By Turner of Coleman                                   H.B. No. 438
         76R547 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.  STATE AGENCY PROPERTY USED BY
 1-7                         LOCAL GOVERNMENTAL ENTITY 
 1-8           Sec. 792.001.  DEFINITIONS.  In this chapter:
 1-9                 (1)  "Local governmental entity" means a county,
1-10     municipality, common or independent school district, hospital
1-11     district or authority, housing agency, special district or
1-12     authority created under general or special law, or any agency or
1-13     instrumentality of these entities.
1-14                 (2)  "State agency" means:
1-15                       (A)  a board, commission, department, office, or
1-16     other agency that is in the executive branch of state government,
1-17     has authority that is not limited to a geographical portion of the
1-18     state, and is created by the constitution or a statute of this
1-19     state; or
1-20                       (B)  a university system or an institution of
1-21     higher education as defined by Section 61.003, Education Code.
1-22           Sec. 792.002.  USE OF STATE PROPERTY BY GOVERNMENTAL ENTITY.
1-23     (a)  A state agency may not require another state agency to be a
1-24     permittee or co-permittee with regard to any activity conducted on
 2-1     property owned by the other state agency and leased or used by a
 2-2     local governmental entity.
 2-3           (b)  A local governmental entity leasing or using property
 2-4     owned by a state agency is responsible for all costs and
 2-5     liabilities related to the local governmental entity's activities
 2-6     on the property, including any environmental liabilities arising
 2-7     during or after the term of the lease or period of use.
 2-8           (c)  Subsections (a) and (b) do not apply if the permit is
 2-9     required or the costs and liabilities arise under a state
2-10     regulatory program:
2-11                 (1)  administered in place of a similar federal
2-12     program; and
2-13                 (2)  the requirements of which are equal to or less
2-14     stringent than the requirements of the federal program.
2-15           SECTION 2.  This Act takes effect September 1, 1999.
2-16           SECTION 3.  The importance of this legislation and the
2-17     crowded condition of the calendars in both houses create an
2-18     emergency and an imperative public necessity that the
2-19     constitutional rule requiring bills to be read on three several
2-20     days in each house be suspended, and this rule is hereby suspended.