83R5191 YDB-D
 
  By: Dutton H.B. No. 2107
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the continuation and functions of the Texas Facilities
  Commission; authorizing fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 443.007, Government Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  If the board updates or modifies its long-range master
  plan for the preservation, maintenance, restoration, and
  modification of the Capitol and the Capitol grounds, the board must
  conform its plan to the Capitol Complex master plan prepared by the
  Texas Facilities Commission under Section 2166.105.
         SECTION 2.  Section 2152.002, Government Code, is amended to
  read as follows:
         Sec. 2152.002.  SUNSET PROVISION. The Texas Facilities 
  [Building and Procurement] Commission is subject to Chapter 325
  (Texas Sunset Act). Unless continued in existence as provided by
  that chapter, the commission is abolished and this subtitle, except
  for Chapter 2170 and Section 2157.121, expires September 1, 2021 
  [2013].
         SECTION 3.  Subchapter B, Chapter 2152, Government Code, is
  amended by adding Section 2152.066 to read as follows:
         Sec. 2152.066.  NEGOTIATED RULEMAKING AND ALTERNATIVE
  DISPUTE RESOLUTION POLICY. (a) The commission shall develop and
  implement a policy to encourage the use of:
               (1)  negotiated rulemaking procedures under Chapter
  2008 for the adoption of commission rules; and
               (2)  appropriate alternative dispute resolution
  procedures under Chapter 2009 to assist in the resolution of
  internal and external disputes under the commission's
  jurisdiction.
         (b)  The commission's procedures relating to alternative
  dispute resolution must conform, to the extent possible, to any
  model guidelines issued by the State Office of Administrative
  Hearings for the use of alternative dispute resolution by state
  agencies.
         (c)  The commission shall:
               (1)  coordinate the implementation of the policy
  adopted under Subsection (a);
               (2)  provide training as needed to implement the
  procedures for negotiated rulemaking or alternative dispute
  resolution; and
               (3)  collect data concerning the effectiveness of those
  procedures.
         SECTION 4.  Section 2165.055, Government Code, is amended to
  read as follows:
         Sec. 2165.055.  REPORT ABOUT IMPROVEMENTS AND REPAIRS. The
  commission [biennially] on July 1 of each even-numbered year 
  [December 1st] shall electronically submit a report to the
  governor, lieutenant governor, speaker of the house of
  representatives, comptroller, and Legislative Budget Board on:
               (1)  all improvements and repairs that have been made,
  with an itemized account of receipts and expenditures; and
               (2)  the condition of all property under its control,
  with an estimate of needed improvements and repairs.
         SECTION 5.  Section 2165.2035(e), Government Code, is
  amended to read as follows:
         (e)  On or before December 1 of each even-numbered year, the
  commission shall electronically submit a report to the legislature
  and the Legislative Budget Board describing the effectiveness of
  the program under this section.
         SECTION 6.  Section 2165.2046, Government Code, is amended
  to read as follows:
         Sec. 2165.2046.  REPORTS ON PARKING PROGRAMS.  On or before
  December [October] 1 of each even-numbered year, the commission
  shall electronically submit a report to the legislature and 
  Legislative Budget Board describing the effectiveness of parking
  programs developed by the commission under this subchapter.  The
  report must, at a minimum, include:
               (1)  the yearly revenue generated by the programs;
               (2)  the yearly administrative and enforcement costs of
  each program;
               (3)  yearly usage statistics for each program; and
               (4)  initiatives and suggestions by the commission to:
                     (A)  modify administration of the programs; and
                     (B)  increase revenue generated by the programs.
         SECTION 7.  Chapter 2165, Government Code, is amended by
  adding Subchapter H to read as follows:
  SUBCHAPTER H. PUBLIC AND PRIVATE FACILITIES AND INFRASTRUCTURE:
  QUALIFYING PROJECTS
         Sec. 2165.351.  DEFINITIONS. In this subchapter:
               (1)  "Partnership Advisory Commission" means the
  Partnership Advisory Commission created by Chapter 2268.
               (2)  "Qualifying project" has the meaning assigned by
  Section 2267.001, as added by Chapter 1334 (S.B. 1048), Acts of the
  82nd Legislature, Regular Session, 2011.
         Sec. 2165.352.  COMMISSION REVIEW GUIDELINES AND POLICIES.
  (a) In adopting the qualifying project review guidelines required
  by Section 2267.052, as added by Chapter 1334 (S.B. 1048), Acts of
  the 82nd Legislature, Regular Session, 2011, the commission must
  include review criteria and documentation to guide the initial
  review of each substantially complete qualifying project proposal
  received by the commission.
         (b)  The review criteria required under Subsection (a) at a
  minimum must include:
               (1)  the extent to which the qualifying project meets a
  public need;
               (2)  the extent to which the project meets the
  objectives and priorities of the commission and aligns with any
  applicable commission plans, including the Capitol Complex master
  plan developed under Section 2166.105;
               (3)  the technical and legal feasibility of the
  project;
               (4)  the adequacy of the qualifications, experience,
  and financial capacity of a private entity or other person
  submitting the proposal;
               (5)  any potentially unacceptable risks to this state;
  and
               (6)  whether an alternative delivery method is feasible
  and more effectively meets this state's goals.
         (c)  The commission's qualifying project review guidelines
  must:
               (1)  specify the types of professional expertise,
  including financial, real estate, legal, and other related
  expertise, needed to effectively protect this state's interest when
  considering and implementing a qualifying project;
               (2)  specify the range of professional expertise needed
  at each stage of the project, including proposal evaluation,
  financial analysis, risk allocation analysis, contract
  negotiation, and contract and performance monitoring, to evaluate
  the qualifying project proposal; and
               (3)  require the oversight committee established by the
  commission for each qualifying project to report to the commission
  the results of the committee's evaluation of the project, including
  the schedules, procedures, proposal evaluation criteria, and
  documentation required in the guidelines for the evaluation.
         (d)  The commission shall:
               (1)  for each qualifying project proposal, post on the
  commission's Internet website the oversight committee's review
  report and other evaluation documents; and
               (2)  before posting the report and documents required
  under Subdivision (1), redact all information included in the
  report and documents that is considered confidential under Section
  2267.066(c).
         (e)  The expertise described by Subsection (c) may be
  provided by commission staff or outside experts.
         Sec. 2165.353.  QUALIFYING PROJECT FEES. (a)  The
  commission may charge a reasonable fee to cover the costs of
  reviewing a qualifying project.  The commission shall develop and
  adopt a qualifying project proposal fee schedule sufficient to
  cover its costs, including at a minimum the costs of processing,
  reviewing, and evaluating the proposals.
         (b)  The commission shall use the professional expertise
  information required under Section 2165.352(c) to determine the
  amount of the fee charged by the commission to review a qualifying
  project proposal. The amount must be reasonable in comparison to
  the level of professional expertise required for the project and
  may include the cost of staff time required to process the proposal
  and other direct costs.
         (c)  The commission may use the money from the fees collected
  under this section to hire or contract with persons who have the
  professional expertise necessary to effectively evaluate a
  qualifying project proposal.
         Sec. 2165.354.  INITIAL REVIEW OF QUALIFYING PROJECT
  PROPOSAL. (a) The commission staff shall conduct an initial review
  of each qualifying project proposal submitted to the commission and
  provide to commission members a summary of the review, including an
  analysis and recommendations.
         (b)  Subject to Subsection (c), the commission shall use a
  value for money analysis in evaluating each qualifying project
  proposal to:
               (1)  conduct a thorough risk analysis of the proposal
  that identifies specific risks shared between this state and the
  private partner and subjects the risks to negotiation in the
  contract;
               (2)  determine if the proposal is in the best long-term
  financial interest of this state; and
               (3)  determine if the project will provide a tangible
  public benefit to this state.
         (c)  If commission staff determine that a value for money
  analysis is not appropriate for evaluating a specific qualifying
  project proposal, the staff shall submit to the commission a
  written report stating the reasons for using an alternative
  analysis methodology.
         (d)  The commission shall coordinate with the commission's
  office of internal audit for review and receipt of comments on the
  reasonableness of the assumptions used in the value for money
  analysis or alternative analysis methodology used to evaluate a
  qualifying project proposal under this section.
         Sec. 2165.355.  INITIAL PUBLIC HEARING ON QUALIFYING PROJECT
  PROPOSAL. (a) Before submitting a detailed qualifying project
  proposal to the Partnership Advisory Commission as required under
  Section 2268.058, the commission must hold an initial public
  hearing on the proposal.
         (b)  The commission must post a copy of the detailed
  qualifying project proposal on the commission's Internet website
  before the required public hearing and, before posting the
  proposal, redact all information included in the proposal that is
  considered confidential under Section 2267.066(c).
         (c)  After the hearing, the commission shall:
               (1)  modify the proposal as the commission determines
  appropriate based on the public comments; and
               (2)  include the public comments in the documents
  submitted to the Partnership Advisory Commission and provide any
  additional information necessary for the evaluation required under
  Chapter 2268.
         Sec. 2165.356.  SUBMISSION OF QUALIFYING PROJECT CONTRACT TO
  CONTRACT ADVISORY TEAM. (a) Not later than the 60th day before the
  date the commission is scheduled to vote on approval of a qualifying
  project contract, the commission must submit to the Contract
  Advisory Team established under Subchapter C, Chapter 2262,
  documentation of the modifications to a proposed qualifying project
  made during the commission's evaluation and negotiation process for
  the project, including a copy of:
               (1)  the final draft of the contract;
               (2)  the detailed qualifying project proposal; and
               (3)  any executed interim or other agreement.
         (b)  The Contract Advisory Team shall review the
  documentation submitted under Subsection (a) and provide written
  comments and recommendations to the commission. The review must
  focus on, but not be limited to, best practices for contract
  management and administration.
         (c)  Commission staff shall provide to the commission
  members:
               (1)  a copy of the Contract Advisory Team's written
  comments and recommendations; and
               (2)  the staff's response to the comments and
  recommendations.
         Sec. 2165.357.  PROHIBITED EMPLOYMENT OF COMMISSION
  EMPLOYEE. (a) A commission employee may not be employed or hired by
  another person to perform duties that relate to the employee's
  specific duties in developing and implementing a qualifying
  project, including review, evaluation, development, and
  negotiation of a qualifying project proposal.
         (b)  The commission shall obtain from each commission
  employee sufficient information for the commission to determine
  whether:
               (1)  the employee is employed by another person; and
               (2)  a potential conflict of interest exists between
  the employee's commission duties and the employee's duties with the
  other employer.
         (c)  Each commission employee whose commission duties relate
  to a qualifying project, including long-range planning, real estate
  management, space management, and leasing services, shall attest
  that the employee is aware of and agrees to the commission's ethics
  and conflict-of-interest policies.
         (d)  To the extent the employment is authorized by commission
  policy, this section does not prohibit additional employment for a
  commission employee whose commission duties are not related to a
  qualifying project.
         SECTION 8.  Section 2166.001, Government Code, is amended by
  amending Subdivisions (1) and (1-a) and adding Subdivision (1-b) to
  read as follows:
               (1)  "Capitol Complex" has the meaning prescribed by
  Section 411.061(a)(1).
               (1-a)  "Commission" means the Texas Facilities
  Commission.
               (1-b) [(1-a)]  "Construction" includes acquisition and
  reconstruction.
         SECTION 9.  Section 2166.101(d), Government Code, is amended
  to read as follows:
         (d)  The commission shall summarize its findings on the
  status of state-owned buildings and current information on
  construction costs in an electronically submitted [a] report [it
  shall make available] to the governor, lieutenant governor, speaker
  of the house of representatives, comptroller, and Legislative
  Budget Board not later than July 1 of each even-numbered year [the
  legislature, and the state's budget offices].
         SECTION 10.  Section 2166.102(b), Government Code, is
  amended to read as follows:
         (b)  The commission shall maintain a six-year capital
  planning cycle and shall electronically submit [file] a master
  facilities plan with the governor, lieutenant governor, speaker of
  the house of representatives, [Governor's Office of Budget and
  Planning, the] Legislative Budget Board, and [the] comptroller
  before July 1 of each even-numbered year.
         SECTION 11.  Section 2166.103(b), Government Code, is
  amended to read as follows:
         (b)  Not later than July 1 of each even-numbered year [Before
  each legislative session], the commission shall electronically
  submit [send] to the governor, the lieutenant governor, the speaker
  of the house of representatives, the comptroller, and the
  Legislative Budget Board a report identifying counties in which
  more than 50,000 square feet of usable office space is needed and
  the commission's recommendations for meeting that need. The
  commission may recommend leasing or purchasing and renovating one
  or more existing buildings or constructing one or more buildings.
         SECTION 12.  Subchapter C, Chapter 2166, Government Code, is
  amended by adding Sections 2166.105, 2166.106, 2166.107, and
  2166.108 to read as follows:
         Sec. 2166.105.  CAPITOL COMPLEX MASTER PLAN. (a) The
  commission shall prepare a Capitol Complex master plan that at a
  minimum includes:
               (1)  an overview and summary of the previous plans for
  the Capitol Complex;
               (2)  a stated strategic vision and long-term goals for
  the Capitol Complex;
               (3)  an analysis of state property, including
  buildings, in the Capitol Complex and of the extent to which this
  state satisfies its space needs through use of the property;
               (4)  in consultation with the General Land Office, an
  analysis of the current and forecasted real estate market
  conditions in the Austin area;
               (5)  detailed, site-specific proposals for developing
  state property in the Capitol Complex, including proposals on the
  use of property and space for public or private sector purposes;
               (6)  an analysis of and recommendations for building
  design guidelines to ensure appropriate quality in new or remodeled
  buildings in the Capitol Complex;
               (7)  an analysis of and recommendations for Capitol
  Complex infrastructure needs, including transportation, utilities,
  and parking;
               (8)  for projects identified in the plan, an analysis
  of and recommendations for financing options, including private
  sector participation;
               (9)  time frames for implementing the plan components
  and any projects identified in the plan;
               (10)  consideration of alternative options for meeting
  state space needs outside the Capitol Complex; and
               (11)  other information relevant to the Capitol Complex
  as the commission determines appropriate.
         (b)  The commission shall ensure that the General Land
  Office, the State Preservation Board, the Texas Historical
  Commission, and other relevant interested parties are included in
  each stage of the development of the Capitol Complex master plan.
         (c)  The commission shall submit to the governor, lieutenant
  governor, speaker of the house of representatives, comptroller, and
  Legislative Budget Board:
               (1)  not later than July 1, 2014, the initial Capitol
  Complex master plan; and
               (2)  not later than July 1 of each even-numbered year
  thereafter, updates to the plan.
         (d)  The commission shall ensure that the Capitol Complex
  master plan and the master facilities plan developed under Section
  2166.102 do not conflict and together comprehensively address the
  space needs of state agencies.
         Sec. 2166.106.  REVIEW OF PROPOSED CAPITOL COMPLEX MASTER
  PLAN BY STATE PRESERVATION BOARD AND GENERAL LAND OFFICE. (a) Not
  later than the 90th day before the date the commission holds a
  public meeting to discuss a proposed Capitol Complex master plan,
  the commission must submit the proposed plan to the State
  Preservation Board and the General Land Office for review and
  comment.
         (b)  Not later than the 60th day before the date the
  commission holds a public meeting to discuss a proposed update to
  the Capitol Complex master plan, the commission must submit the
  proposed update to the State Preservation Board and the General
  Land Office for review and comment.
         (c)  Not later than the 90th day after the date the State
  Preservation Board receives from the commission a proposed Capitol
  Complex master plan and not later than the 60th day after the date
  the board receives from the commission a proposed update to the
  plan, the board may:
               (1)  by a public vote disapprove the plan or update if
  the board determines that the goals or recommendations in the plan
  or update are not in the best interest of the state or of the Capitol
  Complex; and
               (2)  submit to the commission written comments and
  recommended modifications to the plan or update.
         (d)  The proposed Capitol Complex master plan or the proposed
  update to the plan is considered to be approved by the State
  Preservation Board if the board does not hold the public vote
  authorized by Subsection (c) on or before the date required under
  that subsection.
         (e)  The review of the Capitol Complex master plan under this
  section is in addition to the review required for a proposed project
  under Section 443.0071.
         Sec. 2166.107.  COMPREHENSIVE PLANNING AND DEVELOPMENT
  PROCESS. (a) The commission by rule shall adopt a comprehensive
  process for planning and developing state property in the
  commission's inventory, including property in the Capitol Complex,
  and for assisting state agencies in space development planning for
  state property under Sections 2165.105 and 2165.1061.
         (b)  The process under this section at a minimum must
  include:
               (1)  a clear approach and specific time frames for
  obtaining input throughout the planning and development process
  from the public, interested parties, and state agencies, including
  the General Land Office and, for Capitol Complex property, the
  State Preservation Board and the Texas Historical Commission;
               (2)  specific schedules for providing to the commission
  regular updates on planning and development efforts;
               (3)  a public involvement policy to ensure that before
  the commission makes a decision on the use or development of state
  property the public and interested parties have the opportunity to
  review and comment on the commission's plans; and
               (4)  confidentiality policies consistent with Chapter
  552.
         Sec. 2166.108.  COMPREHENSIVE CAPITAL IMPROVEMENT AND
  DEFERRED MAINTENANCE PLAN. (a) The commission shall develop a
  comprehensive capital improvement and deferred maintenance plan
  that clearly defines the capital improvement needs and critical and
  noncritical maintenance needs of state buildings.
         (b)  The comprehensive capital improvement and deferred
  maintenance plan must:
               (1)  with respect to deferred maintenance projects:
                     (A)  list, with regular updates, deferred
  maintenance projects that contain critical high-priority projects
  and lower-priority, non-health and safety projects;
                     (B)  state the commission's plan for addressing
  the projects;
                     (C)  account for the completion of high-priority
  projects;
                     (D)  estimate when the lower-priority projects
  may become higher-priority projects; and
                     (E)  be modified as necessary to include
  additional maintenance projects;
               (2)  contain a list of all predictable capital
  improvement projects, including a time frame and a cost estimate
  for each project; and
               (3)  contain a plan, updated biennially, for responding
  to emergency repairs and replacements that, in consultation with
  the Legislative Budget Board, identifies potential sources of
  funds, which may include bonds and bond interest, that may be used
  to pay the costs of emergency repair and replacement projects.
         (c)  The comprehensive capital improvement and deferred
  maintenance plan must include for each segment of the plan
  described by Subsection (b) a prioritized list by state agency
  facility of each project that includes an estimate of the project's
  cost and the aggregate costs for all facility projects.
         (d)  The commission shall include the comprehensive capital
  improvement and deferred maintenance plan and regular updates to
  the plan in its long-range plan under Section 2166.102.  The
  information included in the long-range plan must include the
  aggregate project costs for each state agency but may exclude the
  cost of each specific facility project.
         SECTION 13.  Section 31.155(d), Natural Resources Code, is
  amended to read as follows:
         (d)  The duty under this subchapter of the division to review
  and verify real property records and to make recommendations
  regarding real property and of the commissioner to prepare a report
  involving real property does not apply to:
               (1)  the real property of an institution of higher
  education;
               (2)  the real property that is part of a fund created or
  specifically authorized by the constitution of this state and that
  is administered by or with the assistance of the land office;
               (3)  the real property of the Employees Retirement
  System of Texas; [and]
               (4)  the real property of the Teacher Retirement System
  of Texas; and
               (5)  the real property included in the Capitol Complex
  as defined by Section 411.061(a)(1), Government Code.
         SECTION 14.  The Texas Facilities Commission shall:
               (1)  not later than January 1, 2014:
                     (A)  develop the qualifying project review
  guidelines required by Section 2165.352, Government Code, as added
  by this Act;
                     (B)  develop the qualifying project proposal fee
  schedule required by Section 2165.353, Government Code, as added by
  this Act; and
                     (C)  adopt the comprehensive planning and
  development process required by Section 2166.107, Government Code,
  as added by this Act; and
               (2)  not later than July 1, 2014:
                     (A)  prepare the Capitol Complex master plan
  required by Section 2166.105, Government Code, as added by this
  Act, and submit the plan as required by that section; and
                     (B)  prepare the comprehensive capital
  improvement and deferred maintenance plan required by Section
  2166.108, Government Code, as added by this Act.
         SECTION 15.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2013.