By: Harper-Brown H.B. No. 3395
A BILL TO BE ENTITLED
AN ACT
relating to the employee innovation incentive program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 2108, Government Code, is
amended to read as follows:
CHAPTER 2108. EMPLOYEE INNOVATION INCENTIVES AND [SAVINGS
INCENTIVE PROGRAM FOR] STATE AGENCY PRODUCTIVITY
SECTION 2. Chapter 2108, Government Code, is amended by
adding Subchapter A to read as follows:
SUBCHAPTER A. TEXAS INNOVATION INCENTIVE PROGRAM
Sec. 2108.001. DEFINITIONS. In this subchapter:
(1) "Bonus" means a monetary award that is granted to
an eligible state agency employee in payment for a recommendation
developed by the employee.
(2) "Commission" means the Sunset Advisory
Commission.
(3) "Employee recommendation" means a proposal made by
a state agency with eligible state agency employees that, on
implementation, results in increased productivity, a reduction in
state expenditures, and an improvement in the quality of state
services.
(4) "Program" means the Texas Innovation Incentive
Program.
(5) "State agency" means a department, commission,
board, office, or other agency in the executive branch of
government that is created under the constitution or a statute of
this state.
Sec. 2108.002. PROGRAM; BONUSES. (a) The purposes of the
program are to:
(1) reduce state expenditures, improve the quality of
state services; and
(2) recognize the contributions made by certain state
agency employees in achieving the goals described by Subdivision
(1).
(b) A state agency employee may be compensated for a
suggestion under the program only as provided by this subchapter.
(c) From the savings incurred by a state agency resulting
from employee recommendations, the state agency shall grant a bonus
to an eligible state agency employee who makes a recommendation
that:
(1) reduces state expenditures and improves the
quality of state services; and
(2) is approved and implemented by the state agency.
(d) A state agency may grant a bonus for savings to the
agency that can be computed using a cost-benefit analysis.
Intangible savings or benefits that cannot be computed using that
analysis are ineligible for a bonus.
(e) A state agency employee whose recommendation results in
a net annual savings, of $1 million or more for the agency is
entitled to a bonus in an amount equal to 50 percent of the net
biennial savings after implementation costs. The remaining 50
percent of net biennial savings shall be returned to the taxpayers
of Texas. An employee whose recommendation results in a net
biennial savings of less than $1 million is not entitled to a bonus.
A bonus described by this subsection shall be divided among all
employees who sign the recommendation as required by Section
2108.007.
Sec. 2108.003 COST SAVINGS AND SUBSEQUENT AGENCY BUDGETS
(a) The cost savings realized under this program shall be specified
in the agency's next Legislative Appropriations Request so that
future budgets can take into consideration the reduction in
operation costs.
Sec. 2108.004. INCENTIVE REVIEW BOARD DUTIES. (a) The
incentive review board in each state agency is composed of the
agency's executive director, chief financial officer, and chief
operations officer. If an agency does not have a chief financial or
operations officer, the executive director may designate two
individuals with similar experience and skill sets to a chief
financial or operations officer to serve on the incentive review
board. The incentive review board shall designate, either from
among the agency's employees or among themselves, an Agency
Coordinator to assist in administering the program in the agency.
(b) A state agency's incentive review board shall:
(1) establish protocol for submission of
recommendations;
(2) determine the merits of employee recommendations,
research the implications of the recommendations, and implement the
recommendations;
(3) promote agency participation in the program;
(4) accept or reject employee recommendations;
(5) monitor the cost savings and other benefits that
result from implementing an employee recommendation;
(6) file reports with the commission as required by
commission rules;
(7) manage the initial eligibility determination of an
employee recommendation or of a state agency employee who makes a
recommendation; and
(8) acknowledge receipt of employee recommendations
within thirty (30) days of submission.
(c) A state agency employee who is aggrieved by the
eligibility determination of the incentive review board may request
a redetermination by the commission.
Sec. 2108.005. COMMISSION POWERS AND DUTIES. (a) If an
incentive review board rejects an employee recommendation, a state
agency employee may appeal the decision to the commission. The
commission may submit a proposed bill draft to the legislature for
an employee recommendation the commission determines is worthy of
implementation.
(b) The commission shall establish electronic recordkeeping
procedures necessary to implement this subchapter.
(c) The commission shall act as the final arbiter of any
dispute arising from the implementation of the program or from
eligibility determinations. A state employee may not appeal the
commission's decision to a court.
(d) Once a year, the commission shall select one state
agency to receive the Texas Innovation Incentive Program Award,
recognizing excellence in applying innovative solutions to the
challenges of state government, if applicable.
Sec. 2108.006. EMPLOYEE ELIGIBILITY. Each full-time state
agency employee is eligible to participate in the program other
than a state agency employee:
(1) who has authority to implement the employee
recommendation;
(2) who is on an unpaid leave of absence;
(3) whose job description for the agency includes
responsibility for cost analysis, efficiency analysis, savings
implementation, or other similar responsibilities in the agency;
(4) who is involved in or has access to agency research
and development, if that information is used as the basis of the
recommendation;
(5) whose job description includes developing the type
of change in the agency administration that is recommended; or
(6) who is an elected or appointed agency official.
Sec. 2108.007. RECOMMENDATION REQUIREMENTS; PROCEDURES.
(a) To be eligible for consideration under the program, an employee
recommendation must:
(1) be submitted to the agency coordinator in the
written format prescribed by the agency's incentive review board;
(2) be signed by all state agency employees
contributing to the recommendation;
(3) propose a reasonable method of implementation; and
(4) describe the type of cost savings or other
benefits anticipated by the employee if the recommendation is
adopted.
(b) A bonus may not be given to a state agency employee who
did not sign the recommendation as required by Subsection (a).
(c) The commission shall note any recommendation that
requires legislative action. If, as a direct result of the employee
recommendation, legislation is passed to implement the
recommendation, the commission shall consider the recommendation
for a bonus.
(d) Except as provided by Subsection (e), if the same
recommendation is submitted by two or more state agency employees,
the first recommendation received by the agency coordinator is
eligible for consideration. If the same recommendation is received
on the same day from employees working at different locations, a
bonus based on the recommendation shall be divided equally among
all employees submitting the recommendation.
(e) Two or more state agency employees may submit a joint
recommendation. A bonus based on the joint recommendation must be
divided equally among the employees.
(f) If, after any necessary analysis, the incentive review
board determines that an employee recommendation has merit, the
chief administrative officers of the state agency may at the
officers' discretion implement the recommendation.
(g) Not later than the 30th day after the date the incentive
review board makes a final determination, the board shall provide
written notification of its final determination to each state
agency employee who proposed the recommendation. If the board
rejects the employee recommendation, the board shall include a
written explanation of the reasons for rejecting the recommendation
with the employee notification and provide the explanation to the
commission and, on request, to the public.
Sec. 2108.008. INELIGIBLE RECOMMENDATIONS. A state agency
employee is ineligible to receive a bonus under this subchapter for
an employee recommendation that:
(1) does not describe a method to achieve the desired
savings and benefit;
(2) proposes ideas under implementation or
consideration on the date the recommendation is submitted;
(3) relates only to personnel matters or grievances,
including employee classification or compensation;
(4) proposes a correction for a condition that
resulted only because applicable established procedures were not
properly followed; or
(5) proposes implementation of a policy or procedure
that has already been adopted by the employee's agency.
Sec. 2108.009. EMPLOYEE RIGHTS. (a) A state agency employee
who has proposed an employee recommendation and who has reasonable
grounds to believe that the importance of the recommendation has
been overlooked, misunderstood, or misinterpreted by the agency may
request the commission to reevaluate the recommendation. The
employee must submit a written request for reevaluation not later
than the 30th day after the date on which the employee receives
notification from the incentive review board that the
recommendation has been rejected. The employee shall provide any
additional information that the employee considers useful for the
reevaluation.
(b) A state agency employee who proposes an employee
recommendation under this subchapter may request the agency and
commission to maintain the employee's confidentiality in the
evaluation or bonus process. The agency and commission shall
maintain the employee's confidentiality to the greatest extent
possible.
(c) A state agency employee's eligibility for a bonus is
determined based on the employee's status at the time the original
employee recommendation was received by the agency coordinator. A
former employee remains eligible for a bonus if the recommendation
is implemented not later than the second anniversary of the date the
employee leaves employment with the agency. If an employee who is
granted a bonus dies before the bonus is received, the bonus shall
be paid to the deceased employee's estate.
Sec. 2108.010. RESTRICTIONS AND LIMITATIONS. (a) The state
may change or terminate the program at any time without prior
notice.
(b) A state agency employee may be compensated for an
employee recommendation under the program only as provided by this
subchapter.
(c) The submission of an employee recommendation in the
manner provided by this subchapter constitutes an agreement between
the state and the state agency employee making the recommendation
that all employee claims based on the recommendation, including
patent claims, copyright claims, trademark claims, and other
similar claims, are assigned to the state.
SECTION 3. Chapter 2108, Government Code, is amended by
designating Sections 2108.101, 2108.102, 2108.103, and 2108.104 as
Subchapter B and adding a heading to Subchapter B to read as
follows:
SUBCHAPTER B. SAVINGS INCENTIVE PROGRAM
SECTION 4. This Act takes effect September 1, 2013.