By:  Staples                                                      S.B. No. 1634


A BILL TO BE ENTITLED

AN ACT

relating to the limitation on the allocation of office space to 
state agencies.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 2165.056, Government Code, is amended to 
read as follows:
	(a)  The commission shall [may, at a state agency's request,] 
exercise the powers and duties given to the commission by this 
subchapter and Subchapters A, D, E, and F, on or with respect to any 
property owned or leased by the state.
	(b)  Services provided by the commission under this section 
are not subject to Chapter 771.
	(c)  The commission shall establish a system of charges for 
providing services under this section to assure recovery of the 
cost of providing the services and shall submit a purchase voucher 
or journal voucher after the close of each month to agencies for 
which services were performed.
	SECTION 2.  Section 2165.104(c), Government Code, is amended 
to read as follows:
	(c)  To the extent possible without sacrificing critical 
public or client services,The the commission may not allocate 
usable office space, as defined by the commission, to a state agency 
under Article I, II, V, VI, VII, or VIII of the General 
Appropriations Act or to the Texas Higher Education Coordinating 
Board, the Texas Education Agency, the State Board for Educator 
Certification, the Telecommunications Infrastructure Fund Board, 
or the Office of Court Administration of the Texas Judicial System 
in an amount that exceeds an average of 153 square feet per agency 
employee for each agency site.  To the extent that any of those 
agencies allocates its own usable office space, as defined by the 
commission, the agency shall allocate the space to achieve the 
required ratio.
	(d)  Upon good cause, the commission may grant an agency a 
waiver when critical to the public or client services.  The waiver 
is contingent upon commission board approval.  All waivers granted 
shall be reported annually to the:
		(1)  Governor                                                          
		(2)  Lieutenant Governor                                               
		(3)  Speaker of the House                                              
		(4)  Chairs of Senate Finance and House Appropriations                 
		(5)  Chairs of Senate and House Administration                         

This subsection does not apply to:                                            
		(1)  [an agency site at which fewer than 16 employees 
are located;]
		[(2)]  warehouse space;                                      
		(2) [(3)]  laboratory space;                          
		(3) [(4)]  storage space exceeding 1,000 gross square 
feet;
		(4) [(5)]  library space;                             
		(5) [(6)]  space for hearing rooms used to conduct 
hearings required under the administrative procedure law, Chapter 
2001; or
		(6) [(7)]  another type of space specified by 
commission rule, if the commission determines that it is not 
practical to apply this subsection to that space.
	(e) [(d)]  The commission shall conduct a study under this 
section at least once each state fiscal biennium.
	(f) [(e)]  This section does not apply to space that is not 
occupied by a state agency as defined by Section 2151.002.
	SECTION 3.  This Act takes effect September 1, 2003.