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 (H.B. 735), 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.
(d)  Each state fiscal biennium the classification officer shall:
(1)  identify each state agency that experienced an employee turnover rate of more than 17 percent during the preceding state fiscal biennium;
(2)  with respect to each state agency described by Subdivision (1), conduct a comparative study of salary rates at the agency that compares the salaries paid at the agency with:
(A)  the market average maximum salary in other governmental units and in the private sector for similar work performed; and
(B)  the market average mid-range salary in other governmental units and in the private sector for similar work performed; and
(3)  report the findings of the study in the manner provided by Subsection (a)(2).
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.
Amended by: 
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 40, eff. September 1, 2013.

Sec. 654.0375.  MILITARY OCCUPATIONAL SPECIALTY CODE IDENTIFICATION; REPORT.  (a)  Each state fiscal biennium the classification officer shall research and identify the military occupational specialty code for each branch of the armed forces of the United States that corresponds to each position contained in the state's position classification plan.
(b)  The classification officer shall report the findings under Subsection (a) in the manner provided by Section 654.037(a)(2).
(c)  The classification officer may request the assistance of the Texas Veterans Commission in performing a duty required under this section.  The Texas Veterans Commission shall provide the requested assistance.
Added by Acts 2015, 84th Leg., R.S., Ch. 111 (S.B. 389), Sec. 1, eff. September 1, 2015.

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.