LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session April 9, 2001 TO: Honorable Steven Wolens, Chair, House Committee on State Affairs FROM: John Keel, Director, Legislative Budget Board IN RE: HB3032 by Pitts (Relating to state agency use of performance-based and contingency-based contracts.), As Introduced ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * HB3032, As Introduced: positive impact of $1,960,000 through the * * biennium ending August 31, 2003. * * * * The bill would make no appropriation but could provide the legal * * basis for an appropriation of funds to implement the provisions of * * the bill. * ************************************************************************** General Revenue-Related Funds, Five-Year Impact: **************************************************** * Fiscal Year Probable Net Positive/(Negative) * * Impact to General Revenue Related * * Funds * * 2002 $0 * * 2003 1,960,000 * * 2004 1,960,000 * * 2005 1,960,000 * * 2006 1,960,000 * **************************************************** All Funds, Five-Year Impact: *************************************************************************** *Fiscal Probable Probable Probable Probable * * Year Savings/(Cost) Savings/(Cost) Savings/(Cost) Savings/(Cost) * * from General from All from Federal from All Other * * Revenue Fund General Revenue Funds - Federal Accounts * * 0001 Dedicated 0555 * * 2002 $0 $0 $0 $0 * * 2003 1,960,000 245,000 980,000 315,000 * * 2004 1,960,000 245,000 980,000 315,000 * * 2005 1,960,000 245,000 980,000 315,000 * * 2006 1,960,000 245,000 980,000 315,000 * *************************************************************************** Technology Impact None. Fiscal Analysis This bill would require the General Services Commission (GSC) in cooperation with the Comptroller of Public Account's office, to develop sample contracts, recommend standard terms, and make then available through GSC's website. The bill would require the Texas Department of Health, the Texas Department of Transportation, the Texas Department of Human Services, the Texas Department of Mental Health and Mental Retardation, the Texas Department of Criminal Justice, and the Department of Protective and Regulatory Services to have at least 25 percent of their contracts for goods and services to be performance-based or contingency-based contracts by January 1, 2003. The GSC and Comptroller's office would be authorized to conduct an inventory of state agency contracts for services, and they would have to perform an evaluation of the effects of performance-based and contingency-based contracts and provide a report to the Legislature by December 1, 2003. Methodology According to the Comptroller of Public Accounts office e-Texas report, the federal government has achieved an overall savings of 15 percent in its pilot study, but the Comptroller's office was unable to estimate the fiscal impact of this bill. However, for the purpose of the State of Texas an estimated savings of .25 percent is assumed on state contracts, which are converted to performance-based or contingency-based contracts. During fiscal year 2000, the State of Texas made over $14 billion in vendor payments for services. Assuming that it takes 12 months to develop and implement performance-based and contingency-based contracts, fiscal year 2003 would be the earliest savings could be generated. Also, assuming that Texas converts just 10 percent of these state contracts, which includes converting 25 percent of the contracts for the Texas Department of Health, the Texas Department of Transportation, the Texas Department of Human Services, the Texas Department of Mental Health and Mental Retardation, the Texas Department of Criminal Justice, and the Department of Protective and Regulatory Services, to a performance basis could eventually result in saving the state around $3,500,000 annually. Approximately 56 percent of the State's vendor payments for goods and services are financed out of General Revenue Funds, 7 percent from General Revenue Dedicated Funds, 28 percent from Federal Funds, and 9 percent from Other Funds. Therefore, approximately $1,960,000 in General Revenue Funds would be saved annually, $245,000 in General Revenue Dedicated Funds would be saved annually, $980,000 in Federal Funds would be saved annually, and $315,000 in Other Funds would be saved annually. According to the General Services Commission, the agency has estimated there would be cost to develop sample contracts, to complete an inventory of state agency contracts, and analyze contracts, but these cost could be absorbed within the existing agency resources. The Department of Protective and Regulatory Services has estimated there would be cost for legal support for the restructuring the contracts, evaluating contractor performance, and designing performance measures specific to the contract, but these cost could be absorbed within the existing agency resources. The Department of Health has estimated there would be cost for contract management activities, but these cost could be absorbed within the existing agency resources. Local Government Impact No fiscal implication to units of local government is anticipated. Source Agencies: 601 Texas Department of Transportation, 655 TX Dept. of Mental Health & Mental Retardation, 324 Texas Department of Human Services, 501 Texas Department of Health, 530 Department of Protective and Regulatory Services, 303 General Services Commission, 304 Comptroller of Public Accounts, 696 Texas Department of Criminal Justice LBB Staff: JK, RB, GS