81R1505 BEF-D
 
  By: Brown of Brazos H.B. No. 213
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the amount and disposition of funds retained by a state
  agency under the savings incentive program for state agencies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2108.103, Government Code, is amended to
  read as follows:
         Sec. 2108.103.  RETENTION OF FUNDS.  (a)  The affected
  agency retains [one-fourth of] the full amount of savings verified
  by the comptroller [, not to exceed one percent of the amount of
  undedicated general revenue derived from nonfederal sources
  appropriated to the agency for the fiscal year in which the savings
  are realized].
         (b)  Savings retained under this section may only be
  appropriated by the legislature to the affected agency.
         (c)  The administrative head of the agency shall determine
  how to spend the savings. The agency may spend the savings only on
  an activity or expense that [does not]:
               (1)  does not create new or expanded services;  [or]
               (2)  does not require ongoing funding at a later date;
  and
               (3)  the administrative head of the agency determines
  will enhance the agency's ability to perform the agency's duties.
         (d)  The agency may spend the savings on one-time merit
  payments to employees in accordance with Section 659.255.
         SECTION 2.  The changes in law made by this Act to Section
  2108.103, Government Code, apply beginning with savings made during
  the fiscal year ending August 31, 2010.
         SECTION 3.  This Act takes effect September 1, 2009.