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.