By Flores H.B. No. 1412
77R4636 MTB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use and management of real property owned by the
1-3 Texas Department of Transportation.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle A, Title 6, Transportation Code, is
1-6 amended by adding Chapter 204 to read as follows:
1-7 CHAPTER 204. USE AND MANAGEMENT OF DEPARTMENT PROPERTY; CAPITAL
1-8 CHARGES
1-9 Sec. 204.001. DEFINITIONS. In this chapter:
1-10 (1) "Capital charge" means an amount paid to the state
1-11 by the department based on real property owned by the department,
1-12 designed to provide budgetary incentives for the department to use
1-13 its property in a cost-effective manner.
1-14 (2) "Real property" means land, including improvements
1-15 and fixtures on the land, property of any nature appurtenant to the
1-16 land or used in connection with the land, and a legal or equitable
1-17 estate, interest, or right in land, including leasehold interests,
1-18 terms for years, and a judgment, mortgage, or other lien.
1-19 Sec. 204.002. REPORT ON REAL PROPERTY; REQUIREMENTS. (a)
1-20 The department shall submit to the General Land Office, on a
1-21 quarterly basis and in a format and manner determined by the
1-22 General Land Office, the following information on any real property
1-23 owned by the department:
1-24 (1) total land owned, in acres;
2-1 (2) total building space owned, in square feet;
2-2 (3) location of property owned, by county;
2-3 (4) historical or acquisition costs of property and
2-4 building space owned, including date of acquisition, method of
2-5 finance, and nature of any subsequent improvements;
2-6 (5) appraised market value of property, if known,
2-7 including year of appraisal;
2-8 (6) current use, expected short-term use, and expected
2-9 long-term use of property;
2-10 (7) recommendations on the retention or disposal of
2-11 the property; and
2-12 (8) any effects on federal direct and indirect cost
2-13 recovery according to the federal Office of Management and Budget.
2-14 (b) The General Land Office shall provide the information
2-15 under this section to the comptroller. The General Land Office, on
2-16 request, shall provide the information to the General Services
2-17 Commission and the Legislative Budget Board.
2-18 (c) The Legislative Budget Board may request from the
2-19 General Land Office a detailed analysis of real property reported
2-20 under Subsection (a), including potential uses of the property and
2-21 the likelihood of sale or lease of the property in the following
2-22 two-year period.
2-23 Sec. 204.003. CAPITAL CHARGE ON REAL PROPERTY. (a) During
2-24 September of each state fiscal year, the department shall pay to
2-25 the state a capital charge in an amount equal to seven percent of
2-26 the appraised value of each item of real property owned by the
2-27 department excluding rights-of-way.
3-1 (b) The department may receive legislative appropriations to
3-2 pay capital charges under this section in an amount equal to a
3-3 percentage of the department's capital charges for the year
3-4 computed by dividing the appraised value of real property the
3-5 General Land Office recommends the department should retain under
3-6 Section 31.156, Natural Resources Code, by the appraised value of
3-7 all department real property, excluding rights-of-way.
3-8 SECTION 2. (a) Not later than December 1, 2001, the Texas
3-9 Department of Transportation shall submit to the General Land
3-10 Office the department's first report on real property owned by the
3-11 department, as required by Section 204.002, Transportation Code, as
3-12 added by this Act.
3-13 (b) Not later than September 1, 2003, the department shall
3-14 determine the appraised value or estimated market value of any real
3-15 property owned by the department. The department may contract with
3-16 the General Land Office to perform an appraisal or estimate.
3-17 SECTION 3. The department is not required to comply with the
3-18 requirement imposed by Section 204.003, Transportation Code, as
3-19 added by this Act, relating to the payment of a capital charge,
3-20 before September 1, 2003. If necessary to comply with Section
3-21 204.003, Transportation Code, as added by this Act, the department
3-22 may use the property values from the review under Section 31.156,
3-23 Natural Resources Code.
3-24 SECTION 4. This Act takes effect September 1, 2001.