By: Harris S.B. No. 355
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the continuation and functions of the Texas Incentive
1-2 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 Subsections (a) and (d) and adding Subsection (e) 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) the chief administrative officer of a state
1-12 agency, designated by the governor, that employs fewer than 1,000
1-13 full-time employees;
1-14 (5) the chief administrative officer of a state
1-15 agency, designated by the governor, that employs 1,000 or more
1-16 full-time employees [agency administrator of the Texas Employment
1-17 Commission];
1-18 (6) [(5)] the chairman of the Texas Higher Education
1-19 Coordinating Board or the chairman's designee; and
1-20 (7) [(6)] three public members appointed by the
1-21 governor who have experience in the administration of bonus,
1-22 incentive, or related programs used in private industry.
1-23 (d) The chief administrative officers of the agencies
1-24 designated by the governor serve a two-year term on the commission,
2-1 with the term of one designated agency's chief administrative
2-2 officer expiring February 1 of each even-numbered year and the term
2-3 of the other designated agency's chief administrative officer
2-4 expiring February 1 of each odd-numbered year. Public members
2-5 serve a two-year term, with the term of one member expiring
2-6 February 1 of each even-numbered year and the term of two members
2-7 expiring February 1 of each odd-numbered year.
2-8 (e) Appointments to the commission shall be made without
2-9 regard to the race, color, disability, sex, religion, age, or
2-10 national origin of the appointees.
2-11 SECTION 2. Subchapter A, Chapter 2108, Government Code, is
2-12 amended by adding Sections 2108.0035 and 2108.0036 to read as
2-13 follows:
2-14 Sec. 2108.0035. ELIGIBILITY FOR COMMISSION MEMBERSHIP OR
2-15 EMPLOYMENT. (a) In this section, "Texas trade association" means
2-16 a cooperative and voluntarily joined association of business or
2-17 professional competitors in this state designed to assist its
2-18 members and its industry or profession in dealing with mutual
2-19 business or professional problems and in promoting their common
2-20 interest.
2-21 (b) A person may not be a public member of the commission
2-22 and may not be a commission employee employed in a "bona fide
2-23 executive, administrative, or professional capacity," as that
2-24 phrase is used for purposes of establishing an exemption to the
2-25 overtime provisions of the federal Fair Labor Standards Act of 1938
2-26 (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
4-1 during a calendar year unless the absence is excused by a majority
4-2 vote of the commission.
4-3 (b) The validity of an action of the commission is not
4-4 affected by the fact that it is taken when a ground for removal of
4-5 a commission member exists.
4-6 (c) If the executive director of the commission has
4-7 knowledge that a potential ground for removal exists, the executive
4-8 director shall notify the presiding officer of the commission of
4-9 the potential ground. The presiding officer shall then notify the
4-10 governor and the attorney general that a potential ground for
4-11 removal exists. If the potential ground for removal involves the
4-12 presiding officer, the executive director shall notify the next
4-13 highest ranking officer of the commission, who shall then notify
4-14 the governor and the attorney general that a potential ground for
4-15 removal exists.
4-16 SECTION 3. Section 2108.005, Government Code, is amended to
4-17 read as follows:
4-18 Sec. 2108.005. EXECUTIVE DIRECTOR; STAFF. [(a)] The
4-19 commission may hire an executive director and other staff necessary
4-20 to perform its functions.
4-21 [(b) The commission may designate separate division
4-22 directors to oversee the administration of the state employee
4-23 incentive program under Subchapter B and the productivity bonus
4-24 program under Subchapter C.]
4-25 SECTION 4. Section 2108.007, Government Code, is amended to
4-26 read as follows:
5-1 Sec. 2108.007. APPLICATION OF SUNSET ACT. The Texas
5-2 Incentive and Productivity Commission is subject to Chapter 325
5-3 (Texas Sunset Act). Unless continued in existence as provided by
5-4 that chapter, the commission is abolished and this chapter expires
5-5 September 1, 2003 [1999].
5-6 SECTION 5. Subchapter A, Chapter 2108, Government Code, is
5-7 amended by adding Sections 2108.008 through 2108.012 to read as
5-8 follows:
5-9 Sec. 2108.008. PERSONNEL MATTERS. (a) The executive
5-10 director or the executive director's designee shall provide to
5-11 members of the commission and to agency employees, as often as
5-12 necessary, information regarding the requirements for office or
5-13 employment under this chapter, including information regarding a
5-14 person's responsibilities under applicable laws relating to
5-15 standards of conduct for state officers or employees.
5-16 (b) The commission shall develop and implement policies that
5-17 clearly separate the policymaking responsibilities of the
5-18 commission and the management responsibilities of the executive
5-19 director and the staff of the commission.
5-20 Sec. 2108.009. EQUAL EMPLOYMENT OPPORTUNITY POLICY
5-21 STATEMENT. (a) The executive director or the executive director's
5-22 designee shall prepare and maintain a written policy statement that
5-23 implements a program of equal employment opportunity to ensure that
5-24 all personnel decisions are made without regard to race, color,
5-25 disability, sex, religion, age, or national origin.
5-26 (b) The policy statement must include:
6-1 (1) personnel policies, including policies relating to
6-2 recruitment, evaluation, selection, training, and promotion of
6-3 personnel, that show the intent of the commission to avoid the
6-4 unlawful employment practices described by Chapter 21, Labor Code;
6-5 and
6-6 (2) an analysis of the extent to which the composition
6-7 of the commission's personnel is in accordance with state and
6-8 federal law and a description of reasonable methods to achieve
6-9 compliance with state and federal law.
6-10 (c) The policy statement must:
6-11 (1) be updated annually;
6-12 (2) be reviewed by the Texas Commission on Human
6-13 Rights for compliance with Subsection (b)(1); and
6-14 (3) be filed with the governor's office.
6-15 Sec. 2108.010. PUBLIC TESTIMONY. The commission shall
6-16 develop and implement policies that provide the public with a
6-17 reasonable opportunity to appear before the commission and to speak
6-18 on any issue under the jurisdiction of the commission.
6-19 Sec. 2108.011. COMPLAINTS. (a) The commission shall
6-20 maintain a file on each written complaint filed with the
6-21 commission. The file must include:
6-22 (1) the name of the person who filed the complaint;
6-23 (2) the date the complaint is received by the
6-24 commission;
6-25 (3) the subject matter of the complaint;
6-26 (4) the name of each person contacted in relation to
7-1 the complaint;
7-2 (5) a summary of the results of the review or the
7-3 investigation of the complaint; and
7-4 (6) an explanation of the reason the file was closed,
7-5 if the agency closed the file without taking action other than to
7-6 investigate the complaint.
7-7 (b) The commission shall provide to the person filing the
7-8 complaint and to each person who is a subject of the complaint a
7-9 copy of the commission's policies and procedures relating to
7-10 complaint investigation and resolution.
7-11 (c) The commission, at least quarterly until final
7-12 disposition of the complaint, shall notify the person filing the
7-13 complaint and each person who is a subject of the complaint of the
7-14 status of the complaint unless the notice would jeopardize an
7-15 undercover investigation.
7-16 Sec. 2108.012. TRAINING. (a) A person who is appointed to
7-17 and qualifies for office as a public member of the commission may
7-18 not vote, deliberate, or be counted as a member in attendance at a
7-19 meeting of the commission until the person completes a training
7-20 program that complies with this section.
7-21 (b) The training program must provide the person with
7-22 information regarding:
7-23 (1) the legislation that created the commission;
7-24 (2) the programs operated by the commission;
7-25 (3) the role and the functions of the commission;
7-26 (4) the rules of the commission with an emphasis on
8-1 the rules that relate to disciplinary and investigatory authority;
8-2 (5) the current budget for the commission;
8-3 (6) the results of the most recent formal audit of the
8-4 commission;
8-5 (7) the requirements of:
8-6 (A) the open meetings law, Chapter 551;
8-7 (B) the public information law, Chapter 552;
8-8 (C) the administrative procedure law, Chapter
8-9 2001; and
8-10 (D) other laws relating to public officials,
8-11 including conflict of interest laws; and
8-12 (8) any applicable ethics policies adopted by the
8-13 commission or the Texas Ethics Commission.
8-14 (c) A person appointed to the commission is entitled to
8-15 reimbursement, as provided by the General Appropriations Act, for
8-16 the travel expenses incurred in attending the training program
8-17 regardless of whether the attendance at the program occurs before
8-18 or after the person qualifies for office.
8-19 SECTION 6. Section 2108.021, Government Code, is amended by
8-20 adding Subdivision (8) to read as follows:
8-21 (8) "State employee group" means a group of four or
8-22 more state employees employed by the same state agency.
8-23 SECTION 7. Subsections (a), (b), and (c), Section 2108.023,
8-24 Government Code, are amended to read as follows:
8-25 (a) The [From funds appropriated or otherwise available for
8-26 this purpose, the] commission may grant an award to an eligible
9-1 state employee who makes a suggestion that:
9-2 (1) reduces state expenditures, increases state
9-3 revenues, increases agency productivity, or improves the quality of
9-4 state services; and
9-5 (2) is approved and implemented.
9-6 (b) The commission may grant an award[, and the comptroller
9-7 may transfer funds under this subchapter,] before the end of the
9-8 first year in which a suggestion is implemented.
9-9 (c) An award [or transfer of funds] must be computed on the
9-10 net annual actual or projected savings or increased revenues,
9-11 including savings or increased revenues that result from increased
9-12 productivity, that are certified by the affected state agency and
9-13 the commission.
9-14 SECTION 8. Subchapter B, Chapter 2108, Government Code, is
9-15 amended by adding Sections 2108.0235 and 2108.0236 to read as
9-16 follows:
9-17 Sec. 2108.0235. RECOGNITION AWARD. (a) From funds
9-18 appropriated or otherwise available for this purpose, the
9-19 commission may grant a recognition award in the amount of $50 to an
9-20 eligible state employee who makes a suggestion that:
9-21 (1) relates to a state agency and:
9-22 (A) conserves energy;
9-23 (B) enhances safety;
9-24 (C) improves customer service; or
9-25 (D) results in the adoption of any other
9-26 innovation or improvement that is approved by the commission; and
10-1 (2) is not otherwise eligible for a bonus under
10-2 Section 2108.023.
10-3 (b) An award under this section must be approved by members
10-4 of the commission. The staff of the commission may not approve an
10-5 award under this section.
10-6 (c) The commission may not grant more than 150 awards for
10-7 suggestions under this section each state fiscal year.
10-8 Sec. 2108.0236. STATE EMPLOYEE GROUPS. (a) A state
10-9 employee group each member of which is eligible under Section
10-10 2108.024 may submit a suggestion as a group. Except as provided by
10-11 this section, each provision in this subchapter that applies to a
10-12 state employee or a state employee suggestion applies, as
10-13 appropriate, to a state employee group, each member of a state
10-14 employee group, or a suggestion submitted by a state employee
10-15 group.
10-16 (b) A state employee group is eligible for a total bonus of
10-17 10 percent of the first-year net savings or revenue increases, not
10-18 to exceed an award of $5,000 for each member of the state employee
10-19 group, if the state employee group's suggestion results in savings
10-20 or increased revenues to a state agency, including savings or
10-21 increased revenues that result from increased productivity, that:
10-22 (1) can be computed using a cost-benefit analysis; and
10-23 (2) equal or exceed $100 after implementation costs.
10-24 (c) The commission shall divide any bonus for a suggestion
10-25 submitted by a state employee group equally among the members of
10-26 the group.
11-1 SECTION 9. Section 2108.024, Government Code, is amended to
11-2 read as follows:
11-3 Sec. 2108.024. EMPLOYEE ELIGIBILITY TO PARTICIPATE. Each
11-4 state employee is eligible to participate in the incentive program
11-5 except an employee:
11-6 (1) who has authority to implement the suggestion
11-7 being made;
11-8 (2) who is on an unpaid leave of absence;
11-9 (3) whose job description includes responsibility for
11-10 cost analysis, efficiency analysis, savings implementation, or
11-11 other similar programs in the employee's agency;
11-12 (4) who is involved in or has access to agency
11-13 research and development information used as the basis of the
11-14 suggestion; [or]
11-15 (5) whose job description or routine job duties
11-16 include developing the type of change in agency operations
11-17 recommended by the suggestion; or
11-18 (6) who is an employee of the commission.
11-19 SECTION 10. Subsection (b), Section 2108.026, Government
11-20 Code, is amended to read as follows:
11-21 (b) An employee is not eligible to receive an award under
11-22 this subchapter for a suggestion that:
11-23 (1) does not describe a method to achieve the desired
11-24 savings or benefit;
11-25 (2) proposes an idea under implementation or
11-26 consideration on the date the suggestion is given to the agency;
12-1 (3) relates only to personnel matters or grievances,
12-2 including employee classification or compensation;
12-3 (4) proposes a correction for a condition that
12-4 resulted only because applicable established procedures were not
12-5 properly followed; [or]
12-6 (5) proposes implementation of a policy or procedure
12-7 that the employee's agency adopted before the employee made the
12-8 suggestion to the agency; or
12-9 (6) proposes an idea that involves delayed hiring of
12-10 employees by the agency.
12-11 SECTION 11. Section 2108.027, Government Code, is amended to
12-12 read as follows:
12-13 Sec. 2108.027. MULTIPLE AND JOINT SUGGESTIONS. (a) If two
12-14 or more employees or two or more state employee groups submit the
12-15 same suggestion relating to the same agency, the first suggestion
12-16 that the agency coordinator receives is eligible for consideration.
12-17 (b) If the same suggestion is received on the same day from
12-18 two or more employees individually and the employees work [working]
12-19 at different locations, a bonus granted for the suggestion may be
12-20 divided equally among the employees.
12-21 (c) Two or three [more] employees may submit a joint
12-22 suggestion. A bonus granted for the suggestion may be divided
12-23 equally among the employees.
12-24 SECTION 12. Section 2108.037, Government Code, is amended to
12-25 read as follows:
12-26 Sec. 2108.037. RETENTION OF FUNDS [TRANSFER]. (a) The
13-1 [comptroller shall transfer the amount certified by the] commission
13-2 and the affected agency shall certify to the comptroller the amount
13-3 of [as] the actual or projected savings or increased revenues
13-4 attributable to an implemented suggestion [from a fund affected by
13-5 the savings or increased revenues].
13-6 (b) The affected agency shall retain the amount of the
13-7 actual or projected savings or increased revenues attributable to
13-8 an implemented suggestion, to the extent that the savings comes
13-9 from funds appropriated to the affected agency. A portion of the
13-10 savings or revenues shall be used by the affected agency to pay
13-11 bonuses awarded by the commission under this subchapter. [The
13-12 comptroller shall transfer the amount certified under Subsection
13-13 (a) as follows:]
13-14 [(1) 40 percent to the fund from which the original
13-15 appropriation to the affected fund was made;]
13-16 [(2) 40 percent to an appropriate fund from which the
13-17 affected agency may award merit pay increases to individuals in the
13-18 agency; and]
13-19 [(3) 20 percent to the special fund established for
13-20 the commission under Section 2108.038.]
13-21 [(c) If increased productivity attributable to an
13-22 implemented suggestion results in savings or increased revenues
13-23 that can be computed as provided by Section 2108.023(c) but that
13-24 will not permit the affected agency to transfer or to have an
13-25 unexpended balance of appropriated money, the commission and the
13-26 affected agency shall certify the amount of actual or projected
14-1 savings or increased revenues that are attributable to the
14-2 suggestion, and the comptroller shall transfer 20 percent of that
14-3 amount from a fund affected by the savings or increased revenues to
14-4 the special fund established under Section 2108.038.]
14-5 SECTION 13. Section 2108.038, Government Code, and
14-6 Subchapter C, Chapter 2108, Government Code, are repealed.
14-7 SECTION 14. (a) This Act takes effect September 1, 1999.
14-8 (b) As soon as possible after the effective date of this
14-9 Act, the governor shall designate:
14-10 (1) a state agency with fewer than 1,000 full-time
14-11 employees whose chief administrative officer shall serve on the
14-12 Texas Incentive and Productivity Commission for a term expiring
14-13 February 1, 2000; and
14-14 (2) a state agency with 1,000 or more full-time
14-15 employees whose chief administrative officer shall serve on the
14-16 Texas Incentive and Productivity Commission for a term expiring
14-17 February 1, 2001.
14-18 (c) The productivity bonus program is abolished, except that
14-19 the provisions regarding the productivity bonus program, Subchapter
14-20 C, Chapter 2108, Government Code, as those provisions existed
14-21 before their repeal, continue to exist for purposes of awarding
14-22 bonuses for which application is made in accordance with Section
14-23 2108.103, Government Code, before or on August 1, 1999.
14-24 SECTION 15. The importance of this legislation and the
14-25 crowded condition of the calendars in both houses create an
14-26 emergency and an imperative public necessity that the
15-1 constitutional rule requiring bills to be read on three several
15-2 days in each house be suspended, and this rule is hereby suspended.