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A BILL TO BE ENTITLED
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AN ACT
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relating to a study on leasing state property for private use. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITIONS. In this Act: |
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(1) "Board" means the Texas Higher Education |
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Coordinating Board. |
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(2) "Commission" means the Texas Facilities |
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Commission. |
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(3) "Space" means a room, conference room, hall, |
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stage, dance studio, rehearsal space, or other area in a state |
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building or on state property. |
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SECTION 2. STUDY REGARDING LEASED SPACE OF STATE AGENCIES. |
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(a) In collaboration with the Texas Commission on the Arts, the |
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commission shall conduct a study to assess the feasibility of |
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leasing to artists for the practice and performance of their arts |
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available spaces in state agency buildings or on state agency |
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property. |
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(b) In conducting the study, the commission shall consider: |
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(1) the types of spaces in state agency buildings or on |
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state agency property that are appropriate for leasing; |
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(2) the location of each building or property with a |
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space identified as potentially available for lease; |
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(3) the times each identified space would be available |
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for lease; |
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(4) the persons to whom each identified space may be |
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leased; |
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(5) any disadvantages to leasing each identified |
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space, including sensitive surroundings or information that may be |
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at risk during the lease; |
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(6) the fair market value for leasing each identified |
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space; |
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(7) any tax implications for accepting a lease payment |
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from a private business for private use of each identified space; |
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(8) the use limitations that may need to be included in |
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a lease agreement for each identified space; |
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(9) security measures that hinder or enhance the |
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availability or value of each identified space; and |
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(10) any other issue that would negatively impact or |
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prohibit leasing each identified space. |
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(c) The study must identify: |
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(1) the criteria used to determine the feasibility of |
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leasing each space identified as available for lease; |
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(2) the measures instituted to avoid viewpoint bias or |
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other possible biases in the selection of a lease holder; |
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(3) the authorized uses of lease income by state |
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agencies to benefit each agency offering space for lease; and |
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(4) the reasons a state agency would be authorized to |
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decline to lease space at the agency. |
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SECTION 3. STUDY REGARDING LEASED SPACE OF PUBLIC |
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INSTITUTIONS OF HIGHER EDUCATION. (a) In collaboration with the |
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Texas Commission on the Arts, the board shall conduct a study to |
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assess the feasibility of leasing to artists for the practice and |
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performance of their arts available spaces in buildings or property |
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of public institutions of higher education in this state. |
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(b) In conducting the study, the board shall consider: |
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(1) the types of spaces in buildings or on property of |
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public institutions of higher education that are appropriate for |
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leasing; |
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(2) the location of each building or property with a |
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space identified as potentially available for lease; |
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(3) the times each identified space would be available |
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for lease; |
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(4) the persons to whom each identified space may be |
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leased; |
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(5) any disadvantages to leasing each identified |
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space, including sensitive surroundings or information that may be |
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at risk during the lease; |
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(6) the fair market value for leasing each identified |
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space; |
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(7) any tax implications for accepting a lease payment |
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from a private business for private use of each identified space; |
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(8) the use limitations that may need to be included in |
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a lease agreement for each identified space; |
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(9) security measures that hinder or enhance the |
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availability or value of each identified space; and |
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(10) any other issue that would negatively impact or |
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prohibit leasing each identified space. |
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(c) The study must identify: |
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(1) the criteria used to determine the feasibility of |
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leasing each space identified as available for lease; |
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(2) the measures instituted to avoid viewpoint bias or |
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other possible biases in the selection of a lease holder; |
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(3) the authorized uses of lease income by public |
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institutions of higher education to benefit each institution |
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offering space for lease; and |
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(4) the reasons a public institution of higher |
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education would be authorized to decline to lease space at the |
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institution. |
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SECTION 4. REPORT TO LEGISLATURE. Not later than December |
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2, 2022, the commission and board shall submit a report to each |
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member of the legislature that includes the results of the studies |
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conducted under Sections 2 and 3 of this Act and any recommendations |
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of the commission and board related to the studies and statutory |
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changes necessary to authorize leasing space to artists for the |
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practice and performance of their arts at state agencies and public |
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institutions of higher education. |
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SECTION 5. EXPIRATION. This Act expires September 1, 2023. |
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SECTION 6. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2021. |