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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority over certain real property by the Texas |
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Facilities Commission. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 2166.052, Government Code, is amended by |
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amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(a) The commission, as provided by law and by legislative |
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appropriation, may: |
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(1) acquire necessary real and personal property and |
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modernize, remodel, build, or equip buildings for state purposes; |
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and |
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(2) contract as necessary to accomplish these |
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purposes. |
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(b) The commission may not sell or otherwise dispose of real |
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property of the state located in the Capitol Complex as defined by |
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Section 411.061 (a) (1) Government Code, except by specific |
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authority: |
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(1) granted by the legislature if the legislature is |
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in session; or |
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(2) granted jointly by the governor and the |
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Legislative Budget Board if the legislature is not in session. |
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(c) The commission may enter into a contract with the City |
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of Austin to govern the transfer, sale, or exchange of real property |
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and interests in real property, including the vacation of street |
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rights-of-way, easements, and other interests, as necessary or |
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advantageous to both parties. The agreement may provide for the |
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transfer, sale, or exchange by one party in favor of the other for a |
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reasonable value established by the parties and may provide for a |
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transfer, sale, or exchange to be credited against future property |
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or interests to be transferred, sold, or exchanged between the |
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parties. Section 272.001, Local Government Code, does not apply to |
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a transaction governed by this section. |
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(d) the commission may lease real property, including |
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improvements. |
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(e) The commission may not sell or otherwise dispose of real |
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property of the state, not located in the Capitol Complex except by |
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specific authority: |
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(1) granted by the legislature if the legislature is |
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in session; or |
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(2) through formal notification of the governor and |
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the Legislative Budget Board if the legislature is not in session. |
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(A) The commission, when contemplating a sale of |
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real property, shall submit to the governor and legislative budget |
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board, a formal notification of their intent. The governor may |
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provide written notice of disapproval under this section not later |
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than the 90th day after the governor receives the written |
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notification. |
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(B) The commission shall send a copy of any |
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formal notification, of the intent to sell real property to the |
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state senator and state representative where the property is |
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located, on any formal notification to the governor of intent to |
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sell real property. |
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(f) If requested by the commission, the General Land Office |
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shall negotiate and close a sale of real property under this section |
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on behalf of the commission using procedures under Section |
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31.158(c), Natural Resources Code, except that the General Land |
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Office is not required to offer the School Land Board the first |
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option to purchase the real property. |
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(g) The grant of an interest in real property owned by the |
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state under this section must be conveyed by an instrument signed by |
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the executive director of the commission and the by the governor. |
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(h) revenue from the lease, sale, or other disposition of |
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real property under this section shall be deposited into the Texas |
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Capital Trust Fund and shall be dedicated to the acquisition, |
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construction, repair, and improvement of facilities. |
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(i) reasonable expenses related to conducting a real estate |
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transaction under this section, including the payment of brokerage |
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fees, may be deducted from the proceeds of the transaction before |
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the proceeds are deposited to the Texas Capital Trust Fund. |
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SECTION 2. This Act takes effect September 1, 2019. |