By: Leedom S.B. No. 128
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the Texas Incentive and Productivity Commission.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Subsection (e), Section 2.002, Texas Incentive
1-4 and Productivity Act (Article 6252-29a, Vernon's Texas Civil
1-5 Statutes), is amended to read as follows:
1-6 (e) An employee whose suggestion results in a net annual
1-7 savings or increase in revenues, including savings or increased
1-8 revenues that result form increased productivity, of $100 or more
1-9 is eligible for a bonus of 10 percent of the net savings or revenue
1-10 increase, up to a maximum award of $5,000. If the suggestion is
1-11 submitted by more than one employee, the bonus shall be divided
1-12 among the employees. An employee whose suggestion results na net
1-13 annual savings or increase in revenues of less than $100 is not
1-14 eligible for a bonus but is eligible for a certificate of
1-15 appreciation.
1-16 SECTION 2. Section 2.004, Texas Incentive and Productivity
1-17 Act (Article 6252-29a, Vernon's Texas Civil Statutes), is amended
1-18 to read as follows:
1-19 Sec. 2.004. EMPLOYEE ELIGIBILITY. (a) Each state employee
1-20 is eligible to participate in the program except an employee <:>
1-21 <(1) who has authority to implement the suggestion
1-22 being made;>
1-23 <(2)> who is on an unpaid leave of absence <;>
2-1 <(3) Whose job description includes responsibility for
2-2 cost analysis, efficiency analysis, savings implementation, or
2-3 other related programs within the employee's agency;>
2-4 <(4) involved in or who has access to agency research
2-5 and development programs, if that information is used as the basis
2-6 of the suggestion; or>
2-7 <(5) whose job description or routine job duties
2-8 include developing the type of change in the operations of that
2-9 agency that is recommended by the suggestion>.
2-10 (b) An elected or appointed agency official is not eligible
2-11 to participate in the program.
2-12 (c) The commission shall establish rules governing the
2-13 qualifications of other state employees.
2-14 SECTION 3. Subsection (3), Section 3.001, Texas Incentive
2-15 and Productivity Act (Article 6252-29a, Vernon's Texas Civil
2-16 Statutes), is amended by adding Paragraph (C) to read as follows:
2-17 (3) "Division" means a unit of a state agency that:
2-18 (A) has an identifiable self-contained budget; <or>
2-19 (B) maintains its financial records under an
2-20 accounting system that permits the accurate identification of the
2-21 expenditures and receipts of the unit; or
2-22 (C) consists of a group of employees identified by the
2-23 agency and approved by the commission.
2-24 SECTION 4. Subsection (b), Section 3.002, Texas Incentive
2-25 and Productivity Act (Article 6252-29a, Vernon's Texas Civil
3-1 Statutes), is amended to read as follows:
3-2 (b) The commission shall act on an agency's plan as early as
3-3 practicable after receiving it. The commission may return any plan
3-4 to the executive director who submits it to request additional
3-5 information or Clarification of details relating to the plan. The
3-6 commission must approve an agency plan before a state agency may
3-7 apply for a productivity bonus for the agency or a division of the
3-8 agency. The commission shall inform the executive director in
3-9 writing that the plan is approved or rejected not later than the
3-10 30th day of the open meeting at which the plan is considered
3-11 <after the date the plan is received>.
3-12 SECTION 5. Subsection (c), Section 3.004, Texas Incentive
3-13 and Productivity Act (Article 6252-29a, Vernon's Texas Civil
3-14 Statutes) is amended to read as follows:
3-15 (c) The commission shall consider as a legitimate savings a
3-16 reduction in expenditures made possible by:
3-17 (1) reductions in overtime for eligible employees;
3-18 (2) reductions in <elimination of> consultant fees;
3-19 (3) reductions in <elimination of> budgeted positions;
3-20 (4) reductions in <elimination of unnecessary> travel;
3-21 (5) reductions in <elimination of unnecessary> travel;
3-22 (6) reductions in <elimination of> payments for
3-23 <unnecessary> advertising, membership dues, subscriptions, and
3-24 other nonessential outlays of state agency or division funds;
3-25 (7) increased efficiency in use of energy;
4-1 (8) improved office procedures and systems; and
4-2 (9) any other practice or device that the commission
4-3 determines has resulted in verifiable savings.
4-4 SECTION 6. Subsection (b), Section 3.007, Texas Incentive
4-5 and Productivity Act (Article 6252-29a, Vernon's Texas Civil
4-6 Statutes), is amended to read as follows:
4-7 (b) From the funds in the state agency's or division's
4-8 productivity bonus account, the commission shall award to the
4-9 eligible employees of the agency or division an amount not to
4-10 exceed 25 percent of the amount in that account. The awarded
4-11 amount shall be divided and distributed in equal shares to the
4-12 eligible current employees of the agency or division, except that
4-13 those employees who worked part-time or less than twelve months of
4-14 the year shall receive only a pro rata share based on the fraction
4-15 of the year worked. The commission may grant an agency or
4-16 division's request not to pay bonuses if a negligible reduction in
4-17 cost has occurred <distributed in equal share to the eligible
4-18 current employees of the agency or division>. A bonus made to any
4-19 individual employee may not exceed $1,000. <An eligible employee
4-20 who worked in the agency or division for less than the full fiscal
4-21 year or on a part time basis is entitled to a pro rata share based
4-22 on the fraction of the fiscal year and the average fraction of the
4-23 work week that the employee worked in the agency or division.> An
4-24 eligible employee under this section is an employee who:
4-25 (1) is an hourly, part-time, or temporary employee;
5-1 (2) is a classified employee under the Position
5-2 Classification Act of 1961 (Article 6252-11, Vernon's Texas Civil
5-3 Statutes); or
5-4 (3) performs functions that are equivalent to
5-5 functions performed by a classified employee in other state
5-6 agencies.
5-7 SECTION 7. The importance of this legislation and the
5-8 crowded condition of the calendars in both houses create an
5-9 emergency and an imperative public necessity that the
5-10 constitutional rule requiring bills to be read on three several
5-11 days in each house be suspended, and this rule is hereby suspended,
5-12 and that this Act take effect and be in force from and after its
5-13 passage, and it is so enacted.