By Junell H.B. No. 3051
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to abolishing the State Employee Incentive Commission and
1-3 the productivity bonus program and transferring responsibility for
1-4 the state employee incentive program to the governor's office.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. The chapter heading for Chapter 2108, Government
1-7 Code, is amended to read as follows:
1-8 CHAPTER 2108. STATE EMPLOYEE INCENTIVE PROGRAM
AND AGENCY PRODUCTIVITY>
1-10 SECTION 2. Subchapter B, Chapter 2108, Government Code, is
1-11 amended to read as follows:
1-12 < SUBCHAPTER B. STATE EMPLOYEE INCENTIVE PROGRAM>
1-13 Sec. 2108.001 < 2108.021>. DEFINITIONS. In this chapter
1-14 < subchapter>:
1-15 (1) "Agency coordinator" means a state employee who is
1-16 designated by the executive director of the employee's agency to
1-17 act as the liaison for purposes of this chapter between that agency
1-18 and the governor's office < commission>.
1-19 (2) "Award" means a bonus or certificate of
1-21 (3) "Bonus" means a monetary award that is granted to
1-22 a state employee in payment for an employee suggestion.
1-23 (4) "Certificate of appreciation" means a nonmonetary
1-24 award that is granted to a state employee in recognition of an
2-1 employee suggestion.
2-2 (5) "Incentive program" means the state employee
2-3 incentive program.
2-4 (6) "State agency" means a department, commission,
2-5 board, office, or other agency in the executive or judicial branch
2-6 of government that is created under the constitution or a statute
2-7 of this state.
2-8 (7) "State employee" means an employee of a state
2-9 agency and does not include an elected or appointed agency
2-11 Sec. 2108.002 < 2108.022>. STATE EMPLOYEE INCENTIVE PROGRAM.
2-12 (a) The state employee incentive program is administered by the
2-13 governor's office.
2-14 (b) The purposes of the state employee incentive program are
2-16 (1) reduce state expenditures, increase state
2-17 revenues, and improve the quality of state services; and
2-18 (2) recognize the contributions made by certain state
2-19 employees in achieving the goals described in Subdivision (1).
2-20 (c) < (b)> An employee may be compensated for a suggestion
2-21 under the incentive program only as provided by this chapter
2-22 < subchapter>.
2-23 Sec. 2108.003 < 2108.023>. AWARDS. (a) From funds
2-24 appropriated or otherwise available for this purpose, the
2-25 governor's office < commission> may grant an award to an eligible
2-26 state employee who makes a suggestion that:
2-27 (1) reduces state expenditures, increases state
3-1 revenues, increases agency productivity, or improves the quality of
3-2 state services; and
3-3 (2) is approved and implemented.
3-4 (b) The governor's office < commission> may grant an award,
3-5 and the comptroller may transfer funds under this chapter
3-6 < subchapter>, before the end of the first year in which a
3-7 suggestion is implemented.
3-8 (c) An award or transfer of funds must be computed on the
3-9 net annual actual or projected savings or increased revenues,
3-10 including savings or increased revenues that result from increased
3-11 productivity, that are certified by the affected state agency and
3-12 the governor's office < commission>.
3-13 (d) An employee is eligible for a bonus of 10 percent of the
3-14 net savings or revenue increases, not to exceed an award of $5,000,
3-15 if the employee's suggestion results in savings or increased
3-16 revenues, including savings or increased revenues that result from
3-17 increased productivity, that:
3-18 (1) can be computed using a cost-benefit analysis; and
3-19 (2) equal or exceed $100 after implementation costs.
3-20 (e) An employee is not eligible for a bonus but may be
3-21 recognized by a certificate of appreciation if the employee's
3-22 suggestion results in:
3-23 (1) intangible savings or benefits that cannot be
3-24 computed using a cost-benefit analysis; or
3-25 (2) a net annual savings or increase in revenues of
3-26 less than $100.
3-27 (f) The governor's office < commission> may also issue a
4-1 certificate of appreciation to each employee who is granted a bonus
4-2 under this chapter < subchapter>.
4-3 (g) The governor's office shall divide any bonus for a
4-4 suggestion submitted by more than one employee among the employees
4-5 submitting the suggestion.
4-6 Sec. 2108.004 < 2108.024>. EMPLOYEE ELIGIBILITY. Each state
4-7 employee is eligible to participate in the incentive program except
4-8 an employee:
4-9 (1) who has authority to implement the suggestion
4-10 being made;
4-11 (2) who is on an unpaid leave of absence;
4-12 (3) whose job description includes responsibility for
4-13 cost analysis, efficiency analysis, savings implementation, or
4-14 other similar programs in the employee's agency;
4-15 (4) who is involved in or has access to agency
4-16 research and development information used as the basis of the
4-17 suggestion; or
4-18 (5) whose job description or routine job duties
4-19 include developing the type of change in agency operations
4-20 recommended by the suggestion.
4-21 Sec. 2108.005 < 2108.025>. EMPLOYEE STATUS; FORMER EMPLOYEES.
4-22 (a) An employee's eligibility under Section 2108.004 < 2108.024> is
4-23 determined on the employee's status when the agency coordinator
4-24 receives the original employee suggestion.
4-25 (b) A former employee is eligible for an award if the
4-26 employee's suggestion is implemented on or before the second
4-27 anniversary of the date of final disposition of the suggestion. A
5-1 bonus granted to an employee who dies before the bonus is received
5-2 shall be paid to the employee's estate.
5-3 Sec. 2108.006 < 2108.026>. ELIGIBLE SUGGESTION. (a) To be
5-4 eligible for consideration under the incentive program an employee
5-5 suggestion must:
5-6 (1) be given to the agency coordinator;
5-7 (2) be in writing and in the form the governor's
5-8 office < commission> prescribes;
5-9 (3) be signed by the employee;
5-10 (4) propose a reasonable implementation method; and
5-11 (5) describe the type of cost savings or other benefit
5-12 the employee foresees if the suggestion is adopted.
5-13 (b) An employee is not eligible to receive an award under
5-14 this chapter < subchapter> for a suggestion that:
5-15 (1) does not describe a method to achieve the desired
5-16 savings or benefit;
5-17 (2) proposes an idea under implementation or
5-18 consideration on the date the suggestion is given to the agency;
5-19 (3) relates only to personnel matters or grievances,
5-20 including employee classification or compensation;
5-21 (4) proposes a correction for a condition that
5-22 resulted only because applicable established procedures were not
5-23 properly followed; or
5-24 (5) proposes implementation of a policy or procedure
5-25 that the employee's agency adopted before the employee made the
5-26 suggestion to the agency.
5-27 Sec. 2108.007 < 2108.027>. MULTIPLE AND JOINT SUGGESTIONS.
6-1 (a) If two or more employees submit the same suggestion relating
6-2 to the same agency, the first suggestion that the agency
6-3 coordinator receives is eligible for consideration.
6-4 (b) If the same suggestion is received on the same day from
6-5 two or more employees working at different locations, a bonus
6-6 granted for the suggestion may be divided equally among the
6-8 (c) Two or more employees may submit a joint suggestion. A
6-9 bonus granted for the suggestion shall < may> be divided equally
6-10 among the employees.
6-11 Sec. 2108.008 < 2108.028>. AGENCY COORDINATOR. (a) Each
6-12 state agency shall designate an agency coordinator.
6-13 (b) An agency coordinator shall:
6-14 (1) promote employee participation in the incentive
6-16 (2) obtain an impartial evaluation of each employee
6-18 (3) promote the implementation of adopted suggestions
6-19 by the agency;
6-20 (4) monitor the cost savings and other benefits that
6-21 result from the implementation of an employee suggestion;
6-22 (5) file reports with the governor's office
6-23 < commission> as required by < commission> rule of the governor's
6-24 office; and
6-25 (6) arrange and conduct intraagency award ceremonies
6-26 to recognize agency employees who are granted awards under this
6-27 chapter < subchapter>.
7-1 Sec. 2108.009 < 2108.029>. ELIGIBILITY DETERMINATION BY
7-2 AGENCY COORDINATOR. (a) An agency coordinator shall make the
7-3 initial determination of the eligibility of an employee suggestion
7-4 or of an agency employee who makes a suggestion.
7-5 (b) An employee who is aggrieved by an eligibility
7-6 determination of an agency coordinator may request a
7-8 (c) The governor's office < commission> shall adopt rules to
7-9 govern the redetermination process. An agency coordinator shall
7-10 give each employee who makes a suggestion a copy of the
7-11 < commission> rules of the governor's office relating to
7-12 redeterminations or reevaluations.
7-13 Sec. 2108.010 < 2108.030>. PROCEDURE. (a) Not later than
7-14 the 90th day after the date an agency coordinator receives an
7-15 employee suggestion, the agency coordinator shall send the
7-16 suggestion and the evaluation of the suggestion to the governor's
7-17 office < commission> for further analysis and comment regarding
7-18 implementation. If, after any necessary analysis, the governor's
7-19 office < commission> determines that the suggestion has merit, the
7-20 governor's office < commission> shall refer the suggestion to each
7-21 appropriate state agency for proposed adoption and implementation.
7-22 (b) Not later than the 30th day after the date the
7-23 governor's office < commission> makes a final determination on
7-24 adoption or rejection of an employee suggestion, the governor's
7-25 office < commission> shall notify in writing each employee who
7-26 proposed the suggestion of the < commission's> determination of the
7-27 governor's office.
8-1 (c) Final adoption of an employee suggestion is at the
8-2 discretion of the chief administrative officers of each agency. An
8-3 agency that implements a suggestion proposed under this chapter
8-4 < subchapter> shall provide information the governor's office
8-5 < commission> requests that is necessary to compute the amount of
8-6 savings or other benefits derived from the suggestion.
8-7 Sec. 2108.011 < 2108.031>. GOVERNOR'S OFFICE < COMMISSION> AS
8-8 ARBITER; APPEAL. (a) The governor's office < commission> is the
8-9 final arbiter of any dispute arising from the implementation of the
8-10 incentive program or from eligibility determination.
8-11 (b) An employee may not appeal a < commission> decision of
8-12 the governor's office to a court.
8-13 Sec. 2108.012 < 2108.032>. REEVALUATION OF SUGGESTION. An
8-14 employee whose suggestion has been rejected may request a
8-15 reevaluation of the suggestion if the employee has reasonable
8-16 grounds to believe that the importance of the suggestion has been
8-17 overlooked or misinterpreted. The employee must make the request
8-18 in writing not later than the 30th day after the date the employee
8-19 receives notice of the rejection. The employee shall provide any
8-20 additional information that the employee considers useful to the
8-22 Sec. 2108.013 < 2108.033>. SUGGESTION ADOPTED BEFORE
8-23 SUBMISSION TO AGENCY COORDINATOR. The governor's office
8-24 < commission> may grant a bonus or issue a certificate of
8-25 appreciation to an employee who makes a suggestion that results in
8-26 an agency's adopting a policy or procedure before the suggestion is
8-27 submitted to the agency coordinator if the employee or agency
9-1 demonstrates to the governor's office < commission> that:
9-2 (1) the employee making the suggestion is eligible
9-3 under this chapter < subchapter>;
9-4 (2) the suggestion is eligible under this chapter
9-5 < subchapter>;
9-6 (3) the employee proposed a reasonable method of
9-7 implementation and described the type of savings or benefit
9-8 foreseen to the agency before agency implementation; and
9-9 (4) the agency adopted the policy or procedure as a
9-10 result of the suggestion.
9-11 Sec. 2108.014 < 2108.034>. SUGGESTION REQUIRING LEGISLATIVE
9-12 ACTION. The governor's office < commission> shall note a suggestion
9-13 that requires legislative action. If, as a direct result of an
9-14 employee suggestion, legislation is passed to implement the
9-15 suggestion, the governor's office < commission> shall consider the
9-16 suggestion for an award. The employee's agency coordinator shall
9-17 notify the governor's office < commission> if implementing
9-18 legislation is passed.
9-19 Sec. 2108.015 < 2108.035>. CONFIDENTIALITY. On request of an
9-20 employee who has made a suggestion under this chapter < subchapter>,
9-21 the governor's office < commission> to the greatest extent possible
9-22 shall maintain the employee's confidentiality in the evaluation or
9-23 award process.
9-24 Sec. 2108.016 < 2108.036>. CLAIMS ASSIGNED TO STATE. By
9-25 submitting a suggestion under this chapter < subchapter>, an
9-26 employee agrees with the state that a claim of the employee based
9-27 on the suggestion, including a patent, copyright, trademark, or
10-1 other similar claim, is assigned to the state.
10-2 Sec. 2108.017 < 2108.037>. FUNDS TRANSFER. (a) The
10-3 comptroller shall transfer the amount certified by the governor's
10-4 office < commission> and the affected agency as the actual or
10-5 projected savings or increased revenues attributable to an
10-6 implemented suggestion from a fund affected by the savings or
10-7 increased revenues.
10-8 (b) The comptroller shall transfer the amount certified
10-9 under Subsection (a) as follows:
10-10 (1) 50 < 40> percent to the fund from which the
10-11 original appropriation to the affected fund was made;
10-12 (2) 40 percent to an appropriate fund from which the
10-13 affected agency may award merit pay increases to individuals in the
10-14 agency; and
10-15 (3) 10 < 20> percent to the special fund established
10-16 for the governor's office < commission> under Section 2108.018
10-17 < 2108.038>.
10-18 (c) If increased productivity attributable to an implemented
10-19 suggestion results in savings or increased revenues that can be
10-20 computed as provided by Section 2108.003(c) < 2108.023(c)> but that
10-21 will not permit the affected agency to transfer or to have an
10-22 unexpended balance of appropriated money, the governor's office
10-23 < commission> and the affected agency shall certify the amount of
10-24 actual or projected savings or increased revenues that are
10-25 attributable to the suggestion, and the comptroller shall transfer
10-26 20 percent of that amount from a fund affected by the savings or
10-27 increased revenues to the special fund established under Section
11-1 2108.018 < 2108.038>.
11-2 Sec. 2108.018 < 2108.038>. SPECIAL FUND. (a) An amount
11-3 transferred under Section 2108.017(b)(3) or (c) < 2108.037(b)(3) or
11-4 (c)> shall be deposited in the state treasury to the credit of a
11-5 special fund. Money in the fund may be used by the governor's
11-6 office < commission> for bonuses awarded under this chapter
11-7 < subchapter and to administer the commission>.
11-8 (b) The comptroller shall transfer any amount remaining in
11-9 the special fund on the last day of a state fiscal biennium to the
11-10 general revenue fund or other funds as appropriate.
11-11 Sec. 2108.019 < 2108.039>. CHANGE TO INCENTIVE PROGRAM. The
11-12 state may change or terminate the incentive program at any time
11-13 without prior notice.
11-14 SECTION 3. Subchapters A and C, Chapter 2108, Government
11-15 Code, are repealed.
11-16 SECTION 4. (a) In addition to the substantive changes in
11-17 law made by this Act, this Act conforms the Government Code to
11-18 Section 1, Chapter 333, Acts of the 73rd Legislature, Regular
11-19 Session, 1993.
11-20 (b) Section 1, Chapter 333, Acts of the 73rd Legislature,
11-21 Regular Session, 1993, is repealed.
11-22 (c) To the extent of any conflict, this Act prevails over
11-23 another Act of the 74th Legislature, Regular Session, 1995,
11-24 relating to nonsubstantive additions to and corrections in enacted
11-26 SECTION 5. This Act takes effect August 31, 1995. On that
11-27 date, the State Employee Incentive Commission and the productivity
12-1 bonus program are abolished. All powers, duties, obligations,
12-2 rights, property, funds, employees, and appropriations of the State
12-3 Employee Incentive Commission are transferred to the governor's
12-4 office. A rule, form, decision, or procedure of the State Employee
12-5 Incentive Commission that relates to the state employee incentive
12-6 program is continued in effect as a rule, form, decision, or
12-7 procedure of the governor's office until superseded by appropriate
12-8 action of the governor's office. A suggestion under the state
12-9 employee incentive program that is before the State Employee
12-10 Incentive Commission is transferred without change in status to the
12-11 governor's office.
12-12 SECTION 6. The importance of this legislation and the
12-13 crowded condition of the calendars in both houses create an
12-14 emergency and an imperative public necessity that the
12-15 constitutional rule requiring bills to be read on three several
12-16 days in each house be suspended, and this rule is hereby suspended.