82R22450 MCK-D
By: Brown H.B. No. 1727
Substitute the following for H.B. No. 1727:
By: Callegari C.S.H.B. No. 1727
A BILL TO BE ENTITLED
AN ACT
relating to the sale and sale and leaseback of certain state
property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 2165, Government Code, is
amended by adding Section 2165.059 to read as follows:
Sec. 2165.059. SALE OR SALE AND LEASEBACK OF STATE
BUILDINGS AND LAND. (a) The commission, with assistance from the
asset management division of the General Land Office, shall study
the financial implications for the state of selling state buildings
and leasing office space for a period of 99 years.
(b) The commission, with assistance from the asset
management division of the General Land Office, shall identify
state buildings and underused or undeveloped land that could be
sold or sold and leased back from the purchaser by the state under
Section 31.151, Natural Resources Code. In making a determination
under this section, the commission shall consider:
(1) the state's current need for office space and the
projected need for office space;
(2) the potential uses for underused or undeveloped
land;
(3) the fair market value of the buildings or land;
(4) the current and projected lease costs;
(5) any property tax implications resulting from the
sale; and
(6) the terms of the leaseback agreement.
SECTION 2. Subchapter E, Chapter 31, Natural Resources
Code, is amended by adding Section 31.151 to read as follows:
Sec. 31.151. SALE OR SALE AND LEASEBACK OF STATE BUILDINGS
AND LAND. (a) If the commissioner determines that the sale of one
or more state buildings or parcels of underused or undeveloped land
identified by the Texas Facilities Commission under Section
2165.059, Government Code, is the best use of the building or land
for the state, the commissioner shall sell the building or land to
one or more purchasers.
(b) If the commissioner determines that the sale and
leaseback of one or more state buildings sold under Subsection (a)
is the most economical means of providing office space for the
state, the commissioner may agree to lease the buildings back to the
state under a long-term lease.
(c) Section 31.159 does not apply to a sale under this
section.
(d) The lieutenant governor, the speaker of the house of
representatives, and the governor shall appoint an oversight
committee to receive information about the identification of state
buildings and land under Section 2165.059, Government Code, and
sale or sale and leaseback transactions under this section. The
oversight committee consists of four senators appointed by the
lieutenant governor, four members of the house of representatives
appointed by the speaker of the house of representatives, and one
member of the public appointed by the governor. The public member
serves a term of six years. The committee shall report to the
lieutenant governor and the speaker of the house of representatives
on any building or land recommended for sale and make any
recommendations the committee determines are necessary. The
commissioner and the Texas Facilities Commission shall keep the
committee informed.
SECTION 3. (a) Not later than September 1, 2012, the Texas
Facilities Commission shall develop a list of state buildings and
underused or undeveloped land under Section 2165.059, Government
Code, as added by this Act, the sale or sale and leaseback of which
would raise revenue under Section 31.151, Natural Resources Code,
as added by this Act.
(b) The comptroller may group the buildings and land
identified under Subsection (a) of this section into packages that
would each raise approximately $500 million in revenue.
(c) The governor shall appoint the public member of the
oversight committee under Section 31.151(d), Natural Resources
Code, as added by this Act, for a term expiring February 1, 2017.
SECTION 4. This Act takes effect September 1, 2011.