By Raymond                                       H.B. No. 733

      75R2846 MLS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the lease of certain state facilities.


 1-4           SECTION 1.  Subchapter E, Chapter 2165, Government Code, is

 1-5     amended by adding Section 2165.2035 to read as follows:

 1-6           Sec. 2165.2035.  PILOT PROGRAM.  (a)  The commission shall

 1-7     establish a pilot program to develop private, commercial uses for

 1-8     state-owned parking lots and garages located in the city of Austin

 1-9     near areas where entertainment businesses are concentrated.

1-10           (b)  The commission shall contract with a private vendor to

1-11     manage the commercial use of state-owned parking lots and garages.

1-12           (c)  Money received from a lease under this program shall be

1-13     deposited to the credit of the general revenue fund.

1-14           (d)  On or before December 1 of each even-numbered year, the

1-15     commission shall submit a report to the legislature and the

1-16     Legislative Budget Board describing the effectiveness of the pilot

1-17     program.

1-18           SECTION 2.  Section 2165.205, Government Code, is amended to

1-19     read as follows:

1-20           Sec. 2165.205.  LIMITATIONS ON AMOUNT, LOCATION, AND USE OF

1-21     LEASED SPACE.  (a)  [The commission may not lease space to a

1-22     private tenant for use as private office space unless the private

1-23     office space is related and incidental to another commercial,

1-24     cultural, educational, recreational, or child care activity of the

 2-1     tenant in the building.]

 2-2           [(b)]  Except as provided by this subchapter and Chapter 663,

 2-3     the commission shall determine the amount of space in a building to

 2-4     be allocated to private tenants and the types of activities in

 2-5     which the tenants may engage according to the market for certain

 2-6     activities among employees and visitors in the building and in the

 2-7     vicinity of the building.

 2-8           (b) [(c)]  Except as provided by Section 2165.215, the amount

 2-9     of space allocated to private tenants may not exceed 15 percent of

2-10     the total space in the building.  Space leased to provide child

2-11     care services for state employees does not count toward the 15

2-12     percent maximum.

2-13           (c) [(d)]  If the commission allocates space in a building to

2-14     a private tenant, it shall encourage the tenant to lease space with

2-15     street frontage or space in another area of heavy pedestrian

2-16     activity.

2-17           (d)  The commission shall prescribe rules relating to

2-18     short-term leases with private tenants.

2-19           SECTION 3.  Section 2165.211, Government Code, is amended to

2-20     read as follows:

2-21           Sec. 2165.211.  USE OF LEASE PROCEEDS.  One-half of the money

2-22     [Money] received from a lease under this subchapter, other than a

2-23     lease under Section 2165.2035, may be used only for building and

2-24     property services performed by the commission.

2-25           SECTION 4.  Section 2166.102(c), Government Code, is amended

2-26     to read as follows:

2-27           (c)  The master facilities plan must contain:

 3-1                 (1)  a projection of the amount of space needed by

 3-2     state agencies;

 3-3                 (2)  an examination of the use, age, condition, and

 3-4     economic life of state-owned buildings on the commission's

 3-5     inventory;

 3-6                 (3)  an analysis, in accordance with Subchapter D, of

 3-7     projects that have been requested by state agencies;

 3-8                 (4)  an examination of the extent to which the state

 3-9     satisfies its need for space by leasing building space;

3-10                 (5)  an examination of state-paid operation and

3-11     maintenance costs, including costs for telecommunications services,

3-12     for existing buildings owned or leased by the state;

3-13                 (6)  a discussion of the economic and market conditions

3-14     affecting the costs of the construction or lease of buildings;

3-15                 (7)  an analysis of whether the state will benefit more

3-16     from satisfying its needs for space by:

3-17                       (A)  engaging in new projects;

3-18                       (B)  leasing built space;  or

3-19                       (C)  satisfying its needs in another manner;

3-20     [and]

3-21                 (8)  an examination of the location, size, and type of

3-22     building space that is available for lease to private tenants;

3-23                 (9)  an examination of the extent to which the state

3-24     maximizes the use of existing buildings by leasing space to private

3-25     tenants; and

3-26                 (10)  other information relevant to the long-range plan

3-27     that is:

 4-1                       (A)  considered appropriate by the commission; or

 4-2                       (B)  requested in writing by the governor or the

 4-3     presiding officer of either house of the legislature.

 4-4           SECTION 5.  The importance of this legislation and the

 4-5     crowded condition of the calendars in both houses create an

 4-6     emergency and an imperative public necessity that the

 4-7     constitutional rule requiring bills to be read on three several

 4-8     days in each house be suspended, and this rule is hereby suspended,

 4-9     and that this Act take effect and be in force from and after its

4-10     passage, and it is so enacted.