By Combs                                              H.B. No. 3087
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the Texas Incentive and Productivity Commission and its
    1-3  operation of the state employee incentive program and the
    1-4  productivity bonus program.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.   Subchapter B, Chapter 2108, Government Code, is
    1-7  amended by adding Sections 2108.0221 and 2108.0222 to read as
    1-8  follows:
    1-9        Sec. 2108.0221.  STATE AGENCY REINVESTMENT ACCOUNTS.  (a)
   1-10  The comptroller shall create a reinvestment account for each state
   1-11  agency.
   1-12        (b)  Money in a state agency's reinvestment account may be
   1-13  appropriated only:
   1-14              (1)  to the agency for the purpose of paying bonuses
   1-15  granted by the commission under this subchapter to an eligible
   1-16  employee of the agency;
   1-17              (2)  to the agency for the purpose of training the
   1-18  agency's employees; or
   1-19              (3)  to the agency or another appropriate entity for
   1-20  the purpose of capital expenditures made by or for the agency that
   1-21  may reasonably be expected to increase productivity at the agency.
   1-22        Sec. 2108.0222.  MONEY FOR OPERATION OF THIS SUBCHAPTER.  (a)
   1-23  The legislature shall appropriate money for the operation of the
    2-1  commission by providing that each state agency shall pay an amount
    2-2  of money to the commission out of the agency's appropriation.  The
    2-3  amount paid to the commission out of each agency's appropriation is
    2-4  computed by multiplying an amount set by rule of the commission
    2-5  times the number of full-time equivalent employees employed by the
    2-6  agency.
    2-7        (b)  Each state agency's payment shall be made to the
    2-8  commission in the manner prescribed by the General Appropriations
    2-9  Act.
   2-10        (c)  Under this section, the number of full-time equivalent
   2-11  employees is computed as prescribed by Section 2052.102.
   2-12        SECTION 2.  Section 2108.022, Government Code, is amended by
   2-13  adding Subsections (c) and (d) to read as follows:
   2-14        (c)  The commission may refer to the incentive program by a
   2-15  different name and may authorize a state agency to refer to the
   2-16  incentive program by a different name.
   2-17        (d)  The commission by rule may adopt procedures to allow
   2-18  communications between the commission and a state agency by
   2-19  facsimile or on-line transmission of information.  The commission
   2-20  may allow an employee suggestion to be transmitted on-line to the
   2-21  commission, and the suggestion transmitted on-line is not required
   2-22  to be signed by the employee making the suggestion.
   2-23        SECTION 3.  Sections 2108.037(b) and (c), Government Code,
   2-24  are amended to read as follows:
   2-25        (b)  The comptroller shall transfer the amount certified
    3-1  under Subsection (a) <as follows:>
    3-2              <(1)  40 percent to the fund from which the original
    3-3  appropriation> to the affected agency's reinvestment account <fund
    3-4  was made;>
    3-5              <(2)  40 percent to an appropriate fund from which the
    3-6  affected agency may award merit pay increases to individuals in the
    3-7  agency; and>
    3-8              <(3)  20 percent to the special fund established for
    3-9  the commission under Section 2108.038>.
   3-10        (c)  The state agency that employs an employee receiving a
   3-11  bonus granted by the commission shall pay the bonus. If the
   3-12  affected agency <increased productivity attributable to an>
   3-13  implemented a suggestion made by an eligible employee who is
   3-14  employed by another state agency, <results in savings or increased
   3-15  revenues that can be computed as provided by Section 2108.023(c)
   3-16  but that will not permit> the comptroller shall transfer the amount
   3-17  of the bonus from the reinvestment account of the affected agency
   3-18  to an appropriate fund or account to the credit of the employing
   3-19  agency so that the employing agency may pay the bonus <transfer or
   3-20  to have an unexpended balance of appropriated money, the commission
   3-21  and the affected agency shall certify the amount of actual or
   3-22  projected savings or increased revenues that are attributable to
   3-23  the suggestion, and the comptroller shall transfer 20 percent of
   3-24  that amount from a fund affected by the savings or increased
   3-25  revenues to the special fund established under Section 2108.038>.
    4-1        SECTION 4.  Section 2108.102, Government Code, is amended by
    4-2  adding Subsection (e) to read as follows:
    4-3        (e)  The commission may adopt rules to make the approval and
    4-4  clarification process as efficient as possible.
    4-5        SECTION 5.  Section 2108.103, Government Code, is amended by
    4-6  adding Subsection (c) to read as follows:
    4-7        (c)  The commission may adopt rules to make the application
    4-8  process as efficient as possible.
    4-9        SECTION 6.    Section 2108.104, Government Code, is amended
   4-10  by adding Subsection (d) to read as follows:
   4-11        (d)  The commission may adopt rules to make the process of
   4-12  determining whether to make an award as efficient as possible.
   4-13        SECTION 7.    Section 2108.038, Government Code, is repealed.
   4-14        SECTION 8.  The productivity bonus fund account is re-created
   4-15  as an account in the general revenue fund for the purposes
   4-16  designated in Subchapter C, Chapter 2108, Government Code.
   4-17        SECTION 9.  This Act takes effect September 1, 1995.
   4-18        SECTION 10.  The importance of this legislation and the
   4-19  crowded condition of the calendars in both houses create an
   4-20  emergency and an imperative public necessity that the
   4-21  constitutional rule requiring bills to be read on three several
   4-22  days in each house be suspended, and this rule is hereby suspended.