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.