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A BILL TO BE ENTITLED
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AN ACT
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relating to the abolition of the Texas Facilities Commission and |
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the transfer of its duties to the General Land Office. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 466.104(b), Government Code, is amended |
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to read as follows: |
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(b) The comptroller may request assistance from the General |
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Land Office [Texas Facilities Commission] in performing its |
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facilities-related duties under this section. |
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SECTION 2. Section 571.061(a), Government Code, is amended |
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to read as follows: |
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(a) The commission shall administer and enforce: |
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(1) Chapters 302, 303, 305, 572, and 2004; |
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(2) Subchapter C, Chapter 159, Local Government Code, |
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in connection with a county judicial officer, as defined by Section |
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159.051, Local Government Code, who elects to file a financial |
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statement with the commission; |
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(3) Title 15, Election Code; and |
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(4) Section [Sections 2152.064 and] 2155.003. |
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SECTION 3. Section 571.091(a), Government Code, is amended |
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to read as follows: |
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(a) The commission shall prepare a written opinion |
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answering the request of a person subject to any of the following |
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laws for an opinion about the application of any of these laws to |
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the person in regard to a specified existing or hypothetical |
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factual situation: |
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(1) Chapter 302; |
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(2) Chapter 303; |
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(3) Chapter 305; |
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(4) Chapter 2004; |
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(5) Chapter 572; |
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(6) Subchapter C, Chapter 159, Local Government Code, |
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as provided by Section 571.061(a)(2); |
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(7) Title 15, Election Code; |
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(8) Chapter 36, Penal Code; |
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(9) Chapter 39, Penal Code; or |
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(10) [Section 2152.064; or
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[(11)] Section 2155.003. |
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SECTION 4. Section 572.003(c), Government Code, is amended |
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to read as follows: |
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(c) The term means a member of: |
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(1) the Public Utility Commission of Texas; |
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(2) the Texas Department of Economic Development; |
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(3) the Texas Commission on Environmental Quality; |
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(4) the Texas Alcoholic Beverage Commission; |
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(5) The Finance Commission of Texas; |
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(6) [the Texas Facilities Commission;
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[(7)] the Texas Board of Criminal Justice; |
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(7) [(8)] the board of trustees of the Employees |
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Retirement System of Texas; |
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(8) [(9)] the Texas Transportation Commission; |
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(9) [(10) the Texas Workers' Compensation Commission;
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[(11)] the Texas Department of Insurance; |
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(10) [(12)] the Parks and Wildlife Commission; |
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(11) [(13)] the Public Safety Commission; |
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(12) [(14)] the Texas Ethics Commission; |
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(13) [(15)] the State Securities Board; |
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(14) [(16)] the Texas Water Development Board; |
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(15) [(17)] the governing board of a public senior |
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college or university as defined by Section 61.003, Education Code, |
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or of The University of Texas Southwestern Medical Center at |
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Dallas, The University of Texas Medical Branch at Galveston, The |
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University of Texas Health Science Center at Houston, The |
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University of Texas Health Science Center at San Antonio, The |
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University of Texas System M. D. Anderson Cancer Center, The |
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University of Texas Health Science Center at Tyler, University of |
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North Texas Health Science Center at Fort Worth, Texas Tech |
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University Health Sciences Center, Texas State Technical |
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College--Harlingen, Texas State Technical College--Marshall, Texas |
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State Technical College--Sweetwater, or Texas State Technical |
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College--Waco; |
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(16) [(18)] the Texas Higher Education Coordinating |
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Board; |
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(17) [(19)] the Texas Workforce Commission; |
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(18) [(21)] the board of trustees of the Teacher |
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Retirement System of Texas; |
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(19) [(22)] the Credit Union Commission; |
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(20) [(23)] the School Land Board; |
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(21) [(24)] the board of the Texas Department of |
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Housing and Community Affairs; |
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(22) [(25)] the Texas Racing Commission; |
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(23) [(26)] the State Board of Dental Examiners; |
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(24) [(27)] the Texas Medical [State] Board [of
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Medical Examiners]; |
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(25) [(28)] the Board of Pardons and Paroles; |
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(26) [(29)] the Texas State Board of Pharmacy; |
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(27) [(30)] the Department of Information Resources |
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governing board; |
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(28) [(31)] the Motor Vehicle Board; |
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(29) [(32)] the Texas Real Estate Commission; |
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(30) [(33)] the board of directors of the State Bar of |
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Texas; |
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(31) [(34)] the bond review board; |
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(32) [(35)] the [Texas Board of] Health and Human |
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Services Commission; |
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(33) [(36)
the Texas Board of Mental Health and Mental
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Retardation;
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[(37) the Texas Board on Aging;
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[(38) the Texas Board of Human Services;
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[(39)] the Texas Funeral Service Commission; |
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(34) [(40)] the board of directors of a river |
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authority created under the Texas Constitution or a statute of this |
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state; or |
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(35) [(41)] the Texas Lottery Commission. |
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SECTION 5. Section 659.301(5), Government Code, is amended |
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to read as follows: |
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(5) "State employee" means an individual who: |
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(A) is a commissioned law enforcement officer of |
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the Department of Public Safety, the General Land Office [Texas
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Facilities Commission], the Texas Alcoholic Beverage Commission, |
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or the Texas Department of Criminal Justice; |
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(B) is a commissioned security officer of the |
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comptroller; |
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(C) is a law enforcement officer commissioned by |
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the Parks and Wildlife Commission; |
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(D) is a commissioned peace officer of an |
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institution of higher education; |
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(E) is an employee or official of the Board of |
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Pardons and Paroles or the parole division of the Texas Department |
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of Criminal Justice if the employee or official has routine direct |
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contact with inmates of any penal or correctional institution or |
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with administratively released prisoners subject to the board's |
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jurisdiction; |
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(F) has been certified to the Employees |
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Retirement System of Texas under Section 815.505 as having begun |
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employment as a law enforcement officer or custodial officer, |
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unless the individual has been certified to the system as having |
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ceased employment as a law enforcement officer or custodial |
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officer; or |
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(G) before May 29, 1987, received hazardous duty |
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pay based on the terms of any state law if the individual holds a |
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position designated under that law as eligible for the pay. |
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SECTION 6. Section 663.001(3), Government Code, is amended |
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to read as follows: |
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(3) "Commission" means the commissioner of the General |
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Land Office [Texas Facilities Commission]. |
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SECTION 7. Section 2151.003, Government Code, is amended to |
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read as follows: |
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Sec. 2151.003. REFERENCE. A statutory reference to the |
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General Services Commission, the State Board of Control, the State |
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Purchasing and General Services Commission, or the Texas Building |
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and Procurement Commission means: |
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(1) the commissioner of the General Land Office [Texas
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Facilities Commission] if the statutory reference concerns: |
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(A) charge and control of state buildings, |
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grounds, or property; |
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(B) maintenance or repair of state buildings, |
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grounds, or property; |
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(C) construction of a state building; |
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(D) purchase or lease of state buildings, |
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grounds, or property by or for the state; |
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(E) child care services for state employees under |
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Chapter 663; or |
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(F) surplus and salvage property; and |
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(2) the comptroller in all other circumstances, except |
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as otherwise provided by law. |
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SECTION 8. Section 2151.004(c), Government Code, is amended |
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to read as follows: |
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(c) The commissioner of the General Land Office [Texas
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Facilities Commission] retains the powers and duties of the former |
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Texas Building and Procurement Commission relating to charge and |
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control of state buildings, grounds, or property, maintenance or |
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repair of state buildings, grounds, or property, child care |
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services for state employees under Chapter 663, surplus and salvage |
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property, construction of a state building, or purchase or lease of |
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state buildings, grounds, or property by or for the state. |
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SECTION 9. Section 2151.0041(c), Government Code, is |
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amended to read as follows: |
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(c) Unless otherwise provided by the legislature by law, on |
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September 1, 2013: |
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(1) the powers and duties transferred to the |
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comptroller under Section 2151.004(d) and under House Bill 3560, |
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Acts of the 80th Legislature, Regular Session, 2007, are |
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transferred to the commissioner of the General Land Office [Texas
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Facilities Commission]; |
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(2) a reference in law to the comptroller relating to a |
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power or duty transferred under this subsection means the |
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commissioner of the General Land Office [Texas Facilities
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Commission]; |
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(3) a rule or form adopted by the comptroller relating |
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to a power or duty transferred under this subsection is a rule or |
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form of the commissioner of the General Land Office [Texas
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Facilities Commission] and remains in effect until altered by the |
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commission; |
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(4) all obligations, contracts, proceedings, cases, |
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negotiations, funds, and employees of the comptroller relating to a |
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power or duty transferred under this subsection are transferred to |
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the commissioner of the General Land Office [Texas Facilities
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Commission]; |
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(5) all property and records in the custody of the |
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comptroller relating to a power or duty transferred under this |
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subsection and all funds appropriated by the legislature for |
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purposes related to a power or duty transferred under this |
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subsection are transferred to the commissioner of the General Land |
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Office [Texas Facilities Commission]; and |
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(6) Section 122.0011, Human Resources Code, and the |
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following provisions of the Government Code expire: |
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(A) Sections 2151.004(c) and (d); |
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(B) Section 2155.0011; |
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(C) Section 2155.086; |
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(D) Section 2155.087; |
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(E) Section 2156.0011; |
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(F) Section 2157.0011; |
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(G) Section 2158.0011; |
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(H) Section 2161.0011; |
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(I) Section 2163.0011; |
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(J) Section 2170.0011; |
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(K) Section 2171.0011; |
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(L) Section 2172.0011; |
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(M) Section 2176.0011; and |
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(N) Section 2262.0011. |
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SECTION 10. Section 2155.087(b), Government Code, is |
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amended to read as follows: |
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(b) The Statewide Procurement Advisory Council consists of |
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the following four members or their designees: |
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(1) one member appointed by the governor; |
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(2) one member appointed by the commissioner of the |
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General Land Office [Texas Facilities Commission]; |
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(3) one member appointed by the Department of |
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Information Resources; and |
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(4) one member appointed by the Legislative Budget |
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Board. |
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SECTION 11. Section 2162.051(a), Government Code, is |
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amended to read as follows: |
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(a) The State Council on Competitive Government consists of |
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the following individuals or the individuals they designate: |
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(1) the governor; |
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(2) the lieutenant governor; |
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(3) the comptroller; |
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(4) the speaker of the house of representatives; |
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(5) [the presiding officer of the Texas Facilities
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Commission;
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[(6)] the commissioner of the Texas Workforce |
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Commission representing labor; and |
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(6) [(7)] the land commissioner. |
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SECTION 12. Section 2165.0011, Government Code, is amended |
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to read as follows: |
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Sec. 2165.0011. DEFINITION. In this chapter, "commission" |
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means the commissioner of the General Land Office [Texas Facilities
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Commission]. |
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SECTION 13. Section 2166.001(1), Government Code, is |
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amended to read as follows: |
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(1) "Commission" means the commissioner of the General |
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Land Office [Texas Facilities Commission]. |
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SECTION 14. Sections 2166.257(b) and (c), Government Code, |
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are amended to read as follows: |
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(b) The money reserved under Subsection (a)(2) may be used |
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only if: |
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(1) the design professional or contractor recommends |
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and justifies the proposed contingency expenditures by submitting a |
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change order request; |
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(2) the proposed change order request is approved by |
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the design professional; |
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(3) the proposed change order request is approved by |
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the using agency and the agency makes a formal request for the |
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allocation of money from the contingency reserve; and |
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(4) the employee of the General Land Office |
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responsible for [director of] facilities construction and space |
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management [appointed under Section 2152.104] investigates the |
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nature of the change order and concurs in the necessity of the |
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proposed expenditure or refuses to concur not later than the 15th |
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day after the date of receiving the request. |
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(c) If the employee of the General Land Office responsible |
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for [director of] facilities construction and space management |
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refuses to concur in a proposed contingency expenditure, the using |
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agency may appeal to the commission. The commission's findings are |
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final. The commission shall adopt rules on the procedures for an |
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appeal under this subsection. |
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SECTION 15. Section 2166.305(b), Government Code, is |
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amended to read as follows: |
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(b) A committee appointed by the commission shall perform |
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the review. The committee consists of: |
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(1) one individual appointed by the commissioner of |
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the General Land Office [the director of facilities construction
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and space management appointed under Section 2152.104], who serves |
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as the presiding officer of the committee; |
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(2) six individuals appointed by the commission, one |
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each from the lists of nominees submitted respectively by the: |
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(A) president of the Texas Society of Architects; |
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(B) president of the Texas Society of |
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Professional Engineers; |
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(C) presiding officer of the Executive Council of |
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the Texas Associated General Contractors Chapters; |
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(D) executive secretary of the Mechanical |
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Contractors Associations of Texas, Incorporated; |
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(E) executive secretary of the Texas Building and |
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Construction Trades Council; and |
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(F) president of the Associated Builders and |
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Contractors of Texas; |
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(3) one individual appointed by the commission |
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representing an institution of higher education, as defined by |
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Section 61.003, Education Code; |
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(4) one individual appointed by the commission |
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representing a state agency that has a substantial ongoing |
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construction program; |
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(5) one individual appointed by the commission |
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representing the attorney general's office; |
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(6) one individual appointed by the commission |
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representing the interests of historically underutilized |
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businesses; and |
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(7) two individuals appointed by the commission, each |
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representing a different minority contractors association. |
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SECTION 16. Section 2167.0011, Government Code, is amended |
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to read as follows: |
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Sec. 2167.0011. DEFINITION. In this chapter, "commission" |
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means the commissioner of the General Land Office [Texas Facilities
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Commission]. |
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SECTION 17. Section 2175.001(1-a), Government Code, is |
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amended to read as follows: |
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(1-a) "Commission" means the commissioner of the |
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General Land Office [Texas Facilities Commission]. |
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SECTION 18. The following provisions of the Government Code |
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are repealed: |
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(1) Section 551.0726; and |
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(2) Chapter 2152. |
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SECTION 19. (a) The Texas Facilities Commission is |
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abolished. |
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(b) The validity of an action taken by the Texas Facilities |
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Commission before it is abolished is not affected by the abolition. |
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SECTION 20. (a) All powers and duties of the Texas |
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Facilities Commission are transferred to the General Land Office. |
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(b) A rule, form, policy, procedure, or decision of the |
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Texas Facilities Commission continues in effect as a rule, form, |
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policy, procedure, or decision of the General Land Office until |
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superseded by an act of the land commissioner or the land |
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commissioner's designee. |
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(c) A court case, administrative proceeding, contract |
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negotiation, or other proceeding involving the Texas Facilities |
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Commission is transferred without change in status to the General |
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Land Office, and the General Land Office assumes, without a change |
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in status, the position of the Texas Facilities Commission in a |
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negotiation or proceeding to which the Texas Facilities Commission |
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is a party. |
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(d) All money, contracts, leases, rights, bonds, and |
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obligations of the Texas Facilities Commission are transferred to |
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the General Land Office. |
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(e) All personal property, including records, in the |
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custody of the Texas Facilities Commission becomes the property of |
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the General Land Office. |
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(f) All funds appropriated by the legislature to the Texas |
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Facilities Commission are transferred to the General Land Office. |
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SECTION 21. This Act takes effect October 1, 2011. |