82R23560 EAH-D

By: Gallego, Callegari, Oliveira, Cook H.B. No. 2373

Substitute the following for H.B. No. 2373:

By: Cook C.S.H.B. No. 2373

A BILL TO BE ENTITLED

AN ACT

relating to control over state facilities and to the abolition of the Texas Facilities Commission and the transfer of its duties to the General Land Office.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 443.007(a), Government Code, is amended to read as follows:

(a) The board shall:

(1) preserve, maintain, and restore the Capitol, the General Land Office Building, the John H. Reagan Building, their contents, and their grounds;

(2) define the buildings' grounds, except that the grounds may not include another state office building;

(3) review and approve the executive director's annual budget and work plan, the long-range master plan for the buildings and their grounds, and the furnishings plan for placement and care of objects under the care of the curator;

(4) approve all changes to the buildings and their grounds, including usual maintenance and any transfers or loans of objects under the curator of the Capitol's care;

(5) define and identify all significant aspects of the buildings and their grounds;

(6) define and identify, with the curator of the Capitol, all significant contents of the buildings and all state-owned items of historical significance that were at one time in the buildings; and

(7) maintain records relating to the construction and development of the buildings, their contents, and their grounds, including documents such as plans, specifications, photographs, purchase orders, and other related documents, the original copies of which shall be maintained by the Texas State Library and Archives Commission.

SECTION 2. Section 466.104(b), Government Code, is amended to read as follows:

(b) The comptroller may request assistance from the General Land Office [Texas Facilities Commission] in performing its facilities-related duties under this section.

SECTION 3. Section 571.061(a), Government Code, is amended to read as follows:

(a) The commission shall administer and enforce:

(1) Chapters 302, 303, 305, 572, and 2004;

(2) Subchapter C, Chapter 159, Local Government Code, in connection with a county judicial officer, as defined by Section 159.051, Local Government Code, who elects to file a financial statement with the commission;

(3) Title 15, Election Code; and

(4) Section [Sections 2152.064 and] 2155.003.

SECTION 4. Section 571.091(a), Government Code, is amended to read as follows:

(a) The commission shall prepare a written opinion answering the request of a person subject to any of the following laws for an opinion about the application of any of these laws to the person in regard to a specified existing or hypothetical factual situation:

(1) Chapter 302;

(2) Chapter 303;

(3) Chapter 305;

(4) Chapter 2004;

(5) Chapter 572;

(6) Subchapter C, Chapter 159, Local Government Code, as provided by Section 571.061(a)(2);

(7) Title 15, Election Code;

(8) Chapter 36, Penal Code;

(9) Chapter 39, Penal Code; or

(10) [Section 2152.064; or

[(11)] Section 2155.003.

SECTION 5. Section 572.003(c), Government Code, is amended to read as follows:

(c) The term means a member of:

(1) the Public Utility Commission of Texas;

(2) the Texas Department of Economic Development;

(3) the Texas Commission on Environmental Quality;

(4) the Texas Alcoholic Beverage Commission;

(5) The Finance Commission of Texas;

(6) [the Texas Facilities Commission;

[(7)] the Texas Board of Criminal Justice;

(7) [(8)] the board of trustees of the Employees Retirement System of Texas;

(8) [(9)] the Texas Transportation Commission;

(9) [(10) the Texas Workers' Compensation Commission;

[(11)] the Texas Department of Insurance;

(10) [(12)] the Parks and Wildlife Commission;

(11) [(13)] the Public Safety Commission;

(12) [(14)] the Texas Ethics Commission;

(13) [(15)] the State Securities Board;

(14) [(16)] the Texas Water Development Board;

(15) [(17)] the governing board of a public senior college or university as defined by Section 61.003, Education Code, or of The University of Texas Southwestern Medical Center at Dallas, The University of Texas Medical Branch at Galveston, The University of Texas Health Science Center at Houston, The University of Texas Health Science Center at San Antonio, The University of Texas System M. D. Anderson Cancer Center, The University of Texas Health Science Center at Tyler, University of North Texas Health Science Center at Fort Worth, Texas Tech University Health Sciences Center, Texas State Technical College--Harlingen, Texas State Technical College--Marshall, Texas State Technical College--Sweetwater, or Texas State Technical College--Waco;

(16) [(18)] the Texas Higher Education Coordinating Board;

(17) [(19)] the Texas Workforce Commission;

(18) [(21)] the board of trustees of the Teacher Retirement System of Texas;

(19) [(22)] the Credit Union Commission;

(20) [(23)] the School Land Board;

(21) [(24)] the board of the Texas Department of Housing and Community Affairs;

(22) [(25)] the Texas Racing Commission;

(23) [(26)] the State Board of Dental Examiners;

(24) [(27)] the Texas Medical [State] Board [of Medical Examiners];

(25) [(28)] the Board of Pardons and Paroles;

(26) [(29)] the Texas State Board of Pharmacy;

(27) [(30)] the Department of Information Resources governing board;

(28) [(31)] the Motor Vehicle Board;

(29) [(32)] the Texas Real Estate Commission;

(30) [(33)] the board of directors of the State Bar of Texas;

(31) [(34)] the bond review board;

(32) [(35)] the [Texas Board of] Health and Human Services Commission;

(33) [(36) the Texas Board of Mental Health and Mental Retardation;

[(37) the Texas Board on Aging;

[(38) the Texas Board of Human Services;

[(39)] the Texas Funeral Service Commission;

(34) [(40)] the board of directors of a river authority created under the Texas Constitution or a statute of this state; or

(35) [(41)] the Texas Lottery Commission.

SECTION 6. Section 659.301(5), Government Code, is amended to read as follows:

(5) "State employee" means an individual who:

(A) is a commissioned law enforcement officer of the Department of Public Safety, the General Land Office [Texas Facilities Commission], the Texas Alcoholic Beverage Commission, or the Texas Department of Criminal Justice;

(B) is a commissioned security officer of the comptroller;

(C) is a law enforcement officer commissioned by the Parks and Wildlife Commission;

(D) is a commissioned peace officer of an institution of higher education;

(E) is an employee or official of the Board of Pardons and Paroles or the parole division of the Texas Department of Criminal Justice if the employee or official has routine direct contact with inmates of any penal or correctional institution or with administratively released prisoners subject to the board's jurisdiction;

(F) has been certified to the Employees Retirement System of Texas under Section 815.505 as having begun employment as a law enforcement officer or custodial officer, unless the individual has been certified to the system as having ceased employment as a law enforcement officer or custodial officer; or

(G) before May 29, 1987, received hazardous duty pay based on the terms of any state law if the individual holds a position designated under that law as eligible for the pay.

SECTION 7. Section 663.001(3), Government Code, is amended to read as follows:

(3) "Commission" means the commissioner of the General Land Office [Texas Facilities Commission].

SECTION 8. Section 2151.003, Government Code, is amended to read as follows:

Sec. 2151.003. REFERENCE. A statutory reference to the General Services Commission, the State Board of Control, the State Purchasing and General Services Commission, or the Texas Building and Procurement Commission means:

(1) the commissioner of the General Land Office [Texas Facilities Commission] if the statutory reference concerns:

(A) charge and control of state buildings, grounds, or property;

(B) maintenance or repair of state buildings, grounds, or property;

(C) construction of a state building;

(D) purchase or lease of state buildings, grounds, or property by or for the state;

(E) child care services for state employees under Chapter 663; or

(F) surplus and salvage property; and

(2) the comptroller in all other circumstances, except as otherwise provided by law.

SECTION 9. Section 2151.004(c), Government Code, is amended to read as follows:

(c) The commissioner of the General Land Office [Texas Facilities Commission] retains the powers and duties of the former Texas Building and Procurement Commission relating to charge and control of state buildings, grounds, or property, maintenance or repair of state buildings, grounds, or property, child care services for state employees under Chapter 663, surplus and salvage property, construction of a state building, or purchase or lease of state buildings, grounds, or property by or for the state.

SECTION 10. Section 2151.0041(c), Government Code, is amended to read as follows:

(c) Unless otherwise provided by the legislature by law, on September 1, 2013:

(1) the powers and duties transferred to the comptroller under Section 2151.004(d) and under House Bill 3560, Acts of the 80th Legislature, Regular Session, 2007, are transferred to the commissioner of the General Land Office [Texas Facilities Commission];

(2) a reference in law to the comptroller relating to a power or duty transferred under this subsection means the commissioner of the General Land Office [Texas Facilities Commission];

(3) a rule or form adopted by the comptroller relating to a power or duty transferred under this subsection is a rule or form of the commissioner of the General Land Office [Texas Facilities Commission] and remains in effect until altered by the commission;

(4) all obligations, contracts, proceedings, cases, negotiations, funds, and employees of the comptroller relating to a power or duty transferred under this subsection are transferred to the commissioner of the General Land Office [Texas Facilities Commission];

(5) all property and records in the custody of the comptroller relating to a power or duty transferred under this subsection and all funds appropriated by the legislature for purposes related to a power or duty transferred under this subsection are transferred to the commissioner of the General Land Office [Texas Facilities Commission]; and

(6) Section 122.0011, Human Resources Code, and the following provisions of the Government Code expire:

(A) Sections 2151.004(c) and (d);

(B) Section 2155.0011;

(C) Section 2155.086;

(D) Section 2155.087;

(E) Section 2156.0011;

(F) Section 2157.0011;

(G) Section 2158.0011;

(H) Section 2161.0011;

(I) Section 2163.0011;

(J) Section 2170.0011;

(K) Section 2171.0011;

(L) Section 2172.0011;

(M) Section 2176.0011; and

(N) Section 2262.0011.

SECTION 11. Section 2155.087(b), Government Code, is amended to read as follows:

(b) The Statewide Procurement Advisory Council consists of the following four members or their designees:

(1) one member appointed by the governor;

(2) one member appointed by the commissioner of the General Land Office [Texas Facilities Commission];

(3) one member appointed by the Department of Information Resources; and

(4) one member appointed by the Legislative Budget Board.

SECTION 12. Section 2155.147(a), Government Code, is amended to read as follows:

(a) The General Land Office is delegated all purchasing functions under Subtitles A, B, C, D, and E, Title 2, Natural Resources Code [relating to purchases under Section 33.603, Natural Resources Code, including coastal erosion studies, demonstration studies, and response projects].

SECTION 13. Section 2155.149(a), Government Code, is amended to read as follows:

(a) The Veterans' Land Board is delegated all purchasing functions under Title 7, Natural Resources Code [relating to veterans homes and veterans cemeteries].

SECTION 14. Section 2162.051(a), Government Code, is amended to read as follows:

(a) The State Council on Competitive Government consists of the following individuals or the individuals they designate:

(1) the governor;

(2) the lieutenant governor;

(3) the comptroller;

(4) the speaker of the house of representatives;

(5) [the presiding officer of the Texas Facilities Commission;

[(6)] the commissioner of the Texas Workforce Commission representing labor; and

(6) [(7)] the land commissioner.

SECTION 15. Section 2165.0011, Government Code, is amended to read as follows:

Sec. 2165.0011. DEFINITION. In this chapter, "commission" means the commissioner of the General Land Office [Texas Facilities Commission].

SECTION 16. Subchapter B, Chapter 2165, Government Code, is amended by adding Section 2165.059 to read as follows:

Sec. 2165.059. STATE FACILITIES FUND. (a) The state facilities fund is an account in the general revenue fund that may be appropriated only to the commissioner of the General Land Office for the purpose of implementing Chapters 2165, 2166, and 2167.

(b) The state facilities fund consists of:

(1) all money received from the lease of space to public or private tenants under this chapter, except as provided by Section 2165.156(2);

(2) all money received from the lease of space in state-owned parking lots and garages under Section 2165.2035;

(3) all money received from the use or lease of public buildings or grounds under Sections 2165.008 and 2165.151; and

(4) fines collected under Section 2165.058(e).

(c) Section 403.095 does not apply to the state facilities fund.

(d) The commissioner may recover all amounts spent from an account, other than the state facilities fund established under Subsection (a), for advertising, management, and leasing expenses incurred under this chapter from money described by Subsection (b) before deposit into the fund.

SECTION 17. Section 2165.107, Government Code, is amended to read as follows:

Sec. 2165.107. PREFERENCES IN ASSIGNING SPACE. (a) In filling a request for space, the commissioner of the General Land Office may, if economically feasible, [commission shall] give preference to available state-owned space.

(b) In assigning office space in a state building financed from bond proceeds, the commissioner may [commission shall] give first priority to a state agency that is not funded from general revenue.

SECTION 18. Section 2165.151, Government Code, is amended to read as follows:

Sec. 2165.151. AUTHORITY TO LEASE PUBLIC GROUNDS. All public grounds belonging to the state under the [commission's] charge and control of the commissioner of the General Land Office may be leased for any purpose [agricultural or commercial purposes].

SECTION 19. Section 2165.153, Government Code, is amended to read as follows:

Sec. 2165.153. ADVERTISEMENT OF LEASE PROPOSALS. The commissioner of the General Land Office [commission] shall advertise a lease proposal under this subchapter in the state business daily or on the General Land Office's Internet website [once a week for four consecutive weeks in at least two newspapers, one of which is published in the municipality in which the property is located or in the daily paper nearest to the property, and the other of which has statewide circulation].

SECTION 20. Section 2165.156, Government Code, is amended to read as follows:

Sec. 2165.156. DEPOSIT OF LEASE PROCEEDS. Money received from a lease under this subchapter, minus the amount spent for advertising, management, and leasing expenses, shall be deposited:

(1) in the general revenue fund [the state treasury] to the credit of the state facilities [general revenue] fund; or

(2) if the land leased belongs to an eleemosynary institution for which there is an appropriate special fund, to the credit of the institution in the appropriate special fund.

SECTION 21. Section 2165.2035(d), Government Code, is amended to read as follows:

(d) Money received from a lease under this program shall be deposited in the general revenue fund to the credit of the state facilities [general revenue] fund.

SECTION 22. Section 2165.206, Government Code, is amended to read as follows:

Sec. 2165.206. LEASE OF SPACE FOR CHILD CARE FACILITY. (a) The commissioner of the General Land Office may, if economically feasible, lease space to [Providing a site for] a child care facility in a state-owned building. A lease under this section may not impact [has first priority over all other uses of a building, except for the purposes essential to] the official functions of the agencies housed in the building.

(b) If the commissioner [commission] allocates space for the purpose of providing child care services for state employees, the commissioner [commission] shall designate the use of the space most appropriate for child care.

(c) Notwithstanding any other provision of this subtitle, the commissioner may [commission shall] lease at a rate set by the commissioner [commission] suitable space in state-owned buildings to child care providers selected as provided by Chapter 663.

SECTION 23. Section 2165.208, Government Code, is amended to read as follows:

Sec. 2165.208. UTILITIES AND CUSTODIAL SERVICES. [(a)] The commissioner of the General Land Office [commission] may furnish utilities and custodial services to a private tenant, including a child care provider selected by the commissioner under Chapter 663, at cost plus any management fees associated with procurement of services.

[(b) The commission shall furnish utilities and custodial services to a child care provider selected by the commission under Chapter 663 at cost.]

SECTION 24. Section 2165.211, Government Code, is amended to read as follows:

Sec. 2165.211. USE OF LEASE PROCEEDS. Money received from a lease under this subchapter shall be deposited in the general revenue fund to the credit of the state facilities fund [may be used only for building and property services performed by the commission].

SECTION 25. Section 2165.212, Government Code, is amended by amending Subsections (a) and (c) and adding Subsection (d) to read as follows:

(a) The commissioner of the General Land Office may [commission shall] request the Department of Assistive and Rehabilitative Services [Texas Commission for the Blind] to determine under Section 94.003, Human Resources Code, whether it is feasible to install a vending facility in a building in which the commissioner [commission] intends to lease space to a private tenant, other than a child care provider. If the installation of the facility is feasible, the commissioner may give preference to an operator licensed [commission shall permit the installation] in accordance with Chapter 94, Human Resources Code.

(c) If the Department of Assistive and Rehabilitative Services [Texas Commission for the Blind] determines that the installation of a vending facility is not feasible, the commissioner may, in determining allocation of space available for lease, give preference [commission shall lease space] to at least one private tenant whose activity in the building will be managed by a blind person or by a person with a disability who is not blind.

(d) Notwithstanding any other provision, including Chapter 94, Human Resources Code, the commissioner may allow a private vending facility to operate in a building under the commissioner's charge and control if the commissioner finds that it is in the best interest of the state.

SECTION 26. Section 2165.214, Government Code, is amended to read as follows:

Sec. 2165.214. PREFERENCE IN LEASING TO CERTAIN EXISTING VENDING FACILITIES. Notwithstanding the other provisions of this subchapter or Chapters 2155, 2156, 2157, and 2158, the commissioner of the General Land Office may [commission shall] give a preference, when leasing space in a state-owned building for the operation of a vending facility as defined by Chapter 94, Human Resources Code, to an existing lessee, licensee, or contractor who operates a vending facility on the property if:

(1) the existing lessee, licensee, or contractor has operated a vending facility on the property for not less than 10 years;

(2) Chapter 94, Human Resources Code, does not apply to the property;

(3) the commissioner [commission] finds there is a history of quality and reliable service; and

(4) the proposal of the existing lessee, licensee, or contractor for the right to continue operation of the facility is consistent with the historical quality of service and the historical retail pricing structure at the facility.

SECTION 27. Section 2165.252(b), Government Code, is amended to read as follows:

(b) The commissioner of the General Land Office [commission] may allocate space in buildings in the Texas Judicial Complex only to:

(1) a court;

(2) a judicial agency;

(3) the attorney general's office;

(4) the Texas Department of Criminal Justice;

(5) the Texas Youth Commission;

(6) the Criminal Justice Policy Council;

(7) the State Commission on Judicial Conduct;

(8) the State Office of Administrative Hearings;

(9) the Board of Law Examiners;

(10) the Council on Sex Offender Treatment;

(11) building security;

(12) building maintenance; or

(13) a vending facility [operated under Chapter 94, Human Resources Code].

SECTION 28. Section 2166.001(1), Government Code, is amended to read as follows:

(1) "Commission" means the commissioner of the General Land Office [Texas Facilities Commission].

SECTION 29. Section 2166.003(a), Government Code, is amended to read as follows:

(a) Unless otherwise provided, this chapter does not apply to:

(1) a project constructed by and for the Texas Department of Transportation;

(2) a project constructed by and for a state institution of higher education;

(3) a pen, shed, or ancillary building constructed by and for the Department of Agriculture for the processing of livestock before export;

(4) a project constructed by the Parks and Wildlife Department;

(5) a repair or rehabilitation project, except a major renovation, of buildings and grounds on the commission inventory;

(6) a repair and rehabilitation project of another using agency, if all labor for the project is provided by the regular maintenance force of the using agency under specific legislative authorization and the project does not require the advance preparation of working plans or drawings;

(7) a repair and rehabilitation project involving the use of contract labor, if the project has been excluded from this chapter by commission rule and does not require the advance preparation of working plans or drawings;

(8) an action taken by the Texas Commission on Environmental Quality under Subchapter F or I, Chapter 361, Health and Safety Code;

(9) a repair, rehabilitation, or construction project on property owned by the Texas Department of Housing and Community Affairs or the Texas State Affordable Housing Corporation; [or]

(10) a project constructed by and for the Veterans' Land Board; or

(11) a project constructed by and for the General Land Office.

SECTION 30. The heading to Section 2166.006, Government Code, is amended to read as follows:

Sec. 2166.006. LEGAL REPRESENTATION OF LAND COMMISSIONER [COMMISSION].

SECTION 31. Section 2166.006(a), Government Code, is amended to read as follows:

(a) The commissioner of the General Land Office may request representation by the attorney general [shall represent the commission] in legal matters.

SECTION 32. Section 2166.052, Government Code, is amended by amending Subsections (a) and (c) and adding Subsection (a-1) to read as follows:

(a) The commissioner of the General Land Office, with the approval of the School Land Board [commission, as provided by law and by legislative appropriation], may:

(1) acquire necessary real and personal property and modernize, remodel, build, or equip buildings for state purposes; [and]

(2) contract as necessary to accomplish these purposes; and

(3) sell or otherwise dispose of real property of the state.

(a-1) The proceeds from the sale of real property of the state under Subsection (a)(3) shall be deposited in the general revenue fund to the credit of the state facilities fund. The commissioner may recover all amounts spent from an account, other than the state facilities fund, for management, acquisition, and disposition expenses incurred from the sale proceeds before deposit into the fund.

(c) The commissioner [commission] may enter into a contract with the City of Austin to govern the transfer, sale, or exchange of real property and interests in real property, including the vacation of street rights-of-way, easements, and other interests, as necessary or advantageous to both parties. The agreement may provide for the transfer, sale, or exchange by one party in favor of the other for a reasonable value established by the parties and may provide for a transfer, sale, or exchange to be credited against future property or interests to be transferred, sold, or exchanged between the parties. Section 272.001, Local Government Code, does not apply to a transaction governed by this section.

SECTION 33. Sections 2166.056(a), (b), and (d), Government Code, are amended to read as follows:

(a) The commissioner of the General Land Office [commission] may grant a permanent or temporary easement, franchise, license, or right-of-way over and on the land of a state agency on a project administered by the commissioner [commission] or enter into a joint use agreement regarding the land if it is necessary to ensure the efficient and expeditious construction, improvement, renovation, use, or operation of a building or facility of the project.

(b) The commissioner [commission shall submit an easement or right-of-way that may extend beyond the period of construction to the asset management division] of the General Land Office [for written comment not later than the 30th day before the date it is granted by the commission. The commission] may enter into a joint use agreement or grant a franchise or license at the commissioner's [commission's] discretion and for the period determined by the commissioner [commission] if the commissioner [commission] determines that the joint use agreement, franchise, or license is in the best interests of the state and if adequate consideration is received by the state under the agreement or under the terms of the franchise or license.

(d) The commissioner [commission] shall approve all joint use agreements, franchises, and licenses under this section by a majority vote in an open meeting.

SECTION 34. Subchapter C, Chapter 2166, Government Code, is amended by adding Section 2166.105 to read as follows:

Sec. 2166.105. STUDY TO ASSESS FUNCTIONS OF TEXAS FACILITIES COMMISSION TRANSFERRED TO GENERAL LAND OFFICE. (a) The General Land Office shall conduct a study of its functions under this chapter and Chapters 2165 and 2167. The study must assess the best allocation of state resources for:

(1) the acquisition and lease of state buildings;

(2) the construction of buildings owned by the state;

(3) the control and maintenance of buildings owned or leased by the state; and

(4) all other related responsibilities performed by the commissioner of the General Land Office.

(b) The study must consider the benefits to the state of outsourcing any of the commissioner's functions to private entities or of allocating those functions to other state agencies.

(c) The commissioner, not later than January 1, 2013, shall report the findings and conclusions of the study to the legislature and shall include any recommendations the commissioner considers appropriate resulting from the study.

(d) This section expires January 1, 2014.

SECTION 35. Section 2166.202, Government Code, is amended to read as follows:

Sec. 2166.202. SELECTION OF PRIVATE DESIGN PROFESSIONAL; RULES. (a) The commissioner of the General Land Office [commission] is responsible for selecting any private design professional retained for a project subject to this chapter.

(b) The commissioner [commission, in consultation with the Texas Board of Architectural Examiners and the Texas Board of Professional Engineers,] shall adopt [by rule] criteria to evaluate the competence and qualifications of a prospective private design professional.

(c) The commissioner [commission] shall select a private design professional in accordance with criteria [a rule] adopted under this section [and the ethical standards of the professional societies of architects and engineers].

SECTION 36. Section 2166.260, Government Code, is amended to read as follows:

Sec. 2166.260. APPROVAL OF CERTAIN EXPENDITURES REQUIRED. A state agency may not spend more than the amount authorized for the cost of a project unless the governor and the Legislative Budget Board approve the expenditure. Once the cost of a project reaches the amount authorized for the project, each change to approved project plans must be approved by the School Land [governor and the Legislative Budget] Board.

SECTION 37. Section 2166.305, Government Code, is amended to read as follows:

Sec. 2166.305. REVIEW OF UNIFORM GENERAL CONDITIONS. (a) The commissioner of the General Land Office [commission] shall [require a] review [of] the uniform general conditions of state building construction contracts whenever the commissioner [commission] considers review worthwhile, but not less frequently than once every five years.

(b) In conducting the review under Subsection (a), the commissioner may consult [A committee appointed by the commission shall perform the review. The committee consists of]:

(1) [the director of facilities construction and space management appointed under Section 2152.104, who serves as the presiding officer of the committee;

[(2) six individuals appointed by the commission, one each from the lists of nominees submitted respectively by the:

[(A) president of] the Texas Society of Architects;

(2) [(B) president of] the Texas Society of Professional Engineers;

(3) [(C) presiding officer of] the Executive Council of the Texas Associated General Contractors Chapters;

(4) [(D) executive secretary of] the Mechanical Contractors Associations of Texas, Incorporated;

(5) [(E) executive secretary of] the Texas Building and Construction Trades Council; [and]

(6) [(F) president of] the Associated Builders and Contractors of Texas;

(7) institutions [(3) one individual appointed by the commission representing an institution] of higher education, as defined by Section 61.003, Education Code;

(8) state agencies [(4) one individual appointed by the commission representing a state agency] that have [has a] substantial ongoing construction programs [program];

(9) [(5) one individual appointed by the commission representing] the attorney general's office;

(10) [(6) one individual appointed by the commission representing the interests of] historically underutilized businesses; [and]

(11) [(7) two individuals appointed by the commission, each representing a different] minority contractors associations; and

(12) other interested parties [association].

(c) The commissioner shall publish proposed amendments to the uniform general conditions of state building construction contracts in the Texas Register for comment not later than the 45th day before adoption of the amendments. [Members of the committee serve without compensation but may be reimbursed for actual and necessary expenses.]

SECTION 38. Section 2166.355(b), Government Code, is amended to read as follows:

(b) The design professional or the design professional's authorized representative shall:

(1) assist the commissioner of the General Land Office [commission] in obtaining proposals from contractors and in awarding and preparing construction contracts;

(2) be responsible for interpretation of the contract documents and changes made to the contract documents;

(3) provide an interpretation of plans and specifications as required during construction;

(4) check and approve samples, schedules, shop drawings, and other submissions only for conformance with the design concept of the project and for compliance with the information in the contract documents;

(5) comment on and contribute to [approve or disapprove] all change order requests, as required by the commissioner [and, subject to Section 2166.257, prepare all change orders];

(6) assemble all written guarantees required of the contractors;

(7) make periodic visits to the project site to become generally familiar with the progress and quality of the work and to determine in general if the work is proceeding in accordance with the contract documents;

(8) make a written inspection report after each visit to the project site and send a copy of the report to the contractor and the commissioner [commission];

(9) keep the commissioner [commission] informed of the progress of the work and endeavor to guard against defects and deficiencies in contractors' work;

(10) determine periodically the amount owing to the contractors and recommend to the commissioner [commission] payment of that amount; and

(11) conduct inspections to determine the dates of substantial and final completion and notify the commissioner [commission] and the using agency of the determination.

SECTION 39. Section 2166.453(b), Government Code, is amended to read as follows:

(b) The commissioner of the General Land Office [commission] may meet space needs of one or more state agencies that are being met through leased space by purchasing or constructing one or more buildings under this section. The purchase or construction of a building may include the purchase of the building's grounds and related improvements. The purchase or construction of a building under this section must be:

(1) financed through bonds issued by the Texas Public Finance Authority; and

(2) approved by the School Land Board [legislature if it is in session or by the Legislative Budget Board if the legislature is not in session].

SECTION 40. Section 2167.0011, Government Code, is amended to read as follows:

Sec. 2167.0011. DEFINITION. In this chapter, "commission" means the commissioner of the General Land Office [Texas Facilities Commission].

SECTION 41. Section 2167.002, Government Code, is amended to read as follows:

Sec. 2167.002. PREREQUISITES FOR LEASING SPACE. The commissioner of the General Land Office [commission] may lease space for a state agency in accordance with this chapter and the agency's specifications if[:

[(1) state-owned space is not otherwise available to the agency; and

[(2)] the agency has verified it has money available to pay for the lease.

SECTION 42. Section 2167.0021, Government Code, is amended to read as follows:

Sec. 2167.0021. BEST INTEREST OF STATE [VALUE STANDARD] FOR LEASE OF SPACE. (a) The commissioner of the General Land Office may [commission shall] lease space for any purpose the commissioner determines is in the best interest of [the use of a state agency on the basis of obtaining the best value for] the state.

(b) [The commission shall adopt rules establishing guidelines for the determination of best value in a lease contract.] In determining the best interest of the state [value], the commissioner [commission] may consider:

(1) the cost of the lease contract;

(2) the condition and location of lease space;

(3) utility costs;

(4) access to public transportation;

(5) parking availability;

(6) security;

(7) telephone service availability;

(8) indicators of probable lessor performance under the contract, such as the lessor's financial resources and the lessor's experience;

(9) compliance with the architectural barriers law, Chapter 469 [Article 9102, Revised Statutes]; and

(10) other relevant factors.

(c) This section does not prohibit the commissioner [commission] from leasing space from the offeror that offers the space at the lowest cost if the commissioner [commission] determines that doing so is in [obtains] the best interest of [value for] the state.

SECTION 43. Sections 2167.053(a), (b), (c), and (d), Government Code, are amended to read as follows:

(a) When space is leased through competitive bidding, the commissioner of the General Land Office [commission] shall determine the bid that is in the best interest of [provides the best value for] the state after considering moving costs, the cost of time lost in moving, the cost of telecommunications services, and other relevant factors.

(b) The commissioner [commission] shall send to the leasing state agency:

(1) a copy of all bids received; and

(2) the commissioner's [commission's] recommended award.

(c) If, after review of the bids and evaluation of all relevant factors, the leasing state agency's opinion is that the bid selected by the commissioner [commission] is not the bid that is in the best interest of [provides the best value for] the state, it may file with the commissioner [commission] a written recommendation that the award be made to a bidder other than the commissioner's [commission's] recommended bidder. The leasing state agency's recommendation must contain the agency's justification for its recommendation and a complete explanation of all factors it considered.

(d) The commissioner [commission] shall fully consider the leasing state agency's recommendation in making an award to a bidder [and, if it does not agree, shall notify the agency of its disagreement in writing. The leasing state agency and the commission shall attempt to agree on the award].

SECTION 44. Section 2167.054, Government Code, is amended to read as follows:

Sec. 2167.054. LEASING SPACE THROUGH COMPETITIVE SEALED PROPOSALS. (a) The commissioner of the General Land Office [commission] may lease space using competitive sealed proposals.

(b) The commissioner [commission] shall solicit proposals by publishing a notice of request for proposals [in]:

(1) in the state business daily [Texas Register]; or [and]

(2) on the General Land Office's Internet website [a newspaper of general circulation in the county in which the space is to be leased].

(c) The commissioner [commission] shall open each proposal in a manner that does not disclose the contents of the proposal during the process of negotiating with competing offerors.

(d) As provided in a request for proposals and under rules adopted by the commissioner [commission], the commissioner [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 commissioner [commission] may 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 commissioner [commission] may permit the offeror to revise the proposal to obtain the best final proposal.

(e) The commissioner [commission] may not disclose information derived from proposals submitted from competing offerors in conducting discussions under Subsection (d).

(f) The commissioner [commission] shall provide each offeror whose proposal meets the minimum requirements in the request for proposals a reasonable opportunity to discuss and revise its proposal.

(g) The commissioner [commission] shall make a written award of a lease to the offeror whose proposal is in [provides] the best interest of [value for] the state, considering price and the evaluation factors in the request for proposals. The commissioner [commission] shall state in writing in the contract file the reasons for which an award is made.

(h) The commissioner [commission] shall refuse all proposals if the commissioner [it] determines that none of the proposals is acceptable.

(i) If the competitive sealed proposal procedure for leasing space is used by a state agency that has been delegated leasing authority under Section 2167.005, the agency shall follow the procedures outlined by this section and any rules adopted by the commissioner [commission].

SECTION 45. Section 2167.102, Government Code, is amended to read as follows:

Sec. 2167.102. REMEDIAL ACTION AGAINST LESSOR. (a) When a state agency occupying leased space is aware of circumstances that require remedial action against the lessor, the agency shall notify the commissioner of the General Land Office [commission].

(b) The commissioner [commission] may investigate the circumstances and the lessor's performance under the contract.

(c) The attorney general on the commissioner's [commission's] request shall represent [assist] the commissioner [commission] in protecting the state's interest under a lease contract.

SECTION 46. Sections 2167.104(a), (c), (d), and (e), Government Code, are amended to read as follows:

(a) Subject to restrictions imposed by a lease or other enforceable contract, the commissioner of the General Land Office [commission], at the request of the occupying agency, may [shall] sublease part of a space leased under this chapter to a child care provider for the operation of a child care facility.

(c) This section does not affect the duties of the commissioner [commission] regarding child care facilities in state-owned buildings and potential child care facility sites in state-owned buildings under Chapter 663, 2165, or 2166.

(d) The occupying agency and the commissioner [commission] may agree to:

(1) procedures relating to the selection of the child care provider;

(2) granting some preference in enrollment to children of officers and employees of the occupying state agency; and

(3) any other matter regarding the operation of the child care facility.

(e) The commissioner may [commission shall] sublease space under this section to a child care provider approved by the commissioner [commission] under Chapter 663 at a rate set by the commissioner [commission].

SECTION 47. Section 2175.001(1-a), Government Code, is amended to read as follows:

(1-a) "Commission" means the commissioner of the General Land Office [Texas Facilities Commission].

SECTION 48. Section 2175.065, Government Code, is amended to read as follows:

Sec. 2175.065. DELEGATION OF AUTHORITY TO STATE AGENCY. (a) The commissioner of the General Land Office [commission] may authorize a state agency to dispose of surplus or salvage property if the agency demonstrates to the commissioner [commission] its ability to dispose of the property under this chapter [Subchapters C and E] in a manner that results in cost savings to the state, under [commission] rules adopted by the commissioner under this chapter.

(b) The commissioner [commission] shall establish by rule the criteria for determining that a delegation of authority to a state agency results in cost savings to the state.

(c) If a state agency disposes of surplus or salvage property under this chapter, the disposing agency shall report the transaction to the commissioner. The report must include a description of the disposed property, the reasons for disposal, the price for the disposed property, and the recipient of the disposed property.

(d) If the commissioner determines that a violation of a state law or rule has occurred based on the report, the commissioner shall report the violation to the Legislative Budget Board.

SECTION 49. The heading to Subchapter D, Chapter 2175, Government Code, is amended to read as follows:

SUBCHAPTER D. DISPOSITION OF SURPLUS OR SALVAGE PROPERTY [BY

COMMISSION]

SECTION 50. Sections 2175.182, 2175.1825, 2175.183, and 2175.184, Government Code, are amended to read as follows:

Sec. 2175.182. STATE AGENCY TRANSFER OF PROPERTY [TO COMMISSION]. (a) A state agency that determines it has surplus or salvage property shall inform the commissioner of the General Land Office. The commissioner shall determine [commission is responsible for] the method of disposal of surplus or salvage property under this subchapter. The commissioner [commission] may take physical possession of the property.

(b) Based on the condition of the property, the commissioner of the General Land Office, in cooperation with the state agency, [commission] shall determine whether the property is:

(1) surplus property that should be offered for transfer under Section 2175.184 or sold to the public; or

(2) salvage property.

(c) Following a determination under Subsection (b), the state agency [The commission] shall inform the comptroller's office of the property's kind, number, location, condition, original cost or value, and date of acquisition.

Sec. 2175.1825. ADVERTISING ON COMPTROLLER WEBSITE. (a) Not later than the second day after the date the comptroller receives notice from the state agency [commission] under Section 2175.182(c), the comptroller shall advertise the property's kind, number, location, and condition on the comptroller's website.

(b) The comptroller shall provide the commissioner of the General Land Office access to all records in the state property accounting system related to surplus and salvage property.

Sec. 2175.183. [COMMISSION] NOTICE TO OTHER ENTITIES. The commissioner of the General Land Office [On taking responsibility for surplus property under this subchapter, the commission] shall inform other state agencies, political subdivisions, and assistance organizations of the comptroller's website that lists surplus property that is available for sale.

Sec. 2175.184. DIRECT TRANSFER. During the 10 business days after the date the property is posted on the comptroller's website, a state agency, political subdivision, or assistance organization shall [may] coordinate with the commissioner of the General Land Office [commission] for a transfer of the property at a price established by the commissioner [commission in cooperation with the transferring agency]. A transfer to a state agency has priority over any other transfer during this period.

SECTION 51. Section 2175.186, Government Code, is amended to read as follows:

Sec. 2175.186. DISPOSITION BY COMPETITIVE BIDDING, AUCTION, OR DIRECT SALE. (a) If a disposition of a state agency's surplus property is not made under Section 2175.184, the commissioner of the General Land Office [commission] shall sell the property by competitive bid, auction, or direct sale to the public, including a sale using an Internet auction site.

(b) The commissioner of the General Land Office [commission] shall determine which method of sale shall be used based on the method that is most advantageous to the state under the circumstances. The commissioner [commission] shall adopt rules establishing guidelines for making that determination.

(c) In using an Internet auction site to sell surplus property under this section, the commissioner of the General Land Office [commission] shall post the property on the site for at least 10 days.

(d) The commissioner of the General Land Office may contract with a private vendor to assist with disposition of surplus property under this section.

SECTION 52. Section 2175.189, Government Code, is amended to read as follows:

Sec. 2175.189. ADVERTISEMENT OF SALE. If the value of an item or a lot of property to be sold is estimated to be more than $25,000 [$5,000], the commissioner of the General Land Office [commission] shall advertise the sale at least once in the state business daily or on the General Land Office's Internet website [at least one newspaper of general circulation in the vicinity in which the property is located].

SECTION 53. Section 2175.191(a), Government Code, is amended to read as follows:

(a) Proceeds from the sale of surplus or salvage property, less the cost of advertising the sale, the cost of selling the surplus or salvage property, including the cost of auctioneer services and assistance from a private vendor, and the amount of the fee collected under Section 2175.188, shall be deposited to the credit of the general revenue fund of the state treasury.

SECTION 54. Section 2175.302, Government Code, is amended to read as follows:

Sec. 2175.302. EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS. Except as provided by Section 2175.905(b) [2175.128(b)], this chapter does not apply to the disposition of surplus or salvage property by a state eleemosynary institution.

SECTION 55. Section 2175.904, Government Code, is amended to read as follows:

Sec. 2175.904. DISPOSAL OF GAMBLING EQUIPMENT. (a) The commissioner of the General Land Office [commission] shall establish a program for the sale of gambling equipment received from the governing body of a municipality, a commissioners court under Section 263.152(a)(5), Local Government Code, or a state agency under this chapter.

(b) The commissioner of the General Land Office [commission] may sell gambling equipment only to a person that the commissioner [commission] determines is a bona fide holder of a license or other authorization to sell, lease, or otherwise provide gambling equipment to others or to operate gambling equipment issued by an agency in another state or in a foreign jurisdiction where it is lawful for the person to possess gambling equipment for the intended purpose.

(c) Except as provided by Subsection (d), proceeds [Proceeds] from the sale of gambling equipment, less the costs of the sale, including costs of advertising, storage, shipping, and auctioneer or broker services, and the amount of the fee collected under Section 2175.188 [2175.131], shall be divided according to an agreement between the commissioner of the General Land Office [commission] and the governing body or the commissioners court that provided the equipment for sale. The agreement must provide that:

(1) not less than 50 percent of the net proceeds be remitted to the governing body or the commissioners court; and

(2) the remainder of the net proceeds retained by the commissioner [commission] be deposited to the credit of the general revenue fund.

(d) Proceeds from the sale of gambling equipment transferred from a state agency, less the costs of the sale, including costs of advertising, storage, shipping, and auctioneer or broker services, and the amount of the fee collected under Section 2175.188, shall be deposited to the credit of the general revenue fund.

SECTION 56. Section 2175.128, Government Code, is transferred to Subchapter Z, Chapter 2175, Government Code, redesignated as Section 2175.905, and amended to read as follows:

Sec. 2175.905 [2175.128]. DISPOSITION OF DATA PROCESSING EQUIPMENT. (a) If a disposition of a state agency's surplus or salvage data processing equipment is not made under Section [2175.125 or] 2175.184, the state agency shall transfer the equipment to:

(1) a school district or open-enrollment charter school in this state under Subchapter C, Chapter 32, Education Code;

(2) an assistance organization specified by the school district; or

(3) the Texas Department of Criminal Justice.

[(a-1) Notwithstanding Subsection (a), if a disposition of a state agency's surplus or salvage data processing equipment is not made under Section 2175.125 or 2175.184, the state agency shall make the equipment available to the commissioner of education for use in the computer lending pilot program established under Subchapter H, Chapter 32, Education Code. If the commissioner of education declines to take the equipment, the state agency shall transfer the equipment in accordance with Subsection (a). The state agency may not collect a fee or other reimbursement from the commissioner of education for the equipment made available under this subsection. This subsection expires September 1, 2014.]

(b) If a disposition of the surplus or salvage data processing equipment of a state eleemosynary institution or an institution or agency of higher education is not made under other law, the institution or agency shall transfer the equipment to:

(1) a school district or open-enrollment charter school in this state under Subchapter C, Chapter 32, Education Code;

(2) an assistance organization specified by the school district; or

(3) the Texas Department of Criminal Justice.

[(b-1) Notwithstanding Subsection (b), if a disposition of the surplus or salvage data processing equipment of a state eleemosynary institution or an institution or agency of higher education is not made under other law, the institution or agency shall make the equipment available to the commissioner of education for use in the computer lending pilot program established under Subchapter H, Chapter 32, Education Code. If the commissioner of education declines to take the equipment, the institution or agency shall transfer the equipment in accordance with Subsection (b). The state eleemosynary institution or institution or agency of higher education may not collect a fee or other reimbursement from the commissioner of education for the equipment made available under this subsection. This subsection expires September 1, 2014.]

(c) The state eleemosynary institution or institution or agency of higher education or other state agency may not collect a fee or other reimbursement from the district, the school, the assistance organization, or the Texas Department of Criminal Justice for the surplus or salvage data processing equipment transferred under this section.

SECTION 57. Subchapter Z, Chapter 2175, Government Code, is amended by adding Section 2175.906 to read as follows:

Sec. 2175.906. ABOLISHED ENTITIES. On abolition of a state agency under Chapter 325, Government Code (Texas Sunset Act), the commissioner of the General Land Office shall take custody of all property or other assets as surplus property unless the legislature designates another appropriate governmental entity to take custody of the property or other assets.

SECTION 58. Section 2262.002, Government Code, is amended by adding Subsection (c) to read as follows:

(c) This chapter does not apply to the Veterans' Land Board or the General Land Office.

SECTION 59. Section 2262.004(d), Government Code, is amended to read as follows:

(d) Notwithstanding Section 2262.001 or 2262.002, this section applies to:

(1) an institution of higher education as defined by Section 61.003, Education Code; [and]

(2) contracts of the Texas Department of Transportation that relate to highway construction or highway engineering; and

(3) the Veterans' Land Board and the General Land Office.

SECTION 60. Section 3151.003, Government Code, is amended to read as follows:

Sec. 3151.003. APPLICABILITY. This chapter does not apply to:

(1) the construction, renovation, or equipment of the Darrell K Royal-Texas Memorial Stadium or to improvements related to the stadium, except that the height of the stadium or a related improvement may not exceed 666 feet above sea level;

(2) the construction, redevelopment, or improvement of 11th Street pursuant to the East 11th and 12th Streets Redevelopment Program, except that the height of an improvement may not exceed 600 feet above sea level; [or]

(3) the construction, redevelopment, or improvement of Robert Mueller Municipal Airport under a redevelopment and reuse plan for the airport adopted by the City of Austin; or

(4) the construction, redevelopment, or improvement of a building or structure initiated by the General Land Office.

SECTION 61. Section 35.101, Utilities Code, is amended by adding Subdivision (3) to read as follows:

(3) "State facility" means a state-owned building or facility that is under the management of the commissioner.

SECTION 62. Section 35.104, Utilities Code, is amended to read as follows:

Sec. 35.104. LIMIT IN CERTAIN AREAS. (a) Sections 35.102 and 35.103 do not apply to the rates, retail service area, facilities, or public retail customers of a municipally owned electric utility that has not adopted customer choice or an electric cooperative that has not adopted customer choice. In a certificated service area of an electric utility in which customer choice has not been introduced, the state may not engage in retail transactions that exceed 2.5 percent of a retail electric utility's total retail load.

(b) The limitation on retail transactions under Subsection (a) does not apply to a state facility provided electric service under Section 35.107.

SECTION 63. Subchapter D, Chapter 35, Utilities Code, is amended by adding Section 35.107 to read as follows:

Sec. 35.107. STATE-OWNED FACILITIES UNDER MANAGEMENT OF GENERAL LAND OFFICE. (a) The commissioner, acting on behalf of the state, may, under the State Energy Marketing Program and as provided by Sections 35.101, 35.102, and 35.103, sell or otherwise convey power or natural gas generated from royalties taken in kind as provided by Sections 52.133(f), 53.026, and 53.077, Natural Resources Code, directly to a state facility, including a state facility in the certificated service area of a municipally owned utility or an electric cooperative that has not adopted customer choice.

(b) In providing electricity to a state facility under the State Energy Marketing Program, the commissioner is entitled to nondiscriminatory access to the transmission and distribution system for the certificated service area in which the customer is located, including the certificated service area of a municipally owned utility or an electric cooperative that has not adopted customer choice.

(c) A municipally owned utility or an electric cooperative may continue to bill directly a state facility as provided by Sections 40.057 and 41.057 for entities that have opted for customer choice.

(d) If requested by the commissioner, metering and billing services shall be performed by the transmission and distribution utility, municipally owned utility, or electric cooperative in whose certificated service area the state facility is located.

(e) The authority of the commissioner to provide electricity to a state facility under this section does not constitute the introduction of customer choice in the certificated service area of a municipally owned utility or electric cooperative.

SECTION 64. Section 32.102(a), Education Code, is amended to read as follows:

(a) As provided by this subchapter, a school district or open-enrollment charter school may transfer to a student enrolled in the district or school:

(1) any data processing equipment donated to the district or school, including equipment donated by:

(A) a private donor; or

(B) a state eleemosynary institution or a state agency under Section 2175.905 [2175.128], Government Code;

(2) any equipment purchased by the district or school, to the extent consistent with Section 32.105; and

(3) any surplus or salvage equipment owned by the district or school.

SECTION 65. The following provisions of the Government Code are repealed:

(1) Section 551.0726;

(2) Chapter 2152;

(3) Section 2155.147(c);

(4) Section 2165.155;

(5) Section 2165.2035(f);

(6) Sections 2165.205(a) and (c);

(7) Section 2165.212(b);

(8) Section 2165.215;

(9) Section 2166.052(b);

(10) Section 2166.056(c);

(11) Section 2166.152(e);

(12) Sections 2166.257(b), (c), (d), and (e);

(13) Section 2167.053(e);

(14) Section 2167.104(f);

(15) Subchapter C, Chapter 2175; and

(16) Section 2175.181.

SECTION 66. (a) The Texas Facilities Commission is abolished.

(b) The validity of an action taken by the Texas Facilities Commission before it is abolished is not affected by the abolition.

SECTION 67. (a) All powers and duties of the Texas Facilities Commission are transferred to the General Land Office.

(b) A rule, form, policy, procedure, or decision of the Texas Facilities Commission continues in effect as a rule, form, policy, procedure, or decision of the General Land Office until superseded by an act of the land commissioner or the land commissioner's designee.

(c) A court case, administrative proceeding, contract negotiation, or other proceeding involving the Texas Facilities Commission is transferred without change in status to the General Land Office, and the General Land Office assumes, without a change in status, the position of the Texas Facilities Commission in a negotiation or proceeding to which the Texas Facilities Commission is a party.

(d) All money, contracts, leases, rights, bonds, and obligations of the Texas Facilities Commission are transferred to the General Land Office.

(e) All personal property, including records, in the custody of the Texas Facilities Commission becomes the property of the General Land Office.

(f) All funds appropriated by the legislature to the Texas Facilities Commission are transferred to the General Land Office.

SECTION 68. This Act takes effect September 1, 2011.