1-1  By:  Cain                                             S.B. No. 1428
    1-2        (In the Senate - Filed March 13, 1995; March 20, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  April 21, 1995, reported adversely, with favorable Committee
    1-5  Substitute by the following vote:  Yeas 11, Nays 0; April 21, 1995,
    1-6  sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 1428                    By:  Cain
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to abolishing certain state governmental entities.
   1-11        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-12   ARTICLE 1.  ABOLITION OF THE ADVISORY BOARD TO THE BILL BLACKWOOD
   1-13            LAW ENFORCEMENT MANAGEMENT INSTITUTE OF TEXAS
   1-14        SECTION 1.01.  The Bill Blackwood Law Enforcement Management
   1-15  Institute of Texas advisory board is abolished.
   1-16        SECTION 1.02.  Section 96.64, Education Code, is amended to
   1-17  read as follows:
   1-18        Sec. 96.64.  BILL BLACKWOOD LAW ENFORCEMENT MANAGEMENT
   1-19  INSTITUTE OF TEXAS.  (a)  <a In this section "board" means the
   1-20  advisory board of the institute.>
   1-21        <(b)>  The Bill Blackwood Law Enforcement Management
   1-22  Institute of Texas is created for the training of police management
   1-23  personnel.  The headquarters of the institute are at Sam Houston
   1-24  State University.  The institute is under the supervision and
   1-25  direction of the president of Sam Houston State University and
   1-26  shall be operated and managed as a joint program between Sam
   1-27  Houston State University, Texas A&M University, and Texas Woman's
   1-28  University.
   1-29        (b) <(c)  The institute's advisory board is composed of nine
   1-30  members appointed as follows:>
   1-31              <(1)  one by the governor, who must be a licensed peace
   1-32  officer with supervisory experience;>
   1-33              <(2)  one by the lieutenant governor, who must be a
   1-34  licensed peace officer with supervisory experience;>
   1-35              <(3)  one by the speaker of the house of
   1-36  representatives, who must be a licensed peace officer with
   1-37  supervisory experience;>
   1-38              <(4)  one by the president of Sam Houston State
   1-39  University;>
   1-40              <(5)  one by the president of Texas A&M University;>
   1-41              <(6)  one by the president of Texas Woman's University;
   1-42  and>
   1-43              <(7)  three by the Commission on Law Enforcement
   1-44  Officer Standards and Education, two of whom must be licensed,
   1-45  nonsupervisory peace officers.>
   1-46        <(d)  Appointments to the board shall be made without regard
   1-47  to the race, color, religion, sex, handicap, or national origin of
   1-48  the appointee.>
   1-49        <(e)  The commissioner of higher education of the Texas
   1-50  Higher Education Coordinating Board, the commissioner of the
   1-51  Central Education Agency, the director of the Department of Public
   1-52  Safety of the State of Texas, the executive director of the
   1-53  criminal justice division of the office of the governor, and the
   1-54  attorney general shall serve as nonvoting ex officio members of the
   1-55  board.>
   1-56        <(f)  To be eligible for appointment to the board, a person
   1-57  must be at least 21 years of age and a resident of this state.
   1-58  Each appointee must be of good character and may not have been
   1-59  convicted of a felony or a misdemeanor involving moral turpitude.
   1-60  Each appointee must have relevant experience and knowledge of law
   1-61  enforcement.  It is a ground for removal from the board if a member
   1-62  does not have at the time of appointment the qualifications
   1-63  required for appointment to the board or does not maintain during
   1-64  service on the board the qualifications required for appointment to
   1-65  the board.>
   1-66        <(g)  Members of the board hold office for two-year terms,
   1-67  with each member's term expiring February 1 of each odd-numbered
   1-68  year.  If a vacancy occurs during a term, the individual who
    2-1  appointed the member who has vacated the board position shall
    2-2  appoint a replacement who meets the qualifications of the vacated
    2-3  office to serve the unexpired portion of the term.  A member may
    2-4  not serve more than three full terms.>
    2-5        <(h)  The board shall elect a chairman, a vice-chairman, and
    2-6  a secretary from the appointed members at its first meeting after
    2-7  new appointments to fill regular terms.  The board shall meet at
    2-8  least once in each calendar quarter and may meet at other times as
    2-9  necessary to perform the duties of the board.  Five of the
   2-10  appointed members constitute a quorum.>
   2-11        <(i)  A member serves without compensation for service on the
   2-12  board but is entitled to reimbursement for actual and necessary
   2-13  expenses incurred in performing functions as a member of the board.>
   2-14        <(j)  The board shall advise the president on issues related
   2-15  to the operation of the institute, including curriculum, admission
   2-16  standards, scholarship criteria, certification standards for
   2-17  classes taught through the institute, and the location of the
   2-18  institute's campuses.  The president may assign additional advisory
   2-19  duties to the board.>  The president may establish rules relating
   2-20  to the institute <but the president may not establish a rule before
   2-21  reviewing any recommendation relating to that rule made by the
   2-22  board.  The board shall submit reports to the president relating to
   2-23  the operation of the institute as prescribed by the president>.
   2-24        (c) <(k)>  The president <with the advice of the board> shall
   2-25  establish reasonable charges for participation in institute
   2-26  training programs by participants who are not residents of this
   2-27  state.  The participation costs of participants who are residents,
   2-28  including tuition, books, room, board, and travel costs, shall be
   2-29  paid from the Bill Blackwood Law Enforcement Management Institute
   2-30  of Texas fund.  Participation in the institute training programs is
   2-31  open to every eligible resident of this state, whether or not the
   2-32  person is sponsored by an employing law enforcement agency.
   2-33        (d) <(l)>  The Bill Blackwood Law Enforcement Management
   2-34  Institute of Texas fund is in the state treasury.  The president
   2-35  shall use the fund in administering the institute.
   2-36            ARTICLE 2.  ABOLITION OF BEACH STUDY COMMITTEE
   2-37        SECTION 2.01.  The beach study committee is abolished.
   2-38        SECTION 2.02.  Subchapter G, Chapter 61, Natural Resources
   2-39  Code, is repealed.
   2-40                ARTICLE 3.  ABOLITION OF TEXAS CHILDREN
   2-41                     2000 ORGANIZATIONAL COMMITTEE
   2-42        SECTION 3.01.  The Texas Children 2000 Organizational
   2-43  Committee is abolished.
   2-44        SECTION 3.02.  Chapter 78, Human Resources Code, is repealed.
   2-45     ARTICLE 4.  ABOLITION OF JOINT INTERIM COMMITTEE ON THE TEXAS
   2-46                        CULTURAL ENDOWMENT FUND
   2-47        SECTION 4.01.  The joint interim committee on the Texas
   2-48  Cultural Endowment Fund is abolished.
   2-49        SECTION 4.02.  Subsection (b), Section 7, Chapter 951, Acts
   2-50  of the 73rd Legislature, 1993, is repealed.
   2-51                ARTICLE 5.  ABOLITION OF OFFICE FOR THE
   2-52               PREVENTION OF DEVELOPMENTAL DISABILITIES
   2-53        SECTION 5.01.  The Office for the Prevention of Developmental
   2-54  Disabilities is abolished.
   2-55        SECTION 5.02.  Subchapter C, Chapter 112, Human Resources
   2-56  Code, is repealed.
   2-57              ARTICLE 6.  ABOLITION OF TEXAS PARTNERSHIP
   2-58                       FOR ECONOMIC DEVELOPMENT
   2-59        SECTION 6.01.  The Texas Partnership for Economic Development
   2-60  is abolished.  If the partnership has been organized as a nonprofit
   2-61  corporation, the partnership may continue to exist after the
   2-62  effective date of this Act only for the purposes of dissolving and
   2-63  of disposing of any unencumbered assets in accordance with law.  If
   2-64  the partnership has not been organized as a nonprofit corporation,
   2-65  any unencumbered assets of the partnership, including property and
   2-66  records, are transferred to the Texas Department of Commerce.
   2-67        SECTION 6.02.  Subchapter Z, Chapter 481, Government Code, is
   2-68  repealed.
   2-69         ARTICLE 7.  ABOLITION OF EDWARDS AQUIFER LEGISLATIVE
   2-70                          OVERSIGHT COMMITTEE
    3-1        SECTION 7.01.  The Edwards Aquifer Legislative Oversight
    3-2  Committee is abolished.
    3-3        SECTION 7.02.  Section 3.01, Chapter 626, Acts of the 73rd
    3-4  Legislature, 1993, is repealed.
    3-5      ARTICLE 8.  ABOLITION OF EDUCATIONAL ECONOMIC POLICY CENTER
    3-6        SECTION 8.01.  The Educational Economic Policy Center is
    3-7  abolished.
    3-8        SECTION 8.02.  Subsections (d) and (h), Section 11.271,
    3-9  Education Code, are amended to read as follows:
   3-10        (d)  Each fiscal year, the board, after deducting the cost of
   3-11  administration not to exceed an amount set by appropriation, shall
   3-12  make disbursements from the public education development fund to
   3-13  <the Educational Economic Policy Center in a total amount approved
   3-14  by the Legislative Budget Board.  The board shall disburse the
   3-15  remainder of the fund to> eligible school campuses.
   3-16        (h)  From funds appropriated for the public education
   3-17  development fund, the comptroller shall issue warrants to <the
   3-18  Educational Economic Policy Center and to> each eligible school
   3-19  campus's school district in the amount certified by the board to
   3-20  the comptroller.
   3-21        SECTION 8.03.  Subsection (i), Section 11.271, Education
   3-22  Code, is repealed.
   3-23        SECTION 8.04.  Subchapter C, Chapter 34, Education Code, is
   3-24  repealed.
   3-25       ARTICLE 9.  ABOLITION OF ENVIRONMENTAL ADVISORY COMMITTEE
   3-26               TO THE TEXAS DEPARTMENT OF TRANSPORTATION
   3-27        SECTION 9.01.  The environmental advisory committee to the
   3-28  Texas Department of Transportation is abolished.
   3-29        SECTION 9.02.  Section 2, Article 6673g, Revised Statutes, as
   3-30  added by Section 17, Chapter 551, Acts of the 72nd Legislature,
   3-31  Regular Session, 1991, is repealed.
   3-32          ARTICLE 10.  ABOLITION OF GATEWAY STATE PARK BOARD
   3-33        SECTION 10.01.  The Gateway State Park Board is abolished.
   3-34        SECTION 10.02.  Section 22.243, Parks and Wildlife Code, is
   3-35  amended to read as follows:
   3-36        Sec. 22.243.  POWERS AND DUTIES OF DEPARTMENT <BOARD>.
   3-37  <(a)>  The <board shall lease Gateway State Park from the>
   3-38  department <and> shall operate and maintain the park as a state
   3-39  park.  The department <may provide funds to the board for the
   3-40  operation and maintenance of the park.>
   3-41        <(b)  The board> may:
   3-42              (1)  set and charge reasonable fees for entrance to the
   3-43  park and for any other services as appropriate;
   3-44              (2)  grant concessions and leases in the park;
   3-45              (3)  hire personnel necessary to perform its duties
   3-46  under this subchapter;
   3-47              (4)  establish and enforce rules and regulations for
   3-48  use of the park;
   3-49              (5)  lease portions of the park and contract for
   3-50  mineral, agricultural, or any other purposes; and
   3-51              (6)  retain all fees, charges, rentals, concession
   3-52  proceeds, and other revenues generated in the park from any source
   3-53  for use in the park for operation, maintenance, policing, or
   3-54  capital improvements.
   3-55        SECTION 10.03.  Subsection (d), Section 22.241, Parks and
   3-56  Wildlife Code, is repealed.
   3-57        SECTION 10.04.  Section 22.242, Parks and Wildlife Code, is
   3-58  repealed.
   3-59  ARTICLE 11.  ABOLITION OF TEXAS HAZARDOUS MATERIALS SAFETY COUNCIL
   3-60        SECTION 11.01.  The Texas Hazardous Materials Safety Council
   3-61  is abolished.
   3-62        SECTION 11.02.  Chapter 504, Health and Safety Code, is
   3-63  repealed.
   3-64             ARTICLE 12.  ABOLITION OF TEXAS INCENTIVE AND
   3-65                        PRODUCTIVITY COMMISSION
   3-66        SECTION 12.01.  The Texas Incentive and Productivity
   3-67  Commission and the productivity bonus program are abolished.
   3-68        SECTION 12.02.  The chapter heading for Chapter 2108,
   3-69  Government Code, is amended to read as follows:
   3-70            CHAPTER 2108.  STATE EMPLOYEE INCENTIVE PROGRAM
    4-1                       <AND AGENCY PRODUCTIVITY>
    4-2        SECTION 12.03.  Subchapter B, Chapter 2108, Government Code,
    4-3  is amended to read as follows:
    4-4           <SUBCHAPTER B.  STATE EMPLOYEE INCENTIVE PROGRAM>
    4-5        Sec. 2108.001 <2108.021>.  DEFINITIONS.  In this chapter
    4-6  <subchapter>:
    4-7              (1)  "Agency coordinator" means a state employee who is
    4-8  designated by the executive director  or other administrative head
    4-9  of the employee's agency to administer this chapter for the <act as
   4-10  the liaison between that> agency <and the commission>.
   4-11              (2)  "Award" means a bonus or certificate of
   4-12  appreciation.
   4-13              (3)  "Bonus" means a monetary award that is granted to
   4-14  a state employee in payment for an employee suggestion.
   4-15              (4)  "Certificate of appreciation" means a nonmonetary
   4-16  award that is granted to a state employee in recognition of an
   4-17  employee suggestion.
   4-18              (5)  "Incentive program" means the state employee
   4-19  incentive program.
   4-20              (6)  "State agency" means a department, commission,
   4-21  board, office, or other agency in the executive or judicial branch
   4-22  of government that is created under the constitution or a statute
   4-23  of this state.
   4-24              (7)  "State employee" means an employee of a state
   4-25  agency and does not include an elected or appointed agency
   4-26  official.
   4-27        Sec. 2108.002 <2108.022>.  STATE EMPLOYEE INCENTIVE PROGRAM.
   4-28  (a)  A state agency may choose to participate in the state employee
   4-29  incentive program.  A participating state agency is responsible for
   4-30  administering the program in accordance with this chapter and may
   4-31  adopt rules and procedures to administer the program.
   4-32        (b)  The governor may encourage state agencies to participate
   4-33  in the incentive program.
   4-34        (c)  The purposes of the state employee incentive program are
   4-35  to:
   4-36              (1)  reduce state expenditures, increase state
   4-37  revenues, and improve the quality of state services; and
   4-38              (2)  recognize the contributions made by certain state
   4-39  employees in achieving the goals described in Subdivision (1).
   4-40        (d) <(b)>  An employee may be compensated for a suggestion
   4-41  under the incentive program only as provided by this chapter
   4-42  <subchapter>.
   4-43        Sec. 2108.003 <2108.023>.  AWARDS.  (a)  From funds
   4-44  appropriated or otherwise available for this purpose, a state
   4-45  agency participating in the program <the commission> may grant an
   4-46  award to an eligible state employee of that agency who makes a
   4-47  suggestion that:
   4-48              (1)  reduces state expenditures, increases state
   4-49  revenues, increases agency productivity, or improves the quality of
   4-50  state services; and
   4-51              (2)  is approved and implemented.
   4-52        (b)  A state agency <The commission> may grant an award<, and
   4-53  the comptroller may transfer funds under this subchapter,> before
   4-54  the end of the first year in which a suggestion is implemented.
   4-55        (c)  An award <or transfer of funds> must be computed on the
   4-56  net annual actual or projected savings or increased revenues,
   4-57  including savings or increased revenues that result from increased
   4-58  productivity, that are certified by the affected state agency <and
   4-59  the commission>.
   4-60        (d)  An employee is eligible for a bonus of 10 percent of the
   4-61  net savings or revenue increases, not to exceed an award of $5,000,
   4-62  if the employee's suggestion results in savings or increased
   4-63  revenues, including savings or increased revenues that result from
   4-64  increased productivity, that:
   4-65              (1)  can be computed using a cost-benefit analysis; and
   4-66              (2)  equal or exceed $100 after implementation costs.
   4-67        (e)  An employee is not eligible for a bonus but may be
   4-68  recognized by a certificate of appreciation if the employee's
   4-69  suggestion results in:
   4-70              (1)  intangible savings or benefits that cannot be
    5-1  computed using a cost-benefit analysis; or
    5-2              (2)  a net annual savings or increase in revenues of
    5-3  less than $100.
    5-4        (f)  A state agency <The commission> may also issue a
    5-5  certificate of appreciation to each employee of that agency who is
    5-6  granted a bonus under this chapter <subchapter>.
    5-7        (g)  A state agency shall divide any bonus for a suggestion
    5-8  submitted by more than one employee among the employees submitting
    5-9  the suggestion.
   5-10        (h)  A state agency shall report to the governor's office the
   5-11  award of a bonus or of a certificate of appreciation.
   5-12        Sec. 2108.004 <2108.024>.  EMPLOYEE ELIGIBILITY.  Each state
   5-13  employee is eligible to participate in the incentive program except
   5-14  an employee:
   5-15              (1)  who has authority to implement the suggestion
   5-16  being made;
   5-17              (2)  who is on an unpaid leave of absence;
   5-18              (3)  whose job description includes responsibility for
   5-19  cost analysis, efficiency analysis, savings implementation, or
   5-20  other similar programs in the employee's agency;
   5-21              (4)  who is involved in or has access to agency
   5-22  research and development information used as the basis of the
   5-23  suggestion; or
   5-24              (5)  whose job description or routine job duties
   5-25  include developing the type of change in agency operations
   5-26  recommended by the suggestion.
   5-27        Sec. 2108.005 <2108.025>.  EMPLOYEE STATUS; FORMER EMPLOYEES.
   5-28  (a)  An employee's eligibility under Section 2108.004 <2108.024> is
   5-29  determined on the employee's status when the agency coordinator
   5-30  receives the original employee suggestion.
   5-31        (b)  A former employee is eligible for an award if the
   5-32  employee's suggestion is implemented on or before the second
   5-33  anniversary of the date of final disposition of the suggestion.  A
   5-34  bonus granted to an employee who dies before the bonus is received
   5-35  shall be paid to the employee's estate.
   5-36        Sec. 2108.006 <2108.026>.  ELIGIBLE SUGGESTION.  (a)  To be
   5-37  eligible for consideration under the incentive program an employee
   5-38  suggestion must:
   5-39              (1)  be given to the agency coordinator;
   5-40              (2)  be in writing and in the form the agency
   5-41  <commission> prescribes;
   5-42              (3)  be signed by the employee;
   5-43              (4)  propose a reasonable implementation method; and
   5-44              (5)  describe the type of cost savings or other benefit
   5-45  the employee foresees if the suggestion is adopted.
   5-46        (b)  An employee is not eligible to receive an award under
   5-47  this chapter <subchapter> for a suggestion that:
   5-48              (1)  does not describe a method to achieve the desired
   5-49  savings or benefit;
   5-50              (2)  proposes an idea under implementation or
   5-51  consideration on the date the suggestion is given to the agency;
   5-52              (3)  relates only to personnel matters or grievances,
   5-53  including employee classification or compensation;
   5-54              (4)  proposes a correction for a condition that
   5-55  resulted only because applicable established procedures were not
   5-56  properly followed; or
   5-57              (5)  proposes implementation of a policy or procedure
   5-58  that the employee's agency adopted before the employee made the
   5-59  suggestion to the agency.
   5-60        Sec. 2108.007 <2108.027>.  MULTIPLE AND JOINT SUGGESTIONS.
   5-61  (a)  If two or more employees submit the same suggestion relating
   5-62  to the same agency, the first suggestion that the agency
   5-63  coordinator receives is eligible for consideration.
   5-64        (b)  If the same suggestion is received on the same day from
   5-65  two or more employees working at different locations, a bonus
   5-66  granted for the suggestion may be divided equally among the
   5-67  employees.
   5-68        (c)  Two or more employees may submit a joint suggestion.  A
   5-69  bonus granted for the suggestion shall <may> be divided equally
   5-70  among the employees.
    6-1        Sec. 2108.008 <2108.028>.  AGENCY COORDINATOR.  (a)  Each
    6-2  state agency participating in the incentive program shall designate
    6-3  an agency coordinator.
    6-4        (b)  An agency coordinator shall:
    6-5              (1)  promote employee participation in the incentive
    6-6  program;
    6-7              (2)  obtain an impartial evaluation of each employee
    6-8  suggestion;
    6-9              (3)  promote the implementation of adopted suggestions
   6-10  by the agency;
   6-11              (4)  monitor the cost savings and other benefits that
   6-12  result from the implementation of an employee suggestion;
   6-13              (5)  file periodic reports with the governor's office
   6-14  <commission> as required by the governor's office about employee
   6-15  suggestions that have been implemented by the agency and bonuses
   6-16  and certificates of appreciation that have been awarded by the
   6-17  agency <commission rule>; and
   6-18              (6)  arrange and conduct intraagency award ceremonies
   6-19  to recognize agency employees who are granted awards under this
   6-20  chapter <subchapter>.
   6-21        Sec. 2108.009 <2108.029>.  ELIGIBILITY DETERMINATION BY
   6-22  AGENCY COORDINATOR.  (a)  An agency coordinator shall make the
   6-23  initial determination of the eligibility of an employee suggestion
   6-24  or of an agency employee who makes a suggestion.
   6-25        (b)  An employee who is aggrieved by an eligibility
   6-26  determination of an agency coordinator may request a
   6-27  redetermination.
   6-28        (c)  A state agency participating in the incentive program
   6-29  <The commission> shall adopt rules to govern the redetermination
   6-30  process.  An agency coordinator shall give each employee who makes
   6-31  a suggestion a copy of the state agency's <commission> rules
   6-32  relating to redeterminations or reevaluations.
   6-33        Sec. 2108.010 <2108.030>.  PROCEDURE; REPORT TO GOVERNOR'S
   6-34  OFFICE.  (a)  A state agency shall evaluate an employee suggestion
   6-35  and decide whether to implement the suggestion in accordance with
   6-36  the agency's rules and procedures that relate to the incentive
   6-37  program <Not later than the 90th day after the date an agency
   6-38  coordinator receives an employee suggestion, the agency coordinator
   6-39  shall send the suggestion and the evaluation of the suggestion to
   6-40  the commission for further analysis and comment regarding
   6-41  implementation.  If, after any necessary analysis, the commission
   6-42  determines that the suggestion has merit, the commission shall
   6-43  refer the suggestion to each appropriate state agency for proposed
   6-44  adoption and implementation>.
   6-45        (b)  <Not later than the 30th day after the date the
   6-46  commission makes a final determination on adoption or rejection of
   6-47  an employee suggestion, the commission shall notify in writing each
   6-48  employee who proposed the suggestion of the commission's
   6-49  determination>.
   6-50        <(c)>  Final adoption of an employee suggestion is at the
   6-51  discretion of the chief administrative officers of each agency.  An
   6-52  agency that implements a suggestion proposed under this chapter
   6-53  <subchapter> shall provide information to the governor's office
   6-54  about the implemented suggestion and <commission requests that is
   6-55  necessary to compute> the amount of savings or other benefits
   6-56  derived from the suggestion.
   6-57        Sec. 2108.011 <2108.031>.  STATE AGENCY <COMMISSION> AS
   6-58  ARBITER; APPEAL.  (a)  A state agency <The commission> is the final
   6-59  arbiter of any dispute arising from the state agency's
   6-60  implementation of the incentive program or from the state agency's
   6-61  eligibility determination.
   6-62        (b)  An employee may not appeal the state agency's <a
   6-63  commission> decision to a court.
   6-64        Sec. 2108.012 <2108.032>.  REEVALUATION OF SUGGESTION.  An
   6-65  employee whose suggestion has been rejected may request a
   6-66  reevaluation of the suggestion if the employee has reasonable
   6-67  grounds to believe that the importance of the suggestion has been
   6-68  overlooked or misinterpreted.  The employee must make the request
   6-69  in accordance with the agency's rules and procedures relating to
   6-70  the incentive program <writing not later than the 30th day after
    7-1  the date the employee receives notice of the rejection>.  The
    7-2  employee shall provide any additional information that the employee
    7-3  considers useful to the reevaluation.
    7-4        Sec. 2108.013 <2108.033>.  SUGGESTION ADOPTED BEFORE
    7-5  SUBMISSION TO AGENCY COORDINATOR.  A state agency <The commission>
    7-6  may grant a bonus or issue a certificate of appreciation to an
    7-7  employee of that agency who makes a suggestion that results in the
    7-8  <an> agency's adopting a policy or procedure before the suggestion
    7-9  is submitted to the agency coordinator if the employee or agency
   7-10  documents the facts that show <demonstrates to the commission
   7-11  that>:
   7-12              (1)  the employee making the suggestion is eligible
   7-13  under this chapter <subchapter>;
   7-14              (2)  the suggestion is eligible under this chapter
   7-15  <subchapter>;
   7-16              (3)  the employee proposed a reasonable method of
   7-17  implementation and described the type of savings or benefit
   7-18  foreseen to the agency before agency implementation; and
   7-19              (4)  the agency adopted the policy or procedure as a
   7-20  result of the suggestion.
   7-21        Sec. 2108.014 <2108.034>.  SUGGESTION REQUIRING LEGISLATIVE
   7-22  ACTION.  A state agency <The commission> shall note a suggestion
   7-23  that requires legislative action.  If, as a direct result of an
   7-24  employee suggestion, legislation is passed to implement the
   7-25  suggestion, the agency <commission> shall consider the suggestion
   7-26  for an award.  <The employee's agency coordinator shall notify the
   7-27  commission if implementing legislation is passed.>
   7-28        Sec. 2108.015 <2108.035>.  CONFIDENTIALITY.  On request of an
   7-29  employee who has made a suggestion under this chapter <subchapter>,
   7-30  a state agency <the commission> to the greatest extent possible
   7-31  shall maintain the employee's confidentiality in the evaluation or
   7-32  award process.
   7-33        Sec. 2108.016.  GOVERNOR.  The governor may:
   7-34              (1)  conduct ceremonies to honor state employees who
   7-35  have been awarded a bonus or a certificate of appreciation by a
   7-36  state agency; and
   7-37              (2)  disseminate information about implemented
   7-38  suggestions to other state agencies that might benefit from the
   7-39  suggestion.
   7-40        Sec. 2108.017 <2108.036>.  CLAIMS ASSIGNED TO STATE.  By
   7-41  submitting a suggestion under this chapter <subchapter>, an
   7-42  employee agrees with the state that a claim of the employee based
   7-43  on the suggestion, including a patent, copyright, trademark, or
   7-44  other similar claim, is assigned to the state.
   7-45        <Sec. 2108.037.  FUNDS TRANSFER.  (a)  The comptroller shall
   7-46  transfer the amount certified by the commission and the affected
   7-47  agency as the actual or projected savings or increased revenues
   7-48  attributable to an implemented suggestion from a fund affected by
   7-49  the savings or increased revenues.>
   7-50        <(b)  The comptroller shall transfer the amount certified
   7-51  under Subsection (a) as follows:>
   7-52              <(1)  40 percent to the fund from which the original
   7-53  appropriation to the affected fund was made;>
   7-54              <(2)  40 percent to an appropriate fund from which the
   7-55  affected agency may award merit pay increases to individuals in the
   7-56  agency; and>
   7-57              <(3)  20 percent to the special fund established for
   7-58  the commission under Section 2108.038.>
   7-59        <(c)  If increased productivity attributable to an
   7-60  implemented suggestion results in savings or increased revenues
   7-61  that can be computed as provided by Section 2108.023(c) but that
   7-62  will not permit the affected agency to transfer or to have an
   7-63  unexpended balance of appropriated money, the commission and the
   7-64  affected agency shall certify the amount of actual or projected
   7-65  savings or increased revenues that are attributable to the
   7-66  suggestion, and the comptroller shall transfer 20 percent of that
   7-67  amount from a fund affected by the savings or increased revenues to
   7-68  the special fund established under Section 2108.038.>
   7-69        <Sec. 2108.038.  SPECIAL FUND.  (a)  An amount transferred
   7-70  under Section 2108.037(b)(3) or (c) shall be deposited in the state
    8-1  treasury to the credit of a special fund.  Money in the fund may be
    8-2  used by the commission for bonuses awarded under this subchapter
    8-3  and to administer the commission>.
    8-4        <(b)  The comptroller shall transfer any amount remaining in
    8-5  the special fund on the last day of a state fiscal biennium to the
    8-6  general revenue fund or other funds as appropriate.>
    8-7        Sec. 2108.018 <2108.039>.  CHANGE TO INCENTIVE PROGRAM.  The
    8-8  state may change or terminate the incentive program at any time
    8-9  without prior notice.
   8-10        SECTION 12.04.  Subchapters A and C, Chapter 2108, Government
   8-11  Code, are repealed.
   8-12        SECTION 12.05.  (a)  In addition to the substantive changes
   8-13  in law made by this article, this article conforms the Government
   8-14  Code to Section 1, Chapter 333, Acts of the 73rd Legislature, 1993.
   8-15        (b)  Section 1, Chapter 333, Acts of the 73rd Legislature,
   8-16  1993, is repealed.
   8-17        (c)  To the extent of any conflict, this article prevails
   8-18  over an Act of the 74th Legislature, Regular Session, 1995,
   8-19  relating to nonsubstantive additions to and corrections in enacted
   8-20  codes.
   8-21        SECTION 12.06.  A suggestion under the state employee
   8-22  incentive program that is before the Texas Incentive and
   8-23  Productivity Commission is transferred to the appropriate state
   8-24  agency for consideration in accordance with Chapter 2108,
   8-25  Government Code, as amended by this Act.
   8-26        ARTICLE 13.  ABOLITION OF TEXAS INNOVATION INFORMATION
   8-27                            NETWORK SYSTEM
   8-28        SECTION 13.01.  The Texas Innovation Information Network
   8-29  System is abolished.  The system may continue to exist after the
   8-30  effective date of this Act only for the purposes of dissolving and
   8-31  of disposing of any unencumbered assets in accordance with law.
   8-32        SECTION 13.02.  Subchapter D, Chapter 88, Education Code, is
   8-33  repealed.
   8-34        ARTICLE 14.  ABOLITION OF TEXAS ADVISORY COMMISSION ON
   8-35                      INTERGOVERNMENTAL RELATIONS
   8-36        SECTION 14.01.  The Texas Advisory Commission on
   8-37  Intergovernmental Relations is abolished.
   8-38        SECTION 14.02.  Chapter 741, Government Code, is repealed.
   8-39        ARTICLE 15.  ABOLITION OF SELECT COMMITTEE ON RATE AND
   8-40                        POLICY FORM REGULATION
   8-41        SECTION 15.01.  The select committee on rate and policy form
   8-42  regulation is abolished.
   8-43        SECTION 15.02.  Article 1.50, Insurance Code, is repealed.
   8-44   ARTICLE 16.  ABOLITION OF JOB TRAINING PARTNERSHIP ACT MONITORING
   8-45                               COMMITTEE
   8-46        SECTION 16.01.  The job training partnership act monitoring
   8-47  committee is abolished.
   8-48        SECTION 16.02.  Section 301.027, Labor Code, is amended to
   8-49  read as follows:
   8-50        Sec. 301.027.  SUBMISSION OF AUDIT INFORMATION <TO
   8-51  COMMITTEE>.  <(a)  To obtain information necessary to monitor the
   8-52  progress of the implementation of this chapter, the committee is
   8-53  entitled to receive the results of audits that relate to state and
   8-54  local job training plans.  The committee may prescribe the form in
   8-55  which the results are reported to the committee.>
   8-56        <(b)  The state auditor shall submit to the committee the
   8-57  results of a financial audit, effectiveness audit, or compliance
   8-58  audit conducted under Section 321.013, Government Code, that relate
   8-59  to the operation of an employment, job training, or related program
   8-60  administered by a state agency.>
   8-61        <(c)>  The private industry council and appropriate chief
   8-62  elected official of each service delivery area shall submit to the
   8-63  state auditor, in the manner directed by the state auditor, the
   8-64  results of an audit conducted under audit procedures established
   8-65  under Section 301.052(b) that relates to the operation of the
   8-66  service delivery area's program of job training, employment, or
   8-67  related services.  <The state auditor shall compile a summary of
   8-68  audit results from the information received from each service
   8-69  delivery area and shall submit the summary in writing to the
   8-70  committee.>
    9-1        SECTION 16.03.  Section 301.026, Labor Code, is repealed.
    9-2      ARTICLE 17.  ABOLITION OF UNIFORM JURY HANDBOOK LEGISLATIVE
    9-3                          OVERSIGHT COMMITTEE
    9-4        SECTION 17.01.  The uniform jury handbook legislative
    9-5  oversight committee is abolished.
    9-6        SECTION 17.02.  Subsection (a), Section 2, Chapter 833, Acts
    9-7  of the 73rd Legislature, 1993, is repealed.
    9-8     ARTICLE 18.  ABOLITION OF LEGISLATIVE CRIMINAL JUSTICE BOARD
    9-9        SECTION 18.01.  The Legislative Criminal Justice Board is
   9-10  abolished.
   9-11        SECTION 18.02.  Chapter 328, Government Code, is repealed.
   9-12           ARTICLE 19.  ABOLITION OF LEGISLATIVE HEALTH AND
   9-13                         HUMAN SERVICES BOARD
   9-14        SECTION 19.01.  The Legislative Health and Human Services
   9-15  Board is abolished.
   9-16        SECTION 19.02.  Chapter 330, Government Code, is repealed.
   9-17           ARTICLE 20.  ABOLITION OF ADVISORY AND OVERSIGHT
   9-18                 COMMITTEE ON MEDICAL AND HEALTH CARE
   9-19                   PROFESSIONS MINORITY RECRUITMENT
   9-20        SECTION 20.01.  The advisory and oversight committee on
   9-21  medical and health care professions minority recruitment is
   9-22  abolished.
   9-23        SECTION 20.02.  Section 51.717, Education Code, is repealed.
   9-24           ARTICLE 21.  ABOLITION OF MULTISTATE TAX COMPACT
   9-25                          ADVISORY COMMITTEE
   9-26        SECTION 21.01.  The Multistate Tax Compact Advisory Committee
   9-27  is abolished.
   9-28        SECTION 21.02.  Section 141.004, Tax Code, is repealed.
   9-29            ARTICLE 22.  ABOLITION OF TEXAS PARTNERSHIP AND
   9-30                 SCHOLARSHIP PROGRAM ADVISORY COUNCIL
   9-31        SECTION 22.01.  The Texas partnership and scholarship program
   9-32  advisory council is abolished.
   9-33        SECTION 22.02.  Section 35.10, Education Code, is repealed.
   9-34            ARTICLE 23.  ABOLITION OF POSTADOPTION SERVICES
   9-35                          ADVISORY COMMITTEE
   9-36        SECTION 23.01.  The Postadoption Services Advisory Committee
   9-37  is abolished.
   9-38        SECTION 23.02.  Section 47.032, Human Resources Code, is
   9-39  repealed.
   9-40          ARTICLE 24.  ABOLITION OF STATE PRESERVATION BOARD
   9-41                     PERMANENT ADVISORY COMMITTEE
   9-42        SECTION 24.01.  The State Preservation Board permanent
   9-43  advisory committee is abolished.
   9-44        SECTION 24.02.  Section 443.008, Government Code, is amended
   9-45  to read as follows:
   9-46        Sec. 443.008.  ADVISORY COMMITTEES.  <(a)  The board shall
   9-47  appoint a permanent advisory committee consisting of the executive
   9-48  director of the Texas Historical Commission, chairman of the
   9-49  Antiquities Committee, director of the Texas State Library and
   9-50  Archives Commission, director of the Texas Commission on the Arts,
   9-51  and three citizens, one each appointed by the governor, lieutenant
   9-52  governor, and speaker of the house of representatives.  At its
   9-53  first meeting in each odd-numbered year, the board shall designate
   9-54  a chairman for the committee from among the committee's members.
   9-55  The person designated serves in that capacity until a successor is
   9-56  designated.>
   9-57        <(b)  An appointed member serves at the will of the authority
   9-58  who appointed the member.  A citizen member is entitled to a per
   9-59  diem as set by the General Appropriations Act for each day that the
   9-60  person engages in committee business.>
   9-61        <(c)  The committee shall assist in the development of the
   9-62  annual budget and work plan prepared by the executive director, the
   9-63  master plan prepared by the architect of the Capitol, and the
   9-64  collection policy and furnishings plan prepared by the curator of
   9-65  the Capitol, and make recommendations concerning board approval of
   9-66  those documents.>
   9-67        <(d)>  The board may appoint <other> advisory committees to
   9-68  aid it in carrying out its duties.
   9-69     ARTICLE 25.  ABOLITION OF PRODUCT DEVELOPMENT ADVISORY BOARD
   9-70        SECTION 25.01.  The Product Development Advisory Board is
   10-1  abolished.
   10-2        SECTION 25.02.  Section 481.225, Government Code, is amended
   10-3  to read as follows:
   10-4        Sec. 481.225.  INFORMATION CONFIDENTIAL.  Information
   10-5  relating to a product, and the application or use of a product, and
   10-6  technological and scientific information, including computer
   10-7  programs, developed in whole or part by an applicant for or a
   10-8  recipient of venture financing, is confidential and is not subject
   10-9  to disclosure under state law or otherwise, regardless of whether
  10-10  the product is patentable or capable of being registered under
  10-11  copyright or trademark laws, or has a potential for being sold,
  10-12  traded, or licensed for a fee; however, nothing in this subchapter
  10-13  shall prevent or restrict the department <or the advisory board>
  10-14  from obtaining information relating to a product or process from an
  10-15  applicant or recipient of a loan under this subchapter. <The
  10-16  product development advisory board is not required to deliberate in
  10-17  an open meeting regarding matters made confidential under this
  10-18  section.  Decisions or other actions as a result of the board's
  10-19  deliberations are not confidential and shall be made in an open
  10-20  meeting.>
  10-21        SECTION 25.03.  Section 481.227, Government Code, is amended
  10-22  to read as follows:
  10-23        Sec. 481.227.  ELIGIBLE PROJECTS AND BORROWERS.  (a)  A loan
  10-24  may be made under this subchapter only to finance a project
  10-25  approved by the <advisory board and> department.
  10-26        (b)  In determining eligible projects, the <advisory board
  10-27  and the> department shall give special preference to projects that
  10-28  have the greatest likelihood of commercial success and have the
  10-29  greatest effect on job creation and retention in the state,
  10-30  specifically including but not limited to projects in the areas of
  10-31  biotechnology, biomedicine, energy, materials science,
  10-32  microelectronics, aerospace, marine science, aquaculture,
  10-33  telecommunications, manufacturing science, and other priority
  10-34  research areas as provided in Section 143.003, Education Code.  The
  10-35  priority research area of agriculture will be funded according to
  10-36  the provisions of Subchapter D, Chapter 58, Agriculture Code.  The
  10-37  <advisory board and the> department further shall give
  10-38  consideration to:
  10-39              (1)  grantees under the small business innovation
  10-40  research program established under 15 U.S.C. Section 638;
  10-41              (2)  Texas companies formed to commercialize research
  10-42  funded at least in part with state funds; and
  10-43              (3)  Texas companies receiving assistance from
  10-44  designated state small business development centers.
  10-45        SECTION 25.04.  Section 481.228, Government Code, is amended
  10-46  to read as follows:
  10-47        Sec. 481.228.  CONSIDERATION IN FINANCING.  In determining
  10-48  whether to provide financing under this subchapter, the <advisory
  10-49  board and the> department shall give preference to applicants who
  10-50  are Texas residents doing business in the state and performing
  10-51  financed activities predominantly in the state, and then to
  10-52  applicants who can demonstrate that the financed activities will
  10-53  take place predominantly in this state.
  10-54        SECTION 25.05.  Section 481.230, Government Code, is amended
  10-55  to read as follows:
  10-56        Sec. 481.230.  RULES; IMMUNITY FROM LIABILITY <ADVISORY
  10-57  BOARD>.  (a)  The <Product Development Advisory Board is composed
  10-58  of:>
  10-59              <(1)  one representative of the Texas Higher Education
  10-60  Coordinating Board selected by the Texas Higher Education
  10-61  Coordinating Board;>
  10-62              <(2)  two persons appointed by the governor;>
  10-63              <(3)  two persons appointed by the lieutenant governor;
  10-64  and>
  10-65              <(4)  two persons appointed by the speaker of the house
  10-66  of representatives.>
  10-67        <(b)  In appointing members of the advisory board, the
  10-68  governor, lieutenant governor, and speaker of the house shall
  10-69  appoint persons having significant business leadership experience
  10-70  with emerging technologies, particularly experience with the
   11-1  transfer of research results into commercial application.>
   11-2        <(c)  Members of the advisory board serve two-year staggered
   11-3  terms with the terms of four members expiring February 1 of each
   11-4  odd-numbered year and the terms of three members expiring February
   11-5  1 of each even-numbered year.>
   11-6        <(d)  The governor shall appoint the advisory board's
   11-7  chairman from among its members.>
   11-8        <(e)  On recommendation of the advisory board, the>
   11-9  department shall adopt rules establishing limits on the amount of
  11-10  each loan and otherwise governing the terms and conditions of the
  11-11  loans, specifically including requirements for appropriate security
  11-12  or collateral and the rights and remedies of the department in the
  11-13  event of a default on the loan.  <Such rules shall include a
  11-14  requirement that borrowers shall report to the advisory board on
  11-15  the use of money distributed through this fund.>
  11-16        (b) <(f)>  The executive director, a member of the policy
  11-17  board, advisory board, or other person acting on behalf of the
  11-18  department in executing a contract, commitment, or agreement under
  11-19  this subchapter is not personally liable on the contract,
  11-20  commitment, or agreement.  The executive director, a member of the
  11-21  policy board, advisory board, or other person acting on behalf of
  11-22  the department is not personally liable for damage or injury
  11-23  resulting from the performance of duties under this subchapter.
  11-24        SECTION 25.06.  Subdivision (1), Section 481.221, Government
  11-25  Code, is repealed.
  11-26       ARTICLE 26.  ABOLITION OF ROLE OF THE FAMILY IN REDUCING
  11-27                     RECIDIVISM ADVISORY COMMITTEE
  11-28        SECTION 26.01.  The Role of the Family in Reducing Recidivism
  11-29  Advisory Committee is abolished.
  11-30        SECTION 26.02.  Section 501.011, Government Code, is
  11-31  repealed.
  11-32        SECTION 26.03.  Subsection (c), Section 61.036, Human
  11-33  Resources Code, is repealed.
  11-34     ARTICLE 27.  ABOLITION OF SMART JOBS FUND PROGRAM LEGISLATIVE
  11-35                           REVIEW COMMITTEE
  11-36        SECTION 27.01.  The smart jobs fund program legislative
  11-37  review committee is abolished.
  11-38        SECTION 27.02.  Section 481.1601, Government Code, is
  11-39  repealed.
  11-40          ARTICLE 28.  TRANSITION; EFFECTIVE DATE; EMERGENCY
  11-41        SECTION 28.01.  If an entity that is abolished by this Act
  11-42  has property, records, or other assets and the article of this Act
  11-43  that abolishes the entity does not provide for their disposition,
  11-44  the General Services Commission shall take custody of the property,
  11-45  records, or other assets of the entity unless the governor
  11-46  designates another appropriate state agency to take custody of the
  11-47  entity's property, records, or other assets.
  11-48        SECTION 28.02.  This Act takes effect September 1, 1995.
  11-49        SECTION 28.03.  The importance of this legislation and the
  11-50  crowded condition of the calendars in both houses create an
  11-51  emergency and an imperative public necessity that the
  11-52  constitutional rule requiring bills to be read on three several
  11-53  days in each house be suspended, and this rule is hereby suspended.
  11-54                               * * * * *