By Raymond H.B. No. 733
75R9392 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the lease of certain state facilities.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 2165.203, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 2165.203. LEASE; FAIR MARKET VALUE. (a) In a
1-7 state-owned building that is under the commission's control and
1-8 that is used primarily for office space or vehicle parking for
1-9 state government, the commission may lease at fair market value
1-10 space to private tenants for commercial, cultural, educational, or
1-11 recreational activities.
1-12 (b) In offering space in a state-owned building that is
1-13 under the commission's control under this subchapter, the
1-14 commission may not include contract provisions that would tend to
1-15 diminish the value of the lease space of surrounding privately
1-16 owned buildings.
1-17 (c) The commission shall collect information on the
1-18 location, size, and type of space that is available for lease in
1-19 state-owned buildings under the control of the commission and
1-20 determine the feasibility of leasing available space to private
1-21 tenants.
1-22 SECTION 2. Subchapter E, Chapter 2165, Government Code, is
1-23 amended by adding Section 2165.2035 to read as follows:
1-24 Sec. 2165.2035. PILOT PROGRAM. (a) The commission shall
2-1 establish a pilot program to develop private, commercial uses for
2-2 state-owned parking lots and garages located in the city of Austin
2-3 in the area bordered by West Fourth Street, Lavaca Street, West
2-4 Third Street, and Nueces Street.
2-5 (b) The commission shall contract with a private vendor to
2-6 manage the commercial use of state-owned parking lots and garages.
2-7 (c) Money received from a lease under this program shall be
2-8 deposited to the credit of the general revenue fund.
2-9 (d) On or before December 1 of each even-numbered year, the
2-10 commission shall submit a report to the legislature and the
2-11 Legislative Budget Board describing the effectiveness of the pilot
2-12 program.
2-13 (e) The limitation on the amount of space allocated to
2-14 private tenants prescribed by Section 2165.205(b) does not apply to
2-15 the lease of a state-owned parking lot or garage under this
2-16 section.
2-17 (f) Any lease of a state-owned parking lot or garage under
2-18 this section must contain a provision that allows state employees
2-19 who work hours other than regular working hours under Section
2-20 658.005 to retain their parking privileges in a state-owned parking
2-21 lot or garage.
2-22 SECTION 3. Section 2165.205, Government Code, is amended to
2-23 read as follows:
2-24 Sec. 2165.205. LIMITATIONS ON AMOUNT, LOCATION, AND USE OF
2-25 LEASED SPACE. (a) [The commission may not lease space to a
2-26 private tenant for use as private office space unless the private
2-27 office space is related and incidental to another commercial,
3-1 cultural, educational, recreational, or child care activity of the
3-2 tenant in the building.]
3-3 [(b)] Except as provided by this subchapter and Chapter 663,
3-4 the commission or a state agency with charge and control of a state
3-5 building shall determine the amount of space in a building to be
3-6 allocated to private tenants and the types of activities in which
3-7 the tenants may engage according to the market for certain
3-8 activities among employees and visitors in the building and in the
3-9 vicinity of the building.
3-10 (b) [(c)] Except as provided by Section 2165.215, the amount
3-11 of space allocated to private tenants may not exceed 15 percent of
3-12 the total space in the building. Space leased to provide child
3-13 care services for state employees does not count toward the 15
3-14 percent maximum.
3-15 (c) The commission or a state agency with charge and control
3-16 of a state building may enter into a short-term lease for a period
3-17 not to exceed seven days with a private tenant for the use of
3-18 certain facilities, including conference rooms, meeting rooms,
3-19 auditoriums, and other similar facilities.
3-20 [(d) If the commission allocates space in a building to a
3-21 private tenant, it shall encourage the tenant to lease space with
3-22 street frontage or space in another area of heavy pedestrian
3-23 activity.]
3-24 SECTION 4. Section 2165.211, Government Code, is amended to
3-25 read as follows:
3-26 Sec. 2165.211. USE OF LEASE PROCEEDS. (a) Except as
3-27 provided by Subsections (b) and (c), money [Money] received from a
4-1 lease under Section 2165.203 or any other lease of a state-owned
4-2 building under the commission's control under this subchapter may
4-3 be used only for building and property services performed by the
4-4 commission.
4-5 (b) One-half of the money received by the commission or a
4-6 state agency with charge and control of a state building from a
4-7 lease under Section 2165.205(c) may be used only for building and
4-8 property services performed by the commission or the state agency.
4-9 (c) This section does not apply to a lease under Section
4-10 2165.2035.
4-11 SECTION 5. Subchapter E, Chapter 2165, Government Code, is
4-12 amended by adding Section 2165.216 to read as follows:
4-13 Sec. 2165.216. IMMUNITY FROM LIABILITY. Notwithstanding
4-14 Chapter 101, Civil Practice and Remedies Code, or any other law,
4-15 the commission is not liable for property damage, personal injury,
4-16 or death arising in connection with a lease of space to a private
4-17 tenant under this subchapter.
4-18 SECTION 6. Section 2166.102(c), Government Code, is amended
4-19 to read as follows:
4-20 (c) The master facilities plan must contain:
4-21 (1) a projection of the amount of space needed by
4-22 state agencies;
4-23 (2) an examination of the use, age, condition, and
4-24 economic life of state-owned buildings on the commission's
4-25 inventory;
4-26 (3) an analysis, in accordance with Subchapter D, of
4-27 projects that have been requested by state agencies;
5-1 (4) an examination of the extent to which the state
5-2 satisfies its need for space by leasing building space;
5-3 (5) an examination of state-paid operation and
5-4 maintenance costs, including costs for telecommunications services,
5-5 for existing buildings owned or leased by the state;
5-6 (6) a discussion of the economic and market conditions
5-7 affecting the costs of the construction or lease of buildings;
5-8 (7) an analysis of whether the state will benefit more
5-9 from satisfying its needs for space by:
5-10 (A) engaging in new projects;
5-11 (B) leasing built space; or
5-12 (C) satisfying its needs in another manner;
5-13 [and]
5-14 (8) an examination of the location, size, and type of
5-15 building space that is available for lease to private tenants;
5-16 (9) an examination of the extent to which the state
5-17 maximizes the use of existing buildings by leasing space to private
5-18 tenants; and
5-19 (10) other information relevant to the long-range plan
5-20 that is:
5-21 (A) considered appropriate by the commission; or
5-22 (B) requested in writing by the governor or the
5-23 presiding officer of either house of the legislature.
5-24 SECTION 7. The importance of this legislation and the
5-25 crowded condition of the calendars in both houses create an
5-26 emergency and an imperative public necessity that the
5-27 constitutional rule requiring bills to be read on three several
6-1 days in each house be suspended, and this rule is hereby suspended,
6-2 and that this Act take effect and be in force from and after its
6-3 passage, and it is so enacted.