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By: Williams S.B. No. 1573
(In the Senate - Filed March 11, 2005; March 22, 2005, read
first time and referred to Committee on Government Organization;
April 13, 2005, reported favorably by the following vote: Yeas 5,
Nays 0; April 13, 2005, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the state employee incentive program, including
abolishing the Texas Incentive and Productivity Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2108.021, Government Code, is renumbered
as Section 2108.001, Government Code, and amended to read as
follows:
Sec. 2108.001 [2108.021]. DEFINITIONS. In this chapter
[subchapter]:
(1) "Agency coordinator" means a state employee who is
designated by the administrative head [executive director] of the
employee's agency to oversee a program the [act as the liaison
between that] agency adopts under this chapter [and the
commission].
(2) "Award" means any item used in recognition of a
state employee who submits a suggestion under this chapter [a bonus
or certificate of appreciation].
(3) "Cash award" ["Bonus"] means a monetary award that
is granted to a state employee in recognition of [payment for] an
employee suggestion.
(4) "Certificate of appreciation" means a nonmonetary
award that is granted to a state employee in recognition of an
employee suggestion.
(5) "Incentive program" means a [the] state employee
incentive program authorized under this chapter.
(6) "State agency" means a department, commission,
board, office, or other agency in the executive or judicial branch
of government that is created under the constitution or a statute of
this state.
(7) "State employee" means an employee of a state
agency and does not include an elected or appointed agency
official.
(8) "State employee group" means a group of two [four]
or more state employees employed by the same state agency.
SECTION 2. Section 2108.022, Government Code, is renumbered
as Section 2108.002, Government Code, and amended to read as
follows:
Sec. 2108.002 [2108.022]. STATE EMPLOYEE INCENTIVE
PROGRAM.
(a) A state agency may adopt a state employee incentive
program consistent with this chapter.
(b) The purposes of the [state employee] incentive program
are to:
(1) reduce state expenditures, increase state
revenues, and improve the quality of state services; and
(2) recognize the contributions made by certain state
employees in achieving the purposes of this chapter [goals
described in Subdivision (1)].
(c) A state agency that adopts an incentive program shall
develop written policies, procedures, and record-keeping measures
to administer the program in an equitable and consistent manner
that is consistent with this chapter. Such policies and procedures
shall address:
(1) situations in which similar but separate
suggestions are submitted by different state employees within a
certain time frame;
(2) the equitable distribution of awards among various
employees who submit a suggestion;
(3) whether a state employee who has submitted a
suggestion and who is later separated from employment with the
agency or who is deceased is eligible to receive an award under this
chapter;
(4) factors that will guide a determination of whether
a gift certificate, a certificate of appreciation, or other form of
recognition will be awarded instead of a cash award;
(5) whether decisions will be made administratively or
by the agency's governing body;
(6) whether and how a redetermination of an agency
decision will be permitted; and
(7) the number of years that will be used in computing
the amount of net annual savings or revenues a suggestion is
projected to create or has actually created.
(d) Suggestions and decisions shall be governed by the state
agency's policies, procedures, and criteria that are in effect at
the time the state employee submitted the suggestion.
(e) A state [(b) An] employee may be recognized
[compensated] for a suggestion under the incentive program only as
provided by this chapter [subchapter].
SECTION 3. Section 2108.023, Government Code, is renumbered
as Section 2108.003, Government Code, and amended to read as
follows:
Sec. 2108.003 [2108.023]. AWARDS. (a) A state agency [The
commission] may grant an award to an eligible state employee who
makes a suggestion that:
(1) reduces state expenditures, increases state
revenues, increases agency productivity, or improves the quality of
state services; [and]
(2) relates to the agency and:
(A) conserves energy;
(B) enhances safety;
(C) improves customer service; or
(D) results in the adoption of any other
innovation or improvement; and
(3) is approved and implemented.
(b) The state agency [commission] may grant an award during
or after [before the end of] the first year in which a suggestion is
implemented.
(c) The state agency [An award] must decide whether
recognition for a suggestion is warranted and must compute a cash
award, if appropriate, based [be computed] on the net [annual]
actual or projected savings or increased revenues, including
savings or increased revenues that:
(1) are realized during the period the suggestion
covers, with such period not to exceed the number of years the
agency determines by policy;
(2) result from increased productivity; and
(3) [, that] are certified by the affected state
agency [and the commission].
(d) The value of an award shall not exceed the lesser [An
employee is eligible for a bonus] of 10 percent of the net savings
or revenue increases or[, not to exceed an award of] $5,000. The
choice of award must be in accordance with state agency policy and
may consist of:
(1) a cash award;
(2) a gift certificate;
(3) a certificate of appreciation;
(4) administrative leave; or
(5) any other noncash award the state agency deems
appropriate[, if the employee's suggestion results in savings or
increased revenues, including savings or increased revenues that
result from increased productivity, that:
[(1) can be computed using a cost-benefit analysis;
and
[(2) equal or exceed $500 after implementation costs.
[(e) An employee is not eligible for a bonus but may be
recognized by a certificate of appreciation if the employee's
suggestion results in:
[(1) intangible savings or benefits that cannot be
computed using a cost-benefit analysis; or
[(2) a net annual savings or increase in revenues of
less than $500.
[(f) The commission may also issue a certificate of
appreciation to each employee who is granted a bonus under this
subchapter.
[(g) The commission shall divide any bonus for a suggestion
submitted by more than one employee among the employees submitting
it].
SECTION 4. Section 2108.0236, Government Code, is
renumbered as Section 2108.004, Government Code, and amended to
read as follows:
Sec. 2108.004 [2108.0236]. STATE EMPLOYEE GROUPS. (a) A
state employee group each member of which is eligible under Section
2108.005 [2108.024] may submit a suggestion as a group. Except as
provided by this section, each provision in this chapter
[subchapter] that applies to a state employee or a state employee
suggestion applies, as appropriate, to a state employee group[,
each member of a state employee group,] or a suggestion submitted by
a state employee group.
(b) A state employee group is eligible for a total cash
award [bonus] of 10 percent of the [first-year] net savings or
revenue increases, not to exceed an award of $5,000, with the cash
award to be shared by the members [for each member] of the [state
employee] group in accordance with state agency policy[, if the
state employee group's suggestion results in savings or increased
revenues to a state agency, including savings or increased revenues
that result from increased productivity, that:
[(1) can be computed using a cost-benefit analysis;
and
[(2) equal or exceed $500 after implementation costs.
[(c) The commission shall divide any bonus for a suggestion
submitted by a state employee group equally among the members of the
group].
SECTION 5. Section 2108.024, Government Code, is renumbered
as Section 2108.005, Government Code, and amended to read as
follows:
Sec. 2108.005 [2108.024]. EMPLOYEE ELIGIBILITY TO
PARTICIPATE. (a) Each [state] employee of a state agency that
adopts an incentive program under this chapter is eligible to
participate in the [incentive] program except an employee:
(1) who has authority to implement the suggestion
being made;
(2) who is on an unpaid leave of absence;
(3) whose job description includes responsibility for
cost analysis, efficiency analysis, savings implementation, or
other similar programs in the employee's agency;
(4) who is involved in or has access to agency research
and development information used as the basis of the suggestion;
(5) whose job description or routine job duties
include developing the type of change in agency operations
recommended by the suggestion; or
(6) [who is an employee of the commission; or
[(7)] who is an elected or appointed official.
(b) A state [An] employee who is temporarily assigned by the
employee's agency to a group that is established for the purpose of
developing process improvements in that agency is not ineligible
under Subsection (a)(1) or (5) to participate in the incentive
program solely because of the employee's participation in that
group.
(c) A state agency may adopt, by policy, other criteria
regarding eligibility to participate in the incentive program or
eligibility to receive an award under this chapter. Policies
adopted under this subsection must be consistent with the
eligibility provisions of this chapter.
SECTION 6. Section 2108.037, Government Code, is renumbered
as Section 2108.006, Government Code, and is amended to read as
follows:
Sec. 2108.006 [2108.037]. TRANSFER OF SAVINGS [RETENTION OF
FUNDS]. A state [(a) The commission and the affected agency shall
certify to the comptroller the amount of the actual or projected
savings or increased revenues attributable to an implemented
suggestion.
[(b) The affected agency shall retain the amount of the
actual or projected savings or increased revenues attributable to
an implemented suggestion, to the extent that the savings comes
from funds appropriated to the affected agency. A portion of the
savings or revenues shall be used by the affected agency to pay
bonuses awarded by the commission under this subchapter.
[(c) The affected] agency may transfer savings attributable
to an implemented suggestion from the first year of the fiscal
biennium to the second year of the fiscal biennium.
SECTION 7. Chapter 2108, Government Code, is amended by
adding Section 2108.007 to read as follows:
Sec. 2108.007. AGENCY DECISION FINAL; NO COURT REVIEW. A
state agency decision under this chapter is final and is not subject
to review by or appeal to a court or other entity.
SECTION 8. Section 201.0192, Agriculture Code, is amended
to read as follows:
Sec. 201.0192. STATE EMPLOYEE INCENTIVE INFORMATION. The
executive director or the executive director's designee shall
provide to state board employees information and training on the
benefits and methods of participating in the state employee
incentive program under [Subchapter B,] Chapter 2108, Government
Code.
SECTION 9. Section 81.037, Government Code, is amended to
read as follows:
Sec. 81.037. STATE EMPLOYEE INCENTIVE PROGRAM. The
executive director or the executive director's designee shall
provide to state bar employees information and training on the
benefits and methods of participation in the state employee
incentive program under [Subchapter B,] Chapter 2108.
SECTION 10. Section 2152.110, Government Code, is amended
to read as follows:
Sec. 2152.110. STATE EMPLOYEE INCENTIVE PROGRAM. The
executive director or the executive director's designee shall
provide to commission employees information and training on the
benefits and methods of participation in the state employee
incentive program under [Subchapter B,] Chapter 2108.
SECTION 11. Section 2306.0631, Government Code, is amended
to read as follows:
Sec. 2306.0631. STATE EMPLOYEE INCENTIVE PROGRAM. The
director or the director's designee shall provide to department
employees information and training on the benefits and methods of
participation in the state employee incentive program under
[Subchapter B,] Chapter 2108.
SECTION 12. Section 2306.6019, Government Code, is amended
to read as follows:
Sec. 2306.6019. STATE EMPLOYEE INCENTIVE PROGRAM. The
division director or the division director's designee shall provide
to division employees information and training on the benefits and
methods of participation in the state employee incentive program
under [Subchapter B,] Chapter 2108.
SECTION 13. Section 253.008, Occupations Code, is amended
to read as follows:
Sec. 253.008. TRAINING FOR EMPLOYEES ON STATE INCENTIVE
PROGRAM. The executive director or the executive director's
designee shall provide to board employees information and training
on the benefits and methods of participation in the state employee
incentive program under [Subchapter B,] Chapter 2108, Government
Code.
SECTION 14. Section 651.0512, Occupations Code, is amended
to read as follows:
Sec. 651.0512. TRAINING FOR EMPLOYEES ON STATE INCENTIVE
PROGRAM. The executive director or the executive director's
designee shall provide to commission employees information and
training on the benefits and methods of participation in the state
employee incentive program under [Subchapter B,] Chapter 2108,
Government Code.
SECTION 15. Section 901.106, Occupations Code, is amended
to read as follows:
Sec. 901.106. INFORMATION ON STATE EMPLOYEE INCENTIVE
PROGRAM. The executive director or the executive director's
designee shall provide to board employees information and training
on the benefits and methods of participation in the state employee
incentive program under [Subchapter B,] Chapter 2108, Government
Code.
SECTION 16. Section 1001.156, Occupations Code, is amended
to read as follows:
Sec. 1001.156. INFORMATION ON STATE EMPLOYEE INCENTIVE
PROGRAM. The executive director or the executive director's
designee shall provide to board employees information and training
on the benefits and methods of participation in the state employee
incentive program under [Subchapter B,] Chapter 2108, Government
Code.
SECTION 17. Section 1051.157, Occupations Code, is amended
to read as follows:
Sec. 1051.157. INFORMATION ON STATE EMPLOYEE INCENTIVE
PROGRAM. The executive director or the executive director's
designee shall provide to board employees information and training
on the benefits and methods of participation in the state employee
incentive program under [Subchapter B,] Chapter 2108, Government
Code.
SECTION 18. Section 1071.107, Occupations Code, is amended
to read as follows:
Sec. 1071.107. INFORMATION ON STATE EMPLOYEE INCENTIVE
PROGRAM. The executive director or the executive director's
designee shall provide to board employees information and training
on the benefits and methods of participation in the state employee
incentive program under [Subchapter B,] Chapter 2108, Government
Code.
SECTION 19. Section 1151.074, Occupations Code, is amended
to read as follows:
Sec. 1151.074. INFORMATION ON STATE EMPLOYEE INCENTIVE
PROGRAM. The executive director or the executive director's
designee shall provide to board employees information and training
on the benefits and methods of participation in the state employee
incentive program under [Subchapter B,] Chapter 2108, Government
Code.
SECTION 20. Section 11.0127, Parks and Wildlife Code, is
amended to read as follows:
Sec. 11.0127. TRAINING FOR EMPLOYEES ON STATE INCENTIVE
PROGRAM. The director or the director's designee shall provide to
agency employees information and training on the benefits and
methods of participation in the state employee incentive program
under [Subchapter B,] Chapter 2108, Government Code.
SECTION 21. Section 5.2275, Water Code, is amended to read
as follows:
Sec. 5.2275. STATE EMPLOYEE INCENTIVE PROGRAM. The
executive director or the executive director's designee shall
provide to commission employees information and training on the
benefits and methods of participation in the state employee
incentive program under [Subchapter B,] Chapter 2108, Government
Code.
SECTION 22. Section 6.196, Water Code, is amended to read as
follows:
Sec. 6.196. TRAINING ON STATE EMPLOYEE INCENTIVE PROGRAM.
The executive administrator or the executive administrator's
designee shall provide to agency employees information and training
on the benefits and methods of participation in the state employee
incentive program under [Subchapter B,] Chapter 2108, Government
Code.
SECTION 23. (a) Subchapters A and C, Chapter 2108,
Government Code, are repealed.
(b) The heading to Subchapter B, Chapter 2108, Government
Code, is repealed.
(c) Sections 2108.0235, 2108.025 through 2108.036, and
2108.039, Government Code, are repealed.
SECTION 24. The Texas Incentive and Productivity Commission
established under Subchapter A, Chapter 2108, Government Code, as
that subchapter existed prior to repeal by this Act, is abolished on
the effective date of this Act.
SECTION 25. This Act takes effect September 1, 2005.
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