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78R10311 MTB-D
By: Cook of Colorado H.B. No. 3039
A BILL TO BE ENTITLED
AN ACT
relating to the lease of space for state agencies by the Texas
Building and Procurement Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2167.001, Government Code, is amended to
read as follows:
Sec. 2167.001. APPLICABILITY. (a) This chapter applies
to:
(1) office space;
(2) warehouse space;
(3) laboratory space;
(4) storage space exceeding 1,000 gross square feet;
[and]
(5) boat storage space;
(6) aircraft hangar space;
(7) vehicle parking space; and
(8) a combination of those kinds of space.
(b) This chapter does not apply to:
(1) [aircraft hangar space;
[(2)] radio antenna space;
(2) [(3) boat storage space;
[(4) vehicle parking space;
[(5)] residential space for a Texas Department of
Mental Health and Mental Retardation program;
(3) [(6)] residential space for a Texas Youth
Commission program;
(4) [(7)] space to be used for less than one month for
meetings, conferences, conventions, seminars, displays,
examinations, auctions, or similar purposes;
(5) [(8)] district office space for members of the
legislature;
(6) [(9)] space used by the Texas Workforce
[Employment] Commission;
(7) [(10)] residential property acquired by the Texas
Department of Housing and Community Affairs or the Texas State
Affordable Housing Corporation that is offered for sale or rental
to individuals and families of low or very low income or families of
moderate income; or
(8) [(11)] except as provided by Section 2167.007,
classroom and instructional space for an institution of higher
education.
SECTION 2. Section 2167.005, Government Code, is amended by
adding Subsection (d) to read as follows:
(d) The commission may revoke a delegation of authority made
under this section.
SECTION 3. Section 2167.007(c), Government Code, is amended
to read as follows:
(c) The commission may [shall] establish a system of charges
and billings to assure the recovery of the cost of providing
services under Subsection (a) and may [shall] submit, after the
close of each month, a purchase voucher or journal voucher to an
agency for which services were provided.
SECTION 4. Section 2167.054(d), Government Code, is amended
to read as follows:
(d) As provided in a request for proposals and under rules
adopted by the commission, the commission may discuss acceptable or
potentially acceptable proposals with offerors to assess an
offeror's ability to meet the solicitation requirements and to
obtain the most advantageous lease contract for the state. The
commission may [shall] invite a leasing state agency to participate
in discussions and negotiations conducted under this section.
After receiving a proposal but before making an award, the
commission may permit the offeror to revise the proposal to obtain
the best final proposal.
SECTION 5. Sections 2167.055(d) and (f), Government Code,
are amended to read as follows:
(d) A lease contract that does not contain an option to
renew may, on agreement of the parties, be renewed under terms to
which all parties to the contract agree [once under the provisions
of the original contract for a term that does not exceed one year].
(f) The obligation of the lessor to provide lease space and
of the commission to accept the space is binding on the execution of
the lease [award of the] contract.
SECTION 6. Section 2167.101, Government Code, is amended to
read as follows:
Sec. 2167.101. CERTIFICATION OF AVAILABLE MONEY. A state
agency occupying space leased under this chapter shall certify to
the commission, at least 60 days before the beginning of each fiscal
biennium during the lease term, that money is available to pay for
the lease until the end of the next fiscal biennium.
SECTION 7. The following laws are repealed:
(1) Section 2167.003(c), Government Code;
(2) Section 2167.004(b), Government Code; and
(3) Section 2167.106, Government Code.
SECTION 8. (a) This Act takes effect September 1, 2003.
(b) A lease contract entered into by the Texas Building and
Procurement Commission before September 1, 2003, under Chapter
2167, Government Code, is governed during the remaining term of the
lease by Chapter 2167, Government Code, as it existed immediately
before September 1, 2003, and the prior law is continued in effect
for this purpose. Chapter 2167, Government Code, as amended by this
Act, applies to the renewal of a lease described by this subsection.