74R11750 JRD-D
By Cain S.B. No. 1428
Substitute the following for S.B. No. 1428:
By Seidlits C.S.S.B. No. 1428
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to abolishing certain state governmental entities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 ARTICLE 1. ABOLITION OF THE ADVISORY BOARD TO THE BILL BLACKWOOD
1-5 LAW ENFORCEMENT MANAGEMENT INSTITUTE OF TEXAS
1-6 SECTION 1.01. The Bill Blackwood Law Enforcement Management
1-7 Institute of Texas advisory board is abolished.
1-8 SECTION 1.02. Section 96.64, Education Code, is amended to
1-9 read as follows:
1-10 Sec. 96.64. BILL BLACKWOOD LAW ENFORCEMENT MANAGEMENT
1-11 INSTITUTE OF TEXAS. (a) <a In this section "board" means the
1-12 advisory board of the institute.>
1-13 <(b)> The Bill Blackwood Law Enforcement Management
1-14 Institute of Texas is created for the training of police management
1-15 personnel. The headquarters of the institute are at Sam Houston
1-16 State University. The institute is under the supervision and
1-17 direction of the president of Sam Houston State University and
1-18 shall be operated and managed as a joint program between Sam
1-19 Houston State University, Texas A&M University, and Texas Woman's
1-20 University.
1-21 (b) <(c) The institute's advisory board is composed of nine
1-22 members appointed as follows:>
1-23 <(1) one by the governor, who must be a licensed peace
1-24 officer with supervisory experience;>
2-1 <(2) one by the lieutenant governor, who must be a
2-2 licensed peace officer with supervisory experience;>
2-3 <(3) one by the speaker of the house of
2-4 representatives, who must be a licensed peace officer with
2-5 supervisory experience;>
2-6 <(4) one by the president of Sam Houston State
2-7 University;>
2-8 <(5) one by the president of Texas A&M University;>
2-9 <(6) one by the president of Texas Woman's University;
2-10 and>
2-11 <(7) three by the Commission on Law Enforcement
2-12 Officer Standards and Education, two of whom must be licensed,
2-13 nonsupervisory peace officers.>
2-14 <(d) Appointments to the board shall be made without regard
2-15 to the race, color, religion, sex, handicap, or national origin of
2-16 the appointee.>
2-17 <(e) The commissioner of higher education of the Texas
2-18 Higher Education Coordinating Board, the commissioner of the
2-19 Central Education Agency, the director of the Department of Public
2-20 Safety of the State of Texas, the executive director of the
2-21 criminal justice division of the office of the governor, and the
2-22 attorney general shall serve as nonvoting ex officio members of the
2-23 board.>
2-24 <(f) To be eligible for appointment to the board, a person
2-25 must be at least 21 years of age and a resident of this state.
2-26 Each appointee must be of good character and may not have been
2-27 convicted of a felony or a misdemeanor involving moral turpitude.
3-1 Each appointee must have relevant experience and knowledge of law
3-2 enforcement. It is a ground for removal from the board if a member
3-3 does not have at the time of appointment the qualifications
3-4 required for appointment to the board or does not maintain during
3-5 service on the board the qualifications required for appointment to
3-6 the board.>
3-7 <(g) Members of the board hold office for two-year terms,
3-8 with each member's term expiring February 1 of each odd-numbered
3-9 year. If a vacancy occurs during a term, the individual who
3-10 appointed the member who has vacated the board position shall
3-11 appoint a replacement who meets the qualifications of the vacated
3-12 office to serve the unexpired portion of the term. A member may not
3-13 serve more than three full terms.>
3-14 <(h) The board shall elect a chairman, a vice-chairman, and
3-15 a secretary from the appointed members at its first meeting after
3-16 new appointments to fill regular terms. The board shall meet at
3-17 least once in each calendar quarter and may meet at other times as
3-18 necessary to perform the duties of the board. Five of the
3-19 appointed members constitute a quorum.>
3-20 <(i) A member serves without compensation for service on the
3-21 board but is entitled to reimbursement for actual and necessary
3-22 expenses incurred in performing functions as a member of the board.>
3-23 <(j) The board shall advise the president on issues related
3-24 to the operation of the institute, including curriculum, admission
3-25 standards, scholarship criteria, certification standards for
3-26 classes taught through the institute, and the location of the
3-27 institute's campuses. The president may assign additional advisory
4-1 duties to the board.> The president may establish rules relating
4-2 to the institute <but the president may not establish a rule before
4-3 reviewing any recommendation relating to that rule made by the
4-4 board. The board shall submit reports to the president relating to
4-5 the operation of the institute as prescribed by the president>.
4-6 (c) <(k)> The president <with the advice of the board> shall
4-7 establish reasonable charges for participation in institute
4-8 training programs by participants who are not residents of this
4-9 state. The participation costs of participants who are residents,
4-10 including tuition, books, room, board, and travel costs, shall be
4-11 paid from the Bill Blackwood Law Enforcement Management Institute
4-12 of Texas fund. Participation in the institute training programs is
4-13 open to every eligible resident of this state, whether or not the
4-14 person is sponsored by an employing law enforcement agency.
4-15 (d) <(l)> The Bill Blackwood Law Enforcement Management
4-16 Institute of Texas fund is in the state treasury. The president
4-17 shall use the fund in administering the institute.
4-18 ARTICLE 2. ABOLITION OF BEACH STUDY COMMITTEE
4-19 SECTION 2.01. The beach study committee is abolished.
4-20 SECTION 2.02. Subchapter G, Chapter 61, Natural Resources
4-21 Code, is repealed.
4-22 ARTICLE 3. ABOLITION OF TEXAS CHILDREN
4-23 2000 ORGANIZATIONAL COMMITTEE
4-24 SECTION 3.01. The Texas Children 2000 Organizational
4-25 Committee is abolished.
4-26 SECTION 3.02. Chapter 78, Human Resources Code, is repealed.
4-27 ARTICLE 4. ABOLITION OF JOINT INTERIM COMMITTEE ON THE TEXAS
5-1 CULTURAL ENDOWMENT FUND
5-2 SECTION 4.01. The joint interim committee on the Texas
5-3 Cultural Endowment Fund is abolished.
5-4 SECTION 4.02. Section 7(b), Chapter 951, Acts of the 73rd
5-5 Legislature, Regular Session, 1993, is repealed.
5-6 ARTICLE 5. ABOLITION OF TEXAS HIGH-SPEED RAIL AUTHORITY
5-7 SECTION 5.01. The Texas High-Speed Rail Authority is
5-8 abolished.
5-9 SECTION 5.02. The Texas High-Speed Rail Act (Article
5-10 6674v.2, Revised Statutes) is repealed.
5-11 SECTION 5.03. The transfer of the powers and duties of the
5-12 Texas High-Speed Rail Authority as provided by Article 4, Chapter
5-13 7, Acts of the 72nd Legislature, 1st Called Session, 1991, does not
5-14 take effect.
5-15 SECTION 5.04. All unobligated funds of the Texas High-Speed
5-16 Rail Authority are transferred to the general revenue fund.
5-17 ARTICLE 6. ABOLITION OF TEXAS PARTNERSHIP
5-18 FOR ECONOMIC DEVELOPMENT
5-19 SECTION 6.01. The Texas Partnership for Economic Development
5-20 is abolished. If the partnership has been organized as a nonprofit
5-21 corporation, the partnership may continue to exist after the
5-22 effective date of this Act only for the purposes of dissolving and
5-23 of disposing of any unencumbered assets in accordance with law. If
5-24 the partnership has not been organized as a nonprofit corporation,
5-25 any unencumbered assets of the partnership, including property and
5-26 records, are transferred to the Texas Department of Commerce.
5-27 SECTION 6.02. Subchapter Z, Chapter 481, Government Code, is
6-1 repealed.
6-2 ARTICLE 7. ABOLITION OF EDWARDS AQUIFER LEGISLATIVE
6-3 OVERSIGHT COMMITTEE
6-4 SECTION 7.01. The Edwards Aquifer Legislative Oversight
6-5 Committee is abolished.
6-6 SECTION 7.02. Section 3.01, Chapter 626, Acts of the 73rd
6-7 Legislature, Regular Session, 1993, is repealed.
6-8 ARTICLE 8. ABOLITION OF EDUCATIONAL ECONOMIC POLICY CENTER
6-9 SECTION 8.01. The Educational Economic Policy Center is
6-10 abolished.
6-11 SECTION 8.02. Sections 11.271(d) and (h), Education Code,
6-12 are amended to read as follows:
6-13 (d) Each fiscal year, the board, after deducting the cost of
6-14 administration not to exceed an amount set by appropriation, shall
6-15 make disbursements from the public education development fund to
6-16 <the Educational Economic Policy Center in a total amount approved
6-17 by the Legislative Budget Board. The board shall disburse the
6-18 remainder of the fund to> eligible school campuses.
6-19 (h) From funds appropriated for the public education
6-20 development fund, the comptroller shall issue warrants to <the
6-21 Educational Economic Policy Center and to> each eligible school
6-22 campus's school district in the amount certified by the board to
6-23 the comptroller.
6-24 SECTION 8.03. Section 11.271(i), Education Code, is
6-25 repealed.
6-26 SECTION 8.04. Subchapter C, Chapter 34, Education Code, is
6-27 repealed.
7-1 ARTICLE 9. ABOLITION OF ENVIRONMENTAL ADVISORY COMMITTEE
7-2 TO THE TEXAS DEPARTMENT OF TRANSPORTATION
7-3 SECTION 9.01. The environmental advisory committee to the
7-4 Texas Department of Transportation is abolished.
7-5 SECTION 9.02. Section 2, Article 6673g, Revised Statutes, as
7-6 added by Section 17, Chapter 551, Acts of the 72nd Legislature,
7-7 Regular Session, 1991, is repealed.
7-8 ARTICLE 10. ABOLITION OF GATEWAY STATE PARK BOARD
7-9 SECTION 10.01. The Gateway State Park Board is abolished.
7-10 SECTION 10.02. Section 22.243, Parks and Wildlife Code, is
7-11 amended to read as follows:
7-12 Sec. 22.243. POWERS AND DUTIES OF DEPARTMENT <BOARD>.
7-13 <(a)> The <board shall lease Gateway State Park from the>
7-14 department <and> shall operate and maintain the park as a state
7-15 park. The department <may provide funds to the board for the
7-16 operation and maintenance of the park.>
7-17 <(b) The board> may:
7-18 (1) set and charge reasonable fees for entrance to the
7-19 park and for any other services as appropriate;
7-20 (2) grant concessions and leases in the park;
7-21 (3) hire personnel necessary to perform its duties
7-22 under this subchapter;
7-23 (4) establish and enforce rules and regulations for
7-24 use of the park;
7-25 (5) lease portions of the park and contract for
7-26 mineral, agricultural, or any other purposes; and
7-27 (6) retain all fees, charges, rentals, concession
8-1 proceeds, and other revenues generated in the park from any source
8-2 for use in the park for operation, maintenance, policing, or
8-3 capital improvements.
8-4 SECTION 10.03. Section 22.241(d), Parks and Wildlife Code,
8-5 is repealed.
8-6 SECTION 10.04. Section 22.242, Parks and Wildlife Code, is
8-7 repealed.
8-8 ARTICLE 11. ABOLITION OF TEXAS HAZARDOUS MATERIALS SAFETY COUNCIL
8-9 SECTION 11.01. The Texas Hazardous Materials Safety Council
8-10 is abolished.
8-11 SECTION 11.02. Chapter 504, Health and Safety Code, is
8-12 repealed.
8-13 ARTICLE 12. ABOLITION OF TEXAS INCENTIVE AND
8-14 PRODUCTIVITY COMMISSION
8-15 SECTION 12.01. The Texas Incentive and Productivity
8-16 Commission and the productivity bonus program are abolished.
8-17 SECTION 12.02. The chapter heading for Chapter 2108,
8-18 Government Code, is amended to read as follows:
8-19 CHAPTER 2108. STATE EMPLOYEE INCENTIVE PROGRAM
8-20 <AND AGENCY PRODUCTIVITY>
8-21 SECTION 12.03. Subchapter B, Chapter 2108, Government Code,
8-22 is amended to read as follows:
8-23 <SUBCHAPTER B. STATE EMPLOYEE INCENTIVE PROGRAM>
8-24 Sec. 2108.001 <2108.021>. DEFINITIONS. In this chapter
8-25 <subchapter>:
8-26 (1) "Agency coordinator" means a state employee who is
8-27 designated by the executive director of the employee's agency to
9-1 act as the liaison for purposes of this chapter between that agency
9-2 and the governor's office <commission>.
9-3 (2) "Award" means a bonus or certificate of
9-4 appreciation.
9-5 (3) "Bonus" means a monetary award that is granted to
9-6 a state employee in payment for an employee suggestion.
9-7 (4) "Certificate of appreciation" means a nonmonetary
9-8 award that is granted to a state employee in recognition of an
9-9 employee suggestion.
9-10 (5) "Incentive program" means the state employee
9-11 incentive program.
9-12 (6) "State agency" means a department, commission,
9-13 board, office, or other agency in the executive or judicial branch
9-14 of government that is created under the constitution or a statute
9-15 of this state.
9-16 (7) "State employee" means an employee of a state
9-17 agency and does not include an elected or appointed agency
9-18 official.
9-19 Sec. 2108.002 <2108.022>. STATE EMPLOYEE INCENTIVE PROGRAM.
9-20 (a) The state employee incentive program is administered by the
9-21 governor's office.
9-22 (b) The purposes of the state employee incentive program are
9-23 to:
9-24 (1) reduce state expenditures, increase state
9-25 revenues, and improve the quality of state services; and
9-26 (2) recognize the contributions made by certain state
9-27 employees in achieving the goals described in Subdivision (1).
10-1 (c) <(b)> An employee may be compensated for a suggestion
10-2 under the incentive program only as provided by this chapter
10-3 <subchapter>.
10-4 Sec. 2108.003 <2108.023>. AWARDS. (a) From funds
10-5 appropriated or otherwise available for this purpose, the
10-6 governor's office <commission> may grant an award to an eligible
10-7 state employee who makes a suggestion that:
10-8 (1) reduces state expenditures, increases state
10-9 revenues, increases agency productivity, or improves the quality of
10-10 state services; and
10-11 (2) is approved and implemented.
10-12 (b) The governor's office <commission> may grant an award,
10-13 and the comptroller may transfer funds under this chapter
10-14 <subchapter>, before the end of the first year in which a
10-15 suggestion is implemented.
10-16 (c) An award or transfer of funds must be computed on the
10-17 net annual actual or projected savings or increased revenues,
10-18 including savings or increased revenues that result from increased
10-19 productivity, that are certified by the affected state agency and
10-20 the governor's office <commission>.
10-21 (d) An employee is eligible for a bonus of 10 percent of the
10-22 net savings or revenue increases, not to exceed an award of $5,000,
10-23 if the employee's suggestion results in savings or increased
10-24 revenues, including savings or increased revenues that result from
10-25 increased productivity, that:
10-26 (1) can be computed using a cost-benefit analysis; and
10-27 (2) equal or exceed $100 after implementation costs.
11-1 (e) An employee is not eligible for a bonus but may be
11-2 recognized by a certificate of appreciation if the employee's
11-3 suggestion results in:
11-4 (1) intangible savings or benefits that cannot be
11-5 computed using a cost-benefit analysis; or
11-6 (2) a net annual savings or increase in revenues of
11-7 less than $100.
11-8 (f) The governor's office <commission> may also issue a
11-9 certificate of appreciation to each employee who is granted a bonus
11-10 under this chapter <subchapter>.
11-11 (g) The governor's office shall divide any bonus for a
11-12 suggestion submitted by more than one employee among the employees
11-13 submitting the suggestion.
11-14 Sec. 2108.004 <2108.024>. EMPLOYEE ELIGIBILITY. Each state
11-15 employee is eligible to participate in the incentive program except
11-16 an employee:
11-17 (1) who has authority to implement the suggestion
11-18 being made;
11-19 (2) who is on an unpaid leave of absence;
11-20 (3) whose job description includes responsibility for
11-21 cost analysis, efficiency analysis, savings implementation, or
11-22 other similar programs in the employee's agency;
11-23 (4) who is involved in or has access to agency
11-24 research and development information used as the basis of the
11-25 suggestion; or
11-26 (5) whose job description or routine job duties
11-27 include developing the type of change in agency operations
12-1 recommended by the suggestion.
12-2 Sec. 2108.005 <2108.025>. EMPLOYEE STATUS; FORMER EMPLOYEES.
12-3 (a) An employee's eligibility under Section 2108.004 <2108.024> is
12-4 determined on the employee's status when the agency coordinator
12-5 receives the original employee suggestion.
12-6 (b) A former employee is eligible for an award if the
12-7 employee's suggestion is implemented on or before the second
12-8 anniversary of the date of final disposition of the suggestion. A
12-9 bonus granted to an employee who dies before the bonus is received
12-10 shall be paid to the employee's estate.
12-11 Sec. 2108.006 <2108.026>. ELIGIBLE SUGGESTION. (a) To be
12-12 eligible for consideration under the incentive program an employee
12-13 suggestion must:
12-14 (1) be given to the agency coordinator;
12-15 (2) be in writing and in the form the governor's
12-16 office <commission> prescribes;
12-17 (3) be signed by the employee;
12-18 (4) propose a reasonable implementation method; and
12-19 (5) describe the type of cost savings or other benefit
12-20 the employee foresees if the suggestion is adopted.
12-21 (b) An employee is not eligible to receive an award under
12-22 this chapter <subchapter> for a suggestion that:
12-23 (1) does not describe a method to achieve the desired
12-24 savings or benefit;
12-25 (2) proposes an idea under implementation or
12-26 consideration on the date the suggestion is given to the agency;
12-27 (3) relates only to personnel matters or grievances,
13-1 including employee classification or compensation;
13-2 (4) proposes a correction for a condition that
13-3 resulted only because applicable established procedures were not
13-4 properly followed; or
13-5 (5) proposes implementation of a policy or procedure
13-6 that the employee's agency adopted before the employee made the
13-7 suggestion to the agency.
13-8 Sec. 2108.007 <2108.027>. MULTIPLE AND JOINT SUGGESTIONS.
13-9 (a) If two or more employees submit the same suggestion relating
13-10 to the same agency, the first suggestion that the agency
13-11 coordinator receives is eligible for consideration.
13-12 (b) If the same suggestion is received on the same day from
13-13 two or more employees working at different locations, a bonus
13-14 granted for the suggestion may be divided equally among the
13-15 employees.
13-16 (c) Two or more employees may submit a joint suggestion. A
13-17 bonus granted for the suggestion shall <may> be divided equally
13-18 among the employees.
13-19 Sec. 2108.008 <2108.028>. AGENCY COORDINATOR. (a) Each
13-20 state agency shall designate an agency coordinator.
13-21 (b) An agency coordinator shall:
13-22 (1) promote employee participation in the incentive
13-23 program;
13-24 (2) obtain an impartial evaluation of each employee
13-25 suggestion;
13-26 (3) promote the implementation of adopted suggestions
13-27 by the agency;
14-1 (4) monitor the cost savings and other benefits that
14-2 result from the implementation of an employee suggestion;
14-3 (5) file reports with the governor's office
14-4 <commission> as required by <commission> rule of the governor's
14-5 office; and
14-6 (6) arrange and conduct intraagency award ceremonies
14-7 to recognize agency employees who are granted awards under this
14-8 chapter <subchapter>.
14-9 Sec. 2108.009 <2108.029>. ELIGIBILITY DETERMINATION BY
14-10 AGENCY COORDINATOR. (a) An agency coordinator shall make the
14-11 initial determination of the eligibility of an employee suggestion
14-12 or of an agency employee who makes a suggestion.
14-13 (b) An employee who is aggrieved by an eligibility
14-14 determination of an agency coordinator may request a
14-15 redetermination.
14-16 (c) The governor's office <commission> shall adopt rules to
14-17 govern the redetermination process. An agency coordinator shall
14-18 give each employee who makes a suggestion a copy of the
14-19 <commission> rules of the governor's office relating to
14-20 redeterminations or reevaluations.
14-21 Sec. 2108.010 <2108.030>. PROCEDURE. (a) Not later than
14-22 the 90th day after the date an agency coordinator receives an
14-23 employee suggestion, the agency coordinator shall send the
14-24 suggestion and the evaluation of the suggestion to the governor's
14-25 office <commission> for further analysis and comment regarding
14-26 implementation. If, after any necessary analysis, the governor's
14-27 office <commission> determines that the suggestion has merit, the
15-1 governor's office <commission> shall refer the suggestion to each
15-2 appropriate state agency for proposed adoption and implementation.
15-3 (b) Not later than the 30th day after the date the
15-4 governor's office <commission> makes a final determination on
15-5 adoption or rejection of an employee suggestion, the governor's
15-6 office <commission> shall notify in writing each employee who
15-7 proposed the suggestion of the <commission's> determination of the
15-8 governor's office.
15-9 (c) Final adoption of an employee suggestion is at the
15-10 discretion of the chief administrative officers of each agency. An
15-11 agency that implements a suggestion proposed under this chapter
15-12 <subchapter> shall provide information the governor's office
15-13 <commission> requests that is necessary to compute the amount of
15-14 savings or other benefits derived from the suggestion.
15-15 Sec. 2108.011 <2108.031>. GOVERNOR'S OFFICE <COMMISSION> AS
15-16 ARBITER; APPEAL. (a) The governor's office <commission> is the
15-17 final arbiter of any dispute arising from the implementation of the
15-18 incentive program or from eligibility determination.
15-19 (b) An employee may not appeal a <commission> decision of
15-20 the governor's office to a court.
15-21 Sec. 2108.012 <2108.032>. REEVALUATION OF SUGGESTION. An
15-22 employee whose suggestion has been rejected may request a
15-23 reevaluation of the suggestion if the employee has reasonable
15-24 grounds to believe that the importance of the suggestion has been
15-25 overlooked or misinterpreted. The employee must make the request
15-26 in writing not later than the 30th day after the date the employee
15-27 receives notice of the rejection. The employee shall provide any
16-1 additional information that the employee considers useful to the
16-2 reevaluation.
16-3 Sec. 2108.013 <2108.033>. SUGGESTION ADOPTED BEFORE
16-4 SUBMISSION TO AGENCY COORDINATOR. The governor's office
16-5 <commission> may grant a bonus or issue a certificate of
16-6 appreciation to an employee who makes a suggestion that results in
16-7 an agency's adopting a policy or procedure before the suggestion is
16-8 submitted to the agency coordinator if the employee or agency
16-9 demonstrates to the governor's office <commission> that:
16-10 (1) the employee making the suggestion is eligible
16-11 under this chapter <subchapter>;
16-12 (2) the suggestion is eligible under this chapter
16-13 <subchapter>;
16-14 (3) the employee proposed a reasonable method of
16-15 implementation and described the type of savings or benefit
16-16 foreseen to the agency before agency implementation; and
16-17 (4) the agency adopted the policy or procedure as a
16-18 result of the suggestion.
16-19 Sec. 2108.014 <2108.034>. SUGGESTION REQUIRING LEGISLATIVE
16-20 ACTION. The governor's office <commission> shall note a suggestion
16-21 that requires legislative action. If, as a direct result of an
16-22 employee suggestion, legislation is passed to implement the
16-23 suggestion, the governor's office <commission> shall consider the
16-24 suggestion for an award. The employee's agency coordinator shall
16-25 notify the governor's office <commission> if implementing
16-26 legislation is passed.
16-27 Sec. 2108.015 <2108.035>. CONFIDENTIALITY. On request of an
17-1 employee who has made a suggestion under this chapter <subchapter>,
17-2 the governor's office <commission> to the greatest extent possible
17-3 shall maintain the employee's confidentiality in the evaluation or
17-4 award process.
17-5 Sec. 2108.016 <2108.036>. CLAIMS ASSIGNED TO STATE. By
17-6 submitting a suggestion under this chapter <subchapter>, an
17-7 employee agrees with the state that a claim of the employee based
17-8 on the suggestion, including a patent, copyright, trademark, or
17-9 other similar claim, is assigned to the state.
17-10 Sec. 2108.017 <2108.037>. FUNDS TRANSFER. (a) The
17-11 comptroller shall transfer the amount certified by the governor's
17-12 office <commission> and the affected agency as the actual or
17-13 projected savings or increased revenues attributable to an
17-14 implemented suggestion from a fund affected by the savings or
17-15 increased revenues.
17-16 (b) The comptroller shall transfer the amount certified
17-17 under Subsection (a) as follows:
17-18 (1) 50 <40> percent to the fund from which the
17-19 original appropriation to the affected fund was made;
17-20 (2) 40 percent to an appropriate fund from which the
17-21 affected agency may award merit pay increases to individuals in the
17-22 agency; and
17-23 (3) 10 <20> percent to the special fund established
17-24 for the governor's office <commission> under Section 2108.018
17-25 <2108.038>.
17-26 (c) If increased productivity attributable to an implemented
17-27 suggestion results in savings or increased revenues that can be
18-1 computed as provided by Section 2108.003(c) <2108.023(c)> but that
18-2 will not permit the affected agency to transfer or to have an
18-3 unexpended balance of appropriated money, the governor's office
18-4 <commission> and the affected agency shall certify the amount of
18-5 actual or projected savings or increased revenues that are
18-6 attributable to the suggestion, and the comptroller shall transfer
18-7 20 percent of that amount from a fund affected by the savings or
18-8 increased revenues to the special fund established under Section
18-9 2108.018 <2108.038>.
18-10 Sec. 2108.018 <2108.038>. SPECIAL FUND. (a) An amount
18-11 transferred under Section 2108.017(b)(3) or (c) <2108.037(b)(3) or
18-12 (c)> shall be deposited in the state treasury to the credit of a
18-13 special fund. Money in the fund may be used by the governor's
18-14 office <commission> for bonuses awarded under this chapter
18-15 <subchapter and to administer the commission>.
18-16 (b) The comptroller shall transfer any amount remaining in
18-17 the special fund on the last day of a state fiscal biennium to the
18-18 general revenue fund or other funds as appropriate.
18-19 Sec. 2108.019 <2108.039>. CHANGE TO INCENTIVE PROGRAM. The
18-20 state may change or terminate the incentive program at any time
18-21 without prior notice.
18-22 SECTION 12.04. Subchapters A and C, Chapter 2108, Government
18-23 Code, are repealed.
18-24 SECTION 12.05. (a) In addition to the substantive changes
18-25 in law made by this article, this article conforms the Government
18-26 Code to Section 1, Chapter 333, Acts of the 73rd Legislature,
18-27 Regular Session, 1993.
19-1 (b) Section 1, Chapter 333, Acts of the 73rd Legislature,
19-2 Regular Session, 1993, is repealed.
19-3 (c) To the extent of any conflict, this article prevails
19-4 over an Act of the 74th Legislature, Regular Session, 1995,
19-5 relating to nonsubstantive additions to and corrections in enacted
19-6 codes.
19-7 SECTION 12.06. All powers, duties, obligations, rights,
19-8 property, funds, employees, and appropriations of the Texas
19-9 Incentive and Productivity Commission are transferred to the
19-10 governor's office. A rule, form, decision, or procedure of the
19-11 Texas Incentive and Productivity Commission that relates to the
19-12 state employee incentive program is continued in effect as a rule,
19-13 form, decision, or procedure of the governor's office until
19-14 superseded by appropriate action of the governor's office. A
19-15 suggestion under the state employee incentive program that is
19-16 before the Texas Incentive and Productivity Commission is
19-17 transferred without change in status to the governor's office.
19-18 ARTICLE 13. ABOLITION OF TEXAS INNOVATION INFORMATION
19-19 NETWORK SYSTEM
19-20 SECTION 13.01. The Texas Innovation Information Network
19-21 System is abolished. The system may continue to exist after the
19-22 effective date of this Act only for the purposes of dissolving and
19-23 of disposing of any unencumbered assets in accordance with law.
19-24 SECTION 13.02. Subchapter D, Chapter 88, Education Code, is
19-25 repealed.
19-26 ARTICLE 14. ABOLITION OF TEXAS ADVISORY COMMISSION ON
19-27 INTERGOVERNMENTAL RELATIONS
20-1 SECTION 14.01. The Texas Advisory Commission on
20-2 Intergovernmental Relations is abolished.
20-3 SECTION 14.02. Chapter 741, Government Code, is repealed.
20-4 ARTICLE 15. ABOLITION OF SELECT COMMITTEE ON RATE AND
20-5 POLICY FORM REGULATION
20-6 SECTION 15.01. The select committee on rate and policy form
20-7 regulation is abolished.
20-8 SECTION 15.02. Article 1.50, Insurance Code, is repealed.
20-9 ARTICLE 16. ABOLITION OF JOB TRAINING PARTNERSHIP ACT MONITORING
20-10 COMMITTEE
20-11 SECTION 16.01. The job training partnership act monitoring
20-12 committee is abolished.
20-13 SECTION 16.02. Section 301.027, Labor Code, is amended to
20-14 read as follows:
20-15 Sec. 301.027. SUBMISSION OF AUDIT INFORMATION <TO
20-16 COMMITTEE>. <(a) To obtain information necessary to monitor the
20-17 progress of the implementation of this chapter, the committee is
20-18 entitled to receive the results of audits that relate to state and
20-19 local job training plans. The committee may prescribe the form in
20-20 which the results are reported to the committee.>
20-21 <(b) The state auditor shall submit to the committee the
20-22 results of a financial audit, effectiveness audit, or compliance
20-23 audit conducted under Section 321.013, Government Code, that relate
20-24 to the operation of an employment, job training, or related program
20-25 administered by a state agency.>
20-26 <(c)> The private industry council and appropriate chief
20-27 elected official of each service delivery area shall submit to the
21-1 state auditor, in the manner directed by the state auditor, the
21-2 results of an audit conducted under audit procedures established
21-3 under Section 301.052(b) that relates to the operation of the
21-4 service delivery area's program of job training, employment, or
21-5 related services. <The state auditor shall compile a summary of
21-6 audit results from the information received from each service
21-7 delivery area and shall submit the summary in writing to the
21-8 committee.>
21-9 SECTION 16.03. Section 301.026, Labor Code, is repealed.
21-10 ARTICLE 17. ABOLITION OF UNIFORM JURY HANDBOOK LEGISLATIVE
21-11 OVERSIGHT COMMITTEE
21-12 SECTION 17.01. The uniform jury handbook legislative
21-13 oversight committee is abolished.
21-14 SECTION 17.02. Section 2(a), Chapter 833, Acts of the 73rd
21-15 Legislature, Regular Session, 1993, is repealed.
21-16 ARTICLE 18. ABOLITION OF LEGISLATIVE CRIMINAL JUSTICE BOARD
21-17 SECTION 18.01. The Legislative Criminal Justice Board is
21-18 abolished.
21-19 SECTION 18.02. Chapter 328, Government Code, is repealed.
21-20 ARTICLE 19. ABOLITION OF LEGISLATIVE HEALTH AND
21-21 HUMAN SERVICES BOARD
21-22 SECTION 19.01. The Legislative Health and Human Services
21-23 Board is abolished.
21-24 SECTION 19.02. Chapter 330, Government Code, is repealed.
21-25 ARTICLE 20. ABOLITION OF ADVISORY AND OVERSIGHT
21-26 COMMITTEE ON MEDICAL AND HEALTH CARE
21-27 PROFESSIONS MINORITY RECRUITMENT
22-1 SECTION 20.01. The advisory and oversight committee on
22-2 medical and health care professions minority recruitment is
22-3 abolished.
22-4 SECTION 20.02. Section 51.717, Education Code, is repealed.
22-5 ARTICLE 21. ABOLITION OF MULTISTATE TAX COMPACT
22-6 ADVISORY COMMITTEE
22-7 SECTION 21.01. The Multistate Tax Compact Advisory Committee
22-8 is abolished.
22-9 SECTION 21.02. Section 141.004, Tax Code, is repealed.
22-10 ARTICLE 22. ABOLITION OF TEXAS PARTNERSHIP AND
22-11 SCHOLARSHIP PROGRAM ADVISORY COUNCIL
22-12 SECTION 22.01. The Texas partnership and scholarship program
22-13 advisory council is abolished.
22-14 SECTION 22.02. Section 35.10, Education Code, is repealed.
22-15 ARTICLE 23. ABOLITION OF POSTADOPTION SERVICES
22-16 ADVISORY COMMITTEE
22-17 SECTION 23.01. The Postadoption Services Advisory Committee
22-18 is abolished.
22-19 SECTION 23.02. Section 47.032, Human Resources Code, is
22-20 repealed.
22-21 ARTICLE 24. ABOLITION OF STATE PRESERVATION BOARD
22-22 PERMANENT ADVISORY COMMITTEE
22-23 SECTION 24.01. The State Preservation Board permanent
22-24 advisory committee is abolished.
22-25 SECTION 24.02. Section 443.008, Government Code, is amended
22-26 to read as follows:
22-27 Sec. 443.008. ADVISORY COMMITTEES. <(a) The board shall
23-1 appoint a permanent advisory committee consisting of the executive
23-2 director of the Texas Historical Commission, chairman of the
23-3 Antiquities Committee, director of the Texas State Library and
23-4 Archives Commission, director of the Texas Commission on the Arts,
23-5 and three citizens, one each appointed by the governor, lieutenant
23-6 governor, and speaker of the house of representatives. At its first
23-7 meeting in each odd-numbered year, the board shall designate a
23-8 chairman for the committee from among the committee's members. The
23-9 person designated serves in that capacity until a successor is
23-10 designated.>
23-11 <(b) An appointed member serves at the will of the authority
23-12 who appointed the member. A citizen member is entitled to a per
23-13 diem as set by the General Appropriations Act for each day that the
23-14 person engages in committee business.>
23-15 <(c) The committee shall assist in the development of the
23-16 annual budget and work plan prepared by the executive director, the
23-17 master plan prepared by the architect of the Capitol, and the
23-18 collection policy and furnishings plan prepared by the curator of
23-19 the Capitol, and make recommendations concerning board approval of
23-20 those documents.>
23-21 <(d)> The board may appoint <other> advisory committees to
23-22 aid it in carrying out its duties.
23-23 ARTICLE 25. ABOLITION OF PRODUCT DEVELOPMENT ADVISORY BOARD
23-24 SECTION 25.01. The Product Development Advisory Board is
23-25 abolished.
23-26 SECTION 25.02. Section 481.225, Government Code, is amended
23-27 to read as follows:
24-1 Sec. 481.225. INFORMATION CONFIDENTIAL. Information
24-2 relating to a product, and the application or use of a product, and
24-3 technological and scientific information, including computer
24-4 programs, developed in whole or part by an applicant for or a
24-5 recipient of venture financing, is confidential and is not subject
24-6 to disclosure under state law or otherwise, regardless of whether
24-7 the product is patentable or capable of being registered under
24-8 copyright or trademark laws, or has a potential for being sold,
24-9 traded, or licensed for a fee; however, nothing in this subchapter
24-10 shall prevent or restrict the department <or the advisory board>
24-11 from obtaining information relating to a product or process from an
24-12 applicant or recipient of a loan under this subchapter. <The
24-13 product development advisory board is not required to deliberate in
24-14 an open meeting regarding matters made confidential under this
24-15 section. Decisions or other actions as a result of the board's
24-16 deliberations are not confidential and shall be made in an open
24-17 meeting.>
24-18 SECTION 25.03. Section 481.227, Government Code, is amended
24-19 to read as follows:
24-20 Sec. 481.227. ELIGIBLE PROJECTS AND BORROWERS. (a) A loan
24-21 may be made under this subchapter only to finance a project
24-22 approved by the <advisory board and> department.
24-23 (b) In determining eligible projects, the <advisory board
24-24 and the> department shall give special preference to projects that
24-25 have the greatest likelihood of commercial success and have the
24-26 greatest effect on job creation and retention in the state,
24-27 specifically including but not limited to projects in the areas of
25-1 biotechnology, biomedicine, energy, materials science,
25-2 microelectronics, aerospace, marine science, aquaculture,
25-3 telecommunications, manufacturing science, and other priority
25-4 research areas as provided in Section 143.003, Education Code. The
25-5 priority research area of agriculture will be funded according to
25-6 the provisions of Subchapter D, Chapter 58, Agriculture Code. The
25-7 <advisory board and the> department further shall give
25-8 consideration to:
25-9 (1) grantees under the small business innovation
25-10 research program established under 15 U.S.C. Section 638;
25-11 (2) Texas companies formed to commercialize research
25-12 funded at least in part with state funds; and
25-13 (3) Texas companies receiving assistance from
25-14 designated state small business development centers.
25-15 SECTION 25.04. Section 481.228, Government Code, is amended
25-16 to read as follows:
25-17 Sec. 481.228. CONSIDERATION IN FINANCING. In determining
25-18 whether to provide financing under this subchapter, the <advisory
25-19 board and the> department shall give preference to applicants who
25-20 are Texas residents doing business in the state and performing
25-21 financed activities predominantly in the state, and then to
25-22 applicants who can demonstrate that the financed activities will
25-23 take place predominantly in this state.
25-24 SECTION 25.05. Section 481.230, Government Code, is amended
25-25 to read as follows:
25-26 Sec. 481.230. RULES; IMMUNITY FROM LIABILITY <ADVISORY
25-27 BOARD>. (a) The <Product Development Advisory Board is composed
26-1 of:>
26-2 <(1) one representative of the Texas Higher Education
26-3 Coordinating Board selected by the Texas Higher Education
26-4 Coordinating Board;>
26-5 <(2) two persons appointed by the governor;>
26-6 <(3) two persons appointed by the lieutenant governor;
26-7 and>
26-8 <(4) two persons appointed by the speaker of the house
26-9 of representatives.>
26-10 <(b) In appointing members of the advisory board, the
26-11 governor, lieutenant governor, and speaker of the house shall
26-12 appoint persons having significant business leadership experience
26-13 with emerging technologies, particularly experience with the
26-14 transfer of research results into commercial application.>
26-15 <(c) Members of the advisory board serve two-year staggered
26-16 terms with the terms of four members expiring February 1 of each
26-17 odd-numbered year and the terms of three members expiring February
26-18 1 of each even-numbered year.>
26-19 <(d) The governor shall appoint the advisory board's
26-20 chairman from among its members.>
26-21 <(e) On recommendation of the advisory board, the>
26-22 department shall adopt rules establishing limits on the amount of
26-23 each loan and otherwise governing the terms and conditions of the
26-24 loans, specifically including requirements for appropriate security
26-25 or collateral and the rights and remedies of the department in the
26-26 event of a default on the loan. <Such rules shall include a
26-27 requirement that borrowers shall report to the advisory board on
27-1 the use of money distributed through this fund.>
27-2 (b) <(f)> The executive director, a member of the policy
27-3 board, advisory board, or other person acting on behalf of the
27-4 department in executing a contract, commitment, or agreement under
27-5 this subchapter is not personally liable on the contract,
27-6 commitment, or agreement. The executive director, a member of the
27-7 policy board, advisory board, or other person acting on behalf of
27-8 the department is not personally liable for damage or injury
27-9 resulting from the performance of duties under this subchapter.
27-10 SECTION 25.06. Section 481.221(1), Government Code, is
27-11 repealed.
27-12 ARTICLE 26. ABOLITION OF ROLE OF THE FAMILY IN REDUCING
27-13 RECIDIVISM ADVISORY COMMITTEE
27-14 SECTION 26.01. The Role of the Family in Reducing Recidivism
27-15 Advisory Committee is abolished.
27-16 SECTION 26.02. Section 501.011, Government Code, is
27-17 repealed.
27-18 SECTION 26.03. Section 61.036(c), Human Resources Code, is
27-19 repealed.
27-20 ARTICLE 27. ABOLITION OF SMART JOBS FUND PROGRAM LEGISLATIVE
27-21 REVIEW COMMITTEE
27-22 SECTION 27.01. The smart jobs fund program legislative
27-23 review committee is abolished.
27-24 SECTION 27.02. Section 481.1601, Government Code, is
27-25 repealed.
27-26 ARTICLE 28. TRANSITION; EFFECTIVE DATE; EMERGENCY
27-27 SECTION 28.01. If an entity that is abolished by this Act
28-1 has property, records, or other assets and the article of this Act
28-2 that abolishes the entity does not provide for their disposition,
28-3 the General Services Commission shall take custody of the property,
28-4 records, or other assets of the entity unless the governor
28-5 designates another appropriate state agency to take custody of the
28-6 entity's property, records, or other assets.
28-7 SECTION 28.02. This Act takes effect September 1, 1995.
28-8 SECTION 28.03. The importance of this legislation and the
28-9 crowded condition of the calendars in both houses create an
28-10 emergency and an imperative public necessity that the
28-11 constitutional rule requiring bills to be read on three several
28-12 days in each house be suspended, and this rule is hereby suspended.