By: Birdwell, et al.  S.B. No. 646
         (In the Senate - Filed February 5, 2019; March 1, 2019, read
  first time and referred to Committee on Business & Commerce;
  March 26, 2019, reported favorably by the following vote:  Yeas 8,
  Nays 0; March 26, 2019, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to approval for purchases of property or construction
  projects by a state agency with self-directed semi-independent
  status.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter F, Chapter 2165, Government Code, is
  amended by adding Section 2165.261 to read as follows:
         Sec. 2165.261.  PROPERTY PURCHASES AND CONSTRUCTION
  PROJECTS BY SELF-DIRECTED SEMI-INDEPENDENT AGENCIES.  (a)  This
  section applies only to a state agency that has self-directed
  semi-independent status under state law.
         (b)  Notwithstanding Chapter 472 of this code, Chapter 16,
  Finance Code, Chapter 1105, Occupations Code, or any other law, a
  state agency must obtain written authorization from the governor
  before allocating money for the purchase of real property or to
  construct a building on real property.
         (c)  To apply for authorization under this section, a state
  agency, in accordance with procedures prescribed by the governor,
  shall:
               (1)  submit to the Texas Facilities Commission:
                     (A)  a detailed description of the proposed
  property purchase or construction project and the agency's need for
  the purchase or project; and
                     (B)  a request for an analysis by the commission
  of any available state property or building that satisfies the
  agency's need; and
               (2)  submit to the governor:
                     (A)  a request for written authorization for the
  purchase or project that includes the detailed description
  submitted under Subdivision (1)(A), the total amount of money
  required to complete the purchase or project, and the agency's
  justification for the purchase or project; and
                     (B)  the analysis obtained from the commission
  under Subdivision (1)(B).
         (d)  A state agency that receives written authorization
  under Subsection (c) shall:
               (1)  collaborate with the Texas Facilities Commission
  with respect to the purchase or project; and
               (2)  notify the commission and the General Land Office
  on completion of the purchase or project.
         (e)  The governor may adopt rules necessary to implement this
  section.
         SECTION 2.  (a)  As soon as practicable after the effective
  date of this Act, the governor shall prescribe the procedures and
  may adopt any rules necessary to implement Section 2165.261,
  Government Code, as added by this Act.  The governor may adopt the
  initial rules in the manner provided by law for emergency rules.
         (b)  Not later than January 1, 2020, and in accordance with
  procedures prescribed by the governor, a state agency with
  self-directed semi-independent status under state law that before
  the effective date of this Act allocated money to purchase real
  property or construct a building on real property and has not
  completed the purchase or has not begun the construction, as
  applicable:
               (1)  shall submit to the governor a detailed
  description of the proposed purchase or project, including the
  amount of money previously allocated by the agency for the purchase
  or project, the amount of money required to complete the purchase or
  project, and the agency's justification for the purchase or
  project; and
               (2)  may not allocate additional money for the purchase
  or project unless the agency receives written authorization for the
  purchase or project from the governor in accordance with Section
  2165.261, Government Code, as added by this Act, and any rules
  adopted under that section.
         SECTION 3.  This Act takes effect September 1, 2019.
 
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