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 * * * * *