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.