85R9032 MM-F     By: González of El Paso H.B. No. 2401       A BILL TO BE ENTITLED   AN ACT   relating to supplemental pay for certain employees of the   Department of Family and Protective Services.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter B, Chapter 40, Human Resources Code,   is amended by adding Section 40.0331 to read as follows:          Sec. 40.0331.  SUPPLEMENTAL PAY FOR PROFICIENCY IN A FOREIGN   LANGUAGE.  (a)  In this section, "employee" means a person who is   employed by the department as:                (1)  a direct delivery caseworker in the adult   protective services, child protective services, child care   licensing, or statewide intake division of the department;                (2)  a human services technician in the child   protective services division of the department; or                (3)  an administrative assistant in the adult   protective services, child protective services, child care   licensing, or statewide intake division of the department.          (b)  The department shall pay a supplement not to exceed 6.8   percent of the employee's base salary to an employee who is   proficient in both English and a second language if:                (1)  the executive commissioner determines that:                      (A)  proficiency in the second language is   beneficial to serving the department's clients; and                      (B)  there is not an efficient alternative   available to meet the department's needs; and                (2)  the employee is able to demonstrate proficiency in   the second language by demonstrating reading, writing, and   conversation skills as determined by the department.          (c)  Supplemental pay to an employee under this section is in   addition to the employee's regular compensation.          (d)  The executive commissioner shall develop a procedure to   determine an employee's foreign language proficiency for purposes   of Subsection (b), including establishing or adopting a foreign   language proficiency exam.          (e)  The department shall assume the costs associated with   administering the foreign language proficiency exam established or   adopted under Subsection (d) to employees.          (f)  The division, district, or regional director of the   department where an employee is located shall determine whether the   employee in the division, district, or region is eligible under   Subsection (b) to receive supplemental pay.  The manager or   supervisor of the employee shall verify that an employee who   applies to receive supplemental payments under this section meets   the eligibility requirements under Subsection (b) before approving   supplemental pay and that qualified employees receive supplemental   payments.           (g)  An employee may apply to receive supplemental pay under   this section at any time during the employee's active employment   with the department.           (h)  Supplemental pay given to employees under this section   must comply with human resources policies of the commission and   salary guidelines for the department.           (i)  The department shall include information about the   supplemental pay available to a qualified employee under this   section in employment application forms and new employee   orientation presentations.          SECTION 2.  Not later than September 1, 2019, the executive   commissioner of the Health and Human Services Commission shall   adopt rules to implement Section 40.0331, Human Resources Code, as   added by this Act.          SECTION 3.  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, 2017.