By Barrientos S.B. No. 784
75R7138 JRD-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Incentive and Productivity Commission.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2108.003, Government Code, is amended by
1-5 amending Subsection (a) and adding Subsections (e) and (f) to read
1-6 as follows:
1-7 (a) The commission is composed of:
1-8 (1) the governor;
1-9 (2) the lieutenant governor;
1-10 (3) the comptroller;
1-11 (4) a state agency executive director appointed by the
1-12 governor [the state treasurer];
1-13 (5) another state agency executive director appointed
1-14 by the governor from an agency that has actively participated in
1-15 one or both of the commission's programs [the agency administrator
1-16 of the Texas Employment Commission];
1-17 (6) the chairman of the Texas Higher Education
1-18 Coordinating Board or the chairman's designee; and
1-19 (7) three public members appointed by the governor who
1-20 have experience in the administration of bonus, incentive, or
1-21 related programs used in private industry.
1-22 (e) The appointed executive director members serve two-year
1-23 terms, with the term of one member expiring February 1 of each
1-24 even-numbered year and the term of one member expiring February 1
2-1 of each odd-numbered year.
2-2 (f) It is a ground for removal of an appointed member if the
2-3 member misses at least four consecutive regularly scheduled
2-4 meetings of the commission. If the designee of a member who serves
2-5 without the necessity of an appointment misses at least four
2-6 consecutive regularly scheduled meetings of the commission that the
2-7 member does not attend in person, the member shall designate a new
2-8 representative for meetings that the member does not attend in
2-9 person.
2-10 SECTION 2. Subchapter A, Chapter 2108, Government Code, is
2-11 amended by adding Section 2108.008 to read as follows:
2-12 Sec. 2108.008. REFERENCES TO PROGRAMS. The commission may
2-13 refer to the incentive program and to the productivity bonus
2-14 program by different names and may authorize a state agency to
2-15 refer to the programs by different names.
2-16 SECTION 3. Section 2108.022, Government Code, is amended by
2-17 adding Subsection (c) to read as follows:
2-18 (c) The commission by rule may prescribe procedures that
2-19 allow the commission and state agencies to communicate by facsimile
2-20 or on-line transmission of information. The commission may allow a
2-21 state employee to submit an eligible suggestion to the commission
2-22 by transmitting it on-line, without requiring the employee to sign
2-23 the suggestion.
2-24 SECTION 4. Section 2108.026(a), Government Code, is amended
2-25 to read as follows:
2-26 (a) To be eligible for consideration under the incentive
2-27 program an employee suggestion must:
3-1 (1) be given to the agency coordinator;
3-2 (2) be in writing and in the form the commission
3-3 prescribes;
3-4 (3) be signed by the employee, except as provided by
3-5 Section 2108.022(c);
3-6 (4) propose a reasonable implementation method; and
3-7 (5) describe the type of cost savings or other benefit
3-8 the employee foresees if the suggestion is adopted.
3-9 SECTION 5. Section 2108.029(c), Government Code, is amended
3-10 to read as follows:
3-11 (c) The commission shall adopt rules to govern the
3-12 redetermination process. An agency coordinator shall give each
3-13 employee who makes a suggestion information about [a copy of] the
3-14 commission rules relating to redeterminations or reevaluations.
3-15 SECTION 6. Section 2108.104, Government Code, is amended by
3-16 adding Subsection (d) to read as follows:
3-17 (d) The commission may delegate to commission staff the
3-18 authority to award a productivity bonus under this subchapter if
3-19 the bonus is awarded based on the implementation of a plan that the
3-20 commission has approved. The staff shall inform the commission of
3-21 productivity bonuses the staff awards under delegated authority.
3-22 SECTION 7. Section 2108.106(c), Government Code, is amended
3-23 to read as follows:
3-24 (c) An appointed or elected official [employee] is
3-25 ineligible to receive an award [eligible] under this section [if
3-26 the employee:]
3-27 [(1) is an hourly, part-time, or temporary employee;]
4-1 [(2) is a classified employee under Chapter 654; or]
4-2 [(3) performs functions equivalent to functions
4-3 performed by a classified employee in another state agency].
4-4 SECTION 8. Section 2108.108(a), Government Code, is amended
4-5 to read as follows:
4-6 (a) As soon as possible after an agency certifies savings
4-7 under the program, [At the end of a fiscal year] the commission
4-8 shall compare the expenditures of a state agency or division that
4-9 participates in the productivity bonus program for the fiscal year
4-10 with the agency's or division's appropriation for that fiscal year
4-11 or, if appropriate, the amount attributable to that year. The
4-12 commission shall determine the amount by which the agency or
4-13 division has reduced its cost of operations during the fiscal year.
4-14 SECTION 9. As soon as possible after the effective date of
4-15 this Act, the governor shall appoint one executive director member
4-16 to the Texas Incentive and Productivity Commission for a term
4-17 expiring February 1, 1999, and one executive director member to the
4-18 commission for a term expiring February 1, 2000.
4-19 SECTION 10. This Act takes effect September 1, 1997.
4-20 SECTION 11. The importance of this legislation and the
4-21 crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended.