By: Duncan S.B. No. 1457
 
  (Frullo)
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to management services for the physical facilities of the
  Texas School for the Blind and Visually Impaired and the Texas
  School for the Deaf.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 30.022, Education Code, is amended by
  amending Subsection (h) and adding Subsection (h-1) to read as
  follows:
         (h)  Except as provided by Subsection (h-1), the [The] board
  has [exclusive] jurisdiction over the physical assets of the school
  and shall administer and spend appropriations made for the benefit
  of the school.
         (h-1)  The Texas Facilities Commission shall provide
  facilities maintenance services for the physical facilities of the
  school, including facilities construction, cabling, facility
  reconfiguration, and any other services as provided by a memorandum
  of understanding between the board and the Texas Facilities
  Commission.
         SECTION 2.  Section 30.052, Education Code, is amended by
  amending Subsection (h) and adding Subsection (h-1) to read as
  follows:
         (h)  Except as provided by Subsection (h-1), the [The] board
  has [exclusive] jurisdiction over the physical assets of the school
  and shall administer and spend appropriations to carry out the
  purposes of the school as provided by Section 30.051.
         (h-1)  The Texas Facilities Commission shall provide
  facilities maintenance services for the physical facilities of the
  school, including facilities construction, cabling, facility
  reconfiguration, and any other services as provided by a memorandum
  of understanding between the board and the Texas Facilities
  Commission.
         SECTION 3.  Subsection (b), Section 2165.007, Government
  Code, is amended to read as follows:
         (b)  Notwithstanding any other law, the commission shall
  provide facilities management services in relation to all state
  agency facilities in Travis County or a county adjacent to Travis
  County.  The commission's duty does not apply to:
               (1)  a facility owned or operated by an institution of
  higher education;
               (2)  military facilities;
               (3)  facilities owned or operated by the Texas
  Department of Criminal Justice;
               (4)  facilities owned or operated by the Texas Juvenile
  Justice Department [Youth Commission];
               (5)  facilities owned or operated by the Texas
  Department of Transportation;
               (6)  the Capitol, including the Capitol Extension, the
  General Land Office building, the Bob Bullock Texas State History
  Museum, any museum located on the Capitol grounds, the Governor's
  Mansion, and any property maintained by the Texas Historical
  Commission under Sections 442.0072 and 442.0073;
               (7)  a facility determined by the commission to be
  completely residential;
               (8)  a regional or field office of a state agency;
               (9)  a facility located within or on state park
  property;
               (10)  the property known as the Finance Commission
  Building described by deed recorded in Volume 5080, Page 1099, of
  the Deed Records of Travis County, Texas; [or]
               (11)  the property known as the Credit Union Department
  Building described by deed recorded in Volume 6126, Page 27, of the
  Deed Records of Travis County, Texas;
               (12)  facilities owned or operated by the Texas School
  for the Blind and Visually Impaired; or
               (13)  facilities owned or operated by the Texas School
  for the Deaf.
         SECTION 4.  (a)  Not later than January 1, 2014, the
  following are transferred from the Texas School for the Blind and
  Visually Impaired to the Texas Facilities Commission:
               (1)  the powers, duties, functions, programs, and
  activities of the Texas School for the Blind and Visually Impaired
  relating to the maintenance of the school's physical facilities;
               (2)  any obligations and contracts of the Texas School
  for the Blind and Visually Impaired 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 School for the Blind and Visually Impaired 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)  The Texas Facilities Commission and the Texas School for
  the Blind and Visually Impaired shall enter into a memorandum of
  understanding as provided by Subsection (h-1), Section 30.022,
  Education Code, as added by this Act, that:
               (1)  identifies in detail the applicable powers and
  duties that are transferred between the two agencies by this Act;
  and
               (2)  establishes a plan for the identification and
  transfer of the records, personnel, property, and unspent
  appropriations of the Texas School for the Blind and Visually
  Impaired that are used for purposes of the commission's powers and
  duties directly related to the maintenance of the school's physical
  facilities under Section 30.022, Education Code.
         SECTION 5.  (a)  Not later than January 1, 2014, the
  following are transferred from the Texas School for the Deaf to the
  Texas Facilities Commission:
               (1)  the powers, duties, functions, programs, and
  activities of the Texas School for the Deaf relating to the
  maintenance of the school's physical facilities;
               (2)  any obligations and contracts of the Texas School
  for the Deaf 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 School for the Deaf 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)  The Texas Facilities Commission and the Texas School for
  the Deaf shall enter into a memorandum of understanding as provided
  by Subsection (h-1), Section 30.052, Education Code, as added by
  this Act, that:
               (1)  identifies in detail the applicable powers and
  duties that are transferred between the two agencies by this Act;
  and
               (2)  establishes a plan for the identification and
  transfer of the records, personnel, property, and unspent
  appropriations of the Texas School for the Deaf that are used for
  purposes of the commission's powers and duties directly related to
  the maintenance of the school's physical facilities under Section
  30.052, Education Code.
         SECTION 6.  This Act takes effect September 1, 2013.