H.B. No. 982
 
 
 
 
AN ACT
  relating to the administration of "pay for success" contracts for
  state agencies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 403.110(c), (e), and (f), Government
  Code, are amended to read as follows:
         (c)  The trust fund consists of money gifted, granted,
  donated, or appropriated for deposit to the credit of the trust fund
  and any interest or other earnings attributable to the trust fund.
  The comptroller shall hold money credited to the trust fund for use
  only for payments due in accordance with success contract terms and
  expenses incurred in administering the trust fund or in
  administering the success contracts for which the trust fund is
  established. The balance of the trust fund may not exceed $50
  million at any time. The comptroller may establish in the trust fund
  one or more accounts to administer money for a particular success
  contract for which money has been credited to the trust fund.
         (e)  A contract executed under this section is not
  enforceable until [The comptroller and a state agency may not
  finally execute a proposed success contract under this section
  unless]:
               (1)  the state agency and the Legislative Budget Board
  certify that the proposed contract is expected to result in
  significant performance improvements and significant budgetary
  savings for the state agency or agencies party to the contract if
  the performance targets are achieved; and
               (2)  a grantor or donor has gifted, granted, or
  donated, or the legislature has appropriated for deposit to the
  credit of the trust fund, contingent on the execution of the
  contract, an amount of money necessary to administer the contract
  and make all payments that may become due under the contract over
  the effective period of the contract.
         (f)  The comptroller shall make the contract payments for the
  success contracts only from the trust fund and only in accordance
  with the terms of the success contracts. The comptroller shall
  deposit to the credit of the trust fund any money the comptroller
  recovers from a contractor for overpayment or for a penalty or other
  amount recoverable under the terms of a success contract and shall
  hold the money in the trust fund in the same manner as the money held
  for payments for the success contract. To the extent that any money
  credited to the trust fund for a particular success contract
  remains unpaid at the time the particular contract expires or is
  terminated, as soon after the contract expiration as is
  practicable, the comptroller shall return the unpaid amount to the
  grantor, donor, or state treasury fund or account from which the
  money was gifted, granted, donated, or appropriated.
         SECTION 2.  This Act takes effect September 1, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 982 was passed by the House on April
  17, 2019, by the following vote:  Yeas 132, Nays 3, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 982 was passed by the Senate on May 8,
  2019, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor