By: Birdwell S.B. No. 1729

(In the Senate - Filed March 9, 2017; March 23, 2017, read first time and referred to Committee on Business & Commerce; April 26, 2017, reported adversely, with favorable Committee Substitute by the following vote: Yeas 9, Nays 0; April 26, 2017, sent to printer.) Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR S.B. No. 1729 By: Creighton

A BILL TO BE ENTITLED

AN ACT

relating to the reporting and disposition of certain state-owned real property.

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

SECTION 1. Subchapter C, Chapter 2166, Government Code, is amended by adding Sections 2166.109, 2166.110, and 2166.111 to read as follows:

Sec. 2166.109. CONSOLIDATED DATABASE OF STATE-OWNED REAL PROPERTY ASSETS. (a) Notwithstanding Section 2166.003, this section applies to all state agencies, including a state agency otherwise exempt from this chapter under that section, other than a state institution of higher education.

(b) The commission shall establish and maintain a centralized, consolidated database for state-owned real property assets. The commission shall design the database to provide a broad overview of state agency real property assets and require state agencies to provide more generalized, less detailed information on real property assets than is required under Subchapter E, Chapter 31, Natural Resources Code.

(c) The commission by rule shall prescribe:

(1) the information required for the database and the form for a state agency to provide the information;

(2) the responsibilities and access rights of the commission and other state agencies related to the database; and

(3) a schedule for establishing the database and for state agencies to submit information to the commission for inclusion in the database.

(d) Each state agency shall submit to the commission in accordance with commission rules:

(1) not later than September 30 of each even-numbered year, the agency's inventory of state-owned real property assets current as of the last day of the most recent state fiscal year; and

(2) not later than the 90th day after the date of the occurrence, a description of any acquisition, disposition, or significant change in condition or status of a real property asset included in the agency's inventory.

Sec. 2166.110. BIENNIAL REPORT. Not later than December 1 of each even-numbered year, the commission shall submit a report to the governor and legislature on the status of all state-owned real property assets included in the database maintained under Section 2166.109.

Sec. 2166.111. DISPOSITION OF STATE-OWNED REAL PROPERTY. (a) A state agency in the executive branch of state government shall notify the commission at least 60 days before the date of any planned sale, lease, exchange, or other disposition of a state-owned real property asset included in the agency's inventory under Section 2166.109.

(b) Not later than the 30th day after the date of receiving notice from a state agency under Subsection (a), the commission shall submit to the state agency and governor a recommendation on whether the property is suitable to meet an identified space need of another state agency.

(c) A state agency may not sell, lease, exchange, or otherwise dispose of property the commission recommends as suitable to meet an identified space need of another state agency unless the governor, in writing, authorizes the agency to proceed with the sale, lease, exchange, or other disposition.

(d) This section does not apply to the disposition of a state highway right-of-way or to any legislative action directing the disposition of state-owned real property.

SECTION 2. (a) The Texas Facilities Commission is required to implement this Act only if the legislature appropriates money specifically for that purpose. If the legislature does not appropriate money specifically for that purpose, the commission may, but is not required to, implement this Act using other appropriations available for that purpose.

(b) A state agency is not required to comply with Section 2166.109 or 2166.111, Government Code, as added by this Act, until the Texas Facilities Commission has established the database and adopted the rules required by Section 2166.109, Government Code.

SECTION 3. This Act takes effect September 1, 2017.

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