By Turner of Coleman                            H.B. No. 3191

      75R7086 MLS-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the use of property owned by a state agency.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Title 7, Government Code, is amended by adding

 1-5     Chapter 792 to read as follows:

 1-6            CHAPTER 792.  USE OF PROPERTY OWNED BY STATE AGENCY 

 1-7           Sec. 792.001.  DEFINITIONS.  In this chapter:

 1-8                 (1)  "Governmental entity" means a county,

 1-9     municipality, common or independent school district, hospital

1-10     district or authority, housing agency, special district or

1-11     authority created under general or special law, or any agency or

1-12     instrumentality of these entities.

1-13                 (2)  "State agency" means:

1-14                       (A)  a board, commission, department, office, or

1-15     other agency that is in the executive branch of state government,

1-16     has authority that is not limited to a geographical portion of the

1-17     state, and is created by the constitution or a statute of this

1-18     state; or

1-19                       (B)  a university system or an institution of

1-20     higher education as defined by Section 61.003, Education Code.

1-21           Sec. 792.002.  USE OF STATE PROPERTY BY GOVERNMENTAL ENTITY.

1-22     (a)  A state agency may not require another state agency to be a

1-23     permittee or co-permittee with regard to any activity conducted on

1-24     property owned by a state agency and leased or used by a

 2-1     governmental entity.

 2-2           (b)  A governmental entity leasing or using property owned by

 2-3     a state agency shall be responsible for all costs and liabilities

 2-4     related to the governmental entity's activities on the property,

 2-5     including any environmental liabilities arising during or after the

 2-6     term of the lease or period of use.

 2-7           (c)  Subsection (a)  does not apply if the permit is required

 2-8     or the liabilities arise under a state regulatory program:

 2-9                 (1)  administered in place of a similar federal

2-10     program; and

2-11                 (2)  the requirements of the state regulatory program

2-12     are equal to or less stringent than the requirements of the federal

2-13     program.

2-14           SECTION 2.  This Act takes effect September 1, 1997.

2-15           SECTION 3.  The importance of this legislation and the

2-16     crowded condition of the calendars in both houses create an

2-17     emergency and an imperative public necessity that the

2-18     constitutional rule requiring bills to be read on three several

2-19     days in each house be suspended, and this rule is hereby suspended.