GOVERNMENT CODE

TITLE 10. GENERAL GOVERNMENT

SUBTITLE C. STATE ACCOUNTING, FISCAL MANAGEMENT, AND PRODUCTIVITY

CHAPTER 2108.  SAVINGS INCENTIVE PROGRAM FOR STATE AGENCY

Sec. 2108.101.  NOTICE.  A state agency that spends less undedicated general revenue derived from nonfederal sources than is appropriated to the agency for a fiscal year shall send to the comptroller a notice of the amount of the savings before October 30 following the end of the fiscal year in which the savings are realized.
Added by Acts 2003, 78th Leg., ch. 450, Sec. 1, eff. Sept. 1, 2003.

Sec. 2108.102.  VERIFICATION OF SAVINGS.  The comptroller shall verify the amount of savings contained in the notice not later than the 60th day following the date the comptroller receives the notice.
Added by Acts 2003, 78th Leg., ch. 450, Sec. 1, eff. Sept. 1, 2003.

Sec. 2108.103.  RETENTION OF FUNDS.  (a)  The affected agency retains one-half of the amount of savings verified by the comptroller.
(b)  Savings retained under this section may only be appropriated by the legislature to the affected agency.  The agency may spend the savings only on an activity or expense that does not:
(1)  create new or expanded services;  or
(2)  require ongoing funding at a later date.
(c)  Of the savings retained by the agency, one-half:
(1)  must be used to make additional principal payments for general obligation bonds issued by the agency or on behalf of the agency by the Texas Public Finance Authority; or
(2)  if there are no outstanding general obligation bonds issued by the agency or on behalf of the agency by the Texas Public Finance Authority, may be used to provide bonuses, distributed equally, to each agency employee who:
(A)  is a current full-time equivalent employee of the agency;
(B)  worked for the agency as a full-time equivalent employee for the entire fiscal year in which the savings were realized; and
(C)  is directly responsible for or worked in a department, office, or other division within the agency that is responsible for the savings realized.
(d)  If the amount of agency savings verified under Section 2108.102, expressed as a percentage of the total amount of undedicated general revenue derived from nonfederal sources appropriated to the agency for the fiscal year in which the savings were realized, is:
(1)  less than three percent, a bonus described by Subsection (c)(2) may not exceed $250;
(2)  at least three percent but less than five percent, a bonus described by Subsection (c)(2) may not exceed $500;
(3)  at least five percent but less than 10 percent, a bonus described by Subsection (c)(2) may not exceed $750; and
(4)  10 percent or more, a bonus described by Subsection (c)(2) may not exceed $1,000.
(e)  A state agency may not provide a bonus under Subsection (c)(2) to an employee of the agency who serves in an upper management position, including the chief executive or chief administrator of the agency.
(f)  A state agency shall adopt rules to implement this section.
Added by Acts 2003, 78th Leg., ch. 450, Sec. 1, eff. Sept. 1, 2003.
Amended by: 
Acts 2017, 85th Leg., R.S., Ch. 411 (S.B. 132), Sec. 1, eff. September 1, 2017.

Sec. 2108.104.  DEMONSTRATION NECESSARY TO RECEIVE SAVINGS.  In order for a state agency to receive any savings derived from lowered utility costs under this section, the state agency must demonstrate to the comptroller that the agency has maximized savings on utility expenses by implementing all energy and water conservation programs in compliance with rules adopted under Section 447.002.
Added by Acts 2003, 78th Leg., ch. 450, Sec. 1, eff. Sept. 1, 2003.