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By:  Ellis                                                        S.B. No. 388


A BILL TO BE ENTITLED

AN ACT

relating to the use and management of certain state-owned real 
property.    
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  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, "committee" 
means the Texas Real Property Interim Committee.
	Sec. 2206.002.  TEXAS REAL PROPERTY INTERIM COMMITTEE.  (a)  
The Texas Real Property Interim Committee is created to:
		(1)  investigate the number and function of state 
agency field offices; and
		(2)  sell, close, or colocate state agency field 
offices, if appropriate.
	(b)  The committee is composed of:                                      
		(1)  the governor or the governor's designee, who 
serves as presiding officer;
		(2)  the lieutenant governor or the lieutenant 
governor's designee;  
		(3)  one member appointed by the governor from a list of 
persons submitted by the speaker of the house of representatives;
		(4)  the land commissioner or the land commissioner's 
designee;      
		(5)  the comptroller or the comptroller's designee; and                
		(6)  the executive director of the Texas Building and 
Procurement Commission as a nonvoting member.
	(c)  The governor may reject the persons on a list submitted 
under Subsection (b)(3) and require a new list to be submitted.
	(d)  The committee may request the assistance of the 
employees of the Legislative Budget Board and the state auditor's 
office in carrying out the committee's duties.
	(e)  The committee shall meet at least quarterly at the call 
of the presiding officer.
	Sec. 2206.003.  POWERS AND DUTIES OF COMMITTEE.  (a)  The 
committee may require a state agency to:
		(1)  sell real property or any part of real property 
used as an agency field office if the committee determines that the 
property is not being used or is being substantially underused for 
the purposes of efficiently and effectively performing the 
functions of state government;
		(2)  terminate a lease of real property used as an 
agency field office according to the terms of the lease if the 
committee determines that the functions of state government can be 
more efficiently and effectively performed by the agency at a 
different location; or
		(3)  colocate a field office with one or more other 
state agencies if the committee determines that the functions of 
state government can be more efficiently and effectively performed 
by the agencies at the same location.
	(b)  This section does not apply to a state park or 
historical site owned or operated by the state.
	Sec. 2206.004.  PROCEEDS FROM SALE OF PROPERTY.  
Notwithstanding any other law, proceeds from the sale of real 
property sold under Section 2206.003 shall be deposited in the fund 
from which the money used to buy the property was taken, if the fund 
is known and continues to exist.  In any other circumstances, the 
proceeds shall be deposited in the unobligated portion of the 
general revenue fund.
	Sec. 2206.005.  CAPITAL CHARGE.  The committee, in 
consultation with the Legislative Budget Board, may impose a 
capital charge, as defined by Section 31.1586, Natural Resources 
Code, on a state agency that is payable by a specified date if the 
committee determines that:
		(1)  the state agency possesses real property that is 
not being put to its highest and best use; and
		(2)  it is not in the best interest of the state to sell 
the property.
	Sec. 2206.0055.  CERTAIN GIFTS AND BEQUESTS EXCLUDED.  This 
chapter does not apply to real property acquired by gift or bequest 
by an institution of higher education, as defined by Section 
61.003, Education Code.
	Sec. 2206.006.  EXPIRATION AND ABOLITION.  This chapter 
expires and the committee is abolished on September 1, 2005.
	SECTION 2.  Subchapter E, Chapter 31, Natural Resources 
Code, is amended by adding Sections 31.1585 and 31.1586 to read as 
follows:
	Sec. 31.1585.  CERTAIN PROCEEDS.  Notwithstanding any other 
law, proceeds from the sale of real property that was recommended 
for sale by the division and not disapproved for sale by the 
governor during the calendar years 1995 through 2002 shall be 
deposited in the unobligated portion of the general revenue fund 
and may only be appropriated to the state agency that possessed the 
property at the time of the sale for use by the state agency in 
performing its duties.
	Sec. 31.1586.  DEFINITION.  For purposes of state law, 
"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.
	SECTION 3.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.