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.