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.