BILL ANALYSIS S.B. 1116 By: Leedom State Affairs 4-13-95 Committee Report (Amended) BACKGROUND Savings resulting from suggestions to the State Employee Incentive Program (SEIP) are split between the Texas Incentive and Productivity Commission (commission) for administrative purposes, the suggester, the agency, and the originating fund. Some agencies view this as a disincentive to participate because more than half of the funds saved are transferred from the agency's existing appropriation. A suggestion is ineligible if it does not contain the suggester's handwritten signature. Many agencies have on-line capabilities which would expedite the process by having some or all of the process conducted via electronic transmission. Many employees do not associate the term "State Employee Incentive Program" with their "suggestion" program because the name is not customized to the agency's needs. The commission must review, in separate open meetings, both the agency's plan submission and application for bonuses. This process is often redundant for both the agency and the commission because the submission and application contain much of the same information. PURPOSE As proposed, S.B. 1116 creates and sets forth regulations for a state agency reinvestment account to be established for each agency to be appropriated for employee bonuses, training, or capital expenditures to increase productivity. RULEMAKING AUTHORITY It is the committee's opinion that rulemaking authority is granted to the Texas Incentive and Productivity Commission in SECTION 2 (Section 2108.022, Government Code), SECTION 4 (Section 2108.102, Government Code), SECTION 5 (Section 2108.103, Government Code), and in SECTION 6 (Section 2108.104, Government Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 2108B, Government Code, by adding Sections 2108.0221 and 2108.0222, as follows: Sec. 2108.0221. STATE AGENCY REINVESTMENT ACCOUNTS. (a) Requires the comptroller to create a reinvestment account for each state agency. (b) Authorizes the money in a state agency's reinvestment account to be appropriated only to the agency for the purpose of paying agency employee bonuses or training or to the agency or another entity for capital expenditures made by or for the agency that may reasonably be expected to increase productivity. Sec. 2108.0222. MONEY FOR OPERATION OF THIS SUBCHAPTER. (a) Requires the legislature to appropriate money for the operation of the Texas Incentive and Productivity Commission (commission) by providing that each state agency shall pay an amount of money to the commission out of the agency's appropriation. Sets forth the procedure for computing the amount paid to the commission. (b) Requires each state agency's payment to be made to the commission in the manner prescribed by the General Appropriations Act. (c) Provides that the number of full-time equivalent employees is computed as prescribed by Section 2052.102. SECTION 2. Amends Section 2108.022, Government Code, by adding Subsections (c) and (d), as follows: (c) Authorizes the commission to refer to the incentive program by a different name and to authorize a state agency to refer to the program by a different name. (d) Authorizes the commission, by rule, to adopt procedures to allow communications between the commission and a state agency by facsimile or on-line transmission of information. Authorizes the commission to allow an employee suggestion to be transmitted on-line to the commission, and the suggestion transmitted on-line is not required to be signed by the employee. SECTION 3. Amends Sections 2108.037(b) and (c), Government Code, as follows: (b) Requires the comptroller to transfer the amount certified under Subsection (a) to the affected agency's reinvestment account, rather than requiring different portions to be transferred to different accounts. (c) Requires the state agency that employs an employee receiving a bonus to pay the bonus. Requires the comptroller to transfer the amount of the bonus from the reinvestment account of the affected agency to an appropriate fund or account to the credit of the employing agency to pay the bonus if the agency implemented a suggestion made by an eligible employee who is employed by another state agency. Makes conforming changes. SECTION 4. Amends Section 2108.102, Government Code, by adding Subsection (e), to authorize the commission to adopt rules to make the approval and clarification process as efficient as possible. SECTION 5. Amends Section 2108.103, Government Code, to authorize the commission to adopt rules to make the application process as efficient as possible. SECTION 6. Amends Section 2108.104, Government Code, to authorize the commission to adopt rules to make the process of determining whether to make an award as efficient as possible. SECTION 7. Repealer: Section 2108.038, Government Code (Special Fund). SECTION 8. Re-creates the productivity bonus fund account as an account in the general revenue fund for the purposes designated in Chapter 2108C, Government Code. SECTION 9. Effective date: September 1, 1995. SECTION 10. Emergency clause.