Bill Text: TX HB2089 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the powers and duties of the General Land Office, including the abolition of the Texas Facilities Commission and the transfer of its duties to the General Land Office.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-03-05 - Referred to Land & Resource Management [HB2089 Detail]

Download: Texas-2013-HB2089-Introduced.html

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83R6295 EAH-D
By: Herrero H.B. No. 2089

A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the General Land Office,
including the abolition of the Texas Facilities Commission and the
transfer of its duties to the General Land Office.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.1391, Government Code, is amended to
read as follows:
Sec. 411.1391. ACCESS TO CRIMINAL HISTORY RECORD
INFORMATION: GENERAL LAND OFFICE [TEXAS FACILITIES COMMISSION].
(a) The General Land Office [Texas Facilities Commission] is
entitled to obtain from the department criminal history record
information maintained by the department that relates to a person
who:
(1) is an employee or an applicant for employment with
the land office [commission];
(2) is a consultant, intern, or volunteer for the land
office [commission] or an applicant to serve as a consultant,
intern, or volunteer;
(3) proposes to enter into a contract with or has a
contract with the land office [commission] to perform services for
or supply goods to the land office [commission]; or
(4) is an employee or subcontractor, or an applicant
to be an employee or subcontractor, of a contractor that provides
services to the land office [commission].
(b) Criminal history record information obtained by the
General Land Office [Texas Facilities Commission] under Subsection
(a) may not be released or disclosed to any person except:
(1) on court order; or
(2) with the consent of the person who is the subject
of the criminal history record information.
SECTION 2. Section 417.0081(a), Government Code, is amended
to read as follows:
(a) The state fire marshal, at the commissioner's
direction, shall periodically inspect public buildings under the
charge and control of the General Land Office [Texas Facilities
Commission] and buildings leased for the use of a state agency by
the General Land Office [Texas Facilities Commission].
SECTION 3. Section 417.0082, Government Code, is amended to
read as follows:
Sec. 417.0082. PROTECTION OF CERTAIN STATE-OWNED OR
STATE-LEASED BUILDINGS AGAINST FIRE HAZARDS. (a) The state fire
marshal, under the direction of the commissioner, shall take any
action necessary to protect a public building under the charge and
control of the General Land Office [Texas Facilities Commission],
and the building's occupants, and the occupants of a building
leased for the use of a state agency by the General Land Office
[Texas Facilities Commission], against an existing or threatened
fire hazard. The state fire marshal and the General Land Office
[Texas Facilities Commission] shall include the State Office of
Risk Management in all communication concerning fire hazards.
(b) The commissioner, the commissioner of the General Land
Office [Texas Facilities Commission], and the risk management board
shall make and each adopt by rule a memorandum of understanding that
coordinates the agency's duties under this section.
SECTION 4. Section 443.007(a), Government Code, is amended
to read as follows:
(a) The board shall:
(1) preserve, maintain, and restore the Capitol, the
General Land Office Building, the John H. Reagan Building, their
contents, and their grounds;
(2) define the buildings' grounds, except that the
grounds may not include another state office building;
(3) review and approve the executive director's annual
budget and work plan, the long-range master plan for the buildings
and their grounds, and the furnishings plan for placement and care
of objects under the care of the curator;
(4) approve all changes to the buildings and their
grounds, including usual maintenance and any transfers or loans of
objects under the curator of the Capitol's care;
(5) define and identify all significant aspects of the
buildings and their grounds;
(6) define and identify, with the curator of the
Capitol, all significant contents of the buildings and all
state-owned items of historical significance that were at one time
in the buildings; and
(7) maintain records relating to the construction and
development of the buildings, their contents, and their grounds,
including documents such as plans, specifications, photographs,
purchase orders, and other related documents, the original copies
of which shall be maintained by the Texas State Library and Archives
Commission.
SECTION 5. Section 466.104(b), Government Code, is amended
to read as follows:
(b) The comptroller may request assistance from the General
Land Office [Texas Facilities Commission] in performing its
facilities-related duties under this section.
SECTION 6. Section 571.061(a), Government Code, is amended
to read as follows:
(a) The commission shall administer and enforce:
(1) Chapters 302, 303, 305, 572, and 2004;
(2) Subchapter C, Chapter 159, Local Government Code,
in connection with a county judicial officer, as defined by Section
159.051, Local Government Code, who elects to file a financial
statement with the commission;
(3) Title 15, Election Code; and
(4) Section [Sections 2152.064 and] 2155.003.
SECTION 7. Section 571.091(a), Government Code, is amended
to read as follows:
(a) The commission shall prepare a written opinion
answering the request of a person subject to any of the following
laws for an opinion about the application of any of these laws to
the person in regard to a specified existing or hypothetical
factual situation:
(1) Chapter 302;
(2) Chapter 303;
(3) Chapter 305;
(4) Chapter 2004;
(5) Chapter 572;
(6) Subchapter C, Chapter 159, Local Government Code,
as provided by Section 571.061(a)(2);
(7) Title 15, Election Code;
(8) Chapter 36, Penal Code;
(9) Chapter 39, Penal Code; or
(10) [Section 2152.064; or
[(11)] Section 2155.003.
SECTION 8. Section 572.003(c), Government Code, is amended
to read as follows:
(c) The term means a member of:
(1) the Public Utility Commission of Texas;
(2) [the Texas Department of Economic Development;
[(3)] the Texas Commission on Environmental Quality;
(3) [(4)] the Texas Alcoholic Beverage Commission;
(4) [(5)] The Finance Commission of Texas;
(5) [(6) the Texas Facilities Commission;
[(7)] the Texas Board of Criminal Justice;
(6) [(8)] the board of trustees of the Employees
Retirement System of Texas;
(7) [(9)] the Texas Transportation Commission;
(8) [(10) the Texas Workers' Compensation Commission;
[(11)] the Texas Department of Insurance;
(9) [(12)] the Parks and Wildlife Commission;
(10) [(13)] the Public Safety Commission;
(11) [(14)] the Texas Ethics Commission;
(12) [(15)] the State Securities Board;
(13) [(16)] the Texas Water Development Board;
(14) [(17)] the governing board of a public senior
college or university as defined by Section 61.003, Education Code,
or of The University of Texas Southwestern Medical Center at
Dallas, The University of Texas Medical Branch at Galveston, The
University of Texas Health Science Center at Houston, The
University of Texas Health Science Center at San Antonio, The
University of Texas System M. D. Anderson Cancer Center, The
University of Texas Health Science Center at Tyler, University of
North Texas Health Science Center at Fort Worth, Texas Tech
University Health Sciences Center, Texas State Technical
College--Harlingen, Texas State Technical College--Marshall, Texas
State Technical College--Sweetwater, or Texas State Technical
College--Waco;
(15) [(18)] the Texas Higher Education Coordinating
Board;
(16) [(19)] the Texas Workforce Commission;
(17) [(21)] the board of trustees of the Teacher
Retirement System of Texas;
(18) [(22)] the Credit Union Commission;
(19) [(23)] the School Land Board;
(20) [(24)] the board of the Texas Department of
Housing and Community Affairs;
(21) [(25)] the Texas Racing Commission;
(22) [(26)] the State Board of Dental Examiners;
(23) [(27)] the Texas Medical [State] Board [of
Medical Examiners];
(24) [(28)] the Board of Pardons and Paroles;
(25) [(29)] the Texas State Board of Pharmacy;
(26) [(30)] the Department of Information Resources
governing board;
(27) [(31)] the Texas Department of Motor Vehicles
[Vehicle Board];
(28) [(32)] the Texas Real Estate Commission;
(29) [(33)] the board of directors of the State Bar of
Texas;
(30) [(34)] the bond review board;
(31) [(35)] the [Texas Board of] Health and Human
Services Commission;
(32) [(36) the Texas Board of Mental Health and Mental
Retardation;
[(37) the Texas Board on Aging;
[(38) the Texas Board of Human Services;
[(39)] the Texas Funeral Service Commission;
(33) [(40)] the board of directors of a river
authority created under the Texas Constitution or a statute of this
state; or
(34) [(41)] the Texas Lottery Commission.
SECTION 9. Section 659.301(5), Government Code, is amended
to read as follows:
(5) "State employee" means an individual who:
(A) is a commissioned law enforcement officer of
the Department of Public Safety, the General Land Office [Texas
Facilities Commission], the Texas Alcoholic Beverage Commission,
or the Texas Department of Criminal Justice;
(B) is a commissioned security officer of the
comptroller;
(C) is a law enforcement officer commissioned by
the Parks and Wildlife Commission;
(D) is a commissioned peace officer of an
institution of higher education;
(E) is an employee or official of the Board of
Pardons and Paroles or the parole division of the Texas Department
of Criminal Justice if the employee or official has routine direct
contact with inmates of any penal or correctional institution or
with administratively released prisoners subject to the board's
jurisdiction;
(F) has been certified to the Employees
Retirement System of Texas under Section 815.505 as having begun
employment as a law enforcement officer or custodial officer,
unless the individual has been certified to the system as having
ceased employment as a law enforcement officer or custodial
officer; or
(G) before May 29, 1987, received hazardous duty
pay based on the terms of any state law if the individual holds a
position designated under that law as eligible for the pay.
SECTION 10. Section 663.001(3), Government Code, is amended
to read as follows:
(3) "Commission" means the commissioner of the General
Land Office [Texas Facilities Commission].
SECTION 11. Section 2151.003, Government Code, is amended
to read as follows:
Sec. 2151.003. REFERENCE. A statutory reference to the
General Services Commission, the State Board of Control, the State
Purchasing and General Services Commission, or the Texas Building
and Procurement Commission means:
(1) the commissioner of the General Land Office [Texas
Facilities Commission] if the statutory reference concerns:
(A) charge and control of state buildings,
grounds, or property;
(B) maintenance or repair of state buildings,
grounds, or property;
(C) construction of a state building;
(D) purchase or lease of state buildings,
grounds, or property by or for the state;
(E) child care services for state employees under
Chapter 663; or
(F) surplus and salvage property; and
(2) the comptroller in all other circumstances, except
as otherwise provided by law.
SECTION 12. Section 2151.004(c), Government Code, is
amended to read as follows:
(c) The commissioner of the General Land Office [Texas
Facilities Commission] retains the powers and duties of the former
Texas Building and Procurement Commission relating to charge and
control of state buildings, grounds, or property, maintenance or
repair of state buildings, grounds, or property, child care
services for state employees under Chapter 663, surplus and salvage
property, construction of a state building, or purchase or lease of
state buildings, grounds, or property by or for the state.
SECTION 13. Section 2151.0041(c), Government Code, is
amended to read as follows:
(c) Unless otherwise provided by the legislature by law, on
September 1, 2013:
(1) the powers and duties transferred to the
comptroller under Section 2151.004(d) and under House Bill 3560,
Acts of the 80th Legislature, Regular Session, 2007, are
transferred to the commissioner of the General Land Office [Texas
Facilities Commission];
(2) a reference in law to the comptroller relating to a
power or duty transferred under this subsection means the
commissioner of the General Land Office [Texas Facilities
Commission];
(3) a rule or form adopted by the comptroller relating
to a power or duty transferred under this subsection is a rule or
form of the commissioner of the General Land Office [Texas
Facilities Commission] and remains in effect until altered by the
commissioner [commission];
(4) all obligations, contracts, proceedings, cases,
negotiations, funds, and employees of the comptroller relating to a
power or duty transferred under this subsection are transferred to
the commissioner of the General Land Office [Texas Facilities
Commission];
(5) all property and records in the custody of the
comptroller relating to a power or duty transferred under this
subsection and all funds appropriated by the legislature for
purposes related to a power or duty transferred under this
subsection are transferred to the commissioner of the General Land
Office [Texas Facilities Commission]; and
(6) Section 122.0011, Human Resources Code, and the
following provisions of the Government Code expire:
(A) Sections 2151.004(c) and (d);
(B) Section 2155.0011;
(C) Section 2155.086;
(D) Section 2155.087;
(E) Section 2156.0011;
(F) Section 2157.0011;
(G) Section 2158.0011;
(H) Section 2161.0011;
(I) Section 2163.0011;
(J) Section 2170.0011;
(K) Section 2171.0011;
(L) Section 2172.0011;
(M) Section 2176.0011; and
(N) Section 2262.0011.
SECTION 14. Section 2155.087(b), Government Code, is
amended to read as follows:
(b) The Statewide Procurement Advisory Council consists of
the following four members or their designees:
(1) one member appointed by the governor;
(2) one member appointed by the commissioner of the
General Land Office [Texas Facilities Commission];
(3) one member appointed by the Department of
Information Resources; and
(4) one member appointed by the Legislative Budget
Board.
SECTION 15. Section 2155.147(a), Government Code, is
amended to read as follows:
(a) The General Land Office is delegated all purchasing
functions under Subtitles A, B, C, D, and E, Title 2, Natural
Resources Code [relating to purchases under Section 33.603, Natural
Resources Code, including coastal erosion studies, demonstration
studies, and response projects].
SECTION 16. Section 2155.149(a), Government Code, is
amended to read as follows:
(a) The Veterans' Land Board is delegated all purchasing
functions under Title 7, Natural Resources Code [relating to
veterans homes and veterans cemeteries].
SECTION 17. Section 2162.051(a), Government Code, is
amended to read as follows:
(a) The State Council on Competitive Government consists of
the following individuals or the individuals they designate:
(1) the governor;
(2) the lieutenant governor;
(3) the comptroller;
(4) the speaker of the house of representatives;
(5) [the presiding officer of the Texas Facilities
Commission;
[(6)] the commissioner of the Texas Workforce
Commission representing labor; and
(6) [(7)] the land commissioner.
SECTION 18. Section 2165.0011, Government Code, is amended
to read as follows:
Sec. 2165.0011. DEFINITION. In this chapter, "commission"
means the commissioner of the General Land Office [Texas Facilities
Commission].
SECTION 19. Subchapter B, Chapter 2165, Government Code, is
amended by adding Section 2165.059 to read as follows:
Sec. 2165.059. STATE FACILITIES FUND. (a) The state
facilities fund is an account in the general revenue fund that may
be appropriated only to the commissioner of the General Land Office
for the purpose of implementing Chapters 2165, 2166, and 2167.
(b) The state facilities fund consists of:
(1) all money received from the lease of space to
public or private tenants under this chapter, except as provided by
Section 2165.156(2);
(2) all money received from the lease of space in
state-owned parking lots and garages under Section 2165.2035;
(3) all money received from the use or lease of public
buildings or grounds under Sections 2165.008 and 2165.151; and
(4) fines collected under Section 2165.058(e).
(c) Section 403.095 does not apply to the state facilities
fund.
(d) The commissioner may recover all amounts spent from an
account, other than the state facilities fund established under
Subsection (a), for advertising, management, and leasing expenses
incurred under this chapter from money described by Subsection (b)
before deposit into the fund.
SECTION 20. Section 2165.107, Government Code, is amended
to read as follows:
Sec. 2165.107. PREFERENCES IN ASSIGNING SPACE. (a) In
filling a request for space, the commissioner of the General Land
Office may, if economically feasible, [commission shall] give
preference to available state-owned space.
(b) In assigning office space in a state building financed
from bond proceeds, the commissioner may [commission shall] give
first priority to a state agency that is not funded from general
revenue.
SECTION 21. Section 2165.151, Government Code, is amended
to read as follows:
Sec. 2165.151. AUTHORITY TO LEASE PUBLIC GROUNDS. All
public grounds belonging to the state under the [commission's]
charge and control of the commissioner of the General Land Office
may be leased for any purpose [agricultural or commercial
purposes].
SECTION 22. Section 2165.153, Government Code, is amended
to read as follows:
Sec. 2165.153. ADVERTISEMENT OF LEASE PROPOSALS. The
commissioner of the General Land Office [commission] shall
advertise a lease proposal under this subchapter in the state
business daily or on the General Land Office's Internet website
[once a week for four consecutive weeks in at least two newspapers,
one of which is published in the municipality in which the property
is located or in the daily paper nearest to the property, and the
other of which has statewide circulation].
SECTION 23. Section 2165.156, Government Code, is amended
to read as follows:
Sec. 2165.156. DEPOSIT OF LEASE PROCEEDS. Money received
from a lease under this subchapter, minus the amount spent for
advertising, management, and leasing expenses, shall be deposited:
(1) in the general revenue fund [the state treasury]
to the credit of the state facilities [general revenue] fund; or
(2) if the land leased belongs to an eleemosynary
institution for which there is an appropriate special fund, to the
credit of the institution in the appropriate special fund.
SECTION 24. Section 2165.2035(d), Government Code, is
amended to read as follows:
(d) Money received from a lease under this program shall be
deposited in the general revenue fund to the credit of the state
facilities [general revenue] fund.
SECTION 25. Section 2165.206, Government Code, is amended
to read as follows:
Sec. 2165.206. LEASE OF SPACE FOR CHILD CARE FACILITY.
(a) The commissioner of the General Land Office may, if
economically feasible, lease space to [Providing a site for] a
child care facility in a state-owned building. A lease under this
section may not impact [has first priority over all other uses of a
building, except for the purposes essential to] the official
functions of the agencies housed in the building.
(b) If the commissioner [commission] allocates space for
the purpose of providing child care services for state employees,
the commissioner [commission] shall designate the use of the space
most appropriate for child care.
(c) Notwithstanding any other provision of this subtitle,
the commissioner may [commission shall] lease at a rate set by the
commissioner [commission] suitable space in state-owned buildings
to child care providers selected as provided by Chapter 663.
SECTION 26. Section 2165.208, Government Code, is amended
to read as follows:
Sec. 2165.208. UTILITIES AND CUSTODIAL SERVICES. [(a)] The
commissioner of the General Land Office [commission] may furnish
utilities and custodial services to a private tenant, including a
child care provider selected by the commissioner under Chapter 663,
at cost plus any management fees associated with procurement of
services.
[(b) The commission shall furnish utilities and custodial
services to a child care provider selected by the commission under
Chapter 663 at cost.]
SECTION 27. Section 2165.211, Government Code, is amended
to read as follows:
Sec. 2165.211. USE OF LEASE PROCEEDS. Money received from a
lease under this subchapter shall be deposited in the general
revenue fund to the credit of the state facilities fund [may be used
only for building and property services performed by the
commission].
SECTION 28. Section 2165.212, Government Code, is amended
by amending Subsections (a) and (c) and adding Subsection (d) to
read as follows:
(a) The commissioner of the General Land Office may
[commission shall] request the Department of Assistive and
Rehabilitative Services [Texas Commission for the Blind] to
determine under Section 94.003, Human Resources Code, whether it is
feasible to install a vending facility in a building in which the
commissioner [commission] intends to lease space to a private
tenant, other than a child care provider. If the installation of
the facility is feasible, the commissioner may give preference to
an operator licensed [commission shall permit the installation] in
accordance with Chapter 94, Human Resources Code.
(c) If the Department of Assistive and Rehabilitative
Services [Texas Commission for the Blind] determines that the
installation of a vending facility is not feasible, the
commissioner may, in determining allocation of space available for
lease, give preference [commission shall lease space] to at least
one private tenant whose activity in the building will be managed by
a blind person or by a person with a disability who is not blind.
(d) Notwithstanding any other provision, including Chapter
94, Human Resources Code, the commissioner may allow a private
vending facility to operate in a building under the commissioner's
charge and control if the commissioner finds that it is in the best
interest of the state.
SECTION 29. Section 2165.214, Government Code, is amended
to read as follows:
Sec. 2165.214. PREFERENCE IN LEASING TO CERTAIN EXISTING
VENDING FACILITIES. Notwithstanding the other provisions of this
subchapter or Chapters 2155, 2156, 2157, and 2158, the commissioner
of the General Land Office may [commission shall] give a
preference, when leasing space in a state-owned building for the
operation of a vending facility as defined by Chapter 94, Human
Resources Code, to an existing lessee, licensee, or contractor who
operates a vending facility on the property if:
(1) the existing lessee, licensee, or contractor has
operated a vending facility on the property for not less than 10
years;
(2) Chapter 94, Human Resources Code, does not apply
to the property;
(3) the commissioner [commission] finds there is a
history of quality and reliable service; and
(4) the proposal of the existing lessee, licensee, or
contractor for the right to continue operation of the facility is
consistent with the historical quality of service and the
historical retail pricing structure at the facility.
SECTION 30. Section 2165.252(b), Government Code, is
amended to read as follows:
(b) The commissioner of the General Land Office
[commission] may allocate space in buildings in the Texas Judicial
Complex only to:
(1) a court;
(2) a judicial agency;
(3) the attorney general's office;
(4) the Texas Department of Criminal Justice;
(5) the Texas Juvenile Justice Department [Youth
Commission];
(6) the Criminal Justice Policy Council;
(7) the State Commission on Judicial Conduct;
(8) the State Office of Administrative Hearings;
(9) the Board of Law Examiners;
(10) the Council on Sex Offender Treatment;
(11) building security;
(12) building maintenance; or
(13) a vending facility [operated under Chapter 94,
Human Resources Code].
SECTION 31. Section 2166.001(1), Government Code, is
amended to read as follows:
(1) "Commission" means the commissioner of the General
Land Office [Texas Facilities Commission].
SECTION 32. Section 2166.003(a), Government Code, is
amended to read as follows:
(a) Unless otherwise provided, this chapter does not apply
to:
(1) a project constructed by and for the Texas
Department of Transportation;
(2) a project constructed by and for a state
institution of higher education;
(3) a pen, shed, or ancillary building constructed by
and for the Department of Agriculture for the processing of
livestock before export;
(4) a project constructed by the Parks and Wildlife
Department;
(5) a repair or rehabilitation project, except a major
renovation, of buildings and grounds on the [commission] inventory
of the General Land Office;
(6) a repair and rehabilitation project of another
using agency, if all labor for the project is provided by the
regular maintenance force of the using agency under specific
legislative authorization and the project does not require the
advance preparation of working plans or drawings;
(7) a repair and rehabilitation project involving the
use of contract labor, if the project has been excluded from this
chapter by [commission] rule of the commissioner of the General
Land Office and does not require the advance preparation of working
plans or drawings;
(8) an action taken by the Texas Commission on
Environmental Quality under Subchapter F or I, Chapter 361, Health
and Safety Code;
(9) a repair, rehabilitation, or construction project
on property owned by the Texas Department of Housing and Community
Affairs or the Texas State Affordable Housing Corporation;
(10) a project constructed by and for the Veterans'
Land Board; [or]
(11) a project constructed by and for the Texas
Historical Commission; or
(12) a project constructed by and for the General Land
Office.
SECTION 33. The heading to Section 2166.006, Government
Code, is amended to read as follows:
Sec. 2166.006. LEGAL REPRESENTATION OF LAND COMMISSIONER
[COMMISSION].
SECTION 34. Section 2166.006(a), Government Code, is
amended to read as follows:
(a) The commissioner of the General Land Office may request
representation by the attorney general [shall represent the
commission] in legal matters.
SECTION 35. Section 2166.052, Government Code, is amended
by amending Subsections (a) and (c) and adding Subsection (a-1) to
read as follows:
(a) The commissioner of the General Land Office, with the
approval of the School Land Board [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; and
(3) sell or otherwise dispose of real property of the
state.
(a-1) The proceeds from the sale of real property of the
state under Subsection (a)(3) shall be deposited in the general
revenue fund to the credit of the state facilities fund. The
commissioner may recover all amounts spent from an account, other
than the state facilities fund, for management, acquisition, and
disposition expenses incurred from the sale proceeds before deposit
into the fund.
(c) The commissioner [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.
SECTION 36. Sections 2166.056(a), (b), and (d), Government
Code, are amended to read as follows:
(a) The commissioner of the General Land Office
[commission] may grant a permanent or temporary easement,
franchise, license, or right-of-way over and on the land of a state
agency on a project administered by the commissioner [commission]
or enter into a joint use agreement regarding the land if it is
necessary to ensure the efficient and expeditious construction,
improvement, renovation, use, or operation of a building or
facility of the project.
(b) The commissioner [commission shall submit an easement
or right-of-way that may extend beyond the period of construction
to the asset management division] of the General Land Office [for
written comment not later than the 30th day before the date it is
granted by the commission. The commission] may enter into a joint
use agreement or grant a franchise or license at the commissioner's
[commission's] discretion and for the period determined by the
commissioner [commission] if the commissioner [commission]
determines that the joint use agreement, franchise, or license is
in the best interests of the state and if adequate consideration is
received by the state under the agreement or under the terms of the
franchise or license.
(d) The commissioner [commission] shall approve all joint
use agreements, franchises, and licenses under this section by a
majority vote in an open meeting.
SECTION 37. Subchapter C, Chapter 2166, Government Code, is
amended by adding Section 2166.105 to read as follows:
Sec. 2166.105. STUDY TO ASSESS FUNCTIONS OF TEXAS
FACILITIES COMMISSION TRANSFERRED TO GENERAL LAND OFFICE. (a) The
General Land Office shall conduct a study of its functions under
this chapter and Chapters 2165 and 2167. The study must assess the
best allocation of state resources for:
(1) the acquisition and lease of state buildings;
(2) the construction of buildings owned by the state;
(3) the control and maintenance of buildings owned or
leased by the state; and
(4) all other related responsibilities performed by
the commissioner of the General Land Office.
(b) The study must consider the benefits to the state of
outsourcing any of the commissioner's functions to private entities
or of allocating those functions to other state agencies.
(c) The commissioner, not later than January 1, 2015, shall
report the findings and conclusions of the study to the legislature
and shall include any recommendations the commissioner considers
appropriate resulting from the study.
(d) This section expires January 1, 2016.
SECTION 38. Section 2166.202, Government Code, is amended
to read as follows:
Sec. 2166.202. SELECTION OF PRIVATE DESIGN PROFESSIONAL;
RULES. (a) The commissioner of the General Land Office
[commission] is responsible for selecting any private design
professional retained for a project subject to this chapter.
(b) The commissioner [commission, in consultation with the
Texas Board of Architectural Examiners and the Texas Board of
Professional Engineers,] shall adopt [by rule] criteria to evaluate
the competence and qualifications of a prospective private design
professional.
(c) The commissioner [commission] shall select a private
design professional in accordance with criteria [a rule] adopted
under this section [and the ethical standards of the professional
societies of architects and engineers].
SECTION 39. Section 2166.260, Government Code, is amended
to read as follows:
Sec. 2166.260. APPROVAL OF CERTAIN EXPENDITURES REQUIRED.
A state agency may not spend more than the amount authorized for the
cost of a project unless the governor and the Legislative Budget
Board approve the expenditure. Once the cost of a project reaches
the amount authorized for the project, each change to approved
project plans must be approved by the School Land [governor and the
Legislative Budget] Board.
SECTION 40. Section 2166.305, Government Code, is amended
to read as follows:
Sec. 2166.305. REVIEW OF UNIFORM GENERAL CONDITIONS. (a)
The commissioner of the General Land Office [commission] shall
[require a] review [of] the uniform general conditions of state
building construction contracts whenever the commissioner
[commission] considers review worthwhile, but not less frequently
than once every five years.
(b) In conducting the review under Subsection (a), the
commissioner may consult [A committee appointed by the commission
shall perform the review. The committee consists of]:
(1) [the director of facilities construction and space
management appointed under Section 2152.104, who serves as the
presiding officer of the committee;
[(2) six individuals appointed by the commission, one
each from the lists of nominees submitted respectively by the:
[(A) president of] the Texas Society of
Architects;
(2) [(B) president of] the Texas Society of
Professional Engineers;
(3) [(C) presiding officer of] the Executive Council
of the Texas Associated General Contractors Chapters;
(4) [(D) executive secretary of] the Mechanical
Contractors Associations of Texas, Incorporated;
(5) [(E) executive secretary of] the Texas Building
and Construction Trades Council; [and]
(6) [(F) president of] the Associated Builders and
Contractors of Texas;
(7) institutions [(3) one individual appointed by
the commission representing an institution] of higher education, as
defined by Section 61.003, Education Code;
(8) state agencies [(4) one individual appointed by
the commission representing a state agency] that have [has a]
substantial ongoing construction programs [program];
(9) [(5) one individual appointed by the commission
representing] the attorney general's office;
(10) [(6) one individual appointed by the commission
representing the interests of] historically underutilized
businesses; [and]
(11) [(7) two individuals appointed by the
commission, each representing a different] minority contractors
associations; and
(12) other interested parties [association].
(c) The commissioner shall publish proposed amendments to
the uniform general conditions of state building construction
contracts in the Texas Register for comment not later than the 45th
day before adoption of the amendments. [Members of the committee
serve without compensation but may be reimbursed for actual and
necessary expenses.]
SECTION 41. Section 2166.355(b), Government Code, is
amended to read as follows:
(b) The design professional or the design professional's
authorized representative shall:
(1) assist the commissioner of the General Land Office
[commission] in obtaining proposals from contractors and in
awarding and preparing construction contracts;
(2) be responsible for interpretation of the contract
documents and changes made to the contract documents;
(3) provide an interpretation of plans and
specifications as required during construction;
(4) check and approve samples, schedules, shop
drawings, and other submissions only for conformance with the
design concept of the project and for compliance with the
information in the contract documents;
(5) comment on and contribute to [approve or
disapprove] all change order requests, as required by the
commissioner [and, subject to Section 2166.257, prepare all change
orders];
(6) assemble all written guarantees required of the
contractors;
(7) make periodic visits to the project site to become
generally familiar with the progress and quality of the work and to
determine in general if the work is proceeding in accordance with
the contract documents;
(8) make a written inspection report after each visit
to the project site and send a copy of the report to the contractor
and the commissioner [commission];
(9) keep the commissioner [commission] informed of the
progress of the work and endeavor to guard against defects and
deficiencies in contractors' work;
(10) determine periodically the amount owing to the
contractors and recommend to the commissioner [commission] payment
of that amount; and
(11) conduct inspections to determine the dates of
substantial and final completion and notify the commissioner
[commission] and the using agency of the determination.
SECTION 42. Section 2166.453(b), Government Code, is
amended to read as follows:
(b) The commissioner of the General Land Office
[commission] may meet space needs of one or more state agencies that
are being met through leased space by purchasing or constructing
one or more buildings under this section. The purchase or
construction of a building may include the purchase of the
building's grounds and related improvements. The purchase or
construction of a building under this section must be:
(1) financed through bonds issued by the Texas Public
Finance Authority; and
(2) approved by the School Land Board [legislature if
it is in session or by the Legislative Budget Board if the
legislature is not in session].
SECTION 43. Section 2167.0011, Government Code, is amended
to read as follows:
Sec. 2167.0011. DEFINITION. In this chapter, "commission"
means the commissioner of the General Land Office [Texas Facilities
Commission].
SECTION 44. Section 2167.002, Government Code, is amended
to read as follows:
Sec. 2167.002. PREREQUISITES FOR LEASING SPACE. [(a)] The
commissioner of the General Land Office [commission] may lease
space for a state agency in accordance with this chapter and the
agency's specifications if[:
[(1) state-owned space is not otherwise available to
the agency; and
[(2)] the agency has verified it has money available
to pay for the lease.
[(b) In making a determination under this section that
state-owned space is not available to a state agency, the
commission must consider all reasonably available state-owned
space in this state, regardless of whether utilizing state-owned
space would require the agency to move all or part of the agency's
operations to a different geographic location in this state.]
SECTION 45. Section 2167.0021, Government Code, is amended
to read as follows:
Sec. 2167.0021. BEST INTEREST OF STATE [VALUE STANDARD] FOR
LEASE OF SPACE. (a) The commissioner of the General Land Office
may [commission shall] lease space for any purpose the commissioner
determines is in the best interest of [the use of a state agency on
the basis of obtaining the best value for] the state.
(b) [The commission shall adopt rules establishing
guidelines for the determination of best value in a lease
contract.] In determining the best interest of the state [value],
the commissioner [commission] may consider:
(1) the cost of the lease contract;
(2) the condition and location of lease space;
(3) utility costs;
(4) access to public transportation;
(5) parking availability;
(6) security;
(7) telephone service availability;
(8) indicators of probable lessor performance under
the contract, such as the lessor's financial resources and the
lessor's experience;
(9) compliance with the architectural barriers law,
Chapter 469 [Article 9102, Revised Statutes]; and
(10) other relevant factors.
(c) This section does not prohibit the commissioner
[commission] from leasing space from the offeror that offers the
space at the lowest cost if the commissioner [commission]
determines that doing so is in [obtains] the best interest of [value
for] the state.
SECTION 46. Sections 2167.053(a), (b), (c), and (d),
Government Code, are amended to read as follows:
(a) When space is leased through competitive bidding, the
commissioner of the General Land Office [commission] shall
determine the bid that is in the best interest of [provides the best
value for] the state after considering moving costs, the cost of
time lost in moving, the cost of telecommunications services, and
other relevant factors.
(b) The commissioner [commission] shall send to the leasing
state agency:
(1) a copy of all bids received; and
(2) the commissioner's [commission's] recommended
award.
(c) If, after review of the bids and evaluation of all
relevant factors, the leasing state agency's opinion is that the
bid selected by the commissioner [commission] is not the bid that is
in the best interest of [provides the best value for] the state, it
may file with the commissioner [commission] a written
recommendation that the award be made to a bidder other than the
commissioner's [commission's] recommended bidder. The leasing
state agency's recommendation must contain the agency's
justification for its recommendation and a complete explanation of
all factors it considered.
(d) The commissioner [commission] shall fully consider the
leasing state agency's recommendation in making an award to a
bidder [and, if it does not agree, shall notify the agency of its
disagreement in writing. The leasing state agency and the
commission shall attempt to agree on the award].
SECTION 47. Section 2167.054, Government Code, is amended
to read as follows:
Sec. 2167.054. LEASING SPACE THROUGH COMPETITIVE SEALED
PROPOSALS. (a) The commissioner of the General Land Office
[commission] may lease space using competitive sealed proposals.
(b) The commissioner [commission] shall solicit proposals
by publishing a notice of request for proposals [in]:
(1) in the state business daily [Texas Register]; or
[and]
(2) on the General Land Office's Internet website [a
newspaper of general circulation in the county in which the space is
to be leased].
(c) The commissioner [commission] shall open each proposal
in a manner that does not disclose the contents of the proposal
during the process of negotiating with competing offerors.
(d) As provided in a request for proposals and under rules
adopted by the commissioner [commission], the commissioner
[commission] may discuss acceptable or potentially acceptable
proposals with offerors to assess an offeror's ability to meet the
solicitation requirements and to obtain the most advantageous lease
contract for the state. The commissioner [commission] may invite a
leasing state agency to participate in discussions and negotiations
conducted under this section. After receiving a proposal but
before making an award, the commissioner [commission] may permit
the offeror to revise the proposal to obtain the best final
proposal.
(e) The commissioner [commission] may not disclose
information derived from proposals submitted from competing
offerors in conducting discussions under Subsection (d).
(f) The commissioner [commission] shall provide each
offeror whose proposal meets the minimum requirements in the
request for proposals a reasonable opportunity to discuss and
revise its proposal.
(g) The commissioner [commission] shall make a written
award of a lease to the offeror whose proposal is in [provides] the
best interest of [value for] the state, considering price and the
evaluation factors in the request for proposals. The commissioner
[commission] shall state in writing in the contract file the
reasons for which an award is made.
(h) The commissioner [commission] shall refuse all
proposals if the commissioner [it] determines that none of the
proposals is acceptable.
(i) If the competitive sealed proposal procedure for
leasing space is used by a state agency that has been delegated
leasing authority under Section 2167.005, the agency shall follow
the procedures outlined by this section and any rules adopted by the
commissioner [commission].
SECTION 48. Section 2167.102, Government Code, is amended
to read as follows:
Sec. 2167.102. REMEDIAL ACTION AGAINST LESSOR. (a) When a
state agency occupying leased space is aware of circumstances that
require remedial action against the lessor, the agency shall notify
the commissioner of the General Land Office [commission].
(b) The commissioner [commission] may investigate the
circumstances and the lessor's performance under the contract.
(c) The attorney general on the commissioner's
[commission's] request shall represent [assist] the commissioner
[commission] in protecting the state's interest under a lease
contract.
SECTION 49. Sections 2167.104(a), (c), (d), and (e),
Government Code, are amended to read as follows:
(a) Subject to restrictions imposed by a lease or other
enforceable contract, the commissioner of the General Land Office
[commission], at the request of the occupying agency, may [shall]
sublease part of a space leased under this chapter to a child care
provider for the operation of a child care facility.
(c) This section does not affect the duties of the
commissioner [commission] regarding child care facilities in
state-owned buildings and potential child care facility sites in
state-owned buildings under Chapter 663, 2165, or 2166.
(d) The occupying agency and the commissioner [commission]
may agree to:
(1) procedures relating to the selection of the child
care provider;
(2) granting some preference in enrollment to children
of officers and employees of the occupying state agency; and
(3) any other matter regarding the operation of the
child care facility.
(e) The commissioner may [commission shall] sublease space
under this section to a child care provider approved by the
commissioner [commission] under Chapter 663 at a rate set by the
commissioner [commission].
SECTION 50. Section 2175.001(1-a), Government Code, is
amended to read as follows:
(1-a) "Commission" means the commissioner of the
General Land Office [Texas Facilities Commission].
SECTION 51. Section 2175.189, Government Code, is amended
to read as follows:
Sec. 2175.189. ADVERTISEMENT OF SALE. If the value of an
item or a lot of property to be sold is estimated to be more than
$25,000, the commissioner of the General Land Office [commission]
shall advertise the sale at least once in the state business daily
or on the General Land Office's Internet website [at least one
newspaper of general circulation in the vicinity in which the
property is located].
SECTION 52. Section 2262.002, Government Code, is amended
by adding Subsection (c) to read as follows:
(c) This chapter does not apply to the Veterans' Land Board
or the General Land Office.
SECTION 53. Section 2262.004(d), Government Code, is
amended to read as follows:
(d) Notwithstanding Section 2262.001 or 2262.002, this
section applies to:
(1) an institution of higher education as defined by
Section 61.003, Education Code; [and]
(2) contracts of the Texas Department of
Transportation that relate to highway construction or highway
engineering; and
(3) the Veterans' Land Board and the General Land
Office.
SECTION 54. Section 2267.002, Government Code, as added by
Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, Regular
Session, 2011, is amended to read as follows:
Sec. 2267.002. APPLICABILITY OF CHAPTER TO GOVERNMENTAL
ENTITIES ENGAGED IN PUBLIC WORKS. This chapter applies to a public
work contract made by a governmental entity authorized by state law
to make a public work contract, including:
(1) a state agency as defined by Section 2151.002,
including the General Land Office [Texas Facilities Commission];
(2) a local government, including:
(A) a county;
(B) a municipality;
(C) a school district;
(D) any other special district or authority,
including a hospital district, a defense base development authority
established under Chapter 379B, Local Government Code, and a
conservation and reclamation district, including a river authority
or any other type of water district; and
(E) any other political subdivision of this
state;
(3) a public junior college as defined by Section
61.003, Education Code; and
(4) a board of trustees governed by Chapter 54,
Transportation Code.
SECTION 55. Section 2267.065(a), Government Code, is
amended to read as follows:
(a) Chapters 2155, 2156, and 2166, any interpretations,
rules, or guidelines of the comptroller and the commissioner of the
General Land Office [Texas Facilities Commission], and
interpretations, rules, or guidelines developed under Chapter 2262
do not apply to a qualifying project under this chapter.
SECTION 56. Section 2267.452(b), Government Code, is
amended to read as follows:
(b) This section does not apply to enforcement of a contract
entered into by a state agency. In this subsection, "state agency"
has the meaning assigned by Section 2151.002. The term includes the
General Land Office [Texas Facilities Commission].
SECTION 57. Section 3151.003, Government Code, is amended
to read as follows:
Sec. 3151.003. APPLICABILITY. This chapter does not apply
to:
(1) the construction, renovation, or equipment of the
Darrell K Royal-Texas Memorial Stadium or to improvements related
to the stadium, except that the height of the stadium or a related
improvement may not exceed 666 feet above sea level;
(2) the construction, redevelopment, or improvement
of 11th Street pursuant to the East 11th and 12th Streets
Redevelopment Program, except that the height of an improvement may
not exceed 600 feet above sea level; [or]
(3) the construction, redevelopment, or improvement
of Robert Mueller Municipal Airport under a redevelopment and reuse
plan for the airport adopted by the City of Austin; or
(4) the construction, redevelopment, or improvement
of a building or structure initiated by the General Land Office.
SECTION 58. Section 35.101, Utilities Code, is amended by
adding Subdivision (3) to read as follows:
(3) "State facility" means a state-owned building or
facility that is under the management of the commissioner.
SECTION 59. Section 35.104, Utilities Code, is amended to
read as follows:
Sec. 35.104. LIMIT IN CERTAIN AREAS. (a) Sections 35.102
and 35.103 do not apply to the rates, retail service area,
facilities, or public retail customers of a municipally owned
electric utility that has not adopted customer choice or an
electric cooperative that has not adopted customer choice. In a
certificated service area of an electric utility in which customer
choice has not been introduced, the state may not engage in retail
transactions that exceed 2.5 percent of a retail electric utility's
total retail load.
(b) The limitation on retail transactions under Subsection
(a) does not apply to a state facility provided electric service
under Section 35.107.
SECTION 60. Subchapter D, Chapter 35, Utilities Code, is
amended by adding Section 35.107 to read as follows:
Sec. 35.107. STATE-OWNED FACILITIES UNDER MANAGEMENT OF
GENERAL LAND OFFICE. (a) The commissioner, acting on behalf of the
state, may, under the State Energy Marketing Program and as
provided by Sections 35.101, 35.102, and 35.103, sell or otherwise
convey power or natural gas generated from royalties taken in kind
as provided by Sections 52.133(f), 53.026, and 53.077, Natural
Resources Code, directly to a state facility, including a state
facility in the certificated service area of a municipally owned
utility or an electric cooperative that has not adopted customer
choice.
(b) In providing electricity to a state facility under the
State Energy Marketing Program, the commissioner is entitled to
nondiscriminatory access to the transmission and distribution
system for the certificated service area in which the customer is
located, including the certificated service area of a municipally
owned utility or an electric cooperative that has not adopted
customer choice.
(c) A municipally owned utility or an electric cooperative
may continue to bill directly a state facility as provided by
Sections 40.057 and 41.057 for entities that have opted for
customer choice.
(d) If requested by the commissioner, metering and billing
services shall be performed by the transmission and distribution
utility, municipally owned utility, or electric cooperative in
whose certificated service area the state facility is located.
(e) The authority of the commissioner to provide
electricity to a state facility under this section does not
constitute the introduction of customer choice in the certificated
service area of a municipally owned utility or electric
cooperative.
SECTION 61. The following provisions of the Government Code
are repealed:
(1) Section 551.0726;
(2) Chapter 2152;
(3) Section 2155.147(c);
(4) Section 2165.155;
(5) Section 2165.2035(f);
(6) Sections 2165.205(a) and (c);
(7) Section 2165.212(b);
(8) Section 2165.215;
(9) Section 2166.052(b);
(10) Section 2166.056(c);
(11) Section 2166.152(e);
(12) Sections 2166.257(b), (c), (d), and (e);
(13) Section 2167.053(e); and
(14) Section 2167.104(f).
SECTION 62. (a) The Texas Facilities Commission is
abolished.
(b) The validity of an action taken by the Texas Facilities
Commission before it is abolished is not affected by the abolition.
SECTION 63. (a) All powers and duties of the Texas
Facilities Commission are transferred to the General Land Office.
(b) A rule, form, policy, procedure, or decision of the
Texas Facilities Commission continues in effect as a rule, form,
policy, procedure, or decision of the General Land Office until
superseded by an act of the land commissioner or the land
commissioner's designee.
(c) A court case, administrative proceeding, contract
negotiation, or other proceeding involving the Texas Facilities
Commission is transferred without change in status to the General
Land Office, and the General Land Office assumes, without a change
in status, the position of the Texas Facilities Commission in a
negotiation or proceeding to which the Texas Facilities Commission
is a party.
(d) All money, contracts, leases, rights, bonds, and
obligations of the Texas Facilities Commission are transferred to
the General Land Office.
(e) All personal property, including records, in the
custody of the Texas Facilities Commission becomes the property of
the General Land Office.
(f) All funds appropriated by the legislature to the Texas
Facilities Commission are transferred to the General Land Office.
SECTION 64. This Act takes effect September 1, 2013.