CHAPTER 654. POSITION CLASSIFICATION - Texas Statutes

GOVERNMENT CODE

TITLE 6. PUBLIC OFFICERS AND EMPLOYEES

SUBTITLE B. STATE OFFICERS AND EMPLOYEES

CHAPTER 654. POSITION CLASSIFICATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 654.001. SHORT TITLE. This chapter may be cited as the

Position Classification Act.

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

1993.

Sec. 654.002. POSITION CLASSIFICATION PLAN. In this chapter,

the position classification plan is the Texas Position

Classification Plan, 1961, that was filed with the governor, as

changed under this chapter, and that provides the salary

structure for specified state employments.

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

1993.

SUBCHAPTER B. POSITION CLASSIFICATION PLAN

Sec. 654.011. APPLICATION OF POSITION CLASSIFICATION PLAN. (a)

The position classification plan and the salary rates and

provisions in the General Appropriations Act apply to all hourly,

part-time, temporary, and regular, full-time salaried employments

in the state departments, agencies, or judicial entities

specified in the articles of the General Appropriations Act that

appropriate money to:

(1) general government agencies;

(2) health and human services agencies;

(3) the judiciary, except for judges, district attorneys, and

assistant district attorneys;

(4) public safety and criminal justice agencies;

(5) natural resources agencies;

(6) business and economic development agencies;

(7) regulatory agencies; and

(8) agencies of public education, but only the Texas Education

Agency, the Texas School for the Blind and Visually Impaired, the

State Board for Educator Certification, and the Texas School for

the Deaf.

(b) Except as provided by this chapter, the position

classification plan and the salary rates and provisions in the

General Appropriations Act apply to all hourly, part-time,

temporary, and regular, full-time salaried employments in

executive and administrative agencies of the state without regard

to whether the money of the agency is kept in the state treasury.

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

1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.19, eff.

Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1140, Sec. 1, eff. Sept.

1, 1997.

Amended by:

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

831, Sec. 9, eff. September 1, 2008.

Sec. 654.012. EXCEPTIONS FROM POSITION CLASSIFICATION PLAN. The

position classification plan does not apply to:

(1) a constitutional officer or official;

(2) an elected officer or official;

(3) an officer appointed by the governor;

(4) the chief executive of a state agency;

(5) a teacher in a public school, special school of the state,

or state institution of higher education;

(6) personnel in state institutions of higher education;

(7) a professional compensated for services on a fee basis; and

(8) an employment excluded from the plan:

(A) by executive order of the governor; or

(B) at the direction of the legislature.

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

1993. Amended by Acts 1997, 75th Leg., ch. 1140, Sec. 2, eff.

Sept. 1, 1997.

Sec. 654.0125. EXEMPTION OF POSITIONS BY GOVERNOR. (a)

Appropriated money may not be used to pay the salary of a person

in a position exempted from the position classification plan by

the governor under Section 654.012(8)(A) unless the position is a

bona fide new position established to accomplish duties related

to programs or functions that were not anticipated, and for that

reason not funded, under the General Appropriations Act.

(b) A new position may not be created under Section

654.012(8)(A) for the sole purpose of adjusting the salary of an

existing position.

(c) The governor's exemption of a position from the position

classification plan under Section 654.012(8)(A) must contain a

certification that the exemption is for a bona fide new position.

The comptroller may not pay compensation for the position until

formal notification of the action of the governor to exempt the

position is filed with the classification officer and the

Legislative Budget Board.

(d) A position exempted by the governor under Section

654.012(8)(A) in the first year of a state fiscal biennium may

continue into the second year. The salary rate established for

the position may be adjusted for the second year of the biennium

by a rate not to exceed the rate by which the salary schedule for

classified positions in the General Appropriations Act is

adjusted from the first to the second year of the biennium.

Added by Acts 1999, 76th Leg., ch. 279, Sec. 2, eff. Sept. 1,

1999.

Sec. 654.013. DEFERRAL FROM POSITION CLASSIFICATION PLAN.

Nonacademic employments in state institutions of higher education

are deferred from the application of the position classification

plan until the governor orders or the legislature directs

otherwise.

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

1993.

Sec. 654.014. APPOINTMENTS TO CONFORM WITH POSITION

CLASSIFICATION PLAN AND GENERAL APPROPRIATIONS ACT. (a) Each

employment to which this subchapter applies shall conform to:

(1) the classes of work described in the position classification

plan;

(2) the titles authorized by the plan; and

(3) the salary rates and provisions in the General

Appropriations Act.

(b) Each state agency or other state entity subject to this

chapter may determine, at the time an individual is initially

employed by the entity in a classified position, the individual's

salary rate within the applicable salary group for the

individual's classified position.

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

1993. Amended by Acts 1999, 76th Leg., ch. 279, Sec. 3, eff.

Sept. 1, 1999.

Sec. 654.015. QUALIFICATION GUIDELINES AND SPECIFICATIONS IN

POSITION CLASSIFICATION PLAN. General qualification guidelines

in the position classification plan, including specifications for

experience, training, education, knowledge, skills, abilities,

and physical conditions:

(1) are only meant to represent the qualifications commonly

wanted by employing officers of the state; and

(2) do not have the force of law.

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

1993. Amended by Acts 1997, 75th Leg., ch. 1140, Sec. 3, eff.

Sept. 1, 1997.

Sec. 654.0155. PERIODIC REVIEW OF POSITIONS. To ensure that

each position is properly classified, each employing state entity

subject to this chapter:

(1) shall annually review individual job assignments within the

entity; and

(2) may perform a monthly review of job assignments.

Added by Acts 1999, 76th Leg., ch. 279, Sec. 4, eff. Sept. 1,

1999.

Sec. 654.0156. RECLASSIFICATION. (a) An employing state entity

subject to this chapter may reclassify a position to another

title in the position classification plan:

(1) in response to a classification review; or

(2) as a result of a program reorganization by the

administrative head of the employing state entity.

(b) The sole purpose of a reclassification is to properly

classify a position and define its duties under this chapter

based on the duties currently performed by an employee holding

the reclassified position. A reclassification therefore does not

indicate that the employee's assigned duties should or will be

changed.

(c) A reclassification may take effect at any time.

Added by Acts 1999, 76th Leg., ch. 279, Sec. 4, eff. Sept. 1,

1999.

Sec. 654.016. NEW CLASS OR KIND OF WORK. (a) A governing board

or a chief executive of an agency needing to employ a person in a

class or kind of work that is subject to but not described in the

position classification plan shall notify the classification

officer of the situation.

(b) The classification officer shall, to permit the needed

employment, promptly:

(1) include the employment in an existing class description of

work or provide a new class description of work for the

employment; and

(2) set a salary range for the class.

(c) The classification officer shall notify the comptroller of

the actions.

(d) An action of the classification officer under this section

is subject to:

(1) any limitation established for the agency in the General

Appropriations Act, including limitations on the number of

positions and amount of appropriations; and

(2) the approval of the state auditor with advice from the

Legislative Audit Committee.

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

1993.

SUBCHAPTER C. CLASSIFICATION OFFICER

Sec. 654.031. POSITION OF CLASSIFICATION OFFICER. The position

of classification officer is in the office of the state auditor.

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

1993.

Sec. 654.032. APPOINTMENT OF CLASSIFICATION OFFICER. The state

auditor shall appoint the classification officer, subject to the

advice and approval of the Legislative Audit Committee.

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

1993.

Sec. 654.033. QUALIFICATIONS OF CLASSIFICATION OFFICER. To be

eligible for appointment as classification officer, an individual

must have:

(1) at least six years' experience in position classification or

human resource management; or

(2) a period of experience equivalent to that described in

Subdivision (1) in related work in state employment that

specially qualifies the person for the position.

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

1993. Amended by Acts 1997, 75th Leg., ch. 1140, Sec. 4, eff.

Sept. 1, 1997.

Sec. 654.034. SALARY OF CLASSIFICATION OFFICER. The

classification officer is entitled to the salary set by the

General Appropriations Act.

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

1993.

Sec. 654.035. FIRST ASSISTANT CLASSIFICATION OFFICER. The

classification officer, subject to the approval of the state

auditor and the Legislative Audit Committee, may appoint a first

assistant classification officer to whom the classification

officer may delegate the statutory powers and duties of the

classification officer when the classification officer is absent.

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

1993.

Sec. 654.036. GENERAL DUTIES OF CLASSIFICATION OFFICER. The

classification officer shall:

(1) maintain and keep current the position classification plan;

(2) advise and assist state agencies in equitably and uniformly

applying the plan;

(3) conduct classification compliance audits to ensure

conformity with the plan; and

(4) make recommendations that the classification officer finds

necessary and desirable about the operation and for improvement

of the plan to the governor and the legislature.

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

1993. Amended by Acts 1997, 75th Leg., ch. 1140, Sec. 5, eff.

Sept. 1, 1997.

Sec. 654.037. SALARY STUDIES AND RECOMMENDATIONS. (a) The

classification officer shall:

(1) make periodic studies of salary rates in other governmental

units and in industry for similar work performed in state

government; and

(2) report the classification officer's findings from the

studies made under Subdivision (1) to the governor's budget

office and the Legislative Budget Board not later than October 1

preceding each regular session of the legislature.

(b) The classification officer shall conduct, before September 1

of each even-numbered year, a survey of local law enforcement

departments that employ more than 1,000 commissioned law

enforcement officers to gather information about the total

compensation provided by the departments to law enforcement

officers. Before January 1 of each odd-numbered year, the

classification officer shall analyze the findings of the most

recent survey conducted in accordance with this subsection and

shall submit to the legislature a report on the findings of the

survey and analysis. The report must identify the five local law

enforcement departments that provide the highest average total

compensation to local law enforcement officers who have been

employed by the local law enforcement departments at the maximum

salary level.

(c) To improve the ability of the state to recruit and retain

qualified law enforcement officers, the legislature may consider

the report submitted under Subsection (b) in determining the

salaries of all state law enforcement officers who hold a

position classified under the state employee classification

system and are compensated under Salary Schedule C of the General

Appropriations Act.

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

1993. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 18, eff.

Sept. 1, 2003.

Sec. 654.038. CLASSIFICATION COMPLIANCE AUDITS; NOTIFICATION AND

VOLUNTARY CORRECTION OF NONCONFORMITY. (a) The classification

officer shall notify the governor, the comptroller, the

Legislative Audit Committee, and the chief executive of the

agency in writing when a classification compliance audit reveals

nonconformity with the position classification plan or with

prescribed salary ranges. The notification shall specify the

points of nonconformity.

(b) The chief executive is entitled to a reasonable opportunity

to resolve the nonconformity by:

(1) reclassifying the employee to a position title or class

consistent with the work performed;

(2) changing the employee's duties to conform to the assigned

class; or

(3) obtaining a new class description of work and salary range.

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

1993. Amended by Acts 1997, 75th Leg., ch. 1140, Sec. 6, eff.

Sept. 1, 1997.

Sec. 654.039. REPORT OF INACTION. The classification officer

shall make a written report of the facts to the governor and the

Legislative Budget Board if the chief executive of an agency does

not comply with Section 654.038(b) before the 21st day after the

date of the classification officer's written notification.

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

1993.

Sec. 654.040. ACTION BY GOVERNOR. In response to a report under

Section 654.039, the governor may determine, after consultation

with the Legislative Audit Committee, the action to be taken to

resolve a nonconformity.

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

1993. Amended by Acts 1997, 75th Leg., ch. 1140, Sec. 7, eff.

Sept. 1, 1997.

Sec. 654.041. EXAMINATION FOR COMPLIANCE BY STATE AUDITOR;

REPORTS. The state auditor, subject to a risk assessment and to

the Legislative Audit Committee's approval of including the

examination in the audit plan under Section 321.013, may:

(1) examine or cause to be examined, in periodic postaudits of

their expenditures and by methods the auditor considers

appropriate and adequate, whether departments and agencies are in

compliance with this chapter; and

(2) report the findings to the governor, the comptroller, and

the Legislative Audit Committee.

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

1993. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 19, eff.

Sept. 1, 2003.

Sec. 654.042. ASSISTANCE FROM STATE AUDITOR. The state auditor

may provide assistance to the classification officer using money

appropriated for that purpose.

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

1993.

Sec. 654.043. FREE USE OF COMPTROLLER'S DATA PROCESSING CENTER.

The classification officer may use, without charge, the

comptroller's data processing center to process position

classification information when the center is available.

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

1993.

SUBCHAPTER D. OTHER LAWS

Sec. 654.061. CONSTRUCTION WITH OTHER LAWS. (a) This chapter

does not affect the authority of a governing body or a chief

executive of an agency under another law to employ persons or

promote or dismiss employees.

(b) This chapter does not authorize an increase in the number of

positions in an agency or the amount of appropriations to an

agency set by the General Appropriations Act.

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

1993.

Sec. 654.062. CONFLICT WITH LAWS RELATING TO EMPLOYEE MERIT

SYSTEMS IN CERTAIN AGENCIES. Sections 654.015 and 654.061 do not

abrogate statutory authorization for a state agency to operate

under an employee merit system as a condition for qualifying for

federal grants-in-aid. A merit system agreed to by a state agency

and an agency of the federal government shall continue in effect,

subject to applicable state law.

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

1993.