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AN ACT
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relating to approval for purchases of property or construction |
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projects by a state agency with self-directed semi-independent |
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status. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter F, Chapter 2165, Government Code, is |
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amended by adding Section 2165.261 to read as follows: |
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Sec. 2165.261. PROPERTY PURCHASES AND CONSTRUCTION |
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PROJECTS BY SELF-DIRECTED SEMI-INDEPENDENT AGENCIES. (a) This |
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section applies only to a state agency that has self-directed |
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semi-independent status under state law. |
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(b) Notwithstanding Chapter 472 of this code, Chapter 16, |
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Finance Code, Chapter 1105, Occupations Code, or any law other than |
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this subsection, a state agency must obtain written authorization |
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from the governor before allocating money for the purchase of real |
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property or to construct a building on real property. This |
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subsection does not limit the authority of the legislature under |
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other law to authorize construction projects or the purchase of |
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real property. |
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(c) To apply for authorization under this section, a state |
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agency, in accordance with procedures prescribed by the governor, |
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shall: |
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(1) submit to the Texas Facilities Commission: |
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(A) a detailed description of the proposed |
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property purchase or construction project and the agency's need for |
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the purchase or project; and |
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(B) a request for an analysis by the commission |
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of any available state property or building that satisfies the |
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agency's need; and |
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(2) submit to the governor: |
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(A) a request for written authorization for the |
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purchase or project that includes the detailed description |
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submitted under Subdivision (1)(A), the total amount of money |
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required to complete the purchase or project, and the agency's |
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justification for the purchase or project; and |
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(B) the analysis obtained from the commission |
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under Subdivision (1)(B). |
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(d) A state agency that receives written authorization |
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under Subsection (c) shall: |
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(1) collaborate with the Texas Facilities Commission |
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with respect to the purchase or project; and |
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(2) notify the commission and the General Land Office |
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on completion of the purchase or project. |
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(e) The governor may adopt rules necessary to implement this |
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section. |
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SECTION 2. (a) As soon as practicable after the effective |
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date of this Act, the governor shall prescribe the procedures and |
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may adopt any rules necessary to implement Section 2165.261, |
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Government Code, as added by this Act. The governor may adopt the |
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initial rules in the manner provided by law for emergency rules. |
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(b) Not later than January 1, 2020, and in accordance with |
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procedures prescribed by the governor, a state agency with |
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self-directed semi-independent status under state law that before |
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the effective date of this Act allocated money to purchase real |
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property or construct a building on real property and has not |
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completed the purchase or has not begun the construction, as |
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applicable: |
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(1) shall submit to the governor a detailed |
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description of the proposed purchase or project, including the |
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amount of money previously allocated by the agency for the purchase |
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or project, the amount of money required to complete the purchase or |
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project, and the agency's justification for the purchase or |
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project; and |
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(2) may not allocate additional money for the purchase |
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or project unless the agency receives written authorization for the |
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purchase or project from the governor in accordance with Section |
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2165.261, Government Code, as added by this Act, and any rules |
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adopted under that section. |
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SECTION 3. This Act takes effect September 1, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 646 passed the Senate on |
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April 4, 2019, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 646 passed the House on |
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May 15, 2019, by the following vote: Yeas 144, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |