1-1 By: Leedom S.B. No. 128
1-2 (In the Senate - Filed January 15, 1993; January 19, 1993,
1-3 read first time and referred to Committee on Finance;
1-4 March 18, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 12, Nays 0; March 18, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Montford x
1-10 Turner x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Ellis x
1-15 Haley x
1-16 Moncrief x
1-17 Parker x
1-18 Ratliff x
1-19 Sims x
1-20 Truan x
1-21 Zaffirini x
1-22 COMMITTEE SUBSTITUTE FOR S.B. No. 128 By: Turner
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the Texas Incentive and Productivity Commission.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Subsection (e), Section 2.002, Texas Incentive
1-28 and Productivity Act (Article 6252-29a, Vernon's Texas Civil
1-29 Statutes), is amended to read as follows:
1-30 (e) An employee whose suggestion results in a net annual
1-31 savings or increase in revenues, including savings or increased
1-32 revenues that result from increased productivity, of $100 or more
1-33 is eligible for a bonus of 10 percent of the net savings or revenue
1-34 increase, up to a maximum award of $5,000. If the suggestion is
1-35 submitted by more than one employee, the bonus shall be divided
1-36 among the employees. An employee whose suggestion results in a net
1-37 annual savings or increase in revenues of less than $100 is not
1-38 eligible for a bonus but is eligible for a certificate of
1-39 appreciation.
1-40 SECTION 2. Section 2.004, Texas Incentive and Productivity
1-41 Act (Article 6252-29a, Vernon's Texas Civil Statutes), is amended
1-42 to read as follows:
1-43 Sec. 2.004. EMPLOYEE ELIGIBILITY. (a) Each state employee
1-44 is eligible to participate in the program except an employee<:>
1-45 <(1) who has authority to implement the suggestion
1-46 being made;>
1-47 <(2)> who is on an unpaid leave of absence<;>
1-48 <(3) whose job description includes responsibility for
1-49 cost analysis, efficiency analysis, savings implementation, or
1-50 other related programs within the employee's agency;>
1-51 <(4) involved in or who has access to agency research
1-52 and development programs, if that information is used as the basis
1-53 of the suggestion; or>
1-54 <(5) whose job description or routine job duties
1-55 include developing the type of change in the operations of that
1-56 agency that is recommended by the suggestion>.
1-57 (b) An elected or appointed agency official is not eligible
1-58 to participate in the program.
1-59 (c) The commission shall establish rules governing the
1-60 qualifications of other state employees.
1-61 SECTION 3. Subdivision (3), Section 3.001, Texas Incentive
1-62 and Productivity Act (Article 6252-29a, Vernon's Texas Civil
1-63 Statutes), is amended to read as follows:
1-64 (3) "Division" means a unit of a state agency that:
1-65 (A) has an identifiable self-contained budget;
1-66 <or>
1-67 (B) maintains its financial records under an
1-68 accounting system that permits the accurate identification of the
2-1 expenditures and receipts of the unit; or
2-2 (C) consists of a group of employees identified
2-3 by the agency and approved by the commission.
2-4 SECTION 4. Subsection (b), Section 3.002, Texas Incentive
2-5 and Productivity Act (Article 6252-29a, Vernon's Texas Civil
2-6 Statutes), is amended to read as follows:
2-7 (b) The commission shall act on an agency's plan as early as
2-8 practicable after receiving it. The commission may return any plan
2-9 to the executive director who submits it to request additional
2-10 information or clarification of details relating to the plan. The
2-11 commission must approve an agency plan before a state agency may
2-12 apply for a productivity bonus for the agency or a division of the
2-13 agency. The commission shall inform the executive director in
2-14 writing that the plan is approved or rejected not later than the
2-15 30th day after the open meeting at which the plan is considered
2-16 <date the plan is received>.
2-17 SECTION 5. Subsection (c), Section 3.004, Texas Incentive
2-18 and Productivity Act (Article 6252-29a, Vernon's Texas Civil
2-19 Statutes), is amended to read as follows:
2-20 (c) The commission shall consider as a legitimate savings a
2-21 reduction in expenditures made possible by:
2-22 (1) reductions in overtime for eligible employees;
2-23 (2) reductions in <elimination of> consultant fees;
2-24 (3) reductions in <elimination of> budgeted positions;
2-25 (4) reductions in <elimination of unnecessary> travel;
2-26 (5) reductions in <elimination of unnecessary>
2-27 printing and mailing;
2-28 (6) reductions in <elimination of> payments for
2-29 <unnecessary> advertising, membership dues, subscriptions, and
2-30 other nonessential outlays of state agency or division funds;
2-31 (7) increased efficiency in use of energy;
2-32 (8) improved office procedures and systems; and
2-33 (9) any other practice or device that the commission
2-34 determines has resulted in verifiable savings.
2-35 SECTION 6. Subsection (b), Section 3.007, Texas Incentive
2-36 and Productivity Act (Article 6252-29a, Vernon's Texas Civil
2-37 Statutes), is amended to read as follows:
2-38 (b) From the funds in the state agency's or division's
2-39 productivity bonus account, the commission shall award to the
2-40 eligible employees of the agency or division an amount not to
2-41 exceed 25 percent of the amount in that account. The awarded
2-42 amount shall be divided and distributed in equal shares to the
2-43 eligible current employees of the agency or division, except that
2-44 those employees who worked part-time or less than 12 months of the
2-45 year shall receive only a pro rata share based on the fraction of
2-46 the year worked. The commission may grant an agency's or a
2-47 division's request not to pay bonuses if a negligible reduction in
2-48 cost has occurred <distributed in equal shares to the eligible
2-49 current employees of the agency or division>. A bonus made to any
2-50 individual employee may not exceed $1,000. <An eligible employee
2-51 who worked in the agency or division for less than the full fiscal
2-52 year or on a part-time basis is entitled to a pro rata share based
2-53 on the fraction of the fiscal year and the average fraction of the
2-54 work week that the employee worked in the agency or division.> An
2-55 eligible employee under this section is an employee who:
2-56 (1) is an hourly, part-time, or temporary employee;
2-57 (2) is a classified employee under the Position
2-58 Classification Act of 1961 (Article 6252-11, Vernon's Texas Civil
2-59 Statutes); or
2-60 (3) performs functions that are equivalent to
2-61 functions performed by a classified employee in other state
2-62 agencies.
2-63 SECTION 7. The importance of this legislation and the
2-64 crowded condition of the calendars in both houses create an
2-65 emergency and an imperative public necessity that the
2-66 constitutional rule requiring bills to be read on three several
2-67 days in each house be suspended, and this rule is hereby suspended,
2-68 and that this Act take effect and be in force from and after its
2-69 passage, and it is so enacted.
2-70 * * * * *
3-1 Austin,
3-2 Texas
3-3 March 18, 1993
3-4 Hon. Bob Bullock
3-5 President of the Senate
3-6 Sir:
3-7 We, your Committee on Finance to which was referred S.B. No. 128,
3-8 have had the same under consideration, and I am instructed to
3-9 report it back to the Senate with the recommendation that it do not
3-10 pass, but that the Committee Substitute adopted in lieu thereof do
3-11 pass and be printed.
3-12 Montford,
3-13 Chairman
3-14 * * * * *
3-15 WITNESSES
3-16 FOR AGAINST ON
3-17 ___________________________________________________________________
3-18 Name: Elaine Powell, Executive Director x
3-19 Representing: Tx Incentive & Productvty Cncl
3-20 City: Austin
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