By Smithee                                            H.B. No. 1346
       74R2461 JRD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to procedures for leasing space for state agencies.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Article 6, State Purchasing and General Services
    1-5  Act (Article 601b, Vernon's Texas Civil Statutes), is amended by
    1-6  adding Sections 6.045 and 6.046 to read as follows:
    1-7        Sec. 6.045.  DETERMINATION BY COUNCIL ON COMPETITIVE
    1-8  GOVERNMENT; LEASING BY COUNCIL.  (a) Before the commission may
    1-9  begin the process of leasing space for a state agency in the Austin
   1-10  area, including the process of renewing an existing lease in the
   1-11  Austin area, the commission must forward the agency's request for
   1-12  space to the State Council on Competitive Government.
   1-13        (b)  The council shall determine whether it is necessary for
   1-14  the space to be located in the Austin area.  The state agency shall
   1-15  provide the council the information the council requests in making
   1-16  the council's determination.
   1-17        (c)  If the council determines that it is not necessary for
   1-18  the space to be located in the Austin area, the council shall:
   1-19              (1)  begin the process of obtaining bids or proposals
   1-20  for space available for lease that is located in other
   1-21  municipalities; or
   1-22              (2)  direct the commission to begin the process of
   1-23  obtaining bids or proposals for space available for lease that is
   1-24  located in other municipalities.
    2-1        (d)  The council may:
    2-2              (1)  award a lease contract under Subsection (c)(1) or
    2-3  (2) of this section;
    2-4              (2)  direct that the commission award a lease contract
    2-5  to the offeror making the best proposal under Subsection (c)(2) of
    2-6  this section and Section 6.051 of this Act; or
    2-7              (3)  direct that a lease contract be awarded to the
    2-8  offeror making the lowest and best bid under Subsection (c)(2) of
    2-9  this section and in accordance with Section 6.05(d) of this Act.
   2-10        (e)  If two bids are tied for the lowest and best bid or two
   2-11  proposals are tied for the best proposal, the council, the
   2-12  commission under Section 6.051 of this Act, or the commission or
   2-13  governor under Section 6.05(d) of this Act, as appropriate, shall
   2-14  give preference to a bid or proposal that includes economic
   2-15  incentives offered by a municipality, county, or industrial or
   2-16  economic development corporation.
   2-17        Sec. 6.046.  LEASING SPACE FOR STATE AGENCY REGIONAL OFFICES.
   2-18  A state agency must begin the process of leasing space for a
   2-19  regional office, including the process of renewing an existing
   2-20  lease for a regional office, by certifying to the State Council on
   2-21  Competitive Government the municipalities in which it would be
   2-22  feasible to locate the office.  The council shall then direct the
   2-23  process of obtaining the leased space in the manner prescribed by
   2-24  Section 6.045 of this Act.
   2-25        SECTION 2.  Section 6.111, State Purchasing and General
   2-26  Services Act (Article 601b, Vernon's Texas Civil Statutes), is
   2-27  amended to read as follows:
    3-1        Sec. 6.111.  Delegation of Authority to Institutions of
    3-2  Higher Education.  The commission may delegate to an institution of
    3-3  higher education the authority to enter into space lease contracts
    3-4  financed from sources other than funds appropriated from general
    3-5  revenue, provided that an institution of higher education may not
    3-6  enter a lease contract under this section unless it complies with
    3-7  the provisions of Article 9102, Revised Statutes, concerning
    3-8  architectural barriers.  The institution must begin the process of
    3-9  leasing space under this section, including the process of renewing
   3-10  an existing lease, by forwarding a summary of its space needs to
   3-11  the State Council on Competitive Government.  Unless the space must
   3-12  be located in a particular location, the council shall direct the
   3-13  process of obtaining the leased space, by the council or by the
   3-14  institution, in the manner prescribed by Section 6.045 of this Act.
   3-15        SECTION 3.  This Act takes effect September 1, 1995.
   3-16        SECTION 4.  The importance of this legislation and the
   3-17  crowded condition of the calendars in both houses create an
   3-18  emergency and an imperative public necessity that the
   3-19  constitutional rule requiring bills to be read on three several
   3-20  days in each house be suspended, and this rule is hereby suspended.