By Bosse H.B. No. 1208
76R816 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the continuation and functions of the Texas Incentive
1-3 and Productivity Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2108.003, Government Code, is amended by
1-6 amending Subsections (a) and (d) and adding Subsection (e) to read
1-7 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 chief administrative officer of a state
1-13 agency, designated by the governor, that employs fewer than 1,000
1-14 full-time employees;
1-15 (5) the chief administrative officer of a state
1-16 agency, designated by the governor, that employs 1,000 or more
1-17 full-time employees [agency administrator of the Texas Employment
1-18 Commission];
1-19 (6) [(5)] the chairman of the Texas Higher Education
1-20 Coordinating Board or the chairman's designee; and
1-21 (7) [(6)] three public members appointed by the
1-22 governor who have experience in the administration of bonus,
1-23 incentive, or related programs used in private industry.
1-24 (d) The chief administrative officers of the agencies
2-1 designated by the governor serve a two-year term on the commission,
2-2 with the term of one designated agency's chief administrative
2-3 officer expiring February 1 of each even-numbered year and the term
2-4 of the other designated agency's chief administration officer
2-5 expiring February 1 of each odd-numbered year. Public members
2-6 serve a two-year term, with the term of one member expiring
2-7 February 1 of each even-numbered year and the term of two members
2-8 expiring February 1 of each odd-numbered year.
2-9 (e) Appointments to the commission shall be made without
2-10 regard to the race, color, disability, sex, religion, age, or
2-11 national origin of the appointees.
2-12 SECTION 2. Subchapter A, Chapter 2108, Government Code, is
2-13 amended by adding Sections 2108.0035 and 2108.0036 to read as
2-14 follows:
2-15 Sec. 2108.0035. ELIGIBILITY FOR COMMISSION MEMBERSHIP OR
2-16 EMPLOYMENT. (a) In this section, "Texas trade association" means a
2-17 cooperative and voluntarily joined association of business or
2-18 professional competitors in this state designed to assist its
2-19 members and its industry or profession in dealing with mutual
2-20 business or professional problems and in promoting their common
2-21 interest.
2-22 (b) A person may not be a public member of the commission
2-23 and may not be a commission employee employed in a "bona fide
2-24 executive, administrative, or professional capacity," as that
2-25 phrase is used for purposes of establishing an exemption to the
2-26 overtime provisions of the federal Fair Labor Standards Act of 1938
2-27 (29 U.S.C. Section 201 et seq.) and its subsequent amendments if:
3-1 (1) the person is an officer, employee, or paid
3-2 consultant of a Texas trade association in the field of the
3-3 administration of bonus, incentive, or related programs used in
3-4 private industry; or
3-5 (2) the person's spouse is an officer, manager, or
3-6 paid consultant of a Texas trade association in the field of the
3-7 administration of bonus, incentive, or related programs used in
3-8 private industry.
3-9 (c) A person may not be a public member of the commission or
3-10 act as general counsel to the commission if the person is required
3-11 to register as a lobbyist under Chapter 305 because of the person's
3-12 activities for compensation on behalf of a profession related to
3-13 the operation of the commission.
3-14 Sec. 2108.0036. REMOVAL OF MEMBER. (a) It is a ground for
3-15 removal from the commission if a public member:
3-16 (1) does not have at the time of taking office the
3-17 qualifications required by Section 2108.003;
3-18 (2) does not maintain during service on the commission
3-19 the qualifications required by Section 2108.003;
3-20 (3) is ineligible for membership under Section
3-21 2108.0035;
3-22 (4) cannot, because of illness or disability,
3-23 discharge the member's duties for a substantial part of the
3-24 member's term; or
3-25 (5) is absent from more than half of the regularly
3-26 scheduled commission meetings that the member is eligible to attend
3-27 during a calendar year unless the absence is excused by a majority
4-1 vote of the commission.
4-2 (b) The validity of an action of the commission is not
4-3 affected by the fact that it is taken when a ground for removal of
4-4 a commission member exists.
4-5 (c) If the executive director of the commission has
4-6 knowledge that a potential ground for removal exists, the executive
4-7 director shall notify the presiding officer of the commission of
4-8 the potential ground. The presiding officer shall then notify the
4-9 governor and the attorney general that a potential ground for
4-10 removal exists. If the potential ground for removal involves the
4-11 presiding officer, the executive director shall notify the next
4-12 highest ranking officer of the commission, who shall then notify
4-13 the governor and the attorney general that a potential ground for
4-14 removal exists.
4-15 SECTION 3. Section 2108.005, Government Code, is amended to
4-16 read as follows:
4-17 Sec. 2108.005. EXECUTIVE DIRECTOR; STAFF. [(a)] The
4-18 commission may hire an executive director and other staff necessary
4-19 to perform its functions.
4-20 [(b) The commission may designate separate division
4-21 directors to oversee the administration of the state employee
4-22 incentive program under Subchapter B and the productivity bonus
4-23 program under Subchapter C.]
4-24 SECTION 4. Section 2108.007, Government Code, is amended to
4-25 read as follows:
4-26 Sec. 2108.007. APPLICATION OF SUNSET ACT. The Texas
4-27 Incentive and Productivity Commission is subject to Chapter 325
5-1 (Texas Sunset Act). Unless continued in existence as provided by
5-2 that chapter, the commission is abolished and this chapter expires
5-3 September 1, 2003 [1999].
5-4 SECTION 5. Subchapter A, Chapter 2108, Government Code, is
5-5 amended by adding Sections 2108.008 through 2108.012 to read as
5-6 follows:
5-7 Sec. 2108.008. PERSONNEL MATTERS. (a) The executive
5-8 director or the executive director's designee shall provide to
5-9 members of the commission and to agency employees, as often as
5-10 necessary, information regarding the requirements for office or
5-11 employment under this chapter, including information regarding a
5-12 person's responsibilities under applicable laws relating to
5-13 standards of conduct for state officers or employees.
5-14 (b) The commission shall develop and implement policies that
5-15 clearly separate the policymaking responsibilities of the
5-16 commission and the management responsibilities of the executive
5-17 director and the staff of the commission.
5-18 Sec. 2108.009. EQUAL EMPLOYMENT OPPORTUNITY POLICY
5-19 STATEMENT. (a) The executive director or the executive director's
5-20 designee shall prepare and maintain a written policy statement that
5-21 implements a program of equal employment opportunity to ensure that
5-22 all personnel decisions are made without regard to race, color,
5-23 disability, sex, religion, age, or national origin.
5-24 (b) The policy statement must include:
5-25 (1) personnel policies, including policies relating to
5-26 recruitment, evaluation, selection, training, and promotion of
5-27 personnel, that show the intent of the commission to avoid the
6-1 unlawful employment practices described by Chapter 21, Labor Code;
6-2 and
6-3 (2) an analysis of the extent to which the composition
6-4 of the commission's personnel is in accordance with state and
6-5 federal law and a description of reasonable methods to achieve
6-6 compliance with state and federal law.
6-7 (c) The policy statement must:
6-8 (1) be updated annually;
6-9 (2) be reviewed by the Texas Commission on Human
6-10 Rights for compliance with Subsection (b)(1); and
6-11 (3) be filed with the governor's office.
6-12 Sec. 2108.010. PUBLIC TESTIMONY. The commission shall
6-13 develop and implement policies that provide the public with a
6-14 reasonable opportunity to appear before the commission and to speak
6-15 on any issue under the jurisdiction of the commission.
6-16 Sec. 2108.011. COMPLAINTS. (a) The commission shall
6-17 maintain a file on each written complaint filed with the
6-18 commission. The file must include:
6-19 (1) the name of the person who filed the complaint;
6-20 (2) the date the complaint is received by the
6-21 commission;
6-22 (3) the subject matter of the complaint;
6-23 (4) the name of each person contacted in relation to
6-24 the complaint;
6-25 (5) a summary of the results of the review or the
6-26 investigation of the complaint; and
6-27 (6) an explanation of the reason the file was closed,
7-1 if the agency closed the file without taking action other than to
7-2 investigate the complaint.
7-3 (b) The commission shall provide to the person filing the
7-4 complaint and to each person who is a subject of the complaint a
7-5 copy of the commission's policies and procedures relating to
7-6 complaint investigation and resolution.
7-7 (c) The commission, at least quarterly until final
7-8 disposition of the complaint, shall notify the person filing the
7-9 complaint and each person who is a subject of the complaint of the
7-10 status of the complaint unless the notice would jeopardize an
7-11 undercover investigation.
7-12 Sec. 2108.012. TRAINING. (a) A person who is appointed to
7-13 and qualifies for office as a public member of the commission may
7-14 not vote, deliberate, or be counted as a member in attendance at a
7-15 meeting of the commission until the person completes a training
7-16 program that complies with this section.
7-17 (b) The training program must provide the person with
7-18 information regarding:
7-19 (1) the legislation that created the commission;
7-20 (2) the programs operated by the commission;
7-21 (3) the role and the functions of the commission;
7-22 (4) the rules of the commission with an emphasis on
7-23 the rules that relate to disciplinary and investigatory authority;
7-24 (5) the current budget for the commission;
7-25 (6) the results of the most recent formal audit of the
7-26 commission;
7-27 (7) the requirements of:
8-1 (A) the open meetings law, Chapter 551;
8-2 (B) the public information law, Chapter 552;
8-3 (C) the administrative procedure law, Chapter
8-4 2001; and
8-5 (D) other laws relating to public officials,
8-6 including conflict of interest laws; and
8-7 (8) any applicable ethics policies adopted by the
8-8 commission or the Texas Ethics Commission.
8-9 (c) A person appointed to the commission is entitled to
8-10 reimbursement, as provided by the General Appropriations Act, for
8-11 the travel expenses incurred in attending the training program
8-12 regardless of whether the attendance at the program occurs before
8-13 or after the person qualifies for office.
8-14 SECTION 6. Section 2108.021, Government Code, is amended by
8-15 adding Subdivision (8) to read as follows:
8-16 (8) "State employee group" means a group of four or
8-17 more state employees employed by the same state agency.
8-18 SECTION 7. Sections 2108.023(a), (b), and (c), Government
8-19 Code, are amended to read as follows:
8-20 (a) The [From funds appropriated or otherwise available for
8-21 this purpose, the] commission may grant an award to an eligible
8-22 state employee who makes a suggestion that:
8-23 (1) reduces state expenditures, increases state
8-24 revenues, increases agency productivity, or improves the quality of
8-25 state services; and
8-26 (2) is approved and implemented.
8-27 (b) The commission may grant an award[, and the comptroller
9-1 may transfer funds under this subchapter,] before the end of the
9-2 first year in which a suggestion is implemented.
9-3 (c) An award [or transfer of funds] must be computed on the
9-4 net annual actual or projected savings or increased revenues,
9-5 including savings or increased revenues that result from increased
9-6 productivity, that are certified by the affected state agency and
9-7 the commission.
9-8 SECTION 8. Subchapter B, Chapter 2108, Government Code, is
9-9 amended by adding Sections 2108.0235 and 2108.0236 to read as
9-10 follows:
9-11 Sec. 2108.0235. RECOGNITION AWARD. (a) From funds
9-12 appropriated or otherwise available for this purpose, the
9-13 commission may grant a recognition award in the amount of $50 to an
9-14 eligible state employee who makes a suggestion that:
9-15 (1) relates to a state agency and:
9-16 (A) conserves energy;
9-17 (B) enhances safety;
9-18 (C) improves customer service; or
9-19 (D) results in the adoption of any other
9-20 innovation or improvement that is approved by the commission; and
9-21 (2) is not otherwise eligible for a bonus under
9-22 Section 2108.023.
9-23 (b) An award under this section must be approved by members
9-24 of the commission. The staff of the commission may not approve an
9-25 award under this section.
9-26 (c) The commission may not grant more than 150 awards for
9-27 suggestions under this section each state fiscal year.
10-1 Sec. 2108.0236. STATE EMPLOYEE GROUPS. (a) A state employee
10-2 group each member of which is eligible under Section 2108.024 may
10-3 submit a suggestion as a group. Except as provided by this
10-4 section, each provision in this subchapter that applies to a state
10-5 employee or a state employee suggestion applies, as appropriate, to
10-6 a state employee group, each member of a state employee group, or a
10-7 suggestion submitted by a state employee group.
10-8 (b) A state employee group is eligible for a total bonus of
10-9 10 percent of the first-year net savings or revenue increases, not
10-10 to exceed an award of $5,000 for each member of the state employee
10-11 group, if the state employee group's suggestion results in savings
10-12 or increased revenues to a state agency, including savings or
10-13 increased revenues that result from increased productivity, that:
10-14 (1) can be computed using a cost-benefit analysis; and
10-15 (2) equal or exceed $100 after implementation costs.
10-16 (c) The commission shall divide any bonus for a suggestion
10-17 submitted by a state employee group equally among the members of
10-18 the group.
10-19 SECTION 9. Section 2108.024, Government Code, is amended to
10-20 read as follows:
10-21 Sec. 2108.024. EMPLOYEE ELIGIBILITY TO PARTICIPATE. Each
10-22 state employee is eligible to participate in the incentive program
10-23 except an employee:
10-24 (1) who has authority to implement the suggestion
10-25 being made;
10-26 (2) who is on an unpaid leave of absence;
10-27 (3) whose job description includes responsibility for
11-1 cost analysis, efficiency analysis, savings implementation, or
11-2 other similar programs in the employee's agency;
11-3 (4) who is involved in or has access to agency
11-4 research and development information used as the basis of the
11-5 suggestion; [or]
11-6 (5) whose job description or routine job duties
11-7 include developing the type of change in agency operations
11-8 recommended by the suggestion; or
11-9 (6) who is an employee of the commission.
11-10 SECTION 10. Section 2108.026(b), Government Code, is amended
11-11 to read as follows:
11-12 (b) An employee is not eligible to receive an award under
11-13 this subchapter for a suggestion that:
11-14 (1) does not describe a method to achieve the desired
11-15 savings or benefit;
11-16 (2) proposes an idea under implementation or
11-17 consideration on the date the suggestion is given to the agency;
11-18 (3) relates only to personnel matters or grievances,
11-19 including employee classification or compensation;
11-20 (4) proposes a correction for a condition that
11-21 resulted only because applicable established procedures were not
11-22 properly followed; [or]
11-23 (5) proposes implementation of a policy or procedure
11-24 that the employee's agency adopted before the employee made the
11-25 suggestion to the agency; or
11-26 (6) proposes an idea that involves delayed hiring of
11-27 employees by the agency.
12-1 SECTION 11. Section 2108.027, Government Code, is amended to
12-2 read as follows:
12-3 Sec. 2108.027. MULTIPLE AND JOINT SUGGESTIONS. (a) If two
12-4 or more employees or two or more state employee groups submit the
12-5 same suggestion relating to the same agency, the first suggestion
12-6 that the agency coordinator receives is eligible for consideration.
12-7 (b) If the same suggestion is received on the same day from
12-8 two or more employees individually and the employees work [working]
12-9 at different locations, a bonus granted for the suggestion may be
12-10 divided equally among the employees.
12-11 (c) Two or three [more] employees may submit a joint
12-12 suggestion. A bonus granted for the suggestion may be divided
12-13 equally among the employees.
12-14 SECTION 12. Section 2108.037, Government Code, is amended to
12-15 read as follows:
12-16 Sec. 2108.037. RETENTION OF FUNDS [FUNDS TRANSFER]. (a) The
12-17 [comptroller shall transfer the amount certified by the] commission
12-18 and the affected agency shall certify to the comptroller the amount
12-19 of [as] the actual or projected savings or increased revenues
12-20 attributable to an implemented suggestion [from a fund affected by
12-21 the savings or increased revenues].
12-22 (b) The affected agency shall retain the amount of the
12-23 actual or projected savings or increased revenues attributable to
12-24 an implemented suggestion, to the extent that the savings comes
12-25 from funds appropriated to the affected agency. A portion of the
12-26 savings or revenues shall be used by the affected agency to pay
12-27 bonuses awarded by the commission under this subchapter. [The
13-1 comptroller shall transfer the amount certified under Subsection
13-2 (a) as follows:]
13-3 [(1) 40 percent to the fund from which the original
13-4 appropriation to the affected fund was made;]
13-5 [(2) 40 percent to an appropriate fund from which the
13-6 affected agency may award merit pay increases to individuals in the
13-7 agency; and]
13-8 [(3) 20 percent to the special fund established for
13-9 the commission under Section 2108.038.]
13-10 [(c) If increased productivity attributable to an
13-11 implemented suggestion results in savings or increased revenues
13-12 that can be computed as provided by Section 2108.023(c) but that
13-13 will not permit the affected agency to transfer or to have an
13-14 unexpended balance of appropriated money, the commission and the
13-15 affected agency shall certify the amount of actual or projected
13-16 savings or increased revenues that are attributable to the
13-17 suggestion, and the comptroller shall transfer 20 percent of that
13-18 amount from a fund affected by the savings or increased revenues to
13-19 the special fund established under Section 2108.038.]
13-20 SECTION 13. Section 2108.038, Government Code, and
13-21 Subchapter C, Chapter 2108, Government Code, are repealed.
13-22 SECTION 14. (a) This Act takes effect September 1, 1999.
13-23 (b) As soon as possible after the effective date of this
13-24 Act, the governor shall designate:
13-25 (1) a state agency with fewer than 1,000 full-time
13-26 employees whose chief administrative officer shall serve on the
13-27 Texas Incentive and Productivity Commission for a term expiring
14-1 February 1, 2000; and
14-2 (2) a state agency with 1,000 or more full-time
14-3 employees whose chief administrative officer shall serve on the
14-4 Texas Incentive and Productivity Commission for a term expiring
14-5 February 1, 2001.
14-6 (c) The productivity bonus program is abolished, except that
14-7 the provisions regarding the productivity bonus program, Subchapter
14-8 C, Chapter 2108, Government Code, as those provisions existed
14-9 before their repeal, continue to exist for purposes of awarding
14-10 bonuses for which application is made in accordance with Section
14-11 2108.103, Government Code, before or on August 1, 1999.
14-12 SECTION 15. The importance of this legislation and the
14-13 crowded condition of the calendars in both houses create an
14-14 emergency and an imperative public necessity that the
14-15 constitutional rule requiring bills to be read on three several
14-16 days in each house be suspended, and this rule is hereby suspended.