Bill Text: TX SB2340 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the administration of "pay for success" contracts for state agencies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-04-23 - Left pending in committee [SB2340 Detail]
Download: Texas-2019-SB2340-Introduced.html
86R5205 BRG-D | ||
By: West | S.B. No. 2340 |
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relating to the administration of "pay for success" contracts for | ||
state agencies. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 403.110(c), (e), and (f), Government | ||
Code, are amended to read as follows: | ||
(c) The trust fund consists of money gifted, granted, | ||
donated, or appropriated for deposit to the credit of the trust fund | ||
and any interest or other earnings attributable to the trust fund. | ||
The comptroller shall hold money credited to the trust fund for use | ||
only for payments due in accordance with success contract terms and | ||
expenses incurred in administering the trust fund or in | ||
administering the success contracts for which the trust fund is | ||
established. The balance of the trust fund may not exceed $50 | ||
million at any time. The comptroller may establish in the trust fund | ||
one or more accounts to administer money for a particular success | ||
contract for which money has been credited to the trust fund. | ||
(e) A contract executed under this section is not | ||
enforceable until [ |
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(1) the state agency and the Legislative Budget Board | ||
certify that the proposed contract is expected to result in | ||
significant performance improvements and significant budgetary | ||
savings for the state agency or agencies party to the contract if | ||
the performance targets are achieved; and | ||
(2) a grantor or donor has gifted, granted, or | ||
donated, or the legislature has appropriated for deposit to the | ||
credit of the trust fund, contingent on the execution of the | ||
contract, an amount of money necessary to administer the contract | ||
and make all payments that may become due under the contract over | ||
the effective period of the contract. | ||
(f) The comptroller shall make the contract payments for the | ||
success contracts only from the trust fund and only in accordance | ||
with the terms of the success contracts. The comptroller shall | ||
deposit to the credit of the trust fund any money the comptroller | ||
recovers from a contractor for overpayment or for a penalty or other | ||
amount recoverable under the terms of a success contract and shall | ||
hold the money in the trust fund in the same manner as the money held | ||
for payments for the success contract. To the extent that any money | ||
credited to the trust fund for a particular success contract | ||
remains unpaid at the time the particular contract expires or is | ||
terminated, as soon after the contract expiration as is | ||
practicable, the comptroller shall return the unpaid amount to the | ||
grantor, donor, or state treasury fund or account from which the | ||
money was gifted, granted, donated, or appropriated. | ||
SECTION 2. This Act takes effect September 1, 2019. |