SRC-JFA S.B. 784 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 784
By: Barrientos
State Affairs
4-2-97
As Filed


DIGEST 

Currently, Chapter 2108, Government Code, sets forth the guidelines for
the Texas Incentive and Productivity Commission (commission).  The
commission was created in its current form in 1989 to administer two
employee involvement programs modeled after successful private sector
programs. The State Employee Incentive Program and the Productivity Bonus
Program are designed to benefit state agencies and taxpayers through
improving services, increasing revenues and decreasing costs; and to
reward employees who participate with monetary rewards and/or recognition.
This bill would revise the guidelines of the commission in regard to the
composition of the commission, use of updated communication technology,
and the delegation of commission authority for the task of awarding
productivity bonuses.       

PURPOSE

As proposed, S.B. 784 revises and updates the regulations of the Texas
Incentive and Productivity Commission in regard to the composition of the
commission, use of updated communication technology, and the delegation of
commission authority for the task of awarding productivity bonuses. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Incentive and Productivity
Commission in SECTION 3 (Section 2108.022, Government Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2108.003, Government Code, by amending
Subsection (a) and by adding Subsections (e) and (f), as follows: 

(a) Provides that the Texas Incentive and Productivity Commission
(commission) is composed of, among others, a state agency executive
director appointed by the governor, rather than the state treasurer; and
another state agency executive director appointed by the governor from an
agency that has actively participated in one or both of the commission's
programs, rather than the agency administrator of the Texas Employment
Commission.  

(e)  Provides that the appointed executive director members serve two-year
terms, with the term of one member expiring February 1 of each
even-numbered year and the term of one member expiring February 1 of each
odd-numbered year.  

(f)  Provides that it is a ground for removal of an appointed member if
the member misses at least four consecutive regularly scheduled meetings
of the commission.  Requires a member, if the designee of the member who
serves without the necessity of an appointment misses at least four
consecutive regularly scheduled meetings of the commission that the member
does not attend in person, to designate a new representative for meetings
that the member does not attend in person.   

SECTION 2. Amends Chapter 2108A, Government Code, by adding Section
2108.008, as follows: 

Sec. 2108.008.  REFERENCE TO PROGRAMS.  Authorizes the commission to refer
to the  incentive program and to the productivity bonus program by
different names and to authorize a state agency to refer to the programs
by different names. 

SECTION 3. Amends Section 2108.022, Government Code, by adding Subsection
(c), to authorize the commission, by rule, to prescribe procedures that
allow the commission and state agencies to communicate by facsimile or
on-line transmission of information.  Authorizes the commission to allow a
state employee to submit an eligible suggestion to the commission by
transmitting it on-line, without requiring the employee to sign the
suggestion.   

SECTION 4. Amends Section 2108.026(a), Government Code, to provide that to
be eligible for consideration under the incentive program an employee
suggestion must, among other conditions, be signed by the employee, except
as provided by Section 2108.22(c). 

SECTION 5. Amends Section 2108.029(c), Government Code, to require an
agency coordinator to give each employee who makes a suggestion
information about, rather than a copy of, the commission rules relating to
redeterminations or reevaluations.  

SECTION 6. Amends Section 2108.104, Government Code, by adding Subsection
(d), to authorize the commission to delegate to commission staff the
authority to award a productivity bonus if the bonus is awarded based on
the implementation of a plan that the commission has approved. Requires
the staff to inform the commission of productivity bonuses the staff
awards.   

SECTION 7. Amends Section 2108.106(c), Government Code, to provide that an
appointed or elected official is ineligible to receive an award under this
section.  Deletes text relating to the employee's eligibility for an
award.   

SECTION 8. Amends Section 2108.108(a), Government Code, to require the
commission, as soon as possible after an agency certifies savings under
the program, rather than at the end of the fiscal year, to compare the
expenditures of a state agency or division that participates in the
productivity bonus program for the fiscal year with the agency's or
division's appropriation for that fiscal year or, if appropriate, the
amount attributable to that year.  

SECTION 9. Requires the governor, as soon as possible, to appoint one
executive director member to the commission for a term expiring February
1, 1999, and one executive director member to the commission for a term
expiring February 1, 2000.  

SECTION 10. Effective date: September 1, 1997.

SECTION 11. Emergency clause.