4 | 10 | | AN ACT |
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5 | 11 | | relating to the administration of "pay for success" contracts for |
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6 | 12 | | state agencies. |
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7 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 14 | | SECTION 1. Sections 403.110(c), (e), and (f), Government |
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9 | 15 | | Code, are amended to read as follows: |
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10 | 16 | | (c) The trust fund consists of money gifted, granted, |
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11 | 17 | | donated, or appropriated for deposit to the credit of the trust fund |
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12 | 18 | | and any interest or other earnings attributable to the trust fund. |
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13 | 19 | | The comptroller shall hold money credited to the trust fund for use |
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14 | 20 | | only for payments due in accordance with success contract terms and |
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15 | 21 | | expenses incurred in administering the trust fund or in |
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16 | 22 | | administering the success contracts for which the trust fund is |
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17 | 23 | | established. The balance of the trust fund may not exceed $50 |
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18 | 24 | | million at any time. The comptroller may establish in the trust fund |
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19 | 25 | | one or more accounts to administer money for a particular success |
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20 | 26 | | contract for which money has been credited to the trust fund. |
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21 | 27 | | (e) A contract executed under this section is not |
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22 | 28 | | enforceable until [The comptroller and a state agency may not |
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23 | 29 | | finally execute a proposed success contract under this section |
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24 | 30 | | unless]: |
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25 | 31 | | (1) the state agency and the Legislative Budget Board |
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26 | 32 | | certify that the proposed contract is expected to result in |
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27 | 33 | | significant performance improvements and significant budgetary |
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28 | 34 | | savings for the state agency or agencies party to the contract if |
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29 | 35 | | the performance targets are achieved; and |
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30 | 36 | | (2) a grantor or donor has gifted, granted, or |
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31 | 37 | | donated, or the legislature has appropriated for deposit to the |
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32 | 38 | | credit of the trust fund, contingent on the execution of the |
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33 | 39 | | contract, an amount of money necessary to administer the contract |
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34 | 40 | | and make all payments that may become due under the contract over |
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35 | 41 | | the effective period of the contract. |
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36 | 42 | | (f) The comptroller shall make the contract payments for the |
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37 | 43 | | success contracts only from the trust fund and only in accordance |
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38 | 44 | | with the terms of the success contracts. The comptroller shall |
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39 | 45 | | deposit to the credit of the trust fund any money the comptroller |
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40 | 46 | | recovers from a contractor for overpayment or for a penalty or other |
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41 | 47 | | amount recoverable under the terms of a success contract and shall |
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42 | 48 | | hold the money in the trust fund in the same manner as the money held |
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43 | 49 | | for payments for the success contract. To the extent that any money |
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44 | 50 | | credited to the trust fund for a particular success contract |
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45 | 51 | | remains unpaid at the time the particular contract expires or is |
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46 | 52 | | terminated, as soon after the contract expiration as is |
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47 | 53 | | practicable, the comptroller shall return the unpaid amount to the |
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48 | 54 | | grantor, donor, or state treasury fund or account from which the |
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49 | 55 | | money was gifted, granted, donated, or appropriated. |
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50 | 56 | | SECTION 2. This Act takes effect September 1, 2019. |
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51 | | - | ______________________________ ______________________________ |
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52 | | - | President of the Senate Speaker of the House |
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53 | | - | I certify that H.B. No. 982 was passed by the House on April |
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54 | | - | 17, 2019, by the following vote: Yeas 132, Nays 3, 2 present, not |
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55 | | - | voting. |
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56 | | - | ______________________________ |
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57 | | - | Chief Clerk of the House |
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58 | | - | I certify that H.B. No. 982 was passed by the Senate on May 8, |
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59 | | - | 2019, by the following vote: Yeas 31, Nays 0. |
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60 | | - | ______________________________ |
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61 | | - | Secretary of the Senate |
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62 | | - | APPROVED: _____________________ |
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63 | | - | Date |
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64 | | - | _____________________ |
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65 | | - | Governor |
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| 57 | + | * * * * * |
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