1-1 AN ACT
1-2 relating to the allocation of space to state agencies.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter C, Chapter 2165, Government Code, is
1-5 amended by adding Section 2165.1061 to read as follows:
1-6 Sec. 2165.1061. SPACE ALLOCATION PLANS; TRANSITION PLANS.
1-7 (a) In this section:
1-8 (1) "Administrative office space" includes state-owned
1-9 administrative office space and administrative office space leased
1-10 by the state from other sources, but does not include space used by
1-11 a health and human services agency as defined by Section 2167.004
1-12 for the delivery of direct client services or space located in a
1-13 county with a population of 75,000 or less.
1-14 (2) "State agency" means a department, commission,
1-15 board, office, or other agency in the executive branch of state
1-16 government created by the state constitution or a state statute,
1-17 but does not include a university system or an institution of
1-18 higher education as defined by Section 61.003, Education Code.
1-19 (b) The commission shall study the space requirements of
1-20 state agencies that occupy administrative office space. Each state
1-21 agency shall conduct an on-site space analysis and develop a space
1-22 allocation plan using rules developed by the commission. The space
1-23 allocation plan shall identify usable and exempt space and shall
1-24 specify whether each facility occupied by the state agency meets
2-1 the requirements of Section 2165.104(c). Each state agency shall
2-2 submit a copy of its space allocation plan to the commission not
2-3 later than September 30 of each odd-numbered year.
2-4 (c) Based on a review of space allocation plans, the
2-5 commission shall:
2-6 (1) identify areas of the state in which more than one
2-7 state agency occupies administrative office space and that have the
2-8 greatest potential for cost savings; and
2-9 (2) evaluate the feasibility of colocating
2-10 administrative office space within the same local labor market as
2-11 defined by Section 2308.002.
2-12 (d) The commission, in cooperation with affected state
2-13 agencies, shall develop transition plans to implement the
2-14 colocation of administrative office space. Each plan must include
2-15 a detailed statement of the costs and benefits of the proposed
2-16 colocation.
2-17 (e) The commission shall use the transition plans to
2-18 colocate certain administrative office space of state agencies.
2-19 (f) The commission shall conduct a study of the commission's
2-20 efforts to colocate administrative office space at least once each
2-21 fiscal biennium and shall report the findings to the Governor's
2-22 Office of Budget and Planning, the Legislative Budget Board, and
2-23 the comptroller not later than July 1 of each even-numbered year.
2-24 (g) The commission shall study the potential for colocating
2-25 the administrative office space of a state agency with the office
2-26 space of a federal agency.
2-27 (h) In addition to the requirements of Subsection (f), not
3-1 later than July 1 of each even-numbered year, the commission shall
3-2 complete a study on the amount of each state agency's
3-3 administrative office space in Travis County to identify locations
3-4 that exceed the space limitations prescribed by Section 2165.104(c)
3-5 and report the findings to the Governor's Office of Budget and
3-6 Planning, the Legislative Budget Board, and the comptroller. The
3-7 report shall include:
3-8 (1) the location of office space that exceeds the
3-9 space limitations prescribed by Section 2165.104(c);
3-10 (2) the amount of excess space;
3-11 (3) the cost of the excess space;
3-12 (4) the expiration dates of any leases covering the
3-13 excess space;
3-14 (5) the amount of exempt and nonexempt space under
3-15 Section 2165.104(c); and
3-16 (6) recommendations for the most cost-effective method
3-17 by which a state agency could comply with the requirements of
3-18 Section 2165.104(c), including recommendations that identify the
3-19 amount and cost of office space that could be reduced or
3-20 eliminated, state the moving costs and expenses associated with
3-21 reductions in space, and state the earliest date by which the space
3-22 reductions could be feasibly achieved.
3-23 (i) Based on the commission's report under Subsection (h),
3-24 not later than October 1, 1998, the comptroller shall reduce funds
3-25 appropriated to each affected state agency by an amount equal to
3-26 the lease costs that would have been incurred for the remainder of
3-27 the biennium if the state agency had occupied the same amount of
4-1 administrative office space, less the moving costs and expenses
4-2 identified by the commission. This subsection expires August 31,
4-3 1999.
4-4 SECTION 2. Section 2166.102, Government Code, is amended by
4-5 amending Subsections (b) and (c) and adding Subsection (e) to read
4-6 as follows:
4-7 (b) The commission shall maintain a six-year capital
4-8 planning cycle and shall file a master facilities plan with the
4-9 Governor's Office of Budget and Planning, [and] the Legislative
4-10 Budget Board, and the comptroller before July 1 of each
4-11 even-numbered year.
4-12 (c) The master facilities plan must contain:
4-13 (1) projections [a projection] of the amount of
4-14 administrative office space and client service space needed by
4-15 state agencies;
4-16 (2) an examination of the use, age, condition, and
4-17 economic life of state-owned buildings on the commission's
4-18 inventory;
4-19 (3) an analysis, in accordance with Subchapter D, of
4-20 projects that have been requested by state agencies;
4-21 (4) an examination of the extent to which the state
4-22 satisfies its need for space by leasing building space;
4-23 (5) an examination of state-paid operation and
4-24 maintenance costs, including costs for telecommunications services,
4-25 for existing buildings owned or leased by the state;
4-26 (6) a discussion of the economic and market conditions
4-27 affecting the costs of the construction or lease of buildings;
5-1 (7) an analysis of whether the state will benefit more
5-2 from satisfying its needs for space by:
5-3 (A) engaging in new projects;
5-4 (B) leasing built space; or
5-5 (C) satisfying its needs in another manner;
5-6 [and]
5-7 (8) an examination of the amount of exempt and
5-8 nonexempt office space under Section 2165.104(c); and
5-9 (9) other information relevant to the long-range plan
5-10 that is:
5-11 (A) considered appropriate by the commission; or
5-12 (B) requested in writing by the governor or the
5-13 presiding officer of either house of the legislature.
5-14 (e) For purposes of this section, "administrative office
5-15 space" has the meaning assigned by Section 2165.1061.
5-16 SECTION 3. This Act takes effect September 1, 1997.
5-17 SECTION 4. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2018 was passed by the House on May
2, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2018 was passed by the Senate on May
26, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor