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A Review of the Commission on Human Rights' Expenses for Reviewing Entities' Manuals

October 2003

Report Number 04-005

Overall Conclusion

Labor Code Section 21.455 requires the State Auditor to determine the actual expenses incurred by the Commission on Human Rights (Commission) to review the personnel policies and procedures of state agencies and institutions of higher education. We determined that it cost the Commission $208,908 to review 35 entities' policies and procedures manuals in fiscal year 2002.

State law requires entities to reimburse the Commission for reasonable and necessary expenses it incurs conducting these reviews. However, the Commission does not charge entities the full cost of the reviews that it performs. While it cost the Commission $208,908 to perform these reviews in fiscal year 2002, the Commission billed and collected only $47,908.

Commission management has indicated that it does not intend to fully recover the cost of this function. Rather, it has requested and received general revenue appropriations to supplement the funds collected from other entities.

In fiscal year 2004, the Commission will use its new rate of $48 per hour. We identified several limitations in the Commission's calculation of the new rate. When House Bill 2933 (78th Legislature, Regular Session) takes effect, the function of reviewing entities' manuals will move to the Texas Workforce Commission's Civil Rights Division. At that time, the rate will need to be recalculated, giving the Civil Rights Division an opportunity to address the limitations in the rates.

 

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