LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 77th Regular Session May 16, 2001 TO: Honorable Steven Wolens, Chair, House Committee on State Affairs FROM: John Keel, Director, Legislative Budget Board IN RE: SB311 by Zaffirini (relating to the abolition of the General Services Commission; to the transfer of its functions to a newly created Texas Procurement Commission, the Department of Information Resources, and a newly created Texas Building Commission; and to the operations of certain other state agencies having functions transferred from or associated with the commission, including the telecommunications planning and oversight council, the attorney general, and the State Cemetery Committee.), Committee Report 2nd House, Substituted ************************************************************************** * Estimated Two-year Net Impact to General Revenue Related Funds for * * SB311, Committee Report 2nd House, Substituted: positive impact * * of $28,636,500 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 $4,423,500 * * 2003 24,213,000 * * 2004 24,213,000 * * 2005 52,790,500 * * 2006 52,793,000 * **************************************************** All Funds, Five-Year Impact: *********************************************************************** *Fiscal Probable Probable Probable Probable Change in * * Year Savings/ Savings/ Revenue Savings/ Number of * * (Cost) from (Cost) from Gain/(Loss) (Cost) from State * * General General from All General Employees * * Revenue Revenue General Revenue from FY 2001 * * Fund Fund Revenue Dedicated * * 0001 0001 Fund Accounts * * 0001 * * 2002 $3,894,000 $(50,500) $580,000 $0 1.0 * * 2003 23,564,000 (48,000) 697,000 2,240,000 1.0 * * 2004 23,564,000 (48,000) 697,000 2,240,000 1.0 * * 2005 52,144,000 (50,500) 697,000 44,840,000 1.0 * * 2006 52,144,000 (48,000) 697,000 44,840,000 1.0 * *********************************************************************** ************************************************************************** *Fiscal Probable Probable Probable Revenue * * Year Savings/(Cost) from Savings/(Cost) from Gain/(Loss) from * * Federal Funds - Other Funds Other Funds * * Federal * * 0555 * * 2002 $0 $55,000 $72,000 * * 2003 9,870,000 3,275,000 87,000 * * 2004 9,870,000 3,275,000 87,000 * * 2005 47,000,000 3,275,000 87,000 * * 2006 47,000,000 3,275,000 87,000 * ************************************************************************** Technology Impact $2,500 each in both FY 2002 and FY 2005 for computers. Fiscal Analysis The bill would abolish the General Services Commission (GSC), and transfer many of its functions to the Texas Procurement Commission (TPC), the Texas Building Commission (TBC), and the Department of Information Resources (DIR). Further, the bill creates the Texas Building Division within the State Preservation Board, the Telecommunications Planning and Oversight Council, and the State Cemetery Committee to perform other functions currently performed by the GSC. The bill would also require the Office of the Attorney General (OAG), in consultation with TPC, DIR, the Comptroller of Public Accounts (CPA), and the State Auditor's Office (SAO) to develop contracting guidelines for state agencies, and to assist SAO in developing a training program for contract managers. Additionally, DIR will participate with OAG, the CPA, the Procurement Commission, and the Governor's Office on a Contract Advisory Team to review solicitations of major contracts by agencies, and provide recommendations to the OAG on contract guidelines and to the SAO on training on contract management. Methodology The savings identified below could be realized with adoption and implementation of an incentive rider directing the CPA to reduce the appropriations in the appropriate amounts and to identify the agencies and accounts from which those appropriations would be reduced. (1) Contract Management: according to the CPA's E-Texas report, the State of Texas contracts for $14 billion worth of goods and services annually. Assuming that it takes 12 months to implement the statewide contract management policy, and training for contract managers would not take effect until September 1, 2002, fiscal year 2003 would be the earliest that savings could be generated. Also assuming that contract managers would save 0.25 percent on Texas contracts due to improved contract management skills, this would equate to savings of $35 million annually. These savings would be across every state agency excluding institutions of higher education and the Texas Department of Transportation and could impact every fund. (2) Electronic Procurement: FY 1999 procurement patterns for general goods and services were used as a baseline for future savings. Saving were then determined on a conservative estimate of 2 percent of all goods and services purchased. According to the CPA, 2 percent is conservative compared to private industry standards of 3-5 percent (Gartner Group and other industry experts). General revenue savings were estimated at $28.58 million per year, Federal Fund savings were estimated at $37.13 million per year, and Dedicated Accounts Funds savings were estimated at $42.6 million per year. (3) Reverse Auction Procedures: by allowing for the use of reverse auction procedures in purchasing goods and services, the CPA's E-Texas Report estimates potential savings generate by reverse auctions at anywhere from 2 percent to 10 percent. In fiscal year 1999 approximately $70 million was expended on such item as fuel, office furniture, paper, reflective sheeting, salt, tires, and tire tubes. Using a midpoint of 6 percent as potential savings, less vendor payment of 20 percent, it is estimated that approximately $3.4 million could be saved using reverse auctions. Any costs associated with the implementation of electronic procurement in this bill would be incurred by an outside contractor who would recover costs from user fees. (4) Emergency Leases: GSC indicated that the state pays above market price on about 240 emergency leases with a total value of about $25 million per year. The emergency leases average 120 percent to 150 percent of market value. At 20 percent above market value, it is estimated that $5 million is paid in above market rates. Assuming 10 percent of that figure can be avoided through the Sunset recommendations, $500,000 per year would be saved. Based on the ratio of General Revenue funded to non-General revenue funded agencies (as used in the fiscal note to HB834) 89 percent of the savings would accrue to agency funding from General Revenue, and 11 percent from other funds. (5) Surplus Property: the Texas Procurement Commission would require an additional FTE for its responsibility for the state's surplus property disposal process. Estimated cost for the FTE is approximately $48,000 per year, benefits included, plus a computer at a cost of $2,500 in the first year and $2,500 for a computer refresher in FY 2005. (6) Mandatory Recycling: a mandatory program would improve the State's recycling efforts, resulting in a gain to General Revenue of $49,000 per year. It is assumed that the number of tons recycled and the amount GSC receives for each ton of paper will remain constant with 1999 figures. In FY 1999, GSC collected $51,521 from recycling. With improved recycling efforts in that same year, GSC would have earned $100,846. (7) Internet Auction Sales: sales of surplus and salvage property would have an estimated revenue gain in FY 2002 of $580,000 in General Revenue and $72,000 in Other Funds. In following years the gain is estimated to be $697,000 to General Revenue and $87,000 to Other Funds. Local Government Impact There could be cost savings to local governments who use electronic procurement. Source Agencies: 313 Department of Information Resources, 809 State Preservation Board, 302 Office of the Attorney General, 116 Sunset Advisory Commission, 304 Comptroller of Public Accounts LBB Staff: JK, RB, SK, MF