82R10532 EAH-D

By: King of Parker H.B. No. 2664

A BILL TO BE ENTITLED

AN ACT

relating to the abolition of the Texas Facilities Commission and the transfer of its duties to the comptroller, General Land Office, and State Preservation Board.

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

SECTION 1. 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 2. 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 3. 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 4. 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 5. 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 6. 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 7. 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; or

(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 8. 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 9. 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 10. 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 11. 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 12. 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 13. Section 2165.256(a), Government Code, is amended to read as follows:

(a) The State Cemetery Committee shall oversee all operations of the State Cemetery. The committee shall develop a budget for the operations of the State Preservation Board [commission] relating to the State Cemetery and determine the salary of employees of the State Preservation Board [commission] whose duties primarily relate to the operation of the State Cemetery.

SECTION 14. Sections 2165.2561(a), (k), (l), (p), (q), (r), and (t), Government Code, are amended to read as follows:

(a) The State Cemetery Committee is composed of:

(1) three voting members appointed as follows:

(A) one member of the general public appointed by the governor;

(B) one member of the general public appointed by the governor from a list submitted by the lieutenant governor; and

(C) one member of the general public appointed by the governor from a list submitted by the speaker of the house of representatives; and

(2) three nonvoting advisory members appointed as follows:

(A) one employee of the Texas Historical Commission appointed by the executive director of the Texas Historical Commission;

(B) one employee of the State Preservation Board [Texas Building and Procurement Commission] appointed by the executive director of the State Preservation Board [Texas Building and Procurement Commission]; and

(C) one employee of the Parks and Wildlife Department appointed by the executive director of the Parks and Wildlife Department.

(k) The legislature shall separately appropriate money to the committee within the appropriations to the State Preservation Board [Texas Building and Procurement Commission] for all matters relating to the operation of the State Cemetery. Activities relating to maintenance of the State Cemetery grounds and monuments shall conform to guidelines for historic preservation submitted to the committee by the Texas Historical Commission.

(l) Funds appropriated to the State Preservation Board [Texas Building and Procurement Commission] may be transferred by interagency contract for the performance of, at the direction of the committee, an act related to the State Cemetery.

(p) If the executive director of the State Preservation Board [commission] has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the committee of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the committee, who shall then notify the governor and the attorney general that a potential ground for removal exists.

(q) The executive director of the State Preservation Board [commission] or the executive director's designee shall provide to members of the committee, as often as necessary, information regarding the requirements for office under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers.

(r) A person who is appointed to and qualifies for office as a member of the committee may not vote, deliberate, or be counted as a member in attendance at a meeting of the committee until the person completes a training program that complies with this subsection. The training program must provide the person with information regarding:

(1) the legislation that created the State Cemetery and the State Cemetery Committee;

(2) the programs operated by the committee;

(3) the role and functions of the committee;

(4) the rules of the committee, with an emphasis on any rules that relate to disciplinary and investigatory authority;

(5) the current budget for the committee;

(6) the results of the most recent formal audit of cemetery operations;

(7) the requirements of:

(A) the open meetings law, Chapter 551;

(B) the public information law, Chapter 552;

(C) the administrative procedure law, Chapter 2001; and

(D) other laws relating to public officials, including conflict-of-interest laws; and

(8) any applicable ethics policies adopted by the State Preservation Board [commission], the committee, or the Texas Ethics Commission.

(t) The committee shall develop and implement policies that clearly separate the policymaking responsibilities of the committee and the management responsibilities of the executive director of the State Preservation Board [commission] and staff of the cemetery.

SECTION 15. 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 16. Sections 2166.257(b) and (c), Government Code, are amended to read as follows:

(b) The money reserved under Subsection (a)(2) may be used only if:

(1) the design professional or contractor recommends and justifies the proposed contingency expenditures by submitting a change order request;

(2) the proposed change order request is approved by the design professional;

(3) the proposed change order request is approved by the using agency and the agency makes a formal request for the allocation of money from the contingency reserve; and

(4) the employee of the General Land Office responsible for [director of] facilities construction and space management [appointed under Section 2152.104] investigates the nature of the change order and concurs in the necessity of the proposed expenditure or refuses to concur not later than the 15th day after the date of receiving the request.

(c) If the employee of the General Land Office responsible for [director of] facilities construction and space management refuses to concur in a proposed contingency expenditure, the using agency may appeal to the commission. The commission's findings are final. The commission shall adopt rules on the procedures for an appeal under this subsection.

SECTION 17. Section 2166.305(b), Government Code, is amended to read as follows:

(b) A committee appointed by the commission shall perform the review. The committee consists of:

(1) one individual appointed by the commissioner of the General Land Office [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;

(B) president of the Texas Society of Professional Engineers;

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

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

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

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

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

(4) one individual appointed by the commission representing a state agency that has a substantial ongoing construction program;

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

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

(7) two individuals appointed by the commission, each representing a different minority contractors association.

SECTION 18. 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 19. Subchapter A, Chapter 2175, Government Code, is amended by adding Section 2175.0011 to read as follows:

Sec. 2175.0011. TRANSFER OF DUTIES; REFERENCE. (a) The powers and duties of the Texas Facilities Commission under this chapter are transferred to the comptroller.

(b) In this chapter, a reference to the commission means the comptroller.

SECTION 20. Section 2175.002, Government Code, is amended to read as follows:

Sec. 2175.002. ADMINISTRATION OF CHAPTER. The comptroller [commission's surplus and salvage property division] shall administer this chapter.

SECTION 21. Section 2175.122, Government Code, is amended to read as follows:

Sec. 2175.122. STATE AGENCY NOTICE TO [COMMISSION AND] COMPTROLLER. A state agency that determines it has surplus or salvage property shall inform the [commission and the] comptroller of the property's kind, number, location, condition, original cost or value, and date of acquisition.

SECTION 22. Section 2175.123(b), Government Code, is amended to read as follows:

(b) The state agency shall inform the [commission and the] comptroller of its determination.

SECTION 23. Section 2175.1825, Government Code, is amended to read as follows:

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

SECTION 24. Section 2175.190, Government Code, is amended to read as follows:

Sec. 2175.190. REPORTING SALE; PROPERTY ACCOUNTING ADJUSTMENT. [(a)] On the sale by the comptroller [commission] of surplus or salvage property, the comptroller [commission] shall:

(1) report the property sold and the sale price to the state agency that owned the property; and

(2) if [to the comptroller.

[(b) If] property reported under this section is on the state property accounting system, [the comptroller shall] remove the property from the property accounting records.

SECTION 25. The following provisions of the Government Code are repealed:

(1) Section 551.0726;

(2) Section 2175.001(1-a);

(3) Section 2175.182(c); and

(4) Chapter 2152.

SECTION 26. (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 27. (a) The following are transferred from the Texas Facilities Commission to the State Preservation Board:

(1) the powers, duties, functions, programs, and activities of the Texas Facilities Commission relating to the operation of the State Cemetery under Sections 2165.256 and 2165.2561, Government Code;

(2) any obligations and contracts of the Texas Facilities Commission that are directly related to implementing a power, duty, function, program, or activity transferred under this subsection; and

(3) all property and records in the custody of the Texas Facilities Commission that are related to a power, duty, function, program, or activity transferred under this subsection and all funds appropriated by the legislature for that power, duty, function, program, or activity.

(a-1) The following are transferred from the Texas Facilities Commission to the comptroller of public accounts:

(1) the powers, duties, functions, programs, and activities of the Texas Facilities Commission relating to surplus and salvage property under Chapter 2175, Government Code;

(2) any obligations and contracts of the Texas Facilities Commission that are directly related to implementing a power, duty, function, program, or activity transferred under this subsection; and

(3) all property and records in the custody of the Texas Facilities Commission that are related to a power, duty, function, program, or activity transferred under this subsection and all funds appropriated by the legislature for that power, duty, function, program, or activity.

(a-2) The following are transferred from the Texas Facilities Commission to the General Land Office:

(1) the powers, duties, functions, programs, and activities of the Texas Facilities Commission relating to charge and control of state buildings, grounds, or property, including maintenance, construction, purchase, and lease of state buildings, grounds, or property, and child care services for state employees under Chapter 663, Government Code;

(2) any obligations and contracts of the Texas Facilities Commission that are directly related to implementing a power, duty, function, program, or activity transferred under this subsection; and

(3) all property and records in the custody of the Texas Facilities Commission that are related to a power, duty, function, program, or activity transferred under this subsection and all funds appropriated by the legislature for that power, duty, function, program, or activity.

(b) A rule, form, policy, procedure, or decision of the Texas Facilities Commission that is related to an activity described by Subsection (a) of this section continues in effect as a rule, form, policy, procedure, or decision of the State Preservation Board until superseded by an act of the State Preservation Board.

(b-1) A rule, form, policy, procedure, or decision of the Texas Facilities Commission that relates to a power, duty, function, program, or activity transferred under Subsection (a-1) of this section is a rule or form of the comptroller of public accounts and remains in effect until altered by the comptroller of public accounts.

(b-2) A rule, form, policy, procedure, or decision of the Texas Facilities Commission that is related to an activity transferred by Subsection (a-2) of this section 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 reference in law to the Texas Facilities Commission that relates to a power, duty, function, program, or activity transferred under Subsection (a) of this section means the State Preservation Board.

(c-1) A reference in law to the Texas Facilities Commission that relates to a power, duty, function, program, or activity transferred under Subsection (a-1) of this section means the comptroller of public accounts.

(c-2) A reference in law to the Texas Facilities Commission that relates to a power, duty, function, program, or activity transferred under Subsection (a-2) of this section means the commissioner of the General Land Office.

(d) A court case, administrative proceeding, contract negotiation, or other proceeding involving the Texas Facilities Commission that is related to an activity described by Subsection (a) of this section is transferred without change in status to the State Preservation Board, and the State Preservation Board assumes, without a change in status, the position of the Texas Facilities Commission in a negotiation or proceeding relating to an activity transferred by this Act to the State Preservation Board to which the Texas Facilities Commission is a party.

(d-1) A court case, administrative proceeding, contract negotiation, or other proceeding involving the Texas Facilities Commission that is related to an activity described by Subsection (a-1) of this section is transferred without change in status to the comptroller, and the comptroller assumes, without a change in status, the position of the Texas Facilities Commission in a negotiation or proceeding relating to an activity transferred by this Act to the comptroller to which the Texas Facilities Commission is a party.

(d-2) A court case, administrative proceeding, contract negotiation, or other proceeding involving the Texas Facilities Commission relating to an activity transferred by Subsection (a-2) of this section 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.

(e) All money, contracts, leases, rights, bonds, and obligations of the Texas Facilities Commission related to an activity described by Subsection (a) of this section are transferred to the State Preservation Board.

(e-1) All money, contracts, leases, rights, bonds, and obligations of the Texas Facilities Commission related to an activity described by Subsection (a-1) of this section are transferred to the comptroller.

(e-2) All money, contracts, leases, rights, bonds, and obligations of the Texas Facilities Commission related to an activity transferred by Subsection (a-2) of this section are transferred to the General Land Office.

(f) All personal property, including records, in the custody of the Texas Facilities Commission related to an activity described by Subsection (a) of this section becomes the property of the State Preservation Board.

(f-1) All personal property, including records, in the custody of the Texas Facilities Commission related to an activity described by Subsection (a-1) of this section becomes the property of the comptroller.

(f-2) All personal property, including records, in the custody of the Texas Facilities Commission related to an activity transferred by Subsection (a-2) of this section becomes the property of the General Land Office.

(g) All funds appropriated by the legislature to the Texas Facilities Commission for an activity described by Subsection (a) of this section, including funds for providing administrative support for those services, are transferred to the State Preservation Board.

(g-1) All funds appropriated by the legislature to the Texas Facilities Commission for an activity described by Subsection (a-1) of this section, including funds for providing administrative support for those services, are transferred to the comptroller.

(g-2) All funds appropriated by the legislature to the Texas Facilities Commission for an activity transferred by Subsection (a-2) of this section are transferred to the General Land Office.

SECTION 28. The comptroller, the State Preservation Board, the General Land Office, and the Texas Facilities Commission shall adopt a memorandum of understanding that identifies and allocates between the office of the comptroller, the State Preservation Board, and the General Land Office the powers, duties, property, appropriations, and other items transferred under this Act. The memorandum of understanding must also:

(1) identify and allocate between the office of the comptroller, the State Preservation Board, and the General Land Office the real and personal property of the Texas Facilities Commission, including space in the central administrative offices of the commission, used to generally support the activities of the Texas Facilities Commission; and

(2) provide a timetable for any necessary or advisable movement of the physical location of property.

SECTION 29. This Act takes effect September 1, 2011.