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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale and sale and leaseback of certain state |
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property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 2165, Government Code, is |
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amended by adding Section 2165.059 to read as follows: |
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Sec. 2165.059. SALE OR SALE AND LEASEBACK OF STATE |
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BUILDINGS AND LAND. (a) The commission, with assistance from the |
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asset management division of the General Land Office, shall study |
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the financial implications for the state of selling state buildings |
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and leasing office space for a period of 99 years. |
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(b) The commission, with assistance from the asset |
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management division of the General Land Office, shall identify |
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state buildings and underused or undeveloped land that could be |
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sold or sold and leased back from the purchaser by the state under |
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Section 31.151, Natural Resources Code. In making a determination |
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under this section, the commission shall consider: |
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(1) the state's current need for office space and the |
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projected need for office space; |
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(2) the potential uses for underused or undeveloped |
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land; |
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(3) the fair market value of the buildings or land; |
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(4) the current and projected lease costs; |
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(5) any property tax implications resulting from the |
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sale; and |
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(6) the terms of the leaseback agreement. |
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SECTION 2. Subchapter E, Chapter 31, Natural Resources |
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Code, is amended by adding Section 31.151 to read as follows: |
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Sec. 31.151. SALE OR SALE AND LEASEBACK OF STATE BUILDINGS |
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AND LAND. (a) If the commissioner determines that the sale of one |
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or more state buildings or parcels of underused or undeveloped land |
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identified by the Texas Facilities Commission under Section |
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2165.059, Government Code, is the best use of the building or land |
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for the state, the commissioner shall sell the building or land to |
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one or more purchasers. |
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(b) If the commissioner determines that the sale and |
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leaseback of one or more state buildings sold under Subsection (a) |
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is the most economical means of providing office space for the |
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state, the commissioner may agree to lease the buildings back to the |
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state under a long-term lease. |
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(c) Section 31.159 does not apply to a sale under this |
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section. |
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(d) The lieutenant governor, the speaker of the house of |
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representatives, and the governor shall appoint an oversight |
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committee to receive information about the identification of state |
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buildings and land under Section 2165.059, Government Code, and |
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sale or sale and leaseback transactions under this section. The |
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oversight committee consists of four senators appointed by the |
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lieutenant governor, four members of the house of representatives |
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appointed by the speaker of the house of representatives, and one |
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member of the public appointed by the governor. The public member |
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serves a term of six years. The committee shall report to the |
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lieutenant governor and the speaker of the house of representatives |
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on any building or land recommended for sale and make any |
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recommendations the committee determines are necessary. The |
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commissioner and the Texas Facilities Commission shall keep the |
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committee informed. |
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SECTION 3. (a) Not later than September 1, 2012, the Texas |
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Facilities Commission shall develop a list of state buildings and |
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underused or undeveloped land under Section 2165.059, Government |
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Code, as added by this Act, the sale or sale and leaseback of which |
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would raise revenue under Section 31.151, Natural Resources Code, |
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as added by this Act. |
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(b) The comptroller may group the buildings and land |
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identified under Subsection (a) of this section into packages that |
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would each raise approximately $500 million in revenue. |
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(c) The governor shall appoint the public member of the |
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oversight committee under Section 31.151(d), Natural Resources |
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Code, as added by this Act, for a term expiring February 1, 2017. |
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SECTION 4. This Act takes effect September 1, 2011. |