BILL ANALYSIS

H.B. 1495

By: Guerra

State Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Civic organizations and performing artists are losing their meeting and practice spaces, studios, and performance venues because they are too expensive to maintain and operate. Many state‑owned facilities, especially universities, have large spaces that are often unoccupied that these civic organizations and artists could lease to meet their needs, which could also help generate revenue for the state. H.B. 1495 seeks to provide for the evaluation of the feasibility of leasing spaces in or on the property of a state agency or public institution of higher education to artists for the practice and performance of their arts.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1495 requires the Texas Facilities Commission (TFC) and the Texas Higher Education Coordinating Board (THECB) to each conduct a study in collaboration with the Texas Commission on the Arts to assess the feasibility of leasing to artists for the practice and performance of their arts available spaces in state agency buildings or on state agency property or in buildings or property of public institutions of higher education in Texas, as applicable. The bill sets out certain considerations each agency must make in conducting their respective studies and requires each study to identify the following:

· the criteria used to determine the feasibility of leasing each space identified as available for lease;

· the measures instituted to avoid viewpoint bias or other possible biases in the selection of a lease holder;

· the authorized uses of lease income by state agencies or public institutions of higher education to benefit each agency or institution offering space for lease, as applicable; and

· the reasons a state agency or public institution of higher education would be authorized to decline to lease space at the agency or institution, as applicable.

H.B. 1495 requires TFC and the THECB, not later than December 2, 2024, to submit a report to each member of the legislature that includes the results of the studies and any recommendations related to the studies and statutory changes necessary to authorize leasing space to artists for the practice and performance of their arts at state agencies and public institutions of higher education. The bill's provisions expire September 1, 2025.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2023.