the

district or authority that prescribes the number of members of

the governing body:

(1) if some or all of the members of the governing body are

appointed, the governor shall appoint an additional public or

at-large member, as applicable, to the governing body for an

initial term expiring on the date on which the terms of members

of the governing body whose terms are scheduled to expire between

four and six years after the date of the governor's appointment

under this subdivision expire; and

(2) if all of the members of the governing body are elected, an

additional public or at-large elected position, as applicable, is

created on the governing body and the governor shall appoint the

initial member to fill that position for an initial term expiring

on the first date on which members' terms expire following the

next election for members of the governing body.

(d) As soon as possible after it is determined that this section

applies to the governing body, the administrative head of the

district or authority shall inform of that fact:

(1) each appointing authority that by statute appoints one or

more members to the governing body;

(2) the governor and the presiding officer of each house of the

legislature;

(3) each standing committee of each house of the legislature

that under the rules of either house has jurisdiction over

legislative matters pertaining to the district or authority;

(4) the secretary of state, if the governing body is subject to

Subsection (c)(2), for purposes of allowing the secretary of

state to advise the district or authority on matters relating to

preclearance under the federal Voting Rights Act (42 U.S.C.

Section 1973c et seq.); and

(5) the Legislative Reference Library for purposes of including

current information in the Texas Appointment System database.

(e) If the governor appoints a member to the governing body of

the district or authority under Subsection (c)(1) and the

legislature does not, by law, make other arrangements for

electing or appointing a person to fill the position, the

governor shall continue to appoint a member to fill the position

as vacancies in the position occur and as a member's term in the

position expires. If the governor appoints a member to the

governing body of the district or authority under Subsection

(c)(2) and the legislature does not, by law, make other

arrangements for electing or appointing a person to fill the

position, the position shall be filled by election as vacancies

in the position occur and as a member's term in the position

expires, except to the extent that the enabling statute for the

district or authority provides a different method for filling

vacancies on the governing body.

(f) After the initial term of a position created under this

section expires, the term of the position is six years.

Added by Acts 2003, 78th Leg., ch. 1170, Sec. 50.01, eff. June

20, 2003.

Sec. 651.009. DIVERSITY ON GOVERNING BODY. (a) In each case in

which the governing body of a state board, commission, or other

state agency that has statewide jurisdiction is appointed by the

governor or another appointing authority, the governor or

appointing authority shall ensure that, to the extent possible,

the membership of the governing body reflects the racial, ethnic,

and geographic diversity of this state.

(b) In the case of a governing body the membership of which is

appointed by two or more appointing authorities, the appointing

authorities shall coordinate their appointments, to the extent

possible, as necessary to comply with Subsection (a).

Added by Acts 2003, 78th Leg., ch. 1170, Sec. 50.01, eff. June

20, 2003.