(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.     
     Source Note:        The provisions of this §800.101 adopted to be effective February 25, 2019, 44 TexReg 871