Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. ADMINISTRATION Texas Incentive and Productivity Commission Chapter 275. Productivity Bonus Program 1 TAC sec.sec.275.1, 275.5, 275.11, 275.17 The Texas Incentive and Productivity Commission adopts on an emergency basis amendments to sec.sec.275.1, 275.5, 275.11, and 275.17, concerning administration of the Productivity Bonus Program. These sections adopted on an emergency basis are simultaneously proposed for public comment in this issue of the Texas Register. These sections are adopted on an emergency basis so that the program rules will reflect changes made to statute passed by a record vote from the 73rd Legislature. Section 275.5 expands the definition of division so that Productivity Plan submissions may be submitted by an identified group of employees other than those defined by having their own identifiable budget within an agency. Section 275.5 amends the timeframe that the commission has to review and inform the agency of its action on a Productivity Plan. Section 275.11 was amended to clarify that an element does not have to be totally eliminated to qualify as legitimate savings. Section 275.17 stipulates that agencies may request and receive authority to not pay bonuses if the cost reductions are negligible. The amendments are adopted under Texas Civil Statutes, Article 6252-29a, sec.1, which authorize the Texas Incentive and Productivity Commission to promulgate rules for its programs. sec.275.1. Definitions for the Productivity Bonus Program.
    The following words and terms, when used in this chapter, shall pertain only to the Productivity Bonus Program and shall have the following meanings, unless the context clearly indicates otherwise. Division-A unit of a state agency that (A) has an identifiable self-contained budget; or (B) maintains its financial records under an accounting system approved by the state auditor that permits the accurate identification of the expenditures and receipts of the unit ; or (C) consists of a group of employees identified by the agency and approved by the commission. sec.275.5. Approval by Commission. (a)-(b) (No change.) (c) Commission review. The commission shall act on an agency's plan as early as practicable after receiving it. Within 30 days after reviewing the Plan in an open meeting, the commission shall
      [Within 30 days of receipt of the productivity plan, the commission shall review the plan and] inform the executive director in writing that the plan is approved or rejected. (d) (No change.) sec.275.11. Qualifications for Award. (a)-(b) (No change.) (c) Legitimate savings. The commission shall consider as a legitimate savings a reduction in expenditures made possible by: (1) (No change.) (2) reductions in
        [elimination of] consultant fees; (3) reductions in
          [elimination of] budgeted positions; (4) reductions in
            [elimination of unnecessary] travel; (5) reductions in
              [elimination of unnecessary] printing and mailing; (6) reductions in
                [elimination of] payments for [unnecessary] advertising, membership dues, subscriptions, and other nonessential outlays of state agency or division funds; (7)-(9) (No change.) (d) (No change.) sec.275.17. Awards to Employees. (a) Amount. If the commission approves an agency or division for a productivity bonus award, the commission shall award to the employees of the agency or division an amount not to exceed 25% of the amount in the agency's or division's productivity bonus account. The commission may award an amount less than 25% if the executive director makes such a request when the agency or division Plan is submitted, or if the commission believes circumstances warrant. The commission may grant an agency's or division's request not to pay bonuses if a negligible reduction in cost has occurred. Such a request shall be made when the application is submitted. (b)-(f) (No change.) Issued in Austin, Texas, on June 14, 1993. TRD-9324251 M. Elaine Powell Executive Director Texas Incentive and Productivity Commission Effective date: June 14, 1993 Expiration date: October 12, 1993 For further information, please call: (512) 475-2393