78R9093 MTB-D
By: Swinford H.B. No. 3003
A BILL TO BE ENTITLED
AN ACT
relating to the management, use, and information about state
facilities, real property, and other property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 2165, Government Code, is
amended by adding Section 2165.007 to read as follows:
Sec. 2165.007. FACILITIES MANAGEMENT SERVICES. (a) In
this section, "facilities management services" means any state
agency facilities management service that is not unique to carrying
out a program of the agency. The term includes services related to
facilities construction and management, energy management, general
building and grounds maintenance, facility leasing, and data
facilities management.
(b) Notwithstanding any other law, the commission shall
provide facilities management services in relation to all
facilities used for a state agency's headquarters in Travis County
or a county adjacent to Travis County.
SECTION 2. Subchapter B, Chapter 2165, Government Code, is
amended by adding Section 2165.057 to read as follows:
Sec. 2165.057. MANAGEMENT OF FACILITIES. The commission
shall develop and implement policies that clearly define the
responsibilities of the commission and the commission's staff that
relate to conducting facilities management services for state
agency facilities under Section 2165.007.
SECTION 3. Subtitle E, Title 10, Government Code, is
amended by adding Chapter 2206 to read as follows:
CHAPTER 2206. USE AND MANAGEMENT OF STATE PROPERTY
Sec. 2206.001. DEFINITION. In this chapter, "capital
charge" means an amount paid to the state by a state agency based on
real property owned by the agency and designed to provide budgetary
incentives for an agency to use its property in a cost-effective
manner.
Sec. 2206.002. INFORMATION ON REAL PROPERTY. Each state
agency shall include, as part of its legislative appropriations
request, the following information on any real property owned by
the agency:
(1) total land owned, in acres;
(2) total building space owned, in usable square feet;
(3) location of property owned, by county,
municipality, and survey;
(4) historical or acquisition costs of property owned
and improvements;
(5) appraised market value of property owned, if
known, including year of appraisal;
(6) if an appraisal is not available or is more than
four years old, estimated market value of property owned using
available indices or comparisons to county central appraisal
district data, local economic data, or other sources;
(7) current use, expected use during the next
biennium, and expected long-term use of the property owned;
(8) recommendations on the retention or disposition of
property owned and, if the agency recommends that a property be
disposed of, efforts made to market the property; and
(9) estimated impact, if any, of the capital charge
system on federal direct and indirect cost recovery.
Sec. 2206.003. TEXAS AGENCY INFRASTRUCTURE COMMISSION. (a)
In this section, "commission" means the Texas Agency Infrastructure
Commission.
(b) The Texas Agency Infrastructure Commission is created
to:
(1) investigate the number and function of state
agency field offices; and
(2) recommend the colocation or closure of state
agency field offices, if appropriate.
(c) The commission is composed of:
(1) four members appointed by the governor;
(2) one member appointed by the governor who serves as
presiding officer;
(3) one member appointed by the lieutenant governor;
(4) one member appointed by the governor from a list of
persons submitted by the speaker of the house of representatives;
(5) one member appointed by the land commissioner; and
(6) one member appointed by the comptroller.
(d) The governor may reject the persons on a list submitted
under Subsection (c)(4) and require a new list to be submitted.
(e) A member of the commission may not receive compensation
but is entitled to reimbursement, as provided by the General
Appropriations Act, for the travel expenses incurred in conducting
the business of the commission. The travel expenses of a member are
payable from the funds appropriated to the office of the officer who
appointed the member, except that the expenses of a member
appointed under Subsection (c)(4) are payable from the funds
appropriated to the office of the speaker.
(f) Employees of the governor's office and the asset
management division of the General Land Office shall staff the
commission.
(g) The commission shall meet at the call of the presiding
officer.
(h) Before September 1, 2004, the commission shall submit a
report with its findings and recommendations for state agency field
offices to:
(1) the legislature;
(2) the governor; and
(3) the comptroller.
(i) This section expires and the commission is abolished on
September 1, 2004.
SECTION 4. Subchapter A, Chapter 12, Parks and Wildlife
Code, is amended by adding Section 12.0261 to read as follows:
Sec. 12.0261. ASSESSMENT OF USING STATE LAND FOR PUBLIC
HUNTING. (a) Not later than January 31 of each even-numbered year,
the department shall request an inventory and assessment from all
state agencies holding state land that may be suitable for public
hunting, including land in the permanent university fund.
(b) Not later than June 1 of each even-numbered year, each
state agency contacted shall provide the department with an
inventory of the land the agency holds in this state and an
assessment of the potential of each property listed on the
inventory for use in a public hunting program to be managed by the
department.
(c) Based on the inventories and assessments received under
Subsection (b), the department shall identify land appropriate for
public hunting. If the department finds that the economic benefit
of making the land available for a public hunting program is greater
than the costs to this state, including administrative, personnel,
and environmental costs or costs associated with the loss of use of
the land for other purposes, the department shall prepare a
detailed proposal to implement a public hunting program for that
land.
(d) The department shall send to the affected state agency
its proposal for a property selected under Subsection (c). Before a
public hunting program may begin on land identified under this
section, the department and the affected agency must agree on the
terms of the proposal.
(e) Not later than December 31 of each even-numbered year,
the department shall report on the results of the assessments,
proposals, and programs under this section to the governor, the
lieutenant governor, the speaker of the house of representatives,
and the chairs of appropriate house and senate committees.
SECTION 5. Subchapter D, Chapter 201, Transportation Code,
is amended by adding Section 201.210 to read as follows:
Sec. 201.210. ASSET MANAGEMENT. (a) The department shall
implement a comprehensive asset management system for owned and
leased assets, excluding rights-of-way. The system shall include:
(1) an annual statewide asset review;
(2) creation of standards for classifying assets;
(3) monitoring of asset transactions and the
development of timetables for transactions;
(4) use of the department's leased facilities
database, if feasible;
(5) incorporation of:
(A) previous department asset assessments; and
(B) information from the General Land Office's
evaluation of department real property; and
(6) integration with department district information
systems.
(b) The department shall create a statewide facilities
master plan for owned and leased real property, including
department facilities. The plan shall:
(1) be updated every biennium;
(2) distinguish between simple and complex assets;
(3) include the development of timetables for asset
transactions; and
(4) implement the recommendations from the General
Land Office's evaluation of department real property by the end of
fiscal year 2006, not including recommendations relating to the
Sugarland Prison Farm, the Leander Rehabilitation Center, and the
department district's headquarters in San Antonio.
(c) The department shall develop and publish guidelines for
barter transactions involving department facilities.
(d) The department shall hire qualified specialists and
analysts as necessary to implement this section.
SECTION 6. Subchapter I, Chapter 201, Transportation Code,
is amended by adding Section 201.7045 to read as follows:
Sec. 201.7045. REPAIR AND MAINTENANCE OF HIGHWAY EQUIPMENT
AND MOTOR VEHICLES. In connection with the repair and maintenance
of highway equipment and motor vehicles used by the department, the
department shall:
(1) hold district engineers accountable for
compliance with equipment preventative maintenance schedules;
(2) improve maintenance practices so as to reduce
downtime and total equipment requirements and to improve equipment
reliability and salvage value;
(3) require that, whenever practicable, preventative
maintenance be performed on equipment and vehicles when they are
not being used for operations;
(4) recalculate district shop and labor rate
calculations to reflect "best practice" standards; and
(5) use outside contractors to perform after-hours
maintenance whenever the department has evaluated the
cost-effectiveness of after-hours maintenance and determined that
performing after-hours maintenance is the most efficient option.
SECTION 7. (a) Not later than September 1, 2004, the Texas
Department of Transportation shall adopt rules for leasing
rights-of-way, including highway medians and light towers for
telecommunications purposes.
(b) The department may appoint a rules advisory committee
that includes representatives of the telecommunications industry
to assist the department in drafting the rules.
SECTION 8. This Act takes effect September 1, 2003.