By Armbrister S.B. No. 1074
75R5542 RJA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the Texas Incentive and Productivity Commission, the
1-3 state employee incentive program, and the productivity bonus
1-4 program.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 2108.003(a) and (d), Government Code,
1-7 are amended to read as follows:
1-8 (a) The commission is composed of:
1-9 (1) the governor;
1-10 (2) the lieutenant governor;
1-11 (3) the comptroller;
1-12 (4) [the state treasurer;]
1-13 [(5)] the agency administrator of the Texas Workforce
1-14 [Employment] Commission;
1-15 (5) [(6)] the chairman of the Texas Higher Education
1-16 Coordinating Board or the chairman's designee; [and]
1-17 (6) a chief administrative officer of a state agency
1-18 designated by the governor; 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 (d) Public members serve a two-year term, with the term of
1-23 one member expiring February 1 of each even-numbered year and the
1-24 term of two members expiring February 1 of each odd-numbered year.
2-1 The agency administrative officer designated by the governor under
2-2 Subsection (a) serves a two-year term that expires February 1 of
2-3 each even-numbered year.
2-4 SECTION 2. Section 2108.004(b), Government Code, is amended
2-5 to read as follows:
2-6 (b) The commission may adopt rules to carry out this chapter
2-7 and to provide for the efficient operation of the state employee
2-8 incentive program and the productivity bonus program.
2-9 SECTION 3. Subchapter A, Chapter 2108, Government Code, is
2-10 amended by adding Sections 2108.008 and 2108.009 to read as
2-11 follows:
2-12 Sec. 2108.008. MONEY FOR OPERATION OF COMMISSION. (a) The
2-13 legislature shall appropriate money for the operation of the
2-14 commission by providing that each state agency shall pay an amount
2-15 of money to the commission out of the agency's appropriation. The
2-16 amount paid to the commission out of each agency's appropriation
2-17 is computed by multiplying an amount set by appropriation times the
2-18 number of employees employed by the agency.
2-19 (b) Each state agency shall make its payment to the
2-20 commission in the manner prescribed by the appropriation.
2-21 Sec. 2108.009. LEGISLATIVE APPROPRIATIONS REQUESTS. Each
2-22 state agency that is eligible to participate in the state employee
2-23 incentive program or the productivity bonus program shall include
2-24 in the agency's legislative appropriation request performance
2-25 measures for the number of employee suggestions submitted and
2-26 approved.
2-27 SECTION 4. Section 2108.037, Government Code, is amended to
3-1 read as follows:
3-2 Sec. 2108.037. FUNDS TRANSFER; AGENCY INCENTIVE REINVESTMENT
3-3 ACCOUNTS. (a) The comptroller shall transfer the amount
3-4 certified by the commission and the affected agency as the actual
3-5 or projected savings or increased revenues attributable to an
3-6 implemented suggestion from a fund affected by the savings or
3-7 increased revenues.
3-8 (b) The comptroller shall transfer the amount certified
3-9 under Subsection (a) into an incentive reinvestment account the
3-10 comptroller creates for each participating state agency. Money in a
3-11 state agency's incentive reinvestment account may be appropriated
3-12 only:
3-13 (1) to the agency for the purpose of paying bonuses
3-14 granted by the commission under this subchapter to an eligible
3-15 employee of the agency;
3-16 (2) to the agency for the purpose of training the
3-17 agency's employees; or
3-18 (3) to the agency or another appropriate entity for
3-19 the purpose of capital expenditures made by or for the agency that
3-20 may reasonably be expected to increase productivity at the agency
3-21 [as follows:]
3-22 [(1) 40 percent to the fund from which the original
3-23 appropriation to the affected fund was made;]
3-24 [(2) 40 percent to an appropriate fund from which the
3-25 affected agency may award merit pay increases to individuals in the
3-26 agency; and]
3-27 [(3) 20 percent to the special fund established for
4-1 the commission under Section 2108.038].
4-2 (c) If increased productivity attributable to an implemented
4-3 suggestion results in savings or increased revenues that can be
4-4 computed as provided by Section 2108.023(c) but that will not
4-5 permit the affected agency to transfer or to have an unexpended
4-6 balance of appropriated money, the commission and the affected
4-7 agency shall certify the amount of actual or projected savings or
4-8 increased revenues that are attributable to the suggestion, and the
4-9 comptroller shall transfer the [20 percent of that] amount of the
4-10 bonus granted by the commission to the employee making the
4-11 suggestion from a fund affected by the savings or increased
4-12 revenues to the state agency's incentive reinvestment account for
4-13 payment to the employee [special fund established under Section
4-14 2108.038].
4-15 SECTION 5. Section 2108.101(3), Government Code, is amended
4-16 to read as follows:
4-17 (3) "State agency" means a department, commission,
4-18 board, office, or other agency in the executive or judicial branch
4-19 of state government that is created under the constitution or a
4-20 statute of this state[, but does not include:]
4-21 [(A) the office of the governor; or]
4-22 [(B) an institution of higher education, as
4-23 defined by Section 61.003, Education Code].
4-24 SECTION 6. Section 2108.106, Government Code, is amended by
4-25 amending Subsection (a) and adding Subsection (e) to read as
4-26 follows:
4-27 (a) The commission shall award eligible employees of an
5-1 agency or division an amount not to exceed 25 percent of the amount
5-2 of savings certified by the agency or division and approved by the
5-3 commission [in the agency's or division's productivity bonus
5-4 account]. The awarded amount shall be distributed in equal shares
5-5 to the eligible current employees of the agency or division. A
5-6 bonus awarded to an individual employee may not exceed $1,000.
5-7 (e) In this section, "eligible employee" does not include an
5-8 elected or appointed agency official.
5-9 SECTION 7. Section 2108.107, Government Code, is amended to
5-10 read as follows:
5-11 Sec. 2108.107. TRANSFER [AWARD] TO [STATE] AGENCY
5-12 PRODUCTIVITY REINVESTMENT ACCOUNT [OR DIVISION]. If the
5-13 commission awards a productivity bonus to a state agency or
5-14 division of a state agency, the comptroller shall transfer the
5-15 amount of savings certified by the agency or division and approved
5-16 by the commission from a fund affected by the savings into a
5-17 productivity reinvestment account the comptroller creates for each
5-18 participating state agency. Money in a state agency's productivity
5-19 reinvestment account may be appropriated only:
5-20 (1) to the agency for the purpose of paying bonuses
5-21 awarded by the commission under this subchapter to an eligible
5-22 employee of the agency;
5-23 (2) to the agency for the purpose of training the
5-24 agency's employees; or
5-25 (3) to the agency or another appropriate entity for
5-26 the purpose of capital expenditures made by or for the agency that
5-27 may reasonably be expected to increase productivity at the agency
6-1 [balance in the agency's or division's productivity bonus account,
6-2 as appropriate, shall be distributed as follows:]
6-3 [(1) one-third shall be appropriated to the agency for
6-4 use by the agency's administration to promote agency productivity
6-5 during the subsequent fiscal year; and]
6-6 [(2) two-thirds shall be credited to the fund from
6-7 which the original agency or division appropriation was made].
6-8 SECTION 8. Sections 2108.038 and 2108.109, Government Code,
6-9 are repealed.
6-10 SECTION 9. (a) The comptroller shall transfer any money in
6-11 a state agency's productivity bonus account into a productivity
6-12 reinvestment account created for the agency. The comptroller shall
6-13 transfer any money in the productivity bonus account of the Texas
6-14 Incentive and Productivity Commission into the undedicated portion
6-15 of the general revenue fund.
6-16 (b) As soon as possible after the effective date of this
6-17 Act, the governor shall designate a chief administrative officer of
6-18 a state agency to serve on the Texas Incentive and Productivity
6-19 Commission for a term expiring February 1, 2000.
6-20 SECTION 10. This Act takes effect September 1, 1997.
6-21 SECTION 11. The importance of this legislation and the
6-22 crowded condition of the calendars in both houses create an
6-23 emergency and an imperative public necessity that the
6-24 constitutional rule requiring bills to be read on three several
6-25 days in each house be suspended, and this rule is hereby suspended.