BILL ANALYSIS

Senate Research Center	S.B. 640
	By: Schwertner
	Business & Commerce
	6/16/2023
	Enrolled

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Currently, the Texas Facilities Commission (TFC) is responsible for the care, maintenance, and management of certain buildings in the Capitol Complex designated for legislative use. Meanwhile, the State Preservation Board (SPB) oversees other legislative buildings, including the Capitol.

This proposed legislation transfers the maintenance and responsibilities for the Sam Houston Building, Robert E. Johnson Building, and John H. Reagan Building and their grounds from TFC to SPB. This transfer aims to ensure the optimal efficiency of these buildings and preserve the fitness of these buildings to continue housing legislative offices.

Increased continuity in the operations of SPB throughout the Capitol Complex, achieved through this shift in responsibility, is supported by stakeholders from both TFC and SPB.

(Original Author's/Sponsor's Statement of Intent)

S.B. 640 amends current law relating to the state agencies responsible for providing facilities management services for certain state buildings allocated for legislative use.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter F, Chapter 301, Government Code, by adding Section 301.073, as follows:

Sec. 301.073. FACILITIES MANAGEMENT SERVICES FOR SPACE OCCUPIED BY LEGISLATURE. (a) Defines "facilities management services."

(b) Provides that the State Preservation Board (SPB), notwithstanding Section 2165.007 (Facilities Management Services) or 2165.057(a) (relating to requiring the Texas Facilities Commission (TFC) to develop and implement policies that clearly define certain responsibilities) or other law and except as otherwise provided by this section, is responsible for providing:

(1) for the Sam Houston Building, the facilities management services designated by the administrative head of the senate;

(2) for the John H. Reagan Building, the facilities management services designated by the administrative head of the house;

(3) for an interior portion of the Robert E. Johnson Building occupied by a single legislative agency, the facilities management services designated by the administrative head of that legislative agency; and

(4) for any portion of the Robert E. Johnson Building not covered by Subdivision (3) and for the attached parking facility known as state parking garage P, the facilities management services designated by the administrative head of the Texas Legislative Council (TLC) in consultation with the other affected legislative agencies occupying space in the building.

(c) Requires TFC to:

(1) provide any facilities management service for a facility listed in Subsection (b) that has not been designated to be performed by SPB;

(2) operate and maintain the central utility plant in the Sam Houston Building;

(3) subject to Subdivision (4), operate and maintain the chiller utility plant attached to the Robert E. Johnson Building; and

(4) as part of phase 2 construction of the Capitol Complex master plan developed under Section 2166.105 (Capitol Complex Master Plan):

(A) connect the Robert E. Johnson Building to the centralized chilled water distribution system described by that plan; and

(B) subsequently decommission the chiller utility plant attached to the Robert E. Johnson Building, except for portions of the plant needed to provide backup chilled water for the building's data center or other critical infrastructure identified by the administrative head of TLC.

(d) Requires TFC to transfer to SPB an amount of money sufficient to reimburse SPB for the costs incurred by SPB to perform the services described by Subsection (b), including any deferred maintenance project performed by SPB.

(e) Provides that this section does not, and is prohibited from being construed to, specifically commit the control of any public buildings or grounds to SPB for purposes of Section 2165.002 (Exceptions to Commission Charge and Control) or any other law.

(f) Authorizes the administrative head of the appropriate legislative agency to select an entity to provide construction management and oversight of a project undertaken to repair or rehabilitate a facility described by Subsection (b) that is funded by money appropriated to SPB. Provides that the entity selected is exclusively responsible for providing construction management and oversight of the project, notwithstanding Section 2165.001 (Custodianship of State Property), Chapter 2166 (Building Construction and Acquisition and Disposition of Real Property), or other law. Requires SPB, on the request of the administrative head of the legislative agency, from the money appropriated to SPB to fund the project, to transfer to the legislative agency the amount of money necessary for the legislative agency to pay the costs the agency incurs in connection with the project.

(g) Requires the administrative head of agency for the appropriate house, for the chamber and committee rooms occupied by the house and senate in the Capitol, Capitol Extension, and any legislative office building, to specify the scope, manner, and performance of all work related to audiovisual systems, including sound systems.

SECTION 2. Effective date: September 1, 2023.