Position Classification Act Administration
Bona Fide New Positions

The governor may exempt positions from the position classification plan. If appropriated funds are to be used for a position exempted under this provision, the position must be considered a bona fide new position. A bona fide new position is one that is established to accomplish duties related to programs or functions that were not anticipated, and therefore not specifically funded or listed under the current GAA.

The governor’s exemption of a position from the position classification plan must contain a certification that the exemption is for a bona fide new position. The governor may not create a new position for the sole purpose of adjusting the salary of an existing position. The comptroller may not pay compensation for the position until formal notification of the governor’s action to exempt the position is filed with the classification officer and the Legislative Budget Board.

A position exempted by the governor in the first year of a fiscal biennium may continue into the second year. The salary rate established for the position may only be adjusted for the second year of the biennium if the salary schedule for classified positions in the GAA is adjusted from the first to the second year of the biennium. Any adjustment to the second year salary rate may not exceed the amount by which the salary schedule was adjusted.

A bona fide new position is only valid for the biennium in which it was created. In order for a bona fide position to continue beyond that biennium, the position must be added to the plan.

Unless the position falls within an established exception to the PCA, it will be subject to the salary guidelines as established in the GAA.

Sources

Texas Government Code, Sections 654.002, 654.011, 654.012, 654.0125, 654.014, 654.038; General Appropriations Act, Article IX.