1-1 By: Harris S.B. No. 355
1-2 (In the Senate - Filed February 5, 1999; February 9, 1999,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 8, 1999, reported favorably by the following vote: Yeas 7,
1-5 Nays 0; March 8, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the continuation and functions of the Texas Incentive
1-9 and Productivity Commission.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 2108.003, Government Code, is amended by
1-12 amending Subsections (a) and (d) and adding Subsection (e) to read
1-13 as follows:
1-14 (a) The commission is composed of:
1-15 (1) the governor;
1-16 (2) the lieutenant governor;
1-17 (3) the comptroller;
1-18 (4) the chief administrative officer of a state
1-19 agency, designated by the governor, that employs fewer than 1,000
1-20 full-time employees;
1-21 (5) the chief administrative officer of a state
1-22 agency, designated by the governor, that employs 1,000 or more
1-23 full-time employees [agency administrator of the Texas Employment
1-24 Commission];
1-25 (6) [(5)] the chairman of the Texas Higher Education
1-26 Coordinating Board or the chairman's designee; and
1-27 (7) [(6)] three public members appointed by the
1-28 governor who have experience in the administration of bonus,
1-29 incentive, or related programs used in private industry.
1-30 (d) The chief administrative officers of the agencies
1-31 designated by the governor serve a two-year term on the commission,
1-32 with the term of one designated agency's chief administrative
1-33 officer expiring February 1 of each even-numbered year and the term
1-34 of the other designated agency's chief administrative officer
1-35 expiring February 1 of each odd-numbered year. Public members
1-36 serve a two-year term, with the term of one member expiring
1-37 February 1 of each even-numbered year and the term of two members
1-38 expiring February 1 of each odd-numbered year.
1-39 (e) Appointments to the commission shall be made without
1-40 regard to the race, color, disability, sex, religion, age, or
1-41 national origin of the appointees.
1-42 SECTION 2. Subchapter A, Chapter 2108, Government Code, is
1-43 amended by adding Sections 2108.0035 and 2108.0036 to read as
1-44 follows:
1-45 Sec. 2108.0035. ELIGIBILITY FOR COMMISSION MEMBERSHIP OR
1-46 EMPLOYMENT. (a) In this section, "Texas trade association" means
1-47 a cooperative and voluntarily joined association of business or
1-48 professional competitors in this state designed to assist its
1-49 members and its industry or profession in dealing with mutual
1-50 business or professional problems and in promoting their common
1-51 interest.
1-52 (b) A person may not be a public member of the commission
1-53 and may not be a commission employee employed in a "bona fide
1-54 executive, administrative, or professional capacity," as that
1-55 phrase is used for purposes of establishing an exemption to the
1-56 overtime provisions of the federal Fair Labor Standards Act of 1938
1-57 (29 U.S.C. Section 201 et seq.) and its subsequent amendments, if:
1-58 (1) the person is an officer, employee, or paid
1-59 consultant of a Texas trade association in the field of the
1-60 administration of bonus, incentive, or related programs used in
1-61 private industry; or
1-62 (2) the person's spouse is an officer, manager, or
1-63 paid consultant of a Texas trade association in the field of the
1-64 administration of bonus, incentive, or related programs used in
2-1 private industry.
2-2 (c) A person may not be a public member of the commission or
2-3 act as general counsel to the commission if the person is required
2-4 to register as a lobbyist under Chapter 305 because of the person's
2-5 activities for compensation on behalf of a profession related to
2-6 the operation of the commission.
2-7 Sec. 2108.0036. REMOVAL OF MEMBER. (a) It is a ground for
2-8 removal from the commission if a public member:
2-9 (1) does not have at the time of taking office the
2-10 qualifications required by Section 2108.003;
2-11 (2) does not maintain during service on the commission
2-12 the qualifications required by Section 2108.003;
2-13 (3) is ineligible for membership under Section
2-14 2108.0035;
2-15 (4) cannot, because of illness or disability,
2-16 discharge the member's duties for a substantial part of the
2-17 member's term; or
2-18 (5) is absent from more than half of the regularly
2-19 scheduled commission meetings that the member is eligible to attend
2-20 during a calendar year unless the absence is excused by a majority
2-21 vote of the commission.
2-22 (b) The validity of an action of the commission is not
2-23 affected by the fact that it is taken when a ground for removal of
2-24 a commission member exists.
2-25 (c) If the executive director of the commission has
2-26 knowledge that a potential ground for removal exists, the executive
2-27 director shall notify the presiding officer of the commission of
2-28 the potential ground. The presiding officer shall then notify the
2-29 governor and the attorney general that a potential ground for
2-30 removal exists. If the potential ground for removal involves the
2-31 presiding officer, the executive director shall notify the next
2-32 highest ranking officer of the commission, who shall then notify
2-33 the governor and the attorney general that a potential ground for
2-34 removal exists.
2-35 SECTION 3. Section 2108.005, Government Code, is amended to
2-36 read as follows:
2-37 Sec. 2108.005. EXECUTIVE DIRECTOR; STAFF. [(a)] The
2-38 commission may hire an executive director and other staff necessary
2-39 to perform its functions.
2-40 [(b) The commission may designate separate division
2-41 directors to oversee the administration of the state employee
2-42 incentive program under Subchapter B and the productivity bonus
2-43 program under Subchapter C.]
2-44 SECTION 4. Section 2108.007, Government Code, is amended to
2-45 read as follows:
2-46 Sec. 2108.007. APPLICATION OF SUNSET ACT. The Texas
2-47 Incentive and Productivity Commission is subject to Chapter 325
2-48 (Texas Sunset Act). Unless continued in existence as provided by
2-49 that chapter, the commission is abolished and this chapter expires
2-50 September 1, 2003 [1999].
2-51 SECTION 5. Subchapter A, Chapter 2108, Government Code, is
2-52 amended by adding Sections 2108.008 through 2108.012 to read as
2-53 follows:
2-54 Sec. 2108.008. PERSONNEL MATTERS. (a) The executive
2-55 director or the executive director's designee shall provide to
2-56 members of the commission and to agency employees, as often as
2-57 necessary, information regarding the requirements for office or
2-58 employment under this chapter, including information regarding a
2-59 person's responsibilities under applicable laws relating to
2-60 standards of conduct for state officers or employees.
2-61 (b) The commission shall develop and implement policies that
2-62 clearly separate the policymaking responsibilities of the
2-63 commission and the management responsibilities of the executive
2-64 director and the staff of the commission.
2-65 Sec. 2108.009. EQUAL EMPLOYMENT OPPORTUNITY POLICY
2-66 STATEMENT. (a) The executive director or the executive director's
2-67 designee shall prepare and maintain a written policy statement that
2-68 implements a program of equal employment opportunity to ensure that
2-69 all personnel decisions are made without regard to race, color,
3-1 disability, sex, religion, age, or national origin.
3-2 (b) The policy statement must include:
3-3 (1) personnel policies, including policies relating to
3-4 recruitment, evaluation, selection, training, and promotion of
3-5 personnel, that show the intent of the commission to avoid the
3-6 unlawful employment practices described by Chapter 21, Labor Code;
3-7 and
3-8 (2) an analysis of the extent to which the composition
3-9 of the commission's personnel is in accordance with state and
3-10 federal law and a description of reasonable methods to achieve
3-11 compliance with state and federal law.
3-12 (c) The policy statement must:
3-13 (1) be updated annually;
3-14 (2) be reviewed by the Texas Commission on Human
3-15 Rights for compliance with Subsection (b)(1); and
3-16 (3) be filed with the governor's office.
3-17 Sec. 2108.010. PUBLIC TESTIMONY. The commission shall
3-18 develop and implement policies that provide the public with a
3-19 reasonable opportunity to appear before the commission and to speak
3-20 on any issue under the jurisdiction of the commission.
3-21 Sec. 2108.011. COMPLAINTS. (a) The commission shall
3-22 maintain a file on each written complaint filed with the
3-23 commission. The file must include:
3-24 (1) the name of the person who filed the complaint;
3-25 (2) the date the complaint is received by the
3-26 commission;
3-27 (3) the subject matter of the complaint;
3-28 (4) the name of each person contacted in relation to
3-29 the complaint;
3-30 (5) a summary of the results of the review or the
3-31 investigation of the complaint; and
3-32 (6) an explanation of the reason the file was closed,
3-33 if the agency closed the file without taking action other than to
3-34 investigate the complaint.
3-35 (b) The commission shall provide to the person filing the
3-36 complaint and to each person who is a subject of the complaint a
3-37 copy of the commission's policies and procedures relating to
3-38 complaint investigation and resolution.
3-39 (c) The commission, at least quarterly until final
3-40 disposition of the complaint, shall notify the person filing the
3-41 complaint and each person who is a subject of the complaint of the
3-42 status of the complaint unless the notice would jeopardize an
3-43 undercover investigation.
3-44 Sec. 2108.012. TRAINING. (a) A person who is appointed to
3-45 and qualifies for office as a public member of the commission may
3-46 not vote, deliberate, or be counted as a member in attendance at a
3-47 meeting of the commission until the person completes a training
3-48 program that complies with this section.
3-49 (b) The training program must provide the person with
3-50 information regarding:
3-51 (1) the legislation that created the commission;
3-52 (2) the programs operated by the commission;
3-53 (3) the role and the functions of the commission;
3-54 (4) the rules of the commission with an emphasis on
3-55 the rules that relate to disciplinary and investigatory authority;
3-56 (5) the current budget for the commission;
3-57 (6) the results of the most recent formal audit of the
3-58 commission;
3-59 (7) the requirements of:
3-60 (A) the open meetings law, Chapter 551;
3-61 (B) the public information law, Chapter 552;
3-62 (C) the administrative procedure law, Chapter
3-63 2001; and
3-64 (D) other laws relating to public officials,
3-65 including conflict of interest laws; and
3-66 (8) any applicable ethics policies adopted by the
3-67 commission or the Texas Ethics Commission.
3-68 (c) A person appointed to the commission is entitled to
3-69 reimbursement, as provided by the General Appropriations Act, for
4-1 the travel expenses incurred in attending the training program
4-2 regardless of whether the attendance at the program occurs before
4-3 or after the person qualifies for office.
4-4 SECTION 6. Section 2108.021, Government Code, is amended by
4-5 adding Subdivision (8) to read as follows:
4-6 (8) "State employee group" means a group of four or
4-7 more state employees employed by the same state agency.
4-8 SECTION 7. Subsections (a), (b), and (c), Section 2108.023,
4-9 Government Code, are amended to read as follows:
4-10 (a) The [From funds appropriated or otherwise available for
4-11 this purpose, the] commission may grant an award to an eligible
4-12 state employee who makes a suggestion that:
4-13 (1) reduces state expenditures, increases state
4-14 revenues, increases agency productivity, or improves the quality of
4-15 state services; and
4-16 (2) is approved and implemented.
4-17 (b) The commission may grant an award[, and the comptroller
4-18 may transfer funds under this subchapter,] before the end of the
4-19 first year in which a suggestion is implemented.
4-20 (c) An award [or transfer of funds] must be computed on the
4-21 net annual actual or projected savings or increased revenues,
4-22 including savings or increased revenues that result from increased
4-23 productivity, that are certified by the affected state agency and
4-24 the commission.
4-25 SECTION 8. Subchapter B, Chapter 2108, Government Code, is
4-26 amended by adding Sections 2108.0235 and 2108.0236 to read as
4-27 follows:
4-28 Sec. 2108.0235. RECOGNITION AWARD. (a) From funds
4-29 appropriated or otherwise available for this purpose, the
4-30 commission may grant a recognition award in the amount of $50 to an
4-31 eligible state employee who makes a suggestion that:
4-32 (1) relates to a state agency and:
4-33 (A) conserves energy;
4-34 (B) enhances safety;
4-35 (C) improves customer service; or
4-36 (D) results in the adoption of any other
4-37 innovation or improvement that is approved by the commission; and
4-38 (2) is not otherwise eligible for a bonus under
4-39 Section 2108.023.
4-40 (b) An award under this section must be approved by members
4-41 of the commission. The staff of the commission may not approve an
4-42 award under this section.
4-43 (c) The commission may not grant more than 150 awards for
4-44 suggestions under this section each state fiscal year.
4-45 Sec. 2108.0236. STATE EMPLOYEE GROUPS. (a) A state
4-46 employee group each member of which is eligible under Section
4-47 2108.024 may submit a suggestion as a group. Except as provided by
4-48 this section, each provision in this subchapter that applies to a
4-49 state employee or a state employee suggestion applies, as
4-50 appropriate, to a state employee group, each member of a state
4-51 employee group, or a suggestion submitted by a state employee
4-52 group.
4-53 (b) A state employee group is eligible for a total bonus of
4-54 10 percent of the first-year net savings or revenue increases, not
4-55 to exceed an award of $5,000 for each member of the state employee
4-56 group, if the state employee group's suggestion results in savings
4-57 or increased revenues to a state agency, including savings or
4-58 increased revenues that result from increased productivity, that:
4-59 (1) can be computed using a cost-benefit analysis; and
4-60 (2) equal or exceed $100 after implementation costs.
4-61 (c) The commission shall divide any bonus for a suggestion
4-62 submitted by a state employee group equally among the members of
4-63 the group.
4-64 SECTION 9. Section 2108.024, Government Code, is amended to
4-65 read as follows:
4-66 Sec. 2108.024. EMPLOYEE ELIGIBILITY TO PARTICIPATE. Each
4-67 state employee is eligible to participate in the incentive program
4-68 except an employee:
4-69 (1) who has authority to implement the suggestion
5-1 being made;
5-2 (2) who is on an unpaid leave of absence;
5-3 (3) whose job description includes responsibility for
5-4 cost analysis, efficiency analysis, savings implementation, or
5-5 other similar programs in the employee's agency;
5-6 (4) who is involved in or has access to agency
5-7 research and development information used as the basis of the
5-8 suggestion; [or]
5-9 (5) whose job description or routine job duties
5-10 include developing the type of change in agency operations
5-11 recommended by the suggestion; or
5-12 (6) who is an employee of the commission.
5-13 SECTION 10. Subsection (b), Section 2108.026, Government
5-14 Code, is amended to read as follows:
5-15 (b) An employee is not eligible to receive an award under
5-16 this subchapter for a suggestion that:
5-17 (1) does not describe a method to achieve the desired
5-18 savings or benefit;
5-19 (2) proposes an idea under implementation or
5-20 consideration on the date the suggestion is given to the agency;
5-21 (3) relates only to personnel matters or grievances,
5-22 including employee classification or compensation;
5-23 (4) proposes a correction for a condition that
5-24 resulted only because applicable established procedures were not
5-25 properly followed; [or]
5-26 (5) proposes implementation of a policy or procedure
5-27 that the employee's agency adopted before the employee made the
5-28 suggestion to the agency; or
5-29 (6) proposes an idea that involves delayed hiring of
5-30 employees by the agency.
5-31 SECTION 11. Section 2108.027, Government Code, is amended to
5-32 read as follows:
5-33 Sec. 2108.027. MULTIPLE AND JOINT SUGGESTIONS. (a) If two
5-34 or more employees or two or more state employee groups submit the
5-35 same suggestion relating to the same agency, the first suggestion
5-36 that the agency coordinator receives is eligible for consideration.
5-37 (b) If the same suggestion is received on the same day from
5-38 two or more employees individually and the employees work [working]
5-39 at different locations, a bonus granted for the suggestion may be
5-40 divided equally among the employees.
5-41 (c) Two or three [more] employees may submit a joint
5-42 suggestion. A bonus granted for the suggestion may be divided
5-43 equally among the employees.
5-44 SECTION 12. Section 2108.037, Government Code, is amended to
5-45 read as follows:
5-46 Sec. 2108.037. RETENTION OF FUNDS [TRANSFER]. (a) The
5-47 [comptroller shall transfer the amount certified by the] commission
5-48 and the affected agency shall certify to the comptroller the amount
5-49 of [as] the actual or projected savings or increased revenues
5-50 attributable to an implemented suggestion [from a fund affected by
5-51 the savings or increased revenues].
5-52 (b) The affected agency shall retain the amount of the
5-53 actual or projected savings or increased revenues attributable to
5-54 an implemented suggestion, to the extent that the savings comes
5-55 from funds appropriated to the affected agency. A portion of the
5-56 savings or revenues shall be used by the affected agency to pay
5-57 bonuses awarded by the commission under this subchapter. [The
5-58 comptroller shall transfer the amount certified under Subsection
5-59 (a) as follows:]
5-60 [(1) 40 percent to the fund from which the original
5-61 appropriation to the affected fund was made;]
5-62 [(2) 40 percent to an appropriate fund from which the
5-63 affected agency may award merit pay increases to individuals in the
5-64 agency; and]
5-65 [(3) 20 percent to the special fund established for
5-66 the commission under Section 2108.038.]
5-67 [(c) If increased productivity attributable to an
5-68 implemented suggestion results in savings or increased revenues
5-69 that can be computed as provided by Section 2108.023(c) but that
6-1 will not permit the affected agency to transfer or to have an
6-2 unexpended balance of appropriated money, the commission and the
6-3 affected agency shall certify the amount of actual or projected
6-4 savings or increased revenues that are attributable to the
6-5 suggestion, and the comptroller shall transfer 20 percent of that
6-6 amount from a fund affected by the savings or increased revenues to
6-7 the special fund established under Section 2108.038.]
6-8 SECTION 13. Section 2108.038, Government Code, and
6-9 Subchapter C, Chapter 2108, Government Code, are repealed.
6-10 SECTION 14. (a) This Act takes effect September 1, 1999.
6-11 (b) As soon as possible after the effective date of this
6-12 Act, the governor shall designate:
6-13 (1) a state agency with fewer than 1,000 full-time
6-14 employees whose chief administrative officer shall serve on the
6-15 Texas Incentive and Productivity Commission for a term expiring
6-16 February 1, 2000; and
6-17 (2) a state agency with 1,000 or more full-time
6-18 employees whose chief administrative officer shall serve on the
6-19 Texas Incentive and Productivity Commission for a term expiring
6-20 February 1, 2001.
6-21 (c) The productivity bonus program is abolished, except that
6-22 the provisions regarding the productivity bonus program, Subchapter
6-23 C, Chapter 2108, Government Code, as those provisions existed
6-24 before their repeal, continue to exist for purposes of awarding
6-25 bonuses for which application is made in accordance with Section
6-26 2108.103, Government Code, before or on August 1, 1999.
6-27 SECTION 15. The importance of this legislation and the
6-28 crowded condition of the calendars in both houses create an
6-29 emergency and an imperative public necessity that the
6-30 constitutional rule requiring bills to be read on three several
6-31 days in each house be suspended, and this rule is hereby suspended.
6-32 * * * * *