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 2165.004, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 2165.004. LEASE OF SPACE TO PUBLIC TENANTS IN [CERTAIN]
1-7 STATE-OWNED BUILDINGS. (a) The commission or a state agency with
1-8 charge and control of a state building may enter into a lease
1-9 agreement with a department, commission, board, agency, or other
1-10 instrumentality of the state, a political subdivision of the state,
1-11 or the federal government or its instrumentalities for space in the
1-12 [an office] building [subject to Chapter 2166]. Except as provided
1-13 by Subchapter E or other law, the commission may not lease space in
1-14 a state office [the] building to an individual, private
1-15 corporation, association, partnership, or other private interest.
1-16 (b) The commission or a state agency with charge and control
1-17 of a state building may adopt rules necessary to implement this
1-18 section.
1-19 (c) In this section, "political subdivision" includes a
1-20 county, municipality, school district, water or irrigation
1-21 district, hospital district, council of governments, or regional
1-22 planning commission.
1-23 SECTION 2. Section 2165.203, Government Code, is amended to
1-24 read as follows:
2-1 Sec. 2165.203. LEASE; FAIR MARKET VALUE. (a) In a
2-2 state-owned building that is under the commission's control and
2-3 that is used primarily for office space or vehicle parking for
2-4 state government, the commission may lease at fair market value
2-5 space to private tenants for commercial, cultural, educational, or
2-6 recreational activities.
2-7 (b) In offering space in a state-owned building that is
2-8 under the commission's control under this subchapter, the
2-9 commission may not include contract provisions that would tend to
2-10 diminish the value of the lease space of surrounding privately
2-11 owned buildings.
2-12 (c) The commission shall collect information on the
2-13 location, size, and type of space that is available for lease in
2-14 state-owned buildings under the control of the commission and
2-15 determine the feasibility of leasing available space to private
2-16 tenants.
2-17 SECTION 3. Subchapter E, Chapter 2165, Government Code, is
2-18 amended by adding Section 2165.2035 to read as follows:
2-19 Sec. 2165.2035. PILOT PROGRAM. (a) The commission shall
2-20 establish a pilot program to develop private, commercial uses for
2-21 state-owned parking lots and garages located in the city of Austin
2-22 in the area bordered by West Fourth Street, Lavaca Street, West
2-23 Third Street, and Nueces Street.
2-24 (b) The commission shall contract with a private vendor to
2-25 manage the commercial use of state-owned parking lots and garages.
2-26 (c) Money received from a lease under this program shall be
2-27 deposited to the credit of the general revenue fund.
3-1 (d) On or before December 1 of each even-numbered year, the
3-2 commission shall submit a report to the legislature and the
3-3 Legislative Budget Board describing the effectiveness of the pilot
3-4 program.
3-5 (e) The limitation on the amount of space allocated to
3-6 private tenants prescribed by Section 2165.205(b) does not apply to
3-7 the lease of a state-owned parking lot or garage under this
3-8 section.
3-9 (f) Any lease of a state-owned parking lot or garage under
3-10 this section must contain a provision that allows state employees
3-11 who work hours other than regular working hours under Section
3-12 658.005 to retain their parking privileges in a state-owned parking
3-13 lot or garage.
3-14 SECTION 4. Section 2165.205, Government Code, is amended to
3-15 read as follows:
3-16 Sec. 2165.205. LIMITATIONS ON AMOUNT, LOCATION, AND USE OF
3-17 LEASED SPACE. (a) [The commission may not lease space to a
3-18 private tenant for use as private office space unless the private
3-19 office space is related and incidental to another commercial,
3-20 cultural, educational, recreational, or child care activity of the
3-21 tenant in the building.]
3-22 [(b)] Except as provided by this subchapter and Chapter 663,
3-23 the commission or a state agency with charge and control of a state
3-24 building shall determine the amount of space in a building to be
3-25 allocated to private tenants and the types of activities in which
3-26 the tenants may engage according to the market for certain
3-27 activities among employees and visitors in the building and in the
4-1 vicinity of the building.
4-2 (b) [(c)] Except as provided by Section 2165.215, the amount
4-3 of space allocated to private tenants may not exceed 15 percent of
4-4 the total space in the building. Space leased to provide child
4-5 care services for state employees does not count toward the 15
4-6 percent maximum.
4-7 (c) The commission or a state agency with charge and control
4-8 of a state building may enter into a short-term lease for a period
4-9 not to exceed seven days with a private tenant for the use of
4-10 certain facilities, including conference rooms, meeting rooms,
4-11 auditoriums, and other similar facilities.
4-12 [(d) If the commission allocates space in a building to a
4-13 private tenant, it shall encourage the tenant to lease space with
4-14 street frontage or space in another area of heavy pedestrian
4-15 activity.]
4-16 SECTION 5. Section 2165.211, Government Code, is amended to
4-17 read as follows:
4-18 Sec. 2165.211. USE OF LEASE PROCEEDS. (a) Except as
4-19 provided by Subsections (b) and (c), money [Money] received from a
4-20 lease under Section 2165.203 or any other lease of a state-owned
4-21 building under the commission's control under this subchapter may
4-22 be used only for building and property services performed by the
4-23 commission.
4-24 (b) One-half of the money received by the commission or a
4-25 state agency with charge and control of a state building from a
4-26 lease under Section 2165.205(c) may be used only for building and
4-27 property services performed by the commission or the state agency.
5-1 (c) This section does not apply to a lease under Section
5-2 2165.2035.
5-3 SECTION 6. Subchapter E, Chapter 2165, Government Code, is
5-4 amended by adding Section 2165.216 to read as follows:
5-5 Sec. 2165.216. IMMUNITY FROM LIABILITY. Notwithstanding
5-6 Chapter 101, Civil Practice and Remedies Code, or any other law,
5-7 the commission is not liable for property damage, personal injury,
5-8 or death arising in connection with a lease of space to a private
5-9 tenant under this subchapter.
5-10 SECTION 7. Section 2166.102(c), Government Code, is amended
5-11 to read as follows:
5-12 (c) The master facilities plan must contain:
5-13 (1) a projection of the amount of space needed by
5-14 state agencies;
5-15 (2) an examination of the use, age, condition, and
5-16 economic life of state-owned buildings on the commission's
5-17 inventory;
5-18 (3) an analysis, in accordance with Subchapter D, of
5-19 projects that have been requested by state agencies;
5-20 (4) an examination of the extent to which the state
5-21 satisfies its need for space by leasing building space;
5-22 (5) an examination of state-paid operation and
5-23 maintenance costs, including costs for telecommunications services,
5-24 for existing buildings owned or leased by the state;
5-25 (6) a discussion of the economic and market conditions
5-26 affecting the costs of the construction or lease of buildings;
5-27 (7) an analysis of whether the state will benefit more
6-1 from satisfying its needs for space by:
6-2 (A) engaging in new projects;
6-3 (B) leasing built space; or
6-4 (C) satisfying its needs in another manner;
6-5 [and]
6-6 (8) an examination of the location, size, and type of
6-7 building space that is available for lease to private tenants;
6-8 (9) an examination of the extent to which the state
6-9 maximizes the use of existing buildings by leasing space to private
6-10 tenants; and
6-11 (10) other information relevant to the long-range plan
6-12 that is:
6-13 (A) considered appropriate by the commission; or
6-14 (B) requested in writing by the governor or the
6-15 presiding officer of either house of the legislature.
6-16 SECTION 8. The importance of this legislation and the
6-17 crowded condition of the calendars in both houses create an
6-18 emergency and an imperative public necessity that the
6-19 constitutional rule requiring bills to be read on three several
6-20 days in each house be suspended, and this rule is hereby suspended,
6-21 and that this Act take effect and be in force from and after its
6-22 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 733 was passed by the House on April
30, 1997, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 733 on May 23, 1997, by the following
vote: Yeas 140, Nays 0, 1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 733 was passed by the Senate, with
amendments, on May 21, 1997, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor