By Staples S.B. No. 1604
77R4007 BDH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use and management of certain state-owned real
1-3 property.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle E, Title 10, Government Code, is amended
1-6 by adding Chapter 2206 to read as follows:
1-7 CHAPTER 2206. USE AND MANAGEMENT OF STATE PROPERTY; CAPITAL
1-8 CHARGES
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 2206.001. DEFINITIONS. In this chapter:
1-11 (1) "Capital charge" means an amount paid to the state
1-12 by a state agency based on real property owned by the agency and
1-13 designed to provide budgetary incentives for an agency to use its
1-14 property in a cost-effective manner.
1-15 (2) "Real property" means land, including improvements
1-16 and fixtures on the land, property of any nature appurtenant to the
1-17 land or used in connection with the land, and a legal or equitable
1-18 estate, interest, or right in land, including leasehold interests,
1-19 terms for years, and a judgment, mortgage, or other lien.
1-20 (Sections 2206.002-2206.010 reserved for expansion)
1-21 SUBCHAPTER B. INFORMATION ON REAL PROPERTY
1-22 Sec. 2206.011. CONSOLIDATED REAL PROPERTY DATABASE. The
1-23 General Land Office, the General Services Commission, and the
1-24 comptroller shall:
2-1 (1) consolidate their respective databases of real
2-2 property owned by the state; and
2-3 (2) adopt reporting standards established by the
2-4 Governmental Accounting Standards Board.
2-5 Sec. 2206.012. REPORT ON REAL PROPERTY; REQUIREMENTS. (a)
2-6 Each state agency shall submit to the General Land Office, on a
2-7 quarterly basis and in a format and manner determined by the
2-8 General Land Office, the following information on any real property
2-9 owned by the agency:
2-10 (1) total land owned, in acres;
2-11 (2) location of property owned, by county;
2-12 (3) historical or acquisition costs of property owned,
2-13 including date of acquisition, method of finance, and nature of any
2-14 subsequent improvements;
2-15 (4) appraised market value of property, if known,
2-16 including year of appraisal;
2-17 (5) current use, expected short-term use, and expected
2-18 long-term use of property;
2-19 (6) recommendations on the retention or disposal of
2-20 the property; and
2-21 (7) any effects on federal direct and indirect cost
2-22 recovery according to the federal Office of Management and Budget.
2-23 (b) The General Land Office shall provide the information
2-24 under this section to the comptroller. The General Land Office, on
2-25 request, shall provide the information to the General Services
2-26 Commission and the Legislative Budget Board.
2-27 (c) The Legislative Budget Board may request from the
3-1 General Land Office a detailed analysis of real property reported
3-2 under Subsection (a), including potential uses of the property and
3-3 the likelihood of sale or lease of the property in the following
3-4 two-year period.
3-5 (d) The comptroller shall modify any accounting systems of
3-6 the comptroller's office as necessary to accept and translate data
3-7 received under this section.
3-8 (Sections 2206.013-2206.020 reserved for expansion)
3-9 SUBCHAPTER C. CAPITAL CHARGES
3-10 Sec. 2206.021. CAPITAL CHARGE ON REAL PROPERTY. (a) During
3-11 September of each state fiscal year, each state agency shall pay to
3-12 the state a capital charge in an amount equal to seven percent of
3-13 the fair market value of each item of real property owned by the
3-14 agency. If the fair market value is unavailable, the agency shall
3-15 pay a charge based on the historical costs of the property.
3-16 (b) The Legislative Budget Board may assess a different
3-17 value to real property owned by a state agency from the value
3-18 submitted by the agency under Subsection (a).
3-19 (c) A state agency may not receive legislative
3-20 appropriations to pay capital charges under this section in an
3-21 amount equal to the net amount of capital charge assessments less
3-22 an amount equal to not more than 100 percent or less than 90
3-23 percent of the agency's capital charges for the year.
3-24 Sec. 2206.022. PROCEEDS FROM SALE OF REAL PROPERTY.
3-25 Notwithstanding any other provisions of this code, the proceeds
3-26 from a state agency's sale of real property owned by the agency
3-27 shall be used to pay any existing capital charges, and at least 60
4-1 percent of any remaining amount shall be credited to the agency's
4-2 budget, as determined by the Legislative Budget Board.
4-3 SECTION 2. (a) Not later than December 1, 2001, each state
4-4 agency shall submit to the General Land Office the agency's first
4-5 report on real property owned by the agency, as required by Section
4-6 2206.012, Government Code, as added by this Act.
4-7 (b) Not later than September 1, 2002, the General Land
4-8 Office, the General Services Commission, and the comptroller of
4-9 public accounts shall each adopt reporting standards established by
4-10 the Governmental Accounting Standards Board, as required by Section
4-11 2206.011, Government Code, as added by this Act.
4-12 (c) Not later than September 1, 2003, a state agency
4-13 required to submit a report under Section 2206.012, Government
4-14 Code, as added by this Act, shall determine the appraised value or
4-15 estimated market value of any real property owned by the agency.
4-16 An agency may contract with the General Land Office to perform an
4-17 appraisal or estimate.
4-18 SECTION 3. A state agency is not required to comply with the
4-19 requirement imposed by Section 2206.021, Government Code, as added
4-20 by this Act, relating to the payment of a capital charge, before
4-21 September 1, 2003.
4-22 SECTION 4. This Act takes effect September 1, 2001.