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A BILL TO BE ENTITLED
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AN ACT
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relating to studies of buildings and facilities owned, leased, or |
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otherwise occupied by this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 2165, Government Code, is amended by |
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adding Subchapter C-1 to read as follows: |
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SUBCHAPTER C-1. STUDY OF SPACE BY LEGISLATIVE BUDGET BOARD |
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Sec. 2165.121. DEFINITION. In this subchapter, "state |
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agency" includes a legislative agency. |
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Sec. 2165.122. STUDY. Not later than September 1, 2024, and |
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the September 1 occurring every six years after that date, the |
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Legislative Budget Board shall study and report to the legislature: |
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(1) how much money the state is spending on leased |
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space for state agencies; |
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(2) the possibilities of moving personnel out of |
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leased space into existing state-owned space; |
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(3) any efficiencies or cost savings that may be |
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achieved by consolidating personnel and resources into existing |
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state-owned space; |
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(4) any efficiencies or cost savings that may be |
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achieved by consolidating personnel and resources into existing |
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leased space, if no state-owned space is available; |
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(5) the impact of any consolidation described by |
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Subdivisions (3) and (4) on the state's insurable assets; and |
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(6) the potential benefits of maintaining a |
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comprehensive, regularly updated database of all buildings and |
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facilities owned, leased, or otherwise occupied by the state. |
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Sec. 2165.123. IDENTIFICATION OF CONSOLIDATION |
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OPPORTUNITIES. Based on a report required by Section 2165.122, each |
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state agency shall identify opportunities for the consolidation of |
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personnel and resources into space owned by this state, or if |
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state-owned space is not available, into space leased by this |
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state. |
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SECTION 2. (a) In this section, "institution of higher |
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education" has the meaning assigned by Section 61.003, Education |
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Code. |
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(b) The Legislative Budget Board shall conduct an interim |
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study on the buildings and facilities owned, leased, or otherwise |
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occupied by this state and develop a statewide strategy to ensure |
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that the buildings and facilities are adequately utilized. The |
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Legislative Budget Board may delegate any authority granted to the |
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board under this section that the board determines necessary to |
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conduct the interim study under this section. |
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(c) The Legislative Budget Board shall collect the |
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information required by this section from each state agency and |
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institution of higher education that has charge and control of a |
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building or facility and require each agency and institution to |
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submit the information to the board by a date prescribed by the |
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board. The board shall coordinate with the following entities to |
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collect the information: |
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(1) the comptroller of public accounts; |
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(2) the state auditor's office; |
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(3) the State Office of Risk Management; |
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(4) the General Land Office; |
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(5) the Texas Facilities Commission; |
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(6) the Texas Higher Education Coordinating Board; and |
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(7) any other state agency. |
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(d) For each building or facility owned, leased, or |
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otherwise occupied, solely or in part, by a state agency other than |
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an institution of higher education, the Legislative Budget Board or |
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a state agency designated by the board shall obtain the following |
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information: |
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(1) the name of the state agency that has charge and |
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control of the building or facility; |
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(2) whether the building or facility is owned or |
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leased, solely or in part, by the state agency, or if not owned or |
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leased, the arrangement under which the building or facility is |
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otherwise occupied; |
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(3) the name or number of the building or facility; |
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(4) the address and geographic coordinates of the |
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building or facility; |
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(5) the number of stories and the total square footage |
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of the building or facility; |
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(6) the amount of available square footage in the |
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building or facility for working personnel, the storage of |
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resources, or any other useable purpose identified by the agency; |
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(7) the amount of square footage used in the building |
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or facility for a purpose described by Subdivision (6) of this |
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subsection, expressed as a percent of the total square footage; |
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(8) if the building or facility changed occupants on |
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or after December 31, 2019: |
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(A) with respect to a new occupant: |
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(i) the location formerly occupied; |
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(ii) the amount of square footage used at |
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the formerly occupied location; and |
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(iii) the amount of square footage used at |
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the building or facility; and |
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(B) with respect to a former occupant: |
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(i) the location to which the former |
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occupant moved; |
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(ii) the amount of square footage formerly |
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used at the building or facility; and |
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(iii) the amount of square footage used at |
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the newly occupied location; |
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(9) a description of the continuity of government |
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operation plans to conduct business in alternate sites in the event |
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of a disaster or other emergency; and |
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(10) the average monthly utility expenses for the |
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building or facility during the previous 12 months. |
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(e) The Legislative Budget Board or a state agency |
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designated by the board shall collect the real property data of an |
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institution of higher education from the Texas Higher Education |
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Coordinating Board, as the data is reported to that board, |
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including, for each building or facility owned, leased, or |
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otherwise occupied by the institution: |
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(1) the name of the institution that has charge and |
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control of the building or facility, including the number assigned |
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to the institution by the Federal Interagency Committee on |
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Education; |
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(2) whether the building or facility is owned or |
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leased, solely or in part, by the institution, or if not owned or |
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leased, the arrangement under which the building or facility is |
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otherwise occupied; |
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(3) the name or number of the building or facility; |
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(4) the address and geographic coordinates of the |
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building or facility; |
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(5) the number of stories and the total square footage |
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of the building or facility; |
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(6) the amount of available square footage in the |
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building or facility for working personnel, the storage of |
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resources, or any other useable purpose identified by the |
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institution; |
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(7) the amount of square footage used in the building |
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or facility for a purpose described by Subdivision (6) of this |
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subsection, expressed as a percent of the total square footage; |
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(8) if the building or facility changed occupants on |
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or after December 31, 2019: |
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(A) with respect to a new occupant: |
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(i) the location formerly occupied; |
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(ii) the amount of square footage used at |
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the formerly occupied location; and |
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(iii) the amount of square footage used at |
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the building or facility; and |
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(B) with respect to a former occupant: |
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(i) the location to which the former |
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occupant moved; |
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(ii) the amount of square footage formerly |
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used at the building or facility; and |
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(iii) the amount of square footage used at |
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the newly occupied location; |
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(9) a description of the continuity of government |
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operation plans to conduct business in alternate sites in the event |
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of a disaster or other emergency; and |
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(10) the average monthly utility expenses for the |
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building or facility during the previous 12 months. |
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(f) On request by the Legislative Budget Board, the Texas |
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Facilities Commission shall provide clarifying information under |
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Subsections (d) and (e) of this section, including information on |
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buildings that house multiple state agencies and other related |
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matters. The Texas Facilities Commission shall provide the |
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information to the Legislative Budget Board by the date prescribed |
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by the board. |
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(g) On request by the Texas Facilities Commission or the |
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State Office of Risk Management, a state agency shall provide the |
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agency's telework policies to the entity requesting the |
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information. The Texas Facilities Commission and the State Office |
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of Risk Management shall coordinate to reduce duplication of |
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efforts. |
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(h) Not later than June 1, 2024, the Legislative Budget |
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Board or a state agency designated by the board shall consolidate |
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the information collected under Subsections (d), (e), and (f) of |
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this section and enter the information into a single database |
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accessible by a member of the legislature or the member's designee |
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or the executive head of a state agency or institution of higher |
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education or the executive head's designee. |
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(i) The Legislative Budget Board shall conduct the study |
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required by Subsection (b) of this section and report the board's |
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findings and recommendations to the legislature not later than |
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September 1, 2024. The report must include a statewide strategy |
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that will ensure all property owned, leased, or otherwise occupied |
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by the state is adequately utilized. |
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(j) The Legislative Budget Board, State Office of Risk |
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Management, and Texas Facilities Commission shall produce maps |
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identifying the locations of the buildings and facilities owned, |
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leased, or otherwise occupied by state agencies and institutions of |
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higher education across this state. |
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(k) The information collected and produced under this |
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section is excepted from disclosure under Sections 552.021 and |
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552.156, Government Code, and Sections 412.0128 and 412.054, Labor |
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Code. |
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(l) The Legislative Budget Board may consolidate the study |
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and report required by this section with any report required of the |
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board by law regarding the allocation and use of space by state |
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agencies. |
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(m) Based on the report required by this section, each |
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state agency shall identify opportunities for the consolidation of |
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personnel and resources into space owned by this state, or if |
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state-owned space is not available, into space leased by this |
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state. |
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(n) This section expires September 1, 2025. |
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SECTION 3. Based on information collected and published by |
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the Legislative Budget Board as described by this Act or any |
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findings or recommendations by an entity conducting a study under |
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this Act, each state agency shall identify opportunities for the |
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consolidation of personnel and resources into space owned by this |
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state, or if state-owned space is not available, into space leased |
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by this state. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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