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.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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.