1-1 By: Maxey (Senate Sponsor - Ellis) H.B. No. 2018
1-2 (In the Senate - Received from the House May 5, 1997;
1-3 May 6, 1997, read first time and referred to Committee on State
1-4 Affairs; May 18, 1997, reported favorably by the following vote:
1-5 Yeas 13, Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the allocation of space to state agencies.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Subchapter C, Chapter 2165, Government Code, is
1-11 amended by adding Section 2165.1061 to read as follows:
1-12 Sec. 2165.1061. SPACE ALLOCATION PLANS; TRANSITION PLANS.
1-13 (a) In this section:
1-14 (1) "Administrative office space" includes state-owned
1-15 administrative office space and administrative office space leased
1-16 by the state from other sources, but does not include space used by
1-17 a health and human services agency as defined by Section 2167.004
1-18 for the delivery of direct client services or space located in a
1-19 county with a population of 75,000 or less.
1-20 (2) "State agency" means a department, commission,
1-21 board, office, or other agency in the executive branch of state
1-22 government created by the state constitution or a state statute,
1-23 but does not include a university system or an institution of
1-24 higher education as defined by Section 61.003, Education Code.
1-25 (b) The commission shall study the space requirements of
1-26 state agencies that occupy administrative office space. Each state
1-27 agency shall conduct an on-site space analysis and develop a space
1-28 allocation plan using rules developed by the commission. The space
1-29 allocation plan shall identify usable and exempt space and shall
1-30 specify whether each facility occupied by the state agency meets
1-31 the requirements of Section 2165.104(c). Each state agency shall
1-32 submit a copy of its space allocation plan to the commission not
1-33 later than September 30 of each odd-numbered year.
1-34 (c) Based on a review of space allocation plans, the
1-35 commission shall:
1-36 (1) identify areas of the state in which more than one
1-37 state agency occupies administrative office space and that have the
1-38 greatest potential for cost savings; and
1-39 (2) evaluate the feasibility of colocating
1-40 administrative office space within the same local labor market as
1-41 defined by Section 2308.002.
1-42 (d) The commission, in cooperation with affected state
1-43 agencies, shall develop transition plans to implement the
1-44 colocation of administrative office space. Each plan must include
1-45 a detailed statement of the costs and benefits of the proposed
1-46 colocation.
1-47 (e) The commission shall use the transition plans to
1-48 colocate certain administrative office space of state agencies.
1-49 (f) The commission shall conduct a study of the commission's
1-50 efforts to colocate administrative office space at least once each
1-51 fiscal biennium and shall report the findings to the Governor's
1-52 Office of Budget and Planning, the Legislative Budget Board, and
1-53 the comptroller not later than July 1 of each even-numbered year.
1-54 (g) The commission shall study the potential for colocating
1-55 the administrative office space of a state agency with the office
1-56 space of a federal agency.
1-57 (h) In addition to the requirements of Subsection (f), not
1-58 later than July 1 of each even-numbered year, the commission shall
1-59 complete a study on the amount of each state agency's
1-60 administrative office space in Travis County to identify locations
1-61 that exceed the space limitations prescribed by Section 2165.104(c)
1-62 and report the findings to the Governor's Office of Budget and
1-63 Planning, the Legislative Budget Board, and the comptroller. The
1-64 report shall include:
2-1 (1) the location of office space that exceeds the
2-2 space limitations prescribed by Section 2165.104(c);
2-3 (2) the amount of excess space;
2-4 (3) the cost of the excess space;
2-5 (4) the expiration dates of any leases covering the
2-6 excess space;
2-7 (5) the amount of exempt and nonexempt space under
2-8 Section 2165.104(c); and
2-9 (6) recommendations for the most cost-effective method
2-10 by which a state agency could comply with the requirements of
2-11 Section 2165.104(c), including recommendations that identify the
2-12 amount and cost of office space that could be reduced or
2-13 eliminated, state the moving costs and expenses associated with
2-14 reductions in space, and state the earliest date by which the space
2-15 reductions could be feasibly achieved.
2-16 (i) Based on the commission's report under Subsection (h),
2-17 not later than October 1, 1998, the comptroller shall reduce funds
2-18 appropriated to each affected state agency by an amount equal to
2-19 the lease costs that would have been incurred for the remainder of
2-20 the biennium if the state agency had occupied the same amount of
2-21 administrative office space, less the moving costs and expenses
2-22 identified by the commission. This subsection expires August 31,
2-23 1999.
2-24 SECTION 2. Section 2166.102, Government Code, is amended by
2-25 amending Subsections (b) and (c) and adding Subsection (e) to read
2-26 as follows:
2-27 (b) The commission shall maintain a six-year capital
2-28 planning cycle and shall file a master facilities plan with the
2-29 Governor's Office of Budget and Planning, [and] the Legislative
2-30 Budget Board, and the comptroller before July 1 of each
2-31 even-numbered year.
2-32 (c) The master facilities plan must contain:
2-33 (1) projections [a projection] of the amount of
2-34 administrative office space and client service space needed by
2-35 state agencies;
2-36 (2) an examination of the use, age, condition, and
2-37 economic life of state-owned buildings on the commission's
2-38 inventory;
2-39 (3) an analysis, in accordance with Subchapter D, of
2-40 projects that have been requested by state agencies;
2-41 (4) an examination of the extent to which the state
2-42 satisfies its need for space by leasing building space;
2-43 (5) an examination of state-paid operation and
2-44 maintenance costs, including costs for telecommunications services,
2-45 for existing buildings owned or leased by the state;
2-46 (6) a discussion of the economic and market conditions
2-47 affecting the costs of the construction or lease of buildings;
2-48 (7) an analysis of whether the state will benefit more
2-49 from satisfying its needs for space by:
2-50 (A) engaging in new projects;
2-51 (B) leasing built space; or
2-52 (C) satisfying its needs in another manner;
2-53 [and]
2-54 (8) an examination of the amount of exempt and
2-55 nonexempt office space under Section 2165.104(c); and
2-56 (9) other information relevant to the long-range plan
2-57 that is:
2-58 (A) considered appropriate by the commission; or
2-59 (B) requested in writing by the governor or the
2-60 presiding officer of either house of the legislature.
2-61 (e) For purposes of this section, "administrative office
2-62 space" has the meaning assigned by Section 2165.1061.
2-63 SECTION 3. This Act takes effect September 1, 1997.
2-64 SECTION 4. The importance of this legislation and the
2-65 crowded condition of the calendars in both houses create an
2-66 emergency and an imperative public necessity that the
2-67 constitutional rule requiring bills to be read on three several
2-68 days in each house be suspended, and this rule is hereby suspended.