Tepper’s 24-Year Cap On State Workers Can’t Bite Until 2050

The text as introduced · 419 words

89R3739 JCG-D

By: Tepper
H.B. No. 1366

A BILL TO BE ENTITLED

AN ACT

relating to limiting the duration of employment of certain state

employees.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 651, Government Code, is amended by

adding Section 651.011 to read as follows:

Sec. 651.011. LIMITATION ON EMPLOYMENT DURATION FOR CERTAIN

STATE EMPLOYEES. (a) In this section:

(1) "Faculty member" means a person who is employed by

an institution of higher education on a full-time basis as a member

of the faculty or staff and whose primary duties include teaching or

research.

(2) "State agency" means:

(A) a department, commission, board, office,

council, authority, or other agency in the executive branch of

state government that is created by the constitution or a statute of

this state, including a university system or institution of higher

education as defined by Section 61.003, Education Code; or

(B) either house of the legislature or a

legislative agency, council, or committee, including the

Legislative Budget Board, the Texas Legislative Council, the State

Auditor's Office, and the Legislative Reference Library.

(3) "State employee" means a person who is employed by

a state agency. The term does not include an elected official.

(b) This section does not apply to a faculty member.

(c) A person may not be employed as a state employee for one

or more periods that cumulatively exceed 24 years. The governing

body of the employing state agency shall immediately terminate the

employment of a person who becomes ineligible for employment under

this subsection.

(d) For purposes of determining a person's ineligibility

for employment under this section, only the length of the person's

employment after January 1, 2026, may be considered.

SECTION 2. If an employment relationship described by

Section 651.011, Government Code, as added by this Act, is governed

by an employment contract that was entered into before the

effective date of this Act, this Act only applies to any renewal of

that contract occurring on or after the effective date of this Act.

SECTION 3. This Act takes effect January 1, 2026, but only

if the constitutional amendment proposed by the 89th Legislature,

Regular Session, 2025, to limit the time that a person may serve as

a member of the Texas Legislature, a statewide elected officer in

the executive branch, or a state employee in the legislative or

executive branch of state government is approved by the voters. If

that amendment is not approved by the voters, this Act has no

effect.