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.