SRC-JFA H.B. 733 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 733
By: Raymond (Shapleigh)
Finance
5-2-97
Engrossed


DIGEST 

Currently, state law prohibits the use of most state property for
non-state purposes.  This prohibition prevents most agencies from taking
advantage of opportunities to generate non-tax revenue by leasing
underutilized facilities.  This bill would establish a pilot program to
develop private, commercial uses for state-owned parking lots and garages
in the city of Austin near areas where entertainment businesses are
concentrated.   

PURPOSE

As proposed, H.B. 733 establishes a pilot program to develop private,
commercial uses for stateowned parking lots and garages in the city of
Austin near areas where entertainment businesses are conducted.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 2165.203, Government Code, to prohibit the
General Services Commission (commission), in offering space in a
state-owned building that is under the commission's control under this
subchapter, from including contract provisions that would tend to diminish
the value of the lease space of surrounding privately owned buildings.
Requires the commission to collect information on the location, size, and
type of space that is available for lease in state-owned buildings under
the control of the commission and determine the feasibility of leasing
available space to private tenants.  Makes a conforming change.   

SECTION 2. Amends Chapter 2165E, Government Code, by adding Section
2165.2035, as follows: 

Sec. 2165.2035.  PILOT PROGRAM.  Requires the commission to establish a
pilot program to develop private, commercial uses for state-owned parking
lots and garages located in the city of Austin in the area bordered by
West Fourth Street, Lavaca Street, West Third Street, and Nueces Street.
Requires the commission to contract with a private vendor to manage the
commercial use of state-owned parking lots and garages.  Requires money
received from a lease under this program to be deposited to the credit of
the general revenue fund.  Requires the commission, on or before December
1 of each even-numbered year, to submit a report to the legislature and
the Legislative Budget Board describing the effectiveness of the pilot
program.  Provides that the limitation on the amount of space allocated to
private tenants prescribed by Section 2165.205(b) does not apply to the
lease of a state-owned parking lot or garage under this section.  Requires
any lease of a state-owned parking lot or garage under this section to
contain a provision that allows state employees who work hours other than
regular working hours under Section 658.005 to retain their parking
privileges in a stateowned parking lot or garage.   

SECTION 3. Amends Section 2165.205, Government Code, to delete existing
Subsection (a), prohibiting the commission from performing certain
actions.  Requires a state agency with charge and control of a state
building, among others, to determine the amount of space in a building to
be allocated to private tenants and the types of activities in which the
tenants may engage according to  the market for certain activities among
employees and visitors in the building and in the vicinity of the
building, except as provided by this subchapter and Chapter 663.
Authorizes the commission or a state agency with charge and control of a
state building entering into a short-term lease for a period not to exceed
seven days with a private tenant for the use of certain facilities,
including conference rooms, meeting rooms, auditoriums, and other similar
facilities.  Deletes existing Subsection (d) relating to the commission
allocating space in a building to a private tenant.  Makes conforming
changes.     

SECTION 4. Amends Section 2165.211, Government Code, to authorize money
received from a lease under Section 2165.203 or any other lease of a
state-owned building under the commission's control under this subchapter,
except as provided by Subsections (b) and (c), to be used only for
building and property services performed by the commission.  Authorizes
one-half of the money received by the commission or a state agency with
charge and control of a state building from a lease under Section
2165.205(c) to be used only for building and property services performed
by the commission or the state agency.  Provides that this section does
not apply to a lease under Section 2165.2035.   

SECTION 5. Amends Chapter 2165E, Government Code, by adding Section
2165.216, as follows: 

Sec. 2165.216.  IMMUNITY FROM LIABILITY.  Provides that notwithstanding
Chapter 101, Civil Practice and Remedies Code, or any other law, the
commission is not liable for property damage, personal injury, or death
arising in connection with a lease of space to a private tenant under this
subchapter.   

SECTION 6. Amends Section 2166.102(c), Government Code, to require the
master facilities plan to contain, among other items, an examination of
the location, size, and type of building space that is available for lease
to private tenants; and an examination of the extent to which the state
maximizes the use of existing buildings by leasing space to private
tenants.  Makes conforming changes.   

SECTION 7. Emergency clause.
  Effective date: upon passage.