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