CHAPTER 654. POSITION CLASSIFICATION
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.