By: Cyrier H.B. No. 4541
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the authority over certain real property by the Texas
  Facilities Commission.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 2166.052, Government Code, is amended by
  amending Subsection (b) and adding Subsection (d) to read as
  follows:
         (a)  The commission, as provided by law and by legislative
  appropriation, may:
               (1)  acquire necessary real and personal property and
  modernize, remodel, build, or equip buildings for state purposes;
  and
               (2)  contract as necessary to accomplish these
  purposes.
         (b)  The commission may not sell or otherwise dispose of real
  property of the state located in the Capitol Complex as defined by
  Section 411.061 (a) (1) Government Code, except by specific
  authority:
               (1)  granted by the legislature if the legislature is
  in session; or
               (2)  granted jointly by the governor and the
  Legislative Budget Board if the legislature is not in session.
         (c)  The commission may enter into a contract with the City
  of Austin to govern the transfer, sale, or exchange of real property
  and interests in real property, including the vacation of street
  rights-of-way, easements, and other interests, as necessary or
  advantageous to both parties. The agreement may provide for the
  transfer, sale, or exchange by one party in favor of the other for a
  reasonable value established by the parties and may provide for a
  transfer, sale, or exchange to be credited against future property
  or interests to be transferred, sold, or exchanged between the
  parties. Section 272.001, Local Government Code, does not apply to
  a transaction governed by this section.
         (d)  the commission may lease real property, including
  improvements.
         (e)  The commission may not sell or otherwise dispose of real
  property of the state, not located in the Capitol Complex except by
  specific authority:
               (1)  granted by the legislature if the legislature is
  in session; or
               (2)  through formal notification of the governor and
  the Legislative Budget Board if the legislature is not in session.
                     (A)  The commission, when contemplating a sale of
  real property, shall submit to the governor and legislative budget
  board, a formal notification of their intent. The governor may
  provide written notice of disapproval under this section not later
  than the 90th day after the governor receives the written
  notification.
                     (B)  The commission shall send a copy of any
  formal notification, of the intent to sell real property to the
  state senator and state representative where the property is
  located, on any formal notification to the governor of intent to
  sell real property.
         (f)  If requested by the commission, the General Land Office
  shall negotiate and close a sale of real property under this section
  on behalf of the commission using procedures under Section
  31.158(c), Natural Resources Code, except that the General Land
  Office is not required to offer the School Land Board the first
  option to purchase the real property.
         (g)  The grant of an interest in real property owned by the
  state under this section must be conveyed by an instrument signed by
  the executive director of the commission and the by the governor.
         (h)  revenue from the lease, sale, or other disposition of
  real property under this section shall be deposited into the Texas
  Capital Trust Fund and shall be dedicated to the acquisition,
  construction, repair, and improvement of facilities.
         (i)  reasonable expenses related to conducting a real estate
  transaction under this section, including the payment of brokerage
  fees, may be deducted from the proceeds of the transaction before
  the proceeds are deposited to the Texas Capital Trust Fund.
         
         SECTION 2.  This Act takes effect September 1, 2019.