1-1 By: Shapleigh S.B. No. 896
1-2 (In the Senate - Filed March 3, 1997; March 6, 1997, read
1-3 first time and referred to Committee on Finance; April 21, 1997,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 10, Nays 0; April 21, 1997, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 896 By: Moncrief
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the lease of certain state facilities.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 2165.203, Government Code, is amended to
1-12 read as follows:
1-13 Sec. 2165.203. LEASE; FAIR MARKET VALUE. (a) In a
1-14 state-owned building that is under the commission's control and
1-15 that is used primarily for office space or vehicle parking for
1-16 state government, the commission may lease at fair market value
1-17 space to private tenants for commercial, cultural, educational, or
1-18 recreational activities.
1-19 (b) In offering space in a state-owned building under this
1-20 section, the commission may not include contract provisions that
1-21 would tend to diminish the value of the lease space of surrounding
1-22 privately owned buildings.
1-23 SECTION 2. Subchapter E, Chapter 2165, Government Code, is
1-24 amended by adding Section 2165.2035 to read as follows:
1-25 Sec. 2165.2035. PILOT PROGRAM. (a) The commission shall
1-26 establish a pilot program to develop private, commercial uses for
1-27 state-owned parking lots and garages located in the city of Austin
1-28 in the area bordered by West Fourth Street, Lavaca Street, West
1-29 Third Street, and Nueces Street.
1-30 (b) The commission shall contract with a private vendor to
1-31 manage the commercial use of state-owned parking lots and garages.
1-32 (c) Money received from a lease under this program shall be
1-33 deposited to the credit of the general revenue fund.
1-34 (d) On or before December 1 of each even-numbered year, the
1-35 commission shall submit a report to the legislature and the
1-36 Legislative Budget Board describing the effectiveness of the pilot
1-37 program.
1-38 (e) The limitation on the amount of space allocated to
1-39 private tenants prescribed by Section 2165.205(b) does not apply to
1-40 the lease of a state-owned parking lot or garage under this
1-41 section.
1-42 (f) Any lease of a state-owned parking lot or garage under
1-43 this section must contain a provision that allows state employees
1-44 who work hours other than regular working hours under Section
1-45 658.005 to retain their parking privileges in a state-owned parking
1-46 lot or garage.
1-47 SECTION 3. Section 2165.205, Government Code, is amended to
1-48 read as follows:
1-49 Sec. 2165.205. LIMITATIONS ON AMOUNT, LOCATION, AND USE OF
1-50 LEASED SPACE. (a) [The commission may not lease space to a
1-51 private tenant for use as private office space unless the private
1-52 office space is related and incidental to another commercial,
1-53 cultural, educational, recreational, or child care activity of the
1-54 tenant in the building.]
1-55 [(b)] Except as provided by this subchapter and Chapter 663,
1-56 the commission or a state agency with charge and control of a state
1-57 building shall determine the amount of space in a building to be
1-58 allocated to private tenants and the types of activities in which
1-59 the tenants may engage according to the market for certain
1-60 activities among employees and visitors in the building and in the
1-61 vicinity of the building.
1-62 (b) [(c)] Except as provided by Section 2165.215, the amount
1-63 of space allocated to private tenants may not exceed 15 percent of
1-64 the total space in the building. Space leased to provide child
2-1 care services for state employees does not count toward the 15
2-2 percent maximum.
2-3 (c) The commission or a state agency with charge and control
2-4 of a state building may enter into a short-term lease with a
2-5 private tenant for the use of certain facilities, including
2-6 conference rooms and training facilities.
2-7 [(d) If the commission allocates space in a building to a
2-8 private tenant, it shall encourage the tenant to lease space with
2-9 street frontage or space in another area of heavy pedestrian
2-10 activity.]
2-11 SECTION 4. Section 2165.211, Government Code, is amended to
2-12 read as follows:
2-13 Sec. 2165.211. USE OF LEASE PROCEEDS. (a) Except as
2-14 provided by Subsections (b) and (c), money [Money] received from a
2-15 lease under Section 2165.203 or any other lease of a state-owned
2-16 building under the commission's control under this subchapter may
2-17 be used only for building and property services performed by the
2-18 commission.
2-19 (b) One-half of the money received by the commission or a
2-20 state agency with charge and control of a state building from a
2-21 lease under Section 2165.205(c) may be used only for building and
2-22 property services performed by the commission or the state agency.
2-23 (c) This section does not apply to a lease under Section
2-24 2165.2035.
2-25 SECTION 5. Subsection (c), Section 2166.102, Government
2-26 Code, is amended to read as follows:
2-27 (c) The master facilities plan must contain:
2-28 (1) a projection of the amount of space needed by
2-29 state agencies;
2-30 (2) an examination of the use, age, condition, and
2-31 economic life of state-owned buildings on the commission's
2-32 inventory;
2-33 (3) an analysis, in accordance with Subchapter D, of
2-34 projects that have been requested by state agencies;
2-35 (4) an examination of the extent to which the state
2-36 satisfies its need for space by leasing building space;
2-37 (5) an examination of state-paid operation and
2-38 maintenance costs, including costs for telecommunications services,
2-39 for existing buildings owned or leased by the state;
2-40 (6) a discussion of the economic and market conditions
2-41 affecting the costs of the construction or lease of buildings;
2-42 (7) an analysis of whether the state will benefit more
2-43 from satisfying its needs for space by:
2-44 (A) engaging in new projects;
2-45 (B) leasing built space; or
2-46 (C) satisfying its needs in another manner;
2-47 [and]
2-48 (8) an examination of the location, size, and type of
2-49 building space that is available for lease to private tenants;
2-50 (9) an examination of the extent to which the state
2-51 maximizes the use of existing buildings by leasing space to private
2-52 tenants; and
2-53 (10) other information relevant to the long-range plan
2-54 that is:
2-55 (A) considered appropriate by the commission; or
2-56 (B) requested in writing by the governor or the
2-57 presiding officer of either house of the legislature.
2-58 SECTION 6. The importance of this legislation and the
2-59 crowded condition of the calendars in both houses create an
2-60 emergency and an imperative public necessity that the
2-61 constitutional rule requiring bills to be read on three several
2-62 days in each house be suspended, and this rule is hereby suspended,
2-63 and that this Act take effect and be in force from and after its
2-64 passage, and it is so enacted.
2-65 * * * * *