By: Barrientos S.B. No. 784
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the Texas Incentive and Productivity Commission.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Section 2108.003, Government Code, is amended by
1-4 amending Subsection (a) and adding Subsection (e) to read as
1-5 follows:
1-6 (a) The commission is composed of:
1-7 (1) the governor;
1-8 (2) the lieutenant governor;
1-9 (3) the comptroller;
1-10 (4) a state agency executive director appointed by the
1-11 governor [the state treasurer];
1-12 (5) another state agency executive director appointed
1-13 by the governor from an agency that has actively participated in
1-14 one or both of the commission's programs [the agency administrator
1-15 of the Texas Employment Commission];
1-16 (6) the chairman of the Texas Higher Education
1-17 Coordinating Board or the chairman's designee; and
1-18 (7) three public members appointed by the governor who
1-19 have experience in the administration of bonus, incentive, or
1-20 related programs used in private industry.
1-21 (e) The appointed executive director members serve two-year
1-22 terms, with the term of one member expiring February 1 of each
1-23 even-numbered year and the term of one member expiring February 1
2-1 of each odd-numbered year.
2-2 SECTION 2. Subsection (b), Section 2108.004, Government
2-3 Code, is amended to read as follows:
2-4 (b) The commission may adopt rules to carry out this chapter
2-5 and to provide for the efficient operation of the state employee
2-6 incentive program and the productivity bonus program.
2-7 SECTION 3. Subchapter A, Chapter 2108, Government Code, is
2-8 amended by adding Sections 2108.008, 2108.009, and 2108.010 to read
2-9 as follows:
2-10 Sec. 2108.008. MONEY FOR OPERATION OF COMMISSION. (a) The
2-11 legislature shall appropriate money for the operation of the
2-12 commission by providing that each state agency shall pay an amount
2-13 of money to the commission out of the agency's appropriation. The
2-14 amount paid to the commission out of each agency's appropriation
2-15 is computed by multiplying an amount set by appropriation times the
2-16 number of employees employed by the agency.
2-17 (b) Each state agency shall make its payment to the
2-18 commission in the manner prescribed by the appropriation.
2-19 Sec. 2108.009. LEGISLATIVE APPROPRIATIONS REQUESTS. Each
2-20 state agency that is eligible to participate in the state employee
2-21 incentive program or the productivity bonus program shall include
2-22 in the agency's legislative appropriation request performance
2-23 measures for the number of employee suggestions submitted and
2-24 approved.
2-25 Sec. 2108.010. REFERENCES TO PROGRAMS. The commission may
3-1 refer to the incentive program and to the productivity bonus
3-2 program by different names and may authorize a state agency to
3-3 refer to the programs by different names.
3-4 SECTION 4. Section 2108.022, Government Code, is amended by
3-5 adding Subsection (c) to read as follows:
3-6 (c) The commission by rule may prescribe procedures that
3-7 allow the commission and state agencies to communicate by facsimile
3-8 or on-line transmission of information. The commission may allow a
3-9 state employee to submit an eligible suggestion to the commission
3-10 by transmitting it on-line, without requiring the employee to sign
3-11 the suggestion.
3-12 SECTION 5. Subsection (a), Section 2108.026, Government
3-13 Code, is amended to read as follows:
3-14 (a) To be eligible for consideration under the incentive
3-15 program an employee suggestion must:
3-16 (1) be given to the agency coordinator;
3-17 (2) be in writing and in the form the commission
3-18 prescribes;
3-19 (3) be signed by the employee, except as provided by
3-20 Section 2108.022(c);
3-21 (4) propose a reasonable implementation method; and
3-22 (5) describe the type of cost savings or other benefit
3-23 the employee foresees if the suggestion is adopted.
3-24 SECTION 6. Subsection (c), Section 2108.029, Government
3-25 Code, is amended to read as follows:
4-1 (c) The commission shall adopt rules to govern the
4-2 redetermination process. An agency coordinator shall give each
4-3 employee who makes a suggestion information about [a copy of] the
4-4 commission rules relating to redeterminations or reevaluations.
4-5 SECTION 7. Section 2108.037, Government Code, is amended to
4-6 read as follows:
4-7 Sec. 2108.037. FUNDS TRANSFER; AGENCY INCENTIVE REINVESTMENT
4-8 ACCOUNTS. (a) The comptroller shall transfer the amount certified
4-9 by the commission and the affected agency as the actual or
4-10 projected savings or increased revenues attributable to an
4-11 implemented suggestion from a fund affected by the savings or
4-12 increased revenues.
4-13 (b) The comptroller shall transfer the amount certified
4-14 under Subsection (a) into an incentive reinvestment account the
4-15 comptroller creates for each participating state agency. Money in
4-16 a state agency's incentive reinvestment account may be appropriated
4-17 only:
4-18 (1) to the agency for the purpose of paying bonuses
4-19 granted by the commission under this subchapter to an eligible
4-20 employee of the agency;
4-21 (2) to the agency for the purpose of training the
4-22 agency's employees; or
4-23 (3) to the agency or another appropriate entity for
4-24 the purpose of capital expenditures made by or for the agency that
4-25 may reasonably be expected to increase productivity at the agency
5-1 [as follows:]
5-2 [(1) 40 percent to the fund from which the original
5-3 appropriation to the affected fund was made;]
5-4 [(2) 40 percent to an appropriate fund from which the
5-5 affected agency may award merit pay increases to individuals in the
5-6 agency; and]
5-7 [(3) 20 percent to the special fund established for
5-8 the commission under Section 2108.038].
5-9 (c) If increased productivity attributable to an implemented
5-10 suggestion results in savings or increased revenues that can be
5-11 computed as provided by Section 2108.023(c) but that will not
5-12 permit the affected agency to transfer or to have an unexpended
5-13 balance of appropriated money, the commission and the affected
5-14 agency shall certify the amount of actual or projected savings or
5-15 increased revenues that are attributable to the suggestion, and the
5-16 comptroller shall transfer the [20 percent of that] amount of the
5-17 bonus granted by the commission to the employee making the
5-18 suggestion from a fund affected by the savings or increased
5-19 revenues to the state agency's incentive reinvestment account for
5-20 payment to the employee [special fund established under Section
5-21 2108.038].
5-22 SECTION 8. Subdivision (3), Section 2108.101, Government
5-23 Code, is amended to read as follows:
5-24 (3) "State agency" means a department, commission,
5-25 board, office, or other agency in the executive or judicial branch
6-1 of state government that is created under the constitution or a
6-2 statute of this state[, but does not include:]
6-3 [(A) the office of the governor; or]
6-4 [(B) an institution of higher education, as
6-5 defined by Section 61.003, Education Code].
6-6 SECTION 9. Section 2108.104, Government Code, is amended by
6-7 adding Subsection (d) to read as follows:
6-8 (d) The commission may delegate to commission staff the
6-9 authority to award a productivity bonus under this subchapter if
6-10 the bonus is awarded based on the implementation of a plan that the
6-11 commission has approved. The staff shall inform the commission of
6-12 productivity bonuses the staff awards under delegated authority.
6-13 SECTION 10. Subsections (a) and (c), Section 2108.106,
6-14 Government Code, are amended to read as follows:
6-15 (a) The commission shall award eligible employees of an
6-16 agency or division an amount not to exceed 25 percent of the amount
6-17 of savings certified by the agency or division and approved by the
6-18 commission [in the agency's or division's productivity bonus
6-19 account]. The awarded amount shall be distributed in equal shares
6-20 to the eligible current employees of the agency or division. A
6-21 bonus awarded to an individual employee may not exceed $1,000.
6-22 (c) An appointed or elected official [employee] is
6-23 ineligible to receive an award [eligible] under this section [if
6-24 the employee:]
6-25 [(1) is an hourly, part-time, or temporary employee;]
7-1 [(2) is a classified employee under Chapter 654; or]
7-2 [(3) performs functions equivalent to functions
7-3 performed by a classified employee in another state agency].
7-4 SECTION 11. Section 2108.107, Government Code, is amended to
7-5 read as follows:
7-6 Sec. 2108.107. TRANSFER [AWARD] TO [STATE] AGENCY
7-7 PRODUCTIVITY REINVESTMENT ACCOUNT [OR DIVISION]. If the commission
7-8 awards a productivity bonus to a state agency or division of a
7-9 state agency, the comptroller shall transfer the amount of savings
7-10 certified by the agency or division and approved by the commission
7-11 from a fund affected by the savings into a productivity
7-12 reinvestment account the comptroller creates for each participating
7-13 state agency. Money in a state agency's productivity reinvestment
7-14 account may be appropriated only:
7-15 (1) to the agency for the purpose of paying bonuses
7-16 awarded by the commission under this subchapter to an eligible
7-17 employee of the agency;
7-18 (2) to the agency for the purpose of training the
7-19 agency's employees; or
7-20 (3) to the agency or another appropriate entity for
7-21 the purpose of capital expenditures made by or for the agency that
7-22 may reasonably be expected to increase productivity at the agency
7-23 [balance in the agency's or division's productivity bonus account,
7-24 as appropriate, shall be distributed as follows:]
7-25 [(1) one-third shall be appropriated to the agency for
8-1 use by the agency's administration to promote agency productivity
8-2 during the subsequent fiscal year; and]
8-3 [(2) two-thirds shall be credited to the fund from
8-4 which the original agency or division appropriation was made].
8-5 SECTION 12. Subsection (a), Section 2108.108, Government
8-6 Code, is amended to read as follows:
8-7 (a) As soon as possible after an agency certifies savings
8-8 under the program, [At the end of a fiscal year] the commission
8-9 shall compare the expenditures of a state agency or division that
8-10 participates in the productivity bonus program for the fiscal year
8-11 with the agency's or division's appropriation for that fiscal year
8-12 or, if appropriate, the amount attributable to that year. The
8-13 commission shall determine the amount by which the agency or
8-14 division has reduced its cost of operations during the fiscal year.
8-15 SECTION 13. Sections 2108.038 and 2108.109, Government Code,
8-16 are repealed.
8-17 SECTION 14. The comptroller shall transfer any money in a
8-18 state agency's productivity bonus account into a productivity
8-19 reinvestment account created for the agency. The comptroller shall
8-20 transfer any money in the productivity bonus account of the Texas
8-21 Incentive and Productivity Commission into the undedicated portion
8-22 of the general revenue fund.
8-23 SECTION 15. As soon as possible after the effective date of
8-24 this Act, the governor shall appoint one executive director member
8-25 to the Texas Incentive and Productivity Commission for a term
9-1 expiring February 1, 1999, and one executive director member to the
9-2 commission for a term expiring February 1, 2000.
9-3 SECTION 16. This Act takes effect September 1, 1997.
9-4 SECTION 17. The importance of this legislation and the
9-5 crowded condition of the calendars in both houses create an
9-6 emergency and an imperative public necessity that the
9-7 constitutional rule requiring bills to be read on three several
9-8 days in each house be suspended, and this rule is hereby suspended.