By Maxey H.B. No. 1161
74R2426 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Incentive and Productivity Commission, the
1-3 state employee incentive program, and the productivity bonus
1-4 program.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter A, Chapter 2108, Government Code, is
1-7 amended by adding Sections 2108.008 and 2108.009 to read as
1-8 follows:
1-9 Sec. 2108.008. STATE AGENCY REINVESTMENT ACCOUNTS. (a) The
1-10 comptroller shall create a reinvestment account for each state
1-11 agency that is eligible to participate in the state employee
1-12 incentive program or the productivity bonus program.
1-13 (b) Money in a state agency's reinvestment account may be
1-14 appropriated only:
1-15 (1) to the commission for the purpose of paying
1-16 bonuses granted by the commission under Subchapter B to an eligible
1-17 employee of the agency;
1-18 (2) to the agency for the purpose of training the
1-19 agency's employees; or
1-20 (3) to the agency or another appropriate entity for
1-21 the purpose of capital expenditures made by or for the agency that
1-22 may reasonably be expected to increase productivity at the agency.
1-23 Sec. 2108.009. MONEY FOR OPERATION OF COMMISSION. (a) The
1-24 legislature shall appropriate money for the operation of the
2-1 commission by providing that each state agency that is eligible to
2-2 participate in the state employee incentive program or the
2-3 productivity bonus program shall pay an amount of money to the
2-4 commission out of the eligible agency's appropriation. The amount
2-5 paid to the commission out of each eligible agency's appropriation
2-6 is computed by multiplying an amount set in the General
2-7 Appropriations Act times the number of full-time equivalent
2-8 employees employed by the eligible agency.
2-9 (b) Each eligible state agency's payment shall be made to
2-10 the commission in the manner prescribed by the General
2-11 Appropriations Act.
2-12 (c) The legislature may set in the General Appropriations
2-13 Act a smaller amount per full-time equivalent employee for a state
2-14 agency that is eligible to participate in the state employee
2-15 incentive program or the productivity bonus program but not in both
2-16 programs.
2-17 (d) Under this section, the number of full-time equivalent
2-18 employees is computed as prescribed by Section 2052.102.
2-19 SECTION 2. Section 2108.023(d), Government Code, is amended
2-20 to read as follows:
2-21 (d) An employee is eligible for a bonus of 10 percent of up
2-22 to the first $50,000 in net savings or revenue increases, plus five
2-23 percent of up to the next $50,000 in net savings or revenue
2-24 increases, plus one percent of any remaining net savings or revenue
2-25 increases <not to exceed an award of $5,000>, if the employee's
2-26 suggestion results in savings or increased revenues, including
2-27 savings or increased revenues that result from increased
3-1 productivity, that:
3-2 (1) can be computed using a cost-benefit analysis; and
3-3 (2) equal or exceed $100 after implementation costs.
3-4 SECTION 3. Sections 2108.037(b) and (c), Government Code,
3-5 are amended to read as follows:
3-6 (b) The comptroller shall transfer the amount certified
3-7 under Subsection (a) <as follows:>
3-8 <(1) 40 percent to the fund from which the original
3-9 appropriation> to the affected agency's reinvestment account <fund
3-10 was made;>
3-11 <(2) 40 percent to an appropriate fund from which the
3-12 affected agency may award merit pay increases to individuals in the
3-13 agency; and>
3-14 <(3) 20 percent to the special fund established for
3-15 the commission under Section 2108.038>.
3-16 (c) If increased productivity attributable to an implemented
3-17 suggestion results in savings or increased revenues that can be
3-18 computed as provided by Section 2108.023(c) but that will not
3-19 permit the affected agency to transfer or to have an unexpended
3-20 balance of appropriated money, the commission and the affected
3-21 agency shall certify the amount of actual or projected savings or
3-22 increased revenues that are attributable to the suggestion, and the
3-23 comptroller shall transfer 20 percent of that amount from a fund
3-24 affected by the savings or increased revenues to the affected
3-25 agency's reinvestment account <special fund established under
3-26 Section 2108.038>.
3-27 SECTION 4. Subchapter B, Chapter 2108, Government Code, is
4-1 amended by adding Section 2108.040 to read as follows:
4-2 Sec. 2108.040. NUMBER OF EMPLOYEE SUGGESTIONS AS PERFORMANCE
4-3 MEASURE. A state agency shall include in its legislative
4-4 appropriation request, in the manner prescribed by the Legislative
4-5 Budget Board, a proposed performance measure on the number of
4-6 employee suggestions that should be made by the agency's employees
4-7 and the number of employee suggestions that should be finally
4-8 adopted by the agency during the biennium.
4-9 SECTION 5. Section 2108.107, Government Code, is amended to
4-10 read as follows:
4-11 Sec. 2108.107. Award to State Agency or Division. (a) If
4-12 the commission awards a productivity bonus to a state agency or
4-13 division of a state agency, the balance in the agency's or
4-14 division's productivity bonus account, as appropriate, shall be
4-15 transferred to the agency's reinvestment account.
4-16 (b) If the commission decides not to award a productivity
4-17 bonus to a state agency or division out of money that has been
4-18 transferred to the agency's or division's productivity bonus
4-19 account under Section 2108.109(c), the commission shall certify
4-20 that fact to the comptroller, and the amount in the account is
4-21 transferred from the account and <distributed as follows:>
4-22 <(1) one-third shall be appropriated to the agency for
4-23 use by the agency's administration to promote agency productivity
4-24 during the subsequent fiscal year; and>
4-25 <(2) two-thirds> shall be credited to the fund from
4-26 which the original agency or division appropriation was made.
4-27 SECTION 6. Section 2108.109, Government Code, is amended to
5-1 read as follows:
5-2 Sec. 2108.109. PRODUCTIVITY BONUS FUND ACCOUNT; AGENCY AND
5-3 DIVISION ACCOUNTS. (a) The productivity bonus fund account is in
5-4 the general revenue fund in the state treasury. Money in the
5-5 account <fund> may be used for payment of bonuses under this
5-6 subchapter and may be appropriated only as provided by this
5-7 subchapter.
5-8 (b) The state treasurer shall create in the productivity
5-9 bonus fund account a productivity bonus account for each state
5-10 agency or division participating in the productivity bonus program
5-11 <and an account for the commission>.
5-12 (c) During each fiscal year the executive director of an
5-13 eligible agency shall monitor agency or division activities and
5-14 estimate the savings resulting from increased economy and
5-15 efficiency. At the end of the fiscal year the executive director
5-16 shall certify the amount of savings to the comptroller. The
5-17 comptroller shall transfer <three-fourths of> that amount from the
5-18 appropriation of the state agency to the agency's or division's
5-19 productivity bonus account <and one-fourth of that amount from the
5-20 appropriation of the state agency to the commission's account.>
5-21 <(d) The commission may use the amount in its account to
5-22 administer this chapter>.
5-23 SECTION 7. Section 2108.038, Government Code, is repealed.
5-24 SECTION 8. The productivity bonus fund account is recreated
5-25 as an account in the general revenue fund for the purposes
5-26 designated in Subchapter C, Chapter 2108, Government Code.
5-27 SECTION 9. This Act takes effect September 1, 1995.
6-1 SECTION 10. The importance of this legislation and the
6-2 crowded condition of the calendars in both houses create an
6-3 emergency and an imperative public necessity that the
6-4 constitutional rule requiring bills to be read on three several
6-5 days in each house be suspended, and this rule is hereby suspended.