79R7639 KEG-F

By:  Uresti                                                       H.B. No. 2860


A BILL TO BE ENTITLED
AN ACT
relating to the creation and implementation of performance measures for the purpose of evaluating state agencies. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 322.017, Government Code, is amended to read as follows: Sec. 322.017. PERFORMANCE [EFFICIENCY] REVIEW OF STATE AGENCIES. (a) In this section: (1) "Management and workforce scorecard approach" has the meaning assigned by Section 2056.002. (2) "State[, "state] agency" has the meaning assigned by Section 2056.001. (b) The board annually shall [periodically may] review and analyze the effectiveness and efficiency of the policies, management, fiscal affairs, and operations of state agencies using the performance data presented to the board in relation to a management and workforce scorecard approach developed by each agency. (b-1) The board, by rule, shall develop a system to evaluate the performance of state agencies and assign a rating to each agency based on the board's assessment of the agency's performance. The board shall use the management and workforce scorecard approach developed by the agency in evaluating and assigning a rating to an agency under this section. Each state agency shall publish the rating assigned by the board on the agency's official Internet site. The performance ratings established by the board must include the following ratings: (1) exemplary, for an agency that meets or exceeds the board's exemplary standard for state agency performance; (2) acceptable, for an agency that falls below the board's standard for exemplary performance but exceeds the unsatisfactory performance standard; and (3) unsatisfactory, for an agency that falls below the board's standard of acceptable state agency performance. (c) The board shall publish [report] the findings of its performance reviews of state agencies, including the ratings assigned, on the board's official Internet site [the review and analysis to the governor and the legislature]. (d) The legislature may consider the board's performance review of a state agency and the rating assigned by the board to the agency [reports] in connection with the legislative appropriations process. (e) The board may not assign a rating to a state agency under this section until the end of the first fiscal year after the agency has implemented a management and workforce scorecard approach. SECTION 2. Section 2056.002(b), Government Code, is amended to read as follows: (b) The Legislative Budget Board and the Governor's Office of Budget, Policy, and Planning shall determine the elements required to be included in each agency's strategic plan. Unless modified by the Legislative Budget Board and the Governor's Office of Budget, Policy, and Planning, and except as provided by Subsection (c), a plan must include: (1) a statement of the mission and goals of the state agency; (2) a description of the indicators developed under this chapter and used to measure the output and outcome of the agency; (3) identification of the groups of people served by the agency, including those having service priorities, or other service measures established by law, and estimates of changes in those groups expected during the term of the plan; (4) an analysis of the use of the agency's resources to meet the agency's needs, including future needs, and an estimate of additional resources that may be necessary to meet future needs; (5) an analysis of expected changes in the services provided by the agency because of changes in state or federal law; (6) a description of the means and strategies for meeting the agency's needs, including future needs, and achieving the goals established under Section 2056.006 for each area of state government for which the agency provides services; (7) a description of the capital improvement needs of the agency during the term of the plan and a statement, if appropriate, of the priority of those needs; (8) identification of each geographic region of this state, including the Texas-Louisiana border region and the Texas-Mexico border region, served by the agency, and if appropriate the agency's means and strategies for serving each region; (9) a description of the training of the agency's contract managers under Section 2262.053; (10) the agency's management and workforce scorecard approach developed in accordance with Section 2056.0021; (11) an analysis of the agency's expected expenditures that relate to federally owned or operated military installations or facilities, or communities where a federally owned or operated military installation or facility is located; and (12) [(11)] other information that may be required. SECTION 3. Section 2056.002(e), Government Code, is amended by adding Subdivision (1-a) to read as follows: (1-a) "Management and workforce scorecard approach" means a performance management system that relies on: (A) indicators, including indicators relating to programs and administration, and the perspectives of consumers and other interested persons, to rate the performance of a state agency; and (B) critical success factors, including factors relating to the internal processes of the agency and the agency's progress in achieving desirable policy outcomes and improving performance and results, to clarify the goals of and provide feedback to the agency. SECTION 4. Section 2056.0021, Government Code, is amended to read as follows: Sec. 2056.0021. WORKFORCE MANAGEMENT [PLANNING]. As part of the strategic plan required under Section 2056.002, a state agency shall: (1) conduct a strategic staffing analysis and develop a workforce plan, according to guidelines developed by the state auditor, to address critical staffing and training needs of the agency, including the need for experienced employees to impart knowledge to their potential successors; and (2) develop a management and workforce scorecard approach to demonstrate: (A) the relationship between critical staffing, training needs, and the satisfaction of consumers and other interested persons; and (B) the agency's success at achieving its goals and legislative goals for the agency. SECTION 5. Section 2056.009(a), Government Code, is amended to read as follows: (a) The Governor's Office of Budget and Planning and the Legislative Budget Board jointly may compile a long-range strategic plan and develop a management and workforce scorecard approach for state government using the state agency plans issued under Section 2056.002 and information obtained under Section 2056.007. SECTION 6. Section 2056.010, Government Code, is amended to read as follows: Sec. 2056.010. AGENCY CONFORMANCE TO STRATEGIC PLAN AND MANAGEMENT AND WORKFORCE SCORECARD APPROACH. The comptroller, the Sunset Advisory Commission, the state auditor, the Legislative Budget Board, or another agency that conducts performance audits of a state agency shall consider in the evaluation of an agency the extent to which the agency conforms to the agency's strategic plan and the management and workforce scorecard approach developed under Section 2056.0021. SECTION 7. Chapter 2056, Government Code, is amended by adding Section 2056.012 to read as follows: Sec. 2056.012. PERFORMANCE DATA ON INTERNET. A state agency that implements a management and workforce scorecard approach under Section 2056.0021 shall post the approach and any performance data relevant to the approach on its official Internet site on a quarterly basis. SECTION 8. (a) The following state agencies shall each develop and publish a management and workforce scorecard approach required under Section 2056.0021, Government Code, as amended by this Act, on the official Internet site of the agency not later than August 31, 2007, and include that approach in any strategic plans developed by the agency for the years 2007-2011: the Texas Building and Procurement Commission, the Texas Commission on Environmental Quality, the comptroller of public accounts, the Texas Department of Aging and Disability Services, the Department of Assistive and Rehabilitative Services, the Texas Department of Criminal Justice, the Health and Human Services Commission, the Texas Department of Insurance, the Department of Public Safety of the State of Texas, the Department of State Health Services, the Texas Department of Transportation, the Texas Education Agency, the Parks and Wildlife Department, the Texas Workers' Compensation Commission, the Texas Workforce Commission, and the Texas Youth Commission. (b) The following state agencies shall develop and publish a management and workforce scorecard approach required under Section 2056.0021, Government Code, as amended by this Act, on the official Internet site of the agency not later than December 1, 2007, and include that approach in any strategic plans developed by the agency for the years 2009-2013: the State Office of Administrative Hearings, the Department of Agriculture, the Texas Alcoholic Beverage Commission, the Texas Animal Health Commission, the Texas Department of Banking, the Texas School for the Blind and Visually Impaired, the Office of Court Administration of the Texas Judicial System, the Texas School for the Deaf, the Employees Retirement System of Texas, the General Land Office, the Texas Higher Education Coordinating Board, the Texas Historical Commission, the Texas Department of Housing and Community Affairs, the Department of Information Resources, the Texas State Library and Archives Commission, the Texas Department of Licensing and Regulation, the Texas Lottery Commission, the Texas State Board of Medical Examiners, the State Preservation Board, the Public Utility Commission of Texas, the Railroad Commission of Texas, the State Office of Risk Management, the office of secretary of state, the Teacher Retirement System of Texas, and the Texas Water Development Board. (c) A state agency not listed in Subsection (a) or (b) of this section shall publish a management and workforce scorecard approach on the official Internet site of the agency not later than August 31, 2008, and shall include that approach in any strategic plans developed by the agency for the years 2009-2013. SECTION 9. This Act takes effect September 1, 2005.