87R4900 MWC-D
 
  By: Guerra H.B. No. 1373
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a study on leasing state property for private use.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  DEFINITIONS. In this Act:
               (1)  "Board" means the Texas Higher Education
  Coordinating Board.
               (2)  "Commission" means the Texas Facilities
  Commission.
               (3)  "Space" means a room, conference room, hall,
  stage, dance studio, rehearsal space, or other area in a state
  building or on state property.
         SECTION 2.  STUDY REGARDING LEASED SPACE OF STATE AGENCIES.
  (a) In collaboration with the Texas Commission on the Arts, the
  commission shall conduct a study to assess the feasibility of
  leasing to artists for the practice and performance of their arts
  available spaces in state agency buildings or on state agency
  property.
         (b)  In conducting the study, the commission shall consider:
               (1)  the types of spaces in state agency buildings or on
  state agency property that are appropriate for leasing;
               (2)  the location of each building or property with a
  space identified as potentially available for lease;
               (3)  the times each identified space would be available
  for lease;
               (4)  the persons to whom each identified space may be
  leased;
               (5)  any disadvantages to leasing each identified
  space, including sensitive surroundings or information that may be
  at risk during the lease;
               (6)  the fair market value for leasing each identified
  space;
               (7)  any tax implications for accepting a lease payment
  from a private business for private use of each identified space;
               (8)  the use limitations that may need to be included in
  a lease agreement for each identified space;
               (9)  security measures that hinder or enhance the
  availability or value of each identified space; and
               (10)  any other issue that would negatively impact or
  prohibit leasing each identified space.
         (c)  The study must identify:
               (1)  the criteria used to determine the feasibility of
  leasing each space identified as available for lease;
               (2)  the measures instituted to avoid viewpoint bias or
  other possible biases in the selection of a lease holder;
               (3)  the authorized uses of lease income by state
  agencies to benefit each agency offering space for lease; and
               (4)  the reasons a state agency would be authorized to
  decline to lease space at the agency.
         SECTION 3.  STUDY REGARDING LEASED SPACE OF PUBLIC
  INSTITUTIONS OF HIGHER EDUCATION. (a) In collaboration with the
  Texas Commission on the Arts, the board shall conduct a study to
  assess the feasibility of leasing to artists for the practice and
  performance of their arts available spaces in buildings or property
  of public institutions of higher education in this state.
         (b)  In conducting the study, the board shall consider:
               (1)  the types of spaces in buildings or on property of
  public institutions of higher education that are appropriate for
  leasing;
               (2)  the location of each building or property with a
  space identified as potentially available for lease;
               (3)  the times each identified space would be available
  for lease;
               (4)  the persons to whom each identified space may be
  leased;
               (5)  any disadvantages to leasing each identified
  space, including sensitive surroundings or information that may be
  at risk during the lease;
               (6)  the fair market value for leasing each identified
  space;
               (7)  any tax implications for accepting a lease payment
  from a private business for private use of each identified space;
               (8)  the use limitations that may need to be included in
  a lease agreement for each identified space;
               (9)  security measures that hinder or enhance the
  availability or value of each identified space; and
               (10)  any other issue that would negatively impact or
  prohibit leasing each identified space.
         (c)  The study must identify:
               (1)  the criteria used to determine the feasibility of
  leasing each space identified as available for lease;
               (2)  the measures instituted to avoid viewpoint bias or
  other possible biases in the selection of a lease holder;
               (3)  the authorized uses of lease income by public
  institutions of higher education to benefit each institution
  offering space for lease; and
               (4)  the reasons a public institution of higher
  education would be authorized to decline to lease space at the
  institution.
         SECTION 4.  REPORT TO LEGISLATURE. Not later than December
  2, 2022, the commission and board shall submit a report to each
  member of the legislature that includes the results of the studies
  conducted under Sections 2 and 3 of this Act and any recommendations
  of the commission and board related to the studies and statutory
  changes necessary to authorize leasing space to artists for the
  practice and performance of their arts at state agencies and public
  institutions of higher education.
         SECTION 5.  EXPIRATION. This Act expires September 1, 2023.
         SECTION 6.  EFFECTIVE DATE.  This Act takes effect
  immediately if it receives a vote of two-thirds of all the members
  elected to each house, as provided by Section 39, Article III, Texas
  Constitution.  If this Act does not receive the vote necessary for
  immediate effect, this Act takes effect September 1, 2021.