By Raymond                                      H.B. No. 1522

      75R2839 JRD-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to managing the use of state facilities and the need for

 1-3     new facilities construction.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Subtitle E, Title 10, Government Code, is amended

 1-6     by adding Chapter 2206 to read as follows:

 1-7                    CHAPTER 2206.  FACILITIES MANAGEMENT

 1-8           Sec. 2206.001.  DEFINITION.  In this chapter, "state agency"

 1-9     means a department, commission, board, office, or other agency in

1-10     the executive branch of state government created by the state

1-11     constitution or a state statute.  The term does not include a

1-12     university system or an institution of higher education as defined

1-13     by Section 61.003, Education Code.

1-14           Sec. 2206.002.  FACILITIES PLAN.  (a)  Each state agency that

1-15     owns, controls, or manages real property shall prepare a facilities

1-16     plan for the property.

1-17           (b)  The facilities plan must support the state agency's

1-18     strategic plan prepared under Chapter 2056. The facilities plan

1-19     must include, for all the real property owned, controlled, or

1-20     managed by the state agency and for all the facilities on that

1-21     property, the properties' and facilities' current and projected:

1-22                 (1)  uses;

1-23                 (2)  operations costs;

1-24                 (3)  maintenance costs; and

 2-1                 (4)  allocations of space.

 2-2           (c)  The facilities plan must identify the state agency's

 2-3     future space needs and propose how to meet those needs.

 2-4           (d)  Each state agency shall submit its facilities plan to

 2-5     the Legislative Budget Board not later than July 1 of each

 2-6     even-numbered year.

 2-7           Sec. 2206.003.  PROJECT ANALYSIS FOR NEW CONSTRUCTION.  (a)

 2-8     This section applies to each state agency:

 2-9                 (1)  to the extent that the agency is not subject to

2-10     Subchapter D, Chapter 2166; and

2-11                 (2)  that will request the legislature to approve a

2-12     building construction project or to appropriate bond proceeds or

2-13     other money, including federal money, for a building construction

2-14     project.

2-15           (b)  A state agency must prepare a project analysis for a

2-16     building construction project in the manner required by Subchapter

2-17     D, Chapter 2166, before asking the legislature to approve or

2-18     appropriate money for the project. The agency shall send the

2-19     project analysis on its completion to the Legislative Budget Board.

2-20           (c)  In preparing the project analysis, a state agency that

2-21     is not subject to the requirements of Subchapter D, Chapter 2166,

2-22     has the powers and duties that both the General Services Commission

2-23     and a using agency have under Subchapter D, Chapter 2166.  The

2-24     agency may contract with the General Services Commission to perform

2-25     for the agency all or part of the commission's usual project

2-26     analysis functions in accordance with Section 2166.005.

2-27           (d)  The Legislative Budget Board on request may allow a

 3-1     state agency to which this section applies to perform a cost

 3-2     estimate in lieu of a project analysis in the manner required by

 3-3     Section 2166.155 if the board agrees that the cost of a project

 3-4     analysis is not justified given the size of the building

 3-5     construction project.  The agency shall send a cost estimate on its

 3-6     completion to the board.

 3-7           (e)  The state agency shall use the cost of the project as

 3-8     determined by the project analysis or the cost estimate as the

 3-9     basis of a request to the state's budget offices for funding for

3-10     the project.

3-11           (f)  In this section, "construction," "project," "project

3-12     analysis," and "using agency" have the meanings assigned by Section

3-13     2166.001.

3-14           SECTION 2.  Sections 2166.153 and 2166.154, Government Code,

3-15     are amended to read as follows:

3-16           Sec. 2166.153.  CONTENTS OF PROJECT ANALYSIS.  (a)  A project

3-17     analysis consists of:

3-18                 (1)  a complete description of the project and a

3-19     justification of the project prepared by the using agency;

3-20                 (2)  a detailed estimate of the amount of space needed

3-21     to meet the needs of the using agency and to allow for realistic

3-22     growth;

3-23                 (3)  a description of the proposed project prepared by

3-24     a design professional that:

3-25                       (A)  includes schematic plans and outline

3-26     specifications describing the type of construction and probable

3-27     materials to be used; and

 4-1                       (B)  is sufficient to establish the general scope

 4-2     and quality of construction;

 4-3                 (4)  an estimate of the probable cost of construction;

 4-4                 (5)  an evaluation by the General Land Office, the

 4-5     using agency, and the commission about whether there is a

 4-6     state-owned site in the county or metropolitan area for which the

 4-7     project is planned that is a feasible site for the project;

 4-8                 (6)  a description of the proposed site of the project

 4-9     and an estimate of the cost of site preparation;

4-10                 (7)  an evaluation by the using agency and the

4-11     commission about whether it is feasible to locate in the planned

4-12     facility other state agencies that are currently leasing similar

4-13     space in the county or metropolitan area for which the project is

4-14     planned, including an analysis of the extra construction costs and

4-15     the savings in lease payments that would result from locating

4-16     another agency at the planned facility;

4-17                 (8) [(6)]  an overall estimate of the cost of the

4-18     project;

4-19                 (9) [(7)]  information prepared under Section 2166.451

4-20     about historic structures considered as alternatives to new

4-21     construction;

4-22                 (10) [(8)]  an evaluation of energy alternatives as

4-23     required by Section 2166.401; and

4-24                 (11) [(9)]  other information required by the

4-25     commission.

4-26           (b)  In preparing its portions of the project analysis, a

4-27     using agency shall obtain:

 5-1                 (1)  from the General Land Office a list of state-owned

 5-2     sites in the county or metropolitan area for which the project is

 5-3     planned; and

 5-4                 (2)  from the commission a list of other state agencies

 5-5     that are currently leasing similar space in the county or

 5-6     metropolitan area for which the project is planned.

 5-7           (c)  A project analysis may include two or more alternative

 5-8     proposals for meeting the using agency's space needs by:

 5-9                 (1)  new construction;

5-10                 (2)  the acquisition and rehabilitation of an existing

5-11     or historic structure; or

5-12                 (3)  a combination of new and existing structures.

5-13           (d) [(c)]  If any part of a project involves the construction

5-14     or rehabilitation of a building that is to be used primarily as a

5-15     parking garage or for office space for state government, the

5-16     project analysis also must include:

5-17                 (1)  a description of the amount and location of space

5-18     in the building that can be made available for lease to private

5-19     tenants under Subchapter E, Chapter 2165; or

5-20                 (2)  a statement of the reason that lease of space in

5-21     the building to private tenants is not feasible.

5-22           (e) [(d)]  All estimates involved in the preparation of a

5-23     project analysis shall be carefully and fully documented and

5-24     incorporated into the project analysis.

5-25           Sec. 2166.154.  USE OF PROJECT ANALYSIS OR COST ESTIMATE IN

5-26     APPROPRIATIONS PROCESS.  (a)  The commission shall send a project

5-27     analysis or a cost estimate developed under Section 2166.155 to the

 6-1     Legislative Budget Board on completion of the analysis or estimate.

 6-2           (b)  The using agency shall use the cost of the project as

 6-3     determined by the project analysis or the cost estimate developed

 6-4     under Section 2166.155 as the basis of a request to the state's

 6-5     budget offices.

 6-6           SECTION 3.  Chapter 322, Government Code, is amended by

 6-7     adding Section 322.0071 to read as follows:

 6-8           Sec. 322.0071.  EVALUATION OF FACILITIES PLANS AND STATE

 6-9     AGENCIES' SPACE NEEDS.  (a)  To aid the legislature in

6-10     appropriating money to meet agency space needs, the director under

6-11     the direction of the board shall evaluate state agency facility

6-12     plans prepared under Section 2206.002.  The director shall

6-13     determine when evaluating an agency's plan whether:

6-14                 (1)  the agency is complying with state standards

6-15     relating to space;

6-16                 (2)  the agency's current and proposed use of space

6-17     supports the agency's activities; and

6-18                 (3)  the agency's stated operations costs, maintenance

6-19     costs, and requests for funding related to space needs are

6-20     accurate.

6-21           (b)  The director under the direction of the board shall

6-22     evaluate state agencies' use of space to identify ways to more

6-23     effectively meet state agencies' space needs.

6-24           SECTION 4.  Each state agency shall send its initial

6-25     facilities plan prepared under Section 2206.002, Government Code,

6-26     as added by this Act, to the Legislative Budget Board not later

6-27     than July 1, 1998.

 7-1           SECTION 5.  This Act takes effect September 1, 1997.

 7-2           SECTION 6.  The importance of this legislation and the

 7-3     crowded condition of the calendars in both houses create an

 7-4     emergency and an imperative public necessity that the

 7-5     constitutional rule requiring bills to be read on three several

 7-6     days in each house be suspended, and this rule is hereby suspended.