By Junell H.B. No. 3368
75R8561 MLS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the acquisition of real property by the General
1-3 Services Commission as an alternative to leasing space.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 2166.453, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 2166.453. ACQUISITION OF REAL PROPERTY [EXISTING
1-8 BUILDING] AS ALTERNATIVE TO LEASING SPACE. (a) This section
1-9 applies only to meeting [office] space needs of one or more state
1-10 agencies in a county in which the state leases 50,000 square feet
1-11 or more of [usable office] space.
1-12 (b) The commission may meet [office] space needs of one or
1-13 more state agencies that are being met through leased space by
1-14 purchasing or constructing one or more [existing] buildings under
1-15 this section. The purchase or construction of a building may
1-16 include the purchase of the building's grounds and related
1-17 improvements. The purchase or construction of a building under
1-18 this section must be:
1-19 (1) financed through bonds issued by the Texas Public
1-20 Finance Authority; and
1-21 (2) approved by the legislature if it is in session or
1-22 by the Legislative Budget Board if the legislature is not in
1-23 session.
1-24 (c) The commission may purchase or construct a building
2-1 under this section only if the commission determines that the
2-2 projected annual total space occupancy costs of the purchased or
2-3 constructed space will not exceed, over the term of the bonded
2-4 indebtedness, the projected annual total space occupancy costs of
2-5 meeting the same space needs through leased space.
2-6 (d) If the commission makes the necessary determination
2-7 under Subsection (c) and the purchase or construction is approved
2-8 under Subsection (b), the Texas Public Finance Authority shall
2-9 issue and sell bonds to finance the purchase or construction under
2-10 the Texas Public Finance Authority Act (Article 601d, Vernon's
2-11 Texas Civil Statutes), and the commission may purchase or construct
2-12 the building under that Act and other applicable law.
2-13 (e) The limitation prescribed by Section 9, Texas Public
2-14 Finance Authority Act (Article 601d, Vernon's Texas Civil
2-15 Statutes), relating to the location of a building for which bonds
2-16 may be issued and sold does not apply to financing the purchase or
2-17 construction of a building under this section.
2-18 (f) A person from whom real property or an existing building
2-19 or other improvement is purchased under this section shall provide
2-20 to the commission the name and the last known address of each
2-21 person who:
2-22 (1) owns record legal title to the real property or
2-23 building or other improvement; or
2-24 (2) owns a beneficial interest in the real property or
2-25 building or other improvement through a trust, nominee, agent, or
2-26 other legal entity.
2-27 (g) If a state agency vacates leased space to move into
3-1 space in a building purchased or constructed under this section or
3-2 if the leased space itself is purchased under this section, the
3-3 money specifically appropriated by the legislature or the money
3-4 available to and budgeted by the agency for lease payments for the
3-5 leased space for the remainder of the biennium may be used only for
3-6 rental or installment payments for the purchased or constructed
3-7 space under Section 12(b), Texas Public Finance Authority Act
3-8 (Article 601d, Vernon's Texas Civil Statutes), and for the payment
3-9 of operating expenses for the purchased or constructed space that
3-10 are incurred by the commission. The comptroller may adopt rules
3-11 for the administration of this subsection.
3-12 (h) In this section, "total space occupancy costs" include:
3-13 (1) for leased space, the direct cost of the lease
3-14 payments for the space;
3-15 (2) for purchased or constructed space, the direct
3-16 cost of rental or installment payments for the space under Section
3-17 12(b), Texas Public Finance Authority Act (Article 601d, Vernon's
3-18 Texas Civil Statutes);
3-19 (3) the cost of necessary renovations;
3-20 (4) operating costs, including janitorial and utility
3-21 costs; and
3-22 (5) for purchased or constructed space, the cost of
3-23 maintaining a cash replacement reserve sufficient to service
3-24 structural maintenance requirements reflecting the expected
3-25 performance life of the major capital expense items of the building
3-26 for the term of the bonded indebtedness.
3-27 SECTION 2. This Act takes effect September 1, 1997.
4-1 SECTION 3. The importance of this legislation and the
4-2 crowded condition of the calendars in both houses create an
4-3 emergency and an imperative public necessity that the
4-4 constitutional rule requiring bills to be read on three several
4-5 days in each house be suspended, and this rule is hereby suspended.