1-1 By: Raymond (Senate Sponsor - Shapleigh) H.B. No. 733
1-2 (In the Senate - Received from the House May 1, 1997;
1-3 May 2, 1997, read first time and referred to Committee on Finance;
1-4 May 16, 1997, reported favorably by the following vote: Yeas 10,
1-5 Nays 0; May 16, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the lease of certain state facilities.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 2165.203, Government Code, is amended to
1-11 read as follows:
1-12 Sec. 2165.203. LEASE; FAIR MARKET VALUE. (a) In a
1-13 state-owned building that is under the commission's control and
1-14 that is used primarily for office space or vehicle parking for
1-15 state government, the commission may lease at fair market value
1-16 space to private tenants for commercial, cultural, educational, or
1-17 recreational activities.
1-18 (b) In offering space in a state-owned building that is
1-19 under the commission's control under this subchapter, the
1-20 commission may not include contract provisions that would tend to
1-21 diminish the value of the lease space of surrounding privately
1-22 owned buildings.
1-23 (c) The commission shall collect information on the
1-24 location, size, and type of space that is available for lease in
1-25 state-owned buildings under the control of the commission and
1-26 determine the feasibility of leasing available space to private
1-27 tenants.
1-28 SECTION 2. Subchapter E, Chapter 2165, Government Code, is
1-29 amended by adding Section 2165.2035 to read as follows:
1-30 Sec. 2165.2035. PILOT PROGRAM. (a) The commission shall
1-31 establish a pilot program to develop private, commercial uses for
1-32 state-owned parking lots and garages located in the city of Austin
1-33 in the area bordered by West Fourth Street, Lavaca Street, West
1-34 Third Street, and Nueces Street.
1-35 (b) The commission shall contract with a private vendor to
1-36 manage the commercial use of state-owned parking lots and garages.
1-37 (c) Money received from a lease under this program shall be
1-38 deposited to the credit of the general revenue fund.
1-39 (d) On or before December 1 of each even-numbered year, the
1-40 commission shall submit a report to the legislature and the
1-41 Legislative Budget Board describing the effectiveness of the pilot
1-42 program.
1-43 (e) The limitation on the amount of space allocated to
1-44 private tenants prescribed by Section 2165.205(b) does not apply to
1-45 the lease of a state-owned parking lot or garage under this
1-46 section.
1-47 (f) Any lease of a state-owned parking lot or garage under
1-48 this section must contain a provision that allows state employees
1-49 who work hours other than regular working hours under Section
1-50 658.005 to retain their parking privileges in a state-owned parking
1-51 lot or garage.
1-52 SECTION 3. Section 2165.205, Government Code, is amended to
1-53 read as follows:
1-54 Sec. 2165.205. LIMITATIONS ON AMOUNT, LOCATION, AND USE OF
1-55 LEASED SPACE. (a) [The commission may not lease space to a
1-56 private tenant for use as private office space unless the private
1-57 office space is related and incidental to another commercial,
1-58 cultural, educational, recreational, or child care activity of the
1-59 tenant in the building.]
1-60 [(b)] Except as provided by this subchapter and Chapter 663,
1-61 the commission or a state agency with charge and control of a state
1-62 building shall determine the amount of space in a building to be
1-63 allocated to private tenants and the types of activities in which
1-64 the tenants may engage according to the market for certain
2-1 activities among employees and visitors in the building and in the
2-2 vicinity of the building.
2-3 (b) [(c)] Except as provided by Section 2165.215, the amount
2-4 of space allocated to private tenants may not exceed 15 percent of
2-5 the total space in the building. Space leased to provide child
2-6 care services for state employees does not count toward the 15
2-7 percent maximum.
2-8 (c) The commission or a state agency with charge and control
2-9 of a state building may enter into a short-term lease for a period
2-10 not to exceed seven days with a private tenant for the use of
2-11 certain facilities, including conference rooms, meeting rooms,
2-12 auditoriums, and other similar facilities.
2-13 [(d) If the commission allocates space in a building to a
2-14 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 SECTION 4. Section 2165.211, Government Code, is amended to
2-18 read as follows:
2-19 Sec. 2165.211. USE OF LEASE PROCEEDS. (a) Except as
2-20 provided by Subsections (b) and (c), money [Money] received from a
2-21 lease under Section 2165.203 or any other lease of a state-owned
2-22 building under the commission's control under this subchapter may
2-23 be used only for building and property services performed by the
2-24 commission.
2-25 (b) One-half of the money received by the commission or a
2-26 state agency with charge and control of a state building from a
2-27 lease under Section 2165.205(c) may be used only for building and
2-28 property services performed by the commission or the state agency.
2-29 (c) This section does not apply to a lease under Section
2-30 2165.2035.
2-31 SECTION 5. Subchapter E, Chapter 2165, Government Code, is
2-32 amended by adding Section 2165.216 to read as follows:
2-33 Sec. 2165.216. IMMUNITY FROM LIABILITY. Notwithstanding
2-34 Chapter 101, Civil Practice and Remedies Code, or any other law,
2-35 the commission is not liable for property damage, personal injury,
2-36 or death arising in connection with a lease of space to a private
2-37 tenant under this subchapter.
2-38 SECTION 6. Section 2166.102(c), Government Code, is amended
2-39 to read as follows:
2-40 (c) The master facilities plan must contain:
2-41 (1) a projection of the amount of space needed by
2-42 state agencies;
2-43 (2) an examination of the use, age, condition, and
2-44 economic life of state-owned buildings on the commission's
2-45 inventory;
2-46 (3) an analysis, in accordance with Subchapter D, of
2-47 projects that have been requested by state agencies;
2-48 (4) an examination of the extent to which the state
2-49 satisfies its need for space by leasing building space;
2-50 (5) an examination of state-paid operation and
2-51 maintenance costs, including costs for telecommunications services,
2-52 for existing buildings owned or leased by the state;
2-53 (6) a discussion of the economic and market conditions
2-54 affecting the costs of the construction or lease of buildings;
2-55 (7) an analysis of whether the state will benefit more
2-56 from satisfying its needs for space by:
2-57 (A) engaging in new projects;
2-58 (B) leasing built space; or
2-59 (C) satisfying its needs in another manner;
2-60 [and]
2-61 (8) an examination of the location, size, and type of
2-62 building space that is available for lease to private tenants;
2-63 (9) an examination of the extent to which the state
2-64 maximizes the use of existing buildings by leasing space to private
2-65 tenants; and
2-66 (10) other information relevant to the long-range plan
2-67 that is:
2-68 (A) considered appropriate by the commission; or
2-69 (B) requested in writing by the governor or the
3-1 presiding officer of either house of the legislature.
3-2 SECTION 7. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended,
3-7 and that this Act take effect and be in force from and after its
3-8 passage, and it is so enacted.
3-9 * * * * *