| (a) In any fiscal year, if the agency spends less of
the undedicated general revenue derived from nonfederal sources than
is appropriated to it by the general appropriations act, the agency
shall notify the comptroller of the savings before October 30 following
the end of the fiscal year in which the savings are realized.
(b) Upon verification of savings by the comptroller,
the agency may retain one-half of the verified amount of savings.
(c) The verified amount of savings may be spent only
on an activity or expense that does not:
(1) create new or expanded services; or
(2) require ongoing funding at a later date.
(d) Of the verified savings retained by the agency,
one-half:
(1) shall be used to make additional principal payments
for general obligation bonds issued by the agency or on behalf of
the agency by the Texas Public Finance Authority; or
(2) may be used to provide bonuses to a qualifying
employee or employees of the agency, as set forth in Texas Government
Code §2108.103(c)(2)(A) - (C), if there are no outstanding general
obligation bonds issued by the agency or on behalf of the agency by
the Texas Public Finance Authority.
(e) In determining whether savings have been realized,
the Agency's Finance department will consider the difference between
lapsed funds and verifiable savings that are based on proactive efforts
by an Agency employee or employees to reduce operational and other
costs to the Agency.
(f) If verified savings under this section are not
needed for other Agency priorities, the savings may be awarded as
bonuses as set out in Texas Government Code §2108.103(c)(2).
(g) The Agency's Finance department will notify the
Agency's executive director of the savings that may be distributed
to provide bonuses.
(h) The Agency's executive director may implement bonuses
in accordance with the tiered bonus structure, as set forth in Texas
Government Code §2108.103(d)(1) - (4). Before awarding the bonuses,
the executive director will:
(1) ensure that all financial obligations are met under
Texas Government Code §2108.103(c)(2); and
(2) verify that each employee who receives a bonus:
(A) is a current full-time equivalent employee of the
Commission;
(B) worked for the Commission as a full-time equivalent
employee for the entire fiscal year in which the savings were realized;
and
(C) is directly responsible for or worked in a department,
office, or other division within the Commission that is responsible
for the savings realized.
(i) Employees of the Agency who serve in an upper management
position are prohibited from receiving a bonus under this section.
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