Texas 2011 - 82nd Regular

Texas House Bill HB2373 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	82R23560 EAH-D
2	2	By: Gallego, Callegari, Oliveira, Cook H.B. No. 2373
3	3	Substitute the following for H.B. No. 2373:
4	4	By: Cook C.S.H.B. No. 2373
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to control over state facilities and to the abolition of
10	10	the Texas Facilities Commission and the transfer of its duties to
11	11	the General Land Office.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 443.007(a), Government Code, is amended
14	14	to read as follows:
15	15	(a) The board shall:
16	16	(1) preserve, maintain, and restore the Capitol, the
17	17	General Land Office Building, the John H. Reagan Building, their
18	18	contents, and their grounds;
19	19	(2) define the buildings' grounds, except that the
20	20	grounds may not include another state office building;
21	21	(3) review and approve the executive director's annual
22	22	budget and work plan, the long-range master plan for the buildings
23	23	and their grounds, and the furnishings plan for placement and care
24	24	of objects under the care of the curator;
25	25	(4) approve all changes to the buildings and their
26	26	grounds, including usual maintenance and any transfers or loans of
27	27	objects under the curator of the Capitol's care;
28	28	(5) define and identify all significant aspects of the
29	29	buildings and their grounds;
30	30	(6) define and identify, with the curator of the
31	31	Capitol, all significant contents of the buildings and all
32	32	state-owned items of historical significance that were at one time
33	33	in the buildings; and
34	34	(7) maintain records relating to the construction and
35	35	development of the buildings, their contents, and their grounds,
36	36	including documents such as plans, specifications, photographs,
37	37	purchase orders, and other related documents, the original copies
38	38	of which shall be maintained by the Texas State Library and Archives
39	39	Commission.
40	40	SECTION 2. Section 466.104(b), Government Code, is amended
41	41	to read as follows:
42	42	(b) The comptroller may request assistance from the General
43	43	Land Office [Texas Facilities Commission] in performing its
44	44	facilities-related duties under this section.
45	45	SECTION 3. Section 571.061(a), Government Code, is amended
46	46	to read as follows:
47	47	(a) The commission shall administer and enforce:
48	48	(1) Chapters 302, 303, 305, 572, and 2004;
49	49	(2) Subchapter C, Chapter 159, Local Government Code,
50	50	in connection with a county judicial officer, as defined by Section
51	51	159.051, Local Government Code, who elects to file a financial
52	52	statement with the commission;
53	53	(3) Title 15, Election Code; and
54	54	(4) Section [Sections 2152.064 and] 2155.003.
55	55	SECTION 4. Section 571.091(a), Government Code, is amended
56	56	to read as follows:
57	57	(a) The commission shall prepare a written opinion
58	58	answering the request of a person subject to any of the following
59	59	laws for an opinion about the application of any of these laws to
60	60	the person in regard to a specified existing or hypothetical
61	61	factual situation:
62	62	(1) Chapter 302;
63	63	(2) Chapter 303;
64	64	(3) Chapter 305;
65	65	(4) Chapter 2004;
66	66	(5) Chapter 572;
67	67	(6) Subchapter C, Chapter 159, Local Government Code,
68	68	as provided by Section 571.061(a)(2);
69	69	(7) Title 15, Election Code;
70	70	(8) Chapter 36, Penal Code;
71	71	(9) Chapter 39, Penal Code; or
72	72	(10) [Section 2152.064; or
73	73	[(11)] Section 2155.003.
74	74	SECTION 5. Section 572.003(c), Government Code, is amended
75	75	to read as follows:
76	76	(c) The term means a member of:
77	77	(1) the Public Utility Commission of Texas;
78	78	(2) the Texas Department of Economic Development;
79	79	(3) the Texas Commission on Environmental Quality;
80	80	(4) the Texas Alcoholic Beverage Commission;
81	81	(5) The Finance Commission of Texas;
82	82	(6) [the Texas Facilities Commission;
83	83	[(7)] the Texas Board of Criminal Justice;
84	84	(7) [(8)] the board of trustees of the Employees
85	85	Retirement System of Texas;
86	86	(8) [(9)] the Texas Transportation Commission;
87	87	(9) [(10) the Texas Workers' Compensation Commission;
88	88	[(11)] the Texas Department of Insurance;
89	89	(10) [(12)] the Parks and Wildlife Commission;
90	90	(11) [(13)] the Public Safety Commission;
91	91	(12) [(14)] the Texas Ethics Commission;
92	92	(13) [(15)] the State Securities Board;
93	93	(14) [(16)] the Texas Water Development Board;
94	94	(15) [(17)] the governing board of a public senior
95	95	college or university as defined by Section 61.003, Education Code,
96	96	or of The University of Texas Southwestern Medical Center at
97	97	Dallas, The University of Texas Medical Branch at Galveston, The
98	98	University of Texas Health Science Center at Houston, The
99	99	University of Texas Health Science Center at San Antonio, The
100	100	University of Texas System M. D. Anderson Cancer Center, The
101	101	University of Texas Health Science Center at Tyler, University of
102	102	North Texas Health Science Center at Fort Worth, Texas Tech
103	103	University Health Sciences Center, Texas State Technical
104	104	College--Harlingen, Texas State Technical College--Marshall, Texas
105	105	State Technical College--Sweetwater, or Texas State Technical
106	106	College--Waco;
107	107	(16) [(18)] the Texas Higher Education Coordinating
108	108	Board;
109	109	(17) [(19)] the Texas Workforce Commission;
110	110	(18) [(21)] the board of trustees of the Teacher
111	111	Retirement System of Texas;
112	112	(19) [(22)] the Credit Union Commission;
113	113	(20) [(23)] the School Land Board;
114	114	(21) [(24)] the board of the Texas Department of
115	115	Housing and Community Affairs;
116	116	(22) [(25)] the Texas Racing Commission;
117	117	(23) [(26)] the State Board of Dental Examiners;
118	118	(24) [(27)] the Texas Medical [State] Board [of
119	119	Medical Examiners];
120	120	(25) [(28)] the Board of Pardons and Paroles;
121	121	(26) [(29)] the Texas State Board of Pharmacy;
122	122	(27) [(30)] the Department of Information Resources
123	123	governing board;
124	124	(28) [(31)] the Motor Vehicle Board;
125	125	(29) [(32)] the Texas Real Estate Commission;
126	126	(30) [(33)] the board of directors of the State Bar of
127	127	Texas;
128	128	(31) [(34)] the bond review board;
129	129	(32) [(35)] the [Texas Board of] Health and Human
130	130	Services Commission;
131	131	(33) [(36) the Texas Board of Mental Health and Mental
132	132	Retardation;
133	133	[(37) the Texas Board on Aging;
134	134	[(38) the Texas Board of Human Services;
135	135	[(39)] the Texas Funeral Service Commission;
136	136	(34) [(40)] the board of directors of a river
137	137	authority created under the Texas Constitution or a statute of this
138	138	state; or
139	139	(35) [(41)] the Texas Lottery Commission.
140	140	SECTION 6. Section 659.301(5), Government Code, is amended
141	141	to read as follows:
142	142	(5) "State employee" means an individual who:
143	143	(A) is a commissioned law enforcement officer of
144	144	the Department of Public Safety, the General Land Office [Texas
145	145	Facilities Commission], the Texas Alcoholic Beverage Commission,
146	146	or the Texas Department of Criminal Justice;
147	147	(B) is a commissioned security officer of the
148	148	comptroller;
149	149	(C) is a law enforcement officer commissioned by
150	150	the Parks and Wildlife Commission;
151	151	(D) is a commissioned peace officer of an
152	152	institution of higher education;
153	153	(E) is an employee or official of the Board of
154	154	Pardons and Paroles or the parole division of the Texas Department
155	155	of Criminal Justice if the employee or official has routine direct
156	156	contact with inmates of any penal or correctional institution or
157	157	with administratively released prisoners subject to the board's
158	158	jurisdiction;
159	159	(F) has been certified to the Employees
160	160	Retirement System of Texas under Section 815.505 as having begun
161	161	employment as a law enforcement officer or custodial officer,
162	162	unless the individual has been certified to the system as having
163	163	ceased employment as a law enforcement officer or custodial
164	164	officer; or
165	165	(G) before May 29, 1987, received hazardous duty
166	166	pay based on the terms of any state law if the individual holds a
167	167	position designated under that law as eligible for the pay.
168	168	SECTION 7. Section 663.001(3), Government Code, is amended
169	169	to read as follows:
170	170	(3) "Commission" means the commissioner of the General
171	171	Land Office [Texas Facilities Commission].
172	172	SECTION 8. Section 2151.003, Government Code, is amended to
173	173	read as follows:
174	174	Sec. 2151.003. REFERENCE. A statutory reference to the
175	175	General Services Commission, the State Board of Control, the State
176	176	Purchasing and General Services Commission, or the Texas Building
177	177	and Procurement Commission means:
178	178	(1) the commissioner of the General Land Office [Texas
179	179	Facilities Commission] if the statutory reference concerns:
180	180	(A) charge and control of state buildings,
181	181	grounds, or property;
182	182	(B) maintenance or repair of state buildings,
183	183	grounds, or property;
184	184	(C) construction of a state building;
185	185	(D) purchase or lease of state buildings,
186	186	grounds, or property by or for the state;
187	187	(E) child care services for state employees under
188	188	Chapter 663; or
189	189	(F) surplus and salvage property; and
190	190	(2) the comptroller in all other circumstances, except
191	191	as otherwise provided by law.
192	192	SECTION 9. Section 2151.004(c), Government Code, is amended
193	193	to read as follows:
194	194	(c) The commissioner of the General Land Office [Texas
195	195	Facilities Commission] retains the powers and duties of the former
196	196	Texas Building and Procurement Commission relating to charge and
197	197	control of state buildings, grounds, or property, maintenance or
198	198	repair of state buildings, grounds, or property, child care
199	199	services for state employees under Chapter 663, surplus and salvage
200	200	property, construction of a state building, or purchase or lease of
201	201	state buildings, grounds, or property by or for the state.
202	202	SECTION 10. Section 2151.0041(c), Government Code, is
203	203	amended to read as follows:
204	204	(c) Unless otherwise provided by the legislature by law, on
205	205	September 1, 2013:
206	206	(1) the powers and duties transferred to the
207	207	comptroller under Section 2151.004(d) and under House Bill 3560,
208	208	Acts of the 80th Legislature, Regular Session, 2007, are
209	209	transferred to the commissioner of the General Land Office [Texas
210	210	Facilities Commission];
211	211	(2) a reference in law to the comptroller relating to a
212	212	power or duty transferred under this subsection means the
213	213	commissioner of the General Land Office [Texas Facilities
214	214	Commission];
215	215	(3) a rule or form adopted by the comptroller relating
216	216	to a power or duty transferred under this subsection is a rule or
217	217	form of the commissioner of the General Land Office [Texas
218	218	Facilities Commission] and remains in effect until altered by the
219	219	commission;
220	220	(4) all obligations, contracts, proceedings, cases,
221	221	negotiations, funds, and employees of the comptroller relating to a
222	222	power or duty transferred under this subsection are transferred to
223	223	the commissioner of the General Land Office [Texas Facilities
224	224	Commission];
225	225	(5) all property and records in the custody of the
226	226	comptroller relating to a power or duty transferred under this
227	227	subsection and all funds appropriated by the legislature for
228	228	purposes related to a power or duty transferred under this
229	229	subsection are transferred to the commissioner of the General Land
230	230	Office [Texas Facilities Commission]; and
231	231	(6) Section 122.0011, Human Resources Code, and the
232	232	following provisions of the Government Code expire:
233	233	(A) Sections 2151.004(c) and (d);
234	234	(B) Section 2155.0011;
235	235	(C) Section 2155.086;
236	236	(D) Section 2155.087;
237	237	(E) Section 2156.0011;
238	238	(F) Section 2157.0011;
239	239	(G) Section 2158.0011;
240	240	(H) Section 2161.0011;
241	241	(I) Section 2163.0011;
242	242	(J) Section 2170.0011;
243	243	(K) Section 2171.0011;
244	244	(L) Section 2172.0011;
245	245	(M) Section 2176.0011; and
246	246	(N) Section 2262.0011.
247	247	SECTION 11. Section 2155.087(b), Government Code, is
248	248	amended to read as follows:
249	249	(b) The Statewide Procurement Advisory Council consists of
250	250	the following four members or their designees:
251	251	(1) one member appointed by the governor;
252	252	(2) one member appointed by the commissioner of the
253	253	General Land Office [Texas Facilities Commission];
254	254	(3) one member appointed by the Department of
255	255	Information Resources; and
256	256	(4) one member appointed by the Legislative Budget
257	257	Board.
258	258	SECTION 12. Section 2155.147(a), Government Code, is
259	259	amended to read as follows:
260	260	(a) The General Land Office is delegated all purchasing
261	261	functions under Subtitles A, B, C, D, and E, Title 2, Natural
262	262	Resources Code [relating to purchases under Section 33.603, Natural
263	263	Resources Code, including coastal erosion studies, demonstration
264	264	studies, and response projects].
265	265	SECTION 13. Section 2155.149(a), Government Code, is
266	266	amended to read as follows:
267	267	(a) The Veterans' Land Board is delegated all purchasing
268	268	functions under Title 7, Natural Resources Code [relating to
269	269	veterans homes and veterans cemeteries].
270	270	SECTION 14. Section 2162.051(a), Government Code, is
271	271	amended to read as follows:
272	272	(a) The State Council on Competitive Government consists of
273	273	the following individuals or the individuals they designate:
274	274	(1) the governor;
275	275	(2) the lieutenant governor;
276	276	(3) the comptroller;
277	277	(4) the speaker of the house of representatives;
278	278	(5) [the presiding officer of the Texas Facilities
279	279	Commission;
280	280	[(6)] the commissioner of the Texas Workforce
281	281	Commission representing labor; and
282	282	(6) [(7)] the land commissioner.
283	283	SECTION 15. Section 2165.0011, Government Code, is amended
284	284	to read as follows:
285	285	Sec. 2165.0011. DEFINITION. In this chapter, "commission"
286	286	means the commissioner of the General Land Office [Texas Facilities
287	287	Commission].
288	288	SECTION 16. Subchapter B, Chapter 2165, Government Code, is
289	289	amended by adding Section 2165.059 to read as follows:
290	290	Sec. 2165.059. STATE FACILITIES FUND. (a) The state
291	291	facilities fund is an account in the general revenue fund that may
292	292	be appropriated only to the commissioner of the General Land Office
293	293	for the purpose of implementing Chapters 2165, 2166, and 2167.
294	294	(b) The state facilities fund consists of:
295	295	(1) all money received from the lease of space to
296	296	public or private tenants under this chapter, except as provided by
297	297	Section 2165.156(2);
298	298	(2) all money received from the lease of space in
299	299	state-owned parking lots and garages under Section 2165.2035;
300	300	(3) all money received from the use or lease of public
301	301	buildings or grounds under Sections 2165.008 and 2165.151; and
302	302	(4) fines collected under Section 2165.058(e).
303	303	(c) Section 403.095 does not apply to the state facilities
304	304	fund.
305	305	(d) The commissioner may recover all amounts spent from an
306	306	account, other than the state facilities fund established under
307	307	Subsection (a), for advertising, management, and leasing expenses
308	308	incurred under this chapter from money described by Subsection (b)
309	309	before deposit into the fund.
310	310	SECTION 17. Section 2165.107, Government Code, is amended
311	311	to read as follows:
312	312	Sec. 2165.107. PREFERENCES IN ASSIGNING SPACE. (a) In
313	313	filling a request for space, the commissioner of the General Land
314	314	Office may, if economically feasible, [commission shall] give
315	315	preference to available state-owned space.
316	316	(b) In assigning office space in a state building financed
317	317	from bond proceeds, the commissioner may [commission shall] give
318	318	first priority to a state agency that is not funded from general
319	319	revenue.
320	320	SECTION 18. Section 2165.151, Government Code, is amended
321	321	to read as follows:
322	322	Sec. 2165.151. AUTHORITY TO LEASE PUBLIC GROUNDS. All
323	323	public grounds belonging to the state under the [commission's]
324	324	charge and control of the commissioner of the General Land Office
325	325	may be leased for any purpose [agricultural or commercial
326	326	purposes].
327	327	SECTION 19. Section 2165.153, Government Code, is amended
328	328	to read as follows:
329	329	Sec. 2165.153. ADVERTISEMENT OF LEASE PROPOSALS. The
330	330	commissioner of the General Land Office [commission] shall
331	331	advertise a lease proposal under this subchapter in the state
332	332	business daily or on the General Land Office's Internet website
333	333	[once a week for four consecutive weeks in at least two newspapers,
334	334	one of which is published in the municipality in which the property
335	335	is located or in the daily paper nearest to the property, and the
336	336	other of which has statewide circulation].
337	337	SECTION 20. Section 2165.156, Government Code, is amended
338	338	to read as follows:
339	339	Sec. 2165.156. DEPOSIT OF LEASE PROCEEDS. Money received
340	340	from a lease under this subchapter, minus the amount spent for
341	341	advertising, management, and leasing expenses, shall be deposited:
342	342	(1) in the general revenue fund [the state treasury]
343	343	to the credit of the state facilities [general revenue] fund; or
344	344	(2) if the land leased belongs to an eleemosynary
345	345	institution for which there is an appropriate special fund, to the
346	346	credit of the institution in the appropriate special fund.
347	347	SECTION 21. Section 2165.2035(d), Government Code, is
348	348	amended to read as follows:
349	349	(d) Money received from a lease under this program shall be
350	350	deposited in the general revenue fund to the credit of the state
351	351	facilities [general revenue] fund.
352	352	SECTION 22. Section 2165.206, Government Code, is amended
353	353	to read as follows:
354	354	Sec. 2165.206. LEASE OF SPACE FOR CHILD CARE FACILITY.
355	355	(a) The commissioner of the General Land Office may, if
356	356	economically feasible, lease space to [Providing a site for] a
357	357	child care facility in a state-owned building. A lease under this
358	358	section may not impact [has first priority over all other uses of a
359	359	building, except for the purposes essential to] the official
360	360	functions of the agencies housed in the building.
361	361	(b) If the commissioner [commission] allocates space for
362	362	the purpose of providing child care services for state employees,
363	363	the commissioner [commission] shall designate the use of the space
364	364	most appropriate for child care.
365	365	(c) Notwithstanding any other provision of this subtitle,
366	366	the commissioner may [commission shall] lease at a rate set by the
367	367	commissioner [commission] suitable space in state-owned buildings
368	368	to child care providers selected as provided by Chapter 663.
369	369	SECTION 23. Section 2165.208, Government Code, is amended
370	370	to read as follows:
371	371	Sec. 2165.208. UTILITIES AND CUSTODIAL SERVICES. [(a)] The
372	372	commissioner of the General Land Office [commission] may furnish
373	373	utilities and custodial services to a private tenant, including a
374	374	child care provider selected by the commissioner under Chapter 663,
375	375	at cost plus any management fees associated with procurement of
376	376	services.
377	377	[(b) The commission shall furnish utilities and custodial
378	378	services to a child care provider selected by the commission under
379	379	Chapter 663 at cost.]
380	380	SECTION 24. Section 2165.211, Government Code, is amended
381	381	to read as follows:
382	382	Sec. 2165.211. USE OF LEASE PROCEEDS. Money received from a
383	383	lease under this subchapter shall be deposited in the general
384	384	revenue fund to the credit of the state facilities fund [may be used
385	385	only for building and property services performed by the
386	386	commission].
387	387	SECTION 25. Section 2165.212, Government Code, is amended
388	388	by amending Subsections (a) and (c) and adding Subsection (d) to
389	389	read as follows:
390	390	(a) The commissioner of the General Land Office may
391	391	[commission shall] request the Department of Assistive and
392	392	Rehabilitative Services [Texas Commission for the Blind] to
393	393	determine under Section 94.003, Human Resources Code, whether it is
394	394	feasible to install a vending facility in a building in which the
395	395	commissioner [commission] intends to lease space to a private
396	396	tenant, other than a child care provider. If the installation of
397	397	the facility is feasible, the commissioner may give preference to
398	398	an operator licensed [commission shall permit the installation] in
399	399	accordance with Chapter 94, Human Resources Code.
400	400	(c) If the Department of Assistive and Rehabilitative
401	401	Services [Texas Commission for the Blind] determines that the
402	402	installation of a vending facility is not feasible, the
403	403	commissioner may, in determining allocation of space available for
404	404	lease, give preference [commission shall lease space] to at least
405	405	one private tenant whose activity in the building will be managed by
406	406	a blind person or by a person with a disability who is not blind.
407	407	(d) Notwithstanding any other provision, including Chapter
408	408	94, Human Resources Code, the commissioner may allow a private
409	409	vending facility to operate in a building under the commissioner's
410	410	charge and control if the commissioner finds that it is in the best
411	411	interest of the state.
412	412	SECTION 26. Section 2165.214, Government Code, is amended
413	413	to read as follows:
414	414	Sec. 2165.214. PREFERENCE IN LEASING TO CERTAIN EXISTING
415	415	VENDING FACILITIES. Notwithstanding the other provisions of this
416	416	subchapter or Chapters 2155, 2156, 2157, and 2158, the commissioner
417	417	of the General Land Office may [commission shall] give a
418	418	preference, when leasing space in a state-owned building for the
419	419	operation of a vending facility as defined by Chapter 94, Human
420	420	Resources Code, to an existing lessee, licensee, or contractor who
421	421	operates a vending facility on the property if:
422	422	(1) the existing lessee, licensee, or contractor has
423	423	operated a vending facility on the property for not less than 10
424	424	years;
425	425	(2) Chapter 94, Human Resources Code, does not apply
426	426	to the property;
427	427	(3) the commissioner [commission] finds there is a
428	428	history of quality and reliable service; and
429	429	(4) the proposal of the existing lessee, licensee, or
430	430	contractor for the right to continue operation of the facility is
431	431	consistent with the historical quality of service and the
432	432	historical retail pricing structure at the facility.
433	433	SECTION 27. Section 2165.252(b), Government Code, is
434	434	amended to read as follows:
435	435	(b) The commissioner of the General Land Office
436	436	[commission] may allocate space in buildings in the Texas Judicial
437	437	Complex only to:
438	438	(1) a court;
439	439	(2) a judicial agency;
440	440	(3) the attorney general's office;
441	441	(4) the Texas Department of Criminal Justice;
442	442	(5) the Texas Youth Commission;
443	443	(6) the Criminal Justice Policy Council;
444	444	(7) the State Commission on Judicial Conduct;
445	445	(8) the State Office of Administrative Hearings;
446	446	(9) the Board of Law Examiners;
447	447	(10) the Council on Sex Offender Treatment;
448	448	(11) building security;
449	449	(12) building maintenance; or
450	450	(13) a vending facility [operated under Chapter 94,
451	451	Human Resources Code].
452	452	SECTION 28. Section 2166.001(1), Government Code, is
453	453	amended to read as follows:
454	454	(1) "Commission" means the commissioner of the General
455	455	Land Office [Texas Facilities Commission].
456	456	SECTION 29. Section 2166.003(a), Government Code, is
457	457	amended to read as follows:
458	458	(a) Unless otherwise provided, this chapter does not apply
459	459	to:
460	460	(1) a project constructed by and for the Texas
461	461	Department of Transportation;
462	462	(2) a project constructed by and for a state
463	463	institution of higher education;
464	464	(3) a pen, shed, or ancillary building constructed by
465	465	and for the Department of Agriculture for the processing of
466	466	livestock before export;
467	467	(4) a project constructed by the Parks and Wildlife
468	468	Department;
469	469	(5) a repair or rehabilitation project, except a major
470	470	renovation, of buildings and grounds on the commission inventory;
471	471	(6) a repair and rehabilitation project of another
472	472	using agency, if all labor for the project is provided by the
473	473	regular maintenance force of the using agency under specific
474	474	legislative authorization and the project does not require the
475	475	advance preparation of working plans or drawings;
476	476	(7) a repair and rehabilitation project involving the
477	477	use of contract labor, if the project has been excluded from this
478	478	chapter by commission rule and does not require the advance
479	479	preparation of working plans or drawings;
480	480	(8) an action taken by the Texas Commission on
481	481	Environmental Quality under Subchapter F or I, Chapter 361, Health
482	482	and Safety Code;
483	483	(9) a repair, rehabilitation, or construction project
484	484	on property owned by the Texas Department of Housing and Community
485	485	Affairs or the Texas State Affordable Housing Corporation; [or]
486	486	(10) a project constructed by and for the Veterans'
487	487	Land Board; or
488	488	(11) a project constructed by and for the General Land
489	489	Office.
490	490	SECTION 30. The heading to Section 2166.006, Government
491	491	Code, is amended to read as follows:
492	492	Sec. 2166.006. LEGAL REPRESENTATION OF LAND COMMISSIONER
493	493	[COMMISSION].
494	494	SECTION 31. Section 2166.006(a), Government Code, is
495	495	amended to read as follows:
496	496	(a) The commissioner of the General Land Office may request
497	497	representation by the attorney general [shall represent the
498	498	commission] in legal matters.
499	499	SECTION 32. Section 2166.052, Government Code, is amended
500	500	by amending Subsections (a) and (c) and adding Subsection (a-1) to
501	501	read as follows:
502	502	(a) The commissioner of the General Land Office, with the
503	503	approval of the School Land Board [commission, as provided by law
504	504	and by legislative appropriation], may:
505	505	(1) acquire necessary real and personal property and
506	506	modernize, remodel, build, or equip buildings for state purposes;
507	507	[and]
508	508	(2) contract as necessary to accomplish these
509	509	purposes; and
510	510	(3) sell or otherwise dispose of real property of the
511	511	state.
512	512	(a-1) The proceeds from the sale of real property of the
513	513	state under Subsection (a)(3) shall be deposited in the general
514	514	revenue fund to the credit of the state facilities fund. The
515	515	commissioner may recover all amounts spent from an account, other
516	516	than the state facilities fund, for management, acquisition, and
517	517	disposition expenses incurred from the sale proceeds before deposit
518	518	into the fund.
519	519	(c) The commissioner [commission] may enter into a contract
520	520	with the City of Austin to govern the transfer, sale, or exchange of
521	521	real property and interests in real property, including the
522	522	vacation of street rights-of-way, easements, and other interests,
523	523	as necessary or advantageous to both parties. The agreement may
524	524	provide for the transfer, sale, or exchange by one party in favor of
525	525	the other for a reasonable value established by the parties and may
526	526	provide for a transfer, sale, or exchange to be credited against
527	527	future property or interests to be transferred, sold, or exchanged
528	528	between the parties. Section 272.001, Local Government Code, does
529	529	not apply to a transaction governed by this section.
530	530	SECTION 33. Sections 2166.056(a), (b), and (d), Government
531	531	Code, are amended to read as follows:
532	532	(a) The commissioner of the General Land Office
533	533	[commission] may grant a permanent or temporary easement,
534	534	franchise, license, or right-of-way over and on the land of a state
535	535	agency on a project administered by the commissioner [commission]
536	536	or enter into a joint use agreement regarding the land if it is
537	537	necessary to ensure the efficient and expeditious construction,
538	538	improvement, renovation, use, or operation of a building or
539	539	facility of the project.
540	540	(b) The commissioner [commission shall submit an easement
541	541	or right-of-way that may extend beyond the period of construction
542	542	to the asset management division] of the General Land Office [for
543	543	written comment not later than the 30th day before the date it is
544	544	granted by the commission. The commission] may enter into a joint
545	545	use agreement or grant a franchise or license at the commissioner's
546	546	[commission's] discretion and for the period determined by the
547	547	commissioner [commission] if the commissioner [commission]
548	548	determines that the joint use agreement, franchise, or license is
549	549	in the best interests of the state and if adequate consideration is
550	550	received by the state under the agreement or under the terms of the
551	551	franchise or license.
552	552	(d) The commissioner [commission] shall approve all joint
553	553	use agreements, franchises, and licenses under this section by a
554	554	majority vote in an open meeting.
555	555	SECTION 34. Subchapter C, Chapter 2166, Government Code, is
556	556	amended by adding Section 2166.105 to read as follows:
557	557	Sec. 2166.105. STUDY TO ASSESS FUNCTIONS OF TEXAS
558	558	FACILITIES COMMISSION TRANSFERRED TO GENERAL LAND OFFICE. (a) The
559	559	General Land Office shall conduct a study of its functions under
560	560	this chapter and Chapters 2165 and 2167. The study must assess the
561	561	best allocation of state resources for:
562	562	(1) the acquisition and lease of state buildings;
563	563	(2) the construction of buildings owned by the state;
564	564	(3) the control and maintenance of buildings owned or
565	565	leased by the state; and
566	566	(4) all other related responsibilities performed by
567	567	the commissioner of the General Land Office.
568	568	(b) The study must consider the benefits to the state of
569	569	outsourcing any of the commissioner's functions to private entities
570	570	or of allocating those functions to other state agencies.
571	571	(c) The commissioner, not later than January 1, 2013, shall
572	572	report the findings and conclusions of the study to the legislature
573	573	and shall include any recommendations the commissioner considers
574	574	appropriate resulting from the study.
575	575	(d) This section expires January 1, 2014.
576	576	SECTION 35. Section 2166.202, Government Code, is amended
577	577	to read as follows:
578	578	Sec. 2166.202. SELECTION OF PRIVATE DESIGN PROFESSIONAL;
579	579	RULES. (a) The commissioner of the General Land Office
580	580	[commission] is responsible for selecting any private design
581	581	professional retained for a project subject to this chapter.
582	582	(b) The commissioner [commission, in consultation with the
583	583	Texas Board of Architectural Examiners and the Texas Board of
584	584	Professional Engineers,] shall adopt [by rule] criteria to evaluate
585	585	the competence and qualifications of a prospective private design
586	586	professional.
587	587	(c) The commissioner [commission] shall select a private
588	588	design professional in accordance with criteria [a rule] adopted
589	589	under this section [and the ethical standards of the professional
590	590	societies of architects and engineers].
591	591	SECTION 36. Section 2166.260, Government Code, is amended
592	592	to read as follows:
593	593	Sec. 2166.260. APPROVAL OF CERTAIN EXPENDITURES REQUIRED.
594	594	A state agency may not spend more than the amount authorized for the
595	595	cost of a project unless the governor and the Legislative Budget
596	596	Board approve the expenditure. Once the cost of a project reaches
597	597	the amount authorized for the project, each change to approved
598	598	project plans must be approved by the School Land [governor and the
599	599	Legislative Budget] Board.
600	600	SECTION 37. Section 2166.305, Government Code, is amended
601	601	to read as follows:
602	602	Sec. 2166.305. REVIEW OF UNIFORM GENERAL CONDITIONS. (a)
603	603	The commissioner of the General Land Office [commission] shall
604	604	[require a] review [of] the uniform general conditions of state
605	605	building construction contracts whenever the commissioner
606	606	[commission] considers review worthwhile, but not less frequently
607	607	than once every five years.
608	608	(b) In conducting the review under Subsection (a), the
609	609	commissioner may consult [A committee appointed by the commission
610	610	shall perform the review. The committee consists of]:
611	611	(1) [the director of facilities construction and space
612	612	management appointed under Section 2152.104, who serves as the
613	613	presiding officer of the committee;
614	614	[(2) six individuals appointed by the commission, one
615	615	each from the lists of nominees submitted respectively by the:
616	616	[(A) president of] the Texas Society of
617	617	Architects;
618	618	(2) [(B) president of] the Texas Society of
619	619	Professional Engineers;
620	620	(3) [(C) presiding officer of] the Executive Council
621	621	of the Texas Associated General Contractors Chapters;
622	622	(4) [(D) executive secretary of] the Mechanical
623	623	Contractors Associations of Texas, Incorporated;
624	624	(5) [(E) executive secretary of] the Texas Building
625	625	and Construction Trades Council; [and]
626	626	(6) [(F) president of] the Associated Builders and
627	627	Contractors of Texas;
628	628	(7) institutions [(3) one individual appointed by
629	629	the commission representing an institution] of higher education, as
630	630	defined by Section 61.003, Education Code;
631	631	(8) state agencies [(4) one individual appointed by
632	632	the commission representing a state agency] that have [has a]
633	633	substantial ongoing construction programs [program];
634	634	(9) [(5) one individual appointed by the commission
635	635	representing] the attorney general's office;
636	636	(10) [(6) one individual appointed by the commission
637	637	representing the interests of] historically underutilized
638	638	businesses; [and]
639	639	(11) [(7) two individuals appointed by the
640	640	commission, each representing a different] minority contractors
641	641	associations; and
642	642	(12) other interested parties [association].
643	643	(c) The commissioner shall publish proposed amendments to
644	644	the uniform general conditions of state building construction
645	645	contracts in the Texas Register for comment not later than the 45th
646	646	day before adoption of the amendments. [Members of the committee
647	647	serve without compensation but may be reimbursed for actual and
648	648	necessary expenses.]
649	649	SECTION 38. Section 2166.355(b), Government Code, is
650	650	amended to read as follows:
651	651	(b) The design professional or the design professional's
652	652	authorized representative shall:
653	653	(1) assist the commissioner of the General Land Office
654	654	[commission] in obtaining proposals from contractors and in
655	655	awarding and preparing construction contracts;
656	656	(2) be responsible for interpretation of the contract
657	657	documents and changes made to the contract documents;
658	658	(3) provide an interpretation of plans and
659	659	specifications as required during construction;
660	660	(4) check and approve samples, schedules, shop
661	661	drawings, and other submissions only for conformance with the
662	662	design concept of the project and for compliance with the
663	663	information in the contract documents;
664	664	(5) comment on and contribute to [approve or
665	665	disapprove] all change order requests, as required by the
666	666	commissioner [and, subject to Section 2166.257, prepare all change
667	667	orders];
668	668	(6) assemble all written guarantees required of the
669	669	contractors;
670	670	(7) make periodic visits to the project site to become
671	671	generally familiar with the progress and quality of the work and to
672	672	determine in general if the work is proceeding in accordance with
673	673	the contract documents;
674	674	(8) make a written inspection report after each visit
675	675	to the project site and send a copy of the report to the contractor
676	676	and the commissioner [commission];
677	677	(9) keep the commissioner [commission] informed of the
678	678	progress of the work and endeavor to guard against defects and
679	679	deficiencies in contractors' work;
680	680	(10) determine periodically the amount owing to the
681	681	contractors and recommend to the commissioner [commission] payment
682	682	of that amount; and
683	683	(11) conduct inspections to determine the dates of
684	684	substantial and final completion and notify the commissioner
685	685	[commission] and the using agency of the determination.
686	686	SECTION 39. Section 2166.453(b), Government Code, is
687	687	amended to read as follows:
688	688	(b) The commissioner of the General Land Office
689	689	[commission] may meet space needs of one or more state agencies that
690	690	are being met through leased space by purchasing or constructing
691	691	one or more buildings under this section. The purchase or
692	692	construction of a building may include the purchase of the
693	693	building's grounds and related improvements. The purchase or
694	694	construction of a building under this section must be:
695	695	(1) financed through bonds issued by the Texas Public
696	696	Finance Authority; and
697	697	(2) approved by the School Land Board [legislature if
698	698	it is in session or by the Legislative Budget Board if the
699	699	legislature is not in session].
700	700	SECTION 40. Section 2167.0011, Government Code, is amended
701	701	to read as follows:
702	702	Sec. 2167.0011. DEFINITION. In this chapter, "commission"
703	703	means the commissioner of the General Land Office [Texas Facilities
704	704	Commission].
705	705	SECTION 41. Section 2167.002, Government Code, is amended
706	706	to read as follows:
707	707	Sec. 2167.002. PREREQUISITES FOR LEASING SPACE. The
708	708	commissioner of the General Land Office [commission] may lease
709	709	space for a state agency in accordance with this chapter and the
710	710	agency's specifications if[:
711	711	[(1) state-owned space is not otherwise available to
712	712	the agency; and
713	713	[(2)] the agency has verified it has money available
714	714	to pay for the lease.
715	715	SECTION 42. Section 2167.0021, Government Code, is amended
716	716	to read as follows:
717	717	Sec. 2167.0021. BEST INTEREST OF STATE [VALUE STANDARD] FOR
718	718	LEASE OF SPACE. (a) The commissioner of the General Land Office
719	719	may [commission shall] lease space for any purpose the commissioner
720	720	determines is in the best interest of [the use of a state agency on
721	721	the basis of obtaining the best value for] the state.
722	722	(b) [The commission shall adopt rules establishing
723	723	guidelines for the determination of best value in a lease
724	724	contract.] In determining the best interest of the state [value],
725	725	the commissioner [commission] may consider:
726	726	(1) the cost of the lease contract;
727	727	(2) the condition and location of lease space;
728	728	(3) utility costs;
729	729	(4) access to public transportation;
730	730	(5) parking availability;
731	731	(6) security;
732	732	(7) telephone service availability;
733	733	(8) indicators of probable lessor performance under
734	734	the contract, such as the lessor's financial resources and the
735	735	lessor's experience;
736	736	(9) compliance with the architectural barriers law,
737	737	Chapter 469 [Article 9102, Revised Statutes]; and
738	738	(10) other relevant factors.
739	739	(c) This section does not prohibit the commissioner
740	740	[commission] from leasing space from the offeror that offers the
741	741	space at the lowest cost if the commissioner [commission]
742	742	determines that doing so is in [obtains] the best interest of [value
743	743	for] the state.
744	744	SECTION 43. Sections 2167.053(a), (b), (c), and (d),
745	745	Government Code, are amended to read as follows:
746	746	(a) When space is leased through competitive bidding, the
747	747	commissioner of the General Land Office [commission] shall
748	748	determine the bid that is in the best interest of [provides the best
749	749	value for] the state after considering moving costs, the cost of
750	750	time lost in moving, the cost of telecommunications services, and
751	751	other relevant factors.
752	752	(b) The commissioner [commission] shall send to the leasing
753	753	state agency:
754	754	(1) a copy of all bids received; and
755	755	(2) the commissioner's [commission's] recommended
756	756	award.
757	757	(c) If, after review of the bids and evaluation of all
758	758	relevant factors, the leasing state agency's opinion is that the
759	759	bid selected by the commissioner [commission] is not the bid that is
760	760	in the best interest of [provides the best value for] the state, it
761	761	may file with the commissioner [commission] a written
762	762	recommendation that the award be made to a bidder other than the
763	763	commissioner's [commission's] recommended bidder. The leasing
764	764	state agency's recommendation must contain the agency's
765	765	justification for its recommendation and a complete explanation of
766	766	all factors it considered.
767	767	(d) The commissioner [commission] shall fully consider the
768	768	leasing state agency's recommendation in making an award to a
769	769	bidder [and, if it does not agree, shall notify the agency of its
770	770	disagreement in writing. The leasing state agency and the
771	771	commission shall attempt to agree on the award].
772	772	SECTION 44. Section 2167.054, Government Code, is amended
773	773	to read as follows:
774	774	Sec. 2167.054. LEASING SPACE THROUGH COMPETITIVE SEALED
775	775	PROPOSALS. (a) The commissioner of the General Land Office
776	776	[commission] may lease space using competitive sealed proposals.
777	777	(b) The commissioner [commission] shall solicit proposals
778	778	by publishing a notice of request for proposals [in]:
779	779	(1) in the state business daily [Texas Register]; or
780	780	[and]
781	781	(2) on the General Land Office's Internet website [a
782	782	newspaper of general circulation in the county in which the space is
783	783	to be leased].
784	784	(c) The commissioner [commission] shall open each proposal
785	785	in a manner that does not disclose the contents of the proposal
786	786	during the process of negotiating with competing offerors.
787	787	(d) As provided in a request for proposals and under rules
788	788	adopted by the commissioner [commission], the commissioner
789	789	[commission] may discuss acceptable or potentially acceptable
790	790	proposals with offerors to assess an offeror's ability to meet the
791	791	solicitation requirements and to obtain the most advantageous lease
792	792	contract for the state. The commissioner [commission] may invite a
793	793	leasing state agency to participate in discussions and negotiations
794	794	conducted under this section. After receiving a proposal but
795	795	before making an award, the commissioner [commission] may permit
796	796	the offeror to revise the proposal to obtain the best final
797	797	proposal.
798	798	(e) The commissioner [commission] may not disclose
799	799	information derived from proposals submitted from competing
800	800	offerors in conducting discussions under Subsection (d).
801	801	(f) The commissioner [commission] shall provide each
802	802	offeror whose proposal meets the minimum requirements in the
803	803	request for proposals a reasonable opportunity to discuss and
804	804	revise its proposal.
805	805	(g) The commissioner [commission] shall make a written
806	806	award of a lease to the offeror whose proposal is in [provides] the
807	807	best interest of [value for] the state, considering price and the
808	808	evaluation factors in the request for proposals. The commissioner
809	809	[commission] shall state in writing in the contract file the
810	810	reasons for which an award is made.
811	811	(h) The commissioner [commission] shall refuse all
812	812	proposals if the commissioner [it] determines that none of the
813	813	proposals is acceptable.
814	814	(i) If the competitive sealed proposal procedure for
815	815	leasing space is used by a state agency that has been delegated
816	816	leasing authority under Section 2167.005, the agency shall follow
817	817	the procedures outlined by this section and any rules adopted by the
818	818	commissioner [commission].
819	819	SECTION 45. Section 2167.102, Government Code, is amended
820	820	to read as follows:
821	821	Sec. 2167.102. REMEDIAL ACTION AGAINST LESSOR. (a) When a
822	822	state agency occupying leased space is aware of circumstances that
823	823	require remedial action against the lessor, the agency shall notify
824	824	the commissioner of the General Land Office [commission].
825	825	(b) The commissioner [commission] may investigate the
826	826	circumstances and the lessor's performance under the contract.
827	827	(c) The attorney general on the commissioner's
828	828	[commission's] request shall represent [assist] the commissioner
829	829	[commission] in protecting the state's interest under a lease
830	830	contract.
831	831	SECTION 46. Sections 2167.104(a), (c), (d), and (e),
832	832	Government Code, are amended to read as follows:
833	833	(a) Subject to restrictions imposed by a lease or other
834	834	enforceable contract, the commissioner of the General Land Office
835	835	[commission], at the request of the occupying agency, may [shall]
836	836	sublease part of a space leased under this chapter to a child care
837	837	provider for the operation of a child care facility.
838	838	(c) This section does not affect the duties of the
839	839	commissioner [commission] regarding child care facilities in
840	840	state-owned buildings and potential child care facility sites in
841	841	state-owned buildings under Chapter 663, 2165, or 2166.
842	842	(d) The occupying agency and the commissioner [commission]
843	843	may agree to:
844	844	(1) procedures relating to the selection of the child
845	845	care provider;
846	846	(2) granting some preference in enrollment to children
847	847	of officers and employees of the occupying state agency; and
848	848	(3) any other matter regarding the operation of the
849	849	child care facility.
850	850	(e) The commissioner may [commission shall] sublease space
851	851	under this section to a child care provider approved by the
852	852	commissioner [commission] under Chapter 663 at a rate set by the
853	853	commissioner [commission].
854	854	SECTION 47. Section 2175.001(1-a), Government Code, is
855	855	amended to read as follows:
856	856	(1-a) "Commission" means the commissioner of the
857	857	General Land Office [Texas Facilities Commission].
858	858	SECTION 48. Section 2175.065, Government Code, is amended
859	859	to read as follows:
860	860	Sec. 2175.065. DELEGATION OF AUTHORITY TO STATE AGENCY.
861	861	(a) The commissioner of the General Land Office [commission] may
862	862	authorize a state agency to dispose of surplus or salvage property
863	863	if the agency demonstrates to the commissioner [commission] its
864	864	ability to dispose of the property under this chapter [Subchapters
865	865	C and E] in a manner that results in cost savings to the state, under
866	866	[commission] rules adopted by the commissioner under this chapter.
867	867	(b) The commissioner [commission] shall establish by rule
868	868	the criteria for determining that a delegation of authority to a
869	869	state agency results in cost savings to the state.
870	870	(c) If a state agency disposes of surplus or salvage
871	871	property under this chapter, the disposing agency shall report the
872	872	transaction to the commissioner. The report must include a
873	873	description of the disposed property, the reasons for disposal, the
874	874	price for the disposed property, and the recipient of the disposed
875	875	property.
876	876	(d) If the commissioner determines that a violation of a
877	877	state law or rule has occurred based on the report, the commissioner
878	878	shall report the violation to the Legislative Budget Board.
879	879	SECTION 49. The heading to Subchapter D, Chapter 2175,
880	880	Government Code, is amended to read as follows:
881	881	SUBCHAPTER D. DISPOSITION OF SURPLUS OR SALVAGE PROPERTY [BY
882	882	COMMISSION]
883	883	SECTION 50. Sections 2175.182, 2175.1825, 2175.183, and
884	884	2175.184, Government Code, are amended to read as follows:
885	885	Sec. 2175.182. STATE AGENCY TRANSFER OF PROPERTY [TO
886	886	COMMISSION]. (a) A state agency that determines it has surplus or
887	887	salvage property shall inform the commissioner of the General Land
888	888	Office. The commissioner shall determine [commission is
889	889	responsible for] the method of disposal of surplus or salvage
890	890	property under this subchapter. The commissioner [commission] may
891	891	take physical possession of the property.
892	892	(b) Based on the condition of the property, the commissioner
893	893	of the General Land Office, in cooperation with the state agency,
894	894	[commission] shall determine whether the property is:
895	895	(1) surplus property that should be offered for
896	896	transfer under Section 2175.184 or sold to the public; or
897	897	(2) salvage property.
898	898	(c) Following a determination under Subsection (b), the
899	899	state agency [The commission] shall inform the comptroller's office
900	900	of the property's kind, number, location, condition, original cost
901	901	or value, and date of acquisition.
902	902	Sec. 2175.1825. ADVERTISING ON COMPTROLLER WEBSITE. (a)
903	903	Not later than the second day after the date the comptroller
904	904	receives notice from the state agency [commission] under Section
905	905	2175.182(c), the comptroller shall advertise the property's kind,
906	906	number, location, and condition on the comptroller's website.
907	907	(b) The comptroller shall provide the commissioner of the
908	908	General Land Office access to all records in the state property
909	909	accounting system related to surplus and salvage property.
910	910	Sec. 2175.183. [COMMISSION] NOTICE TO OTHER ENTITIES. The
911	911	commissioner of the General Land Office [On taking responsibility
912	912	for surplus property under this subchapter, the commission] shall
913	913	inform other state agencies, political subdivisions, and
914	914	assistance organizations of the comptroller's website that lists
915	915	surplus property that is available for sale.
916	916	Sec. 2175.184. DIRECT TRANSFER. During the 10 business
917	917	days after the date the property is posted on the comptroller's
918	918	website, a state agency, political subdivision, or assistance
919	919	organization shall [may] coordinate with the commissioner of the
920	920	General Land Office [commission] for a transfer of the property at a
921	921	price established by the commissioner [commission in cooperation
922	922	with the transferring agency]. A transfer to a state agency has
923	923	priority over any other transfer during this period.
924	924	SECTION 51. Section 2175.186, Government Code, is amended
925	925	to read as follows:
926	926	Sec. 2175.186. DISPOSITION BY COMPETITIVE BIDDING,
927	927	AUCTION, OR DIRECT SALE. (a) If a disposition of a state agency's
928	928	surplus property is not made under Section 2175.184, the
929	929	commissioner of the General Land Office [commission] shall sell the
930	930	property by competitive bid, auction, or direct sale to the public,
931	931	including a sale using an Internet auction site.
932	932	(b) The commissioner of the General Land Office
933	933	[commission] shall determine which method of sale shall be used
934	934	based on the method that is most advantageous to the state under the
935	935	circumstances. The commissioner [commission] shall adopt rules
936	936	establishing guidelines for making that determination.
937	937	(c) In using an Internet auction site to sell surplus
938	938	property under this section, the commissioner of the General Land
939	939	Office [commission] shall post the property on the site for at least
940	940	10 days.
941	941	(d) The commissioner of the General Land Office may contract
942	942	with a private vendor to assist with disposition of surplus
943	943	property under this section.
944	944	SECTION 52. Section 2175.189, Government Code, is amended
945	945	to read as follows:
946	946	Sec. 2175.189. ADVERTISEMENT OF SALE. If the value of an
947	947	item or a lot of property to be sold is estimated to be more than
948	948	$25,000 [$5,000], the commissioner of the General Land Office
949	949	[commission] shall advertise the sale at least once in the state
950	950	business daily or on the General Land Office's Internet website [at
951	951	least one newspaper of general circulation in the vicinity in which
952	952	the property is located].
953	953	SECTION 53. Section 2175.191(a), Government Code, is
954	954	amended to read as follows:
955	955	(a) Proceeds from the sale of surplus or salvage property,
956	956	less the cost of advertising the sale, the cost of selling the
957	957	surplus or salvage property, including the cost of auctioneer
958	958	services and assistance from a private vendor, and the amount of the
959	959	fee collected under Section 2175.188, shall be deposited to the
960	960	credit of the general revenue fund of the state treasury.
961	961	SECTION 54. Section 2175.302, Government Code, is amended
962	962	to read as follows:
963	963	Sec. 2175.302. EXCEPTION FOR ELEEMOSYNARY INSTITUTIONS.
964	964	Except as provided by Section 2175.905(b) [2175.128(b)], this
965	965	chapter does not apply to the disposition of surplus or salvage
966	966	property by a state eleemosynary institution.
967	967	SECTION 55. Section 2175.904, Government Code, is amended
968	968	to read as follows:
969	969	Sec. 2175.904. DISPOSAL OF GAMBLING EQUIPMENT. (a) The
970	970	commissioner of the General Land Office [commission] shall
971	971	establish a program for the sale of gambling equipment received
972	972	from the governing body of a municipality, a commissioners court
973	973	under Section 263.152(a)(5), Local Government Code, or a state
974	974	agency under this chapter.
975	975	(b) The commissioner of the General Land Office
976	976	[commission] may sell gambling equipment only to a person that the
977	977	commissioner [commission] determines is a bona fide holder of a
978	978	license or other authorization to sell, lease, or otherwise provide
979	979	gambling equipment to others or to operate gambling equipment
980	980	issued by an agency in another state or in a foreign jurisdiction
981	981	where it is lawful for the person to possess gambling equipment for
982	982	the intended purpose.
983	983	(c) Except as provided by Subsection (d), proceeds
984	984	[Proceeds] from the sale of gambling equipment, less the costs of
985	985	the sale, including costs of advertising, storage, shipping, and
986	986	auctioneer or broker services, and the amount of the fee collected
987	987	under Section 2175.188 [2175.131], shall be divided according to an
988	988	agreement between the commissioner of the General Land Office
989	989	[commission] and the governing body or the commissioners court that
990	990	provided the equipment for sale. The agreement must provide that:
991	991	(1) not less than 50 percent of the net proceeds be
992	992	remitted to the governing body or the commissioners court; and
993	993	(2) the remainder of the net proceeds retained by the
994	994	commissioner [commission] be deposited to the credit of the general
995	995	revenue fund.
996	996	(d) Proceeds from the sale of gambling equipment
997	997	transferred from a state agency, less the costs of the sale,
998	998	including costs of advertising, storage, shipping, and auctioneer
999	999	or broker services, and the amount of the fee collected under
1000	1000	Section 2175.188, shall be deposited to the credit of the general
1001	1001	revenue fund.
1002	1002	SECTION 56. Section 2175.128, Government Code, is
1003	1003	transferred to Subchapter Z, Chapter 2175, Government Code,
1004	1004	redesignated as Section 2175.905, and amended to read as follows:
1005	1005	Sec. 2175.905 [2175.128]. DISPOSITION OF DATA PROCESSING
1006	1006	EQUIPMENT. (a) If a disposition of a state agency's surplus or
1007	1007	salvage data processing equipment is not made under Section
1008	1008	[2175.125 or] 2175.184, the state agency shall transfer the
1009	1009	equipment to:
1010	1010	(1) a school district or open-enrollment charter
1011	1011	school in this state under Subchapter C, Chapter 32, Education
1012	1012	Code;
1013	1013	(2) an assistance organization specified by the school
1014	1014	district; or
1015	1015	(3) the Texas Department of Criminal Justice.
1016	1016	[(a-1) Notwithstanding Subsection (a), if a disposition of
1017	1017	a state agency's surplus or salvage data processing equipment is
1018	1018	not made under Section 2175.125 or 2175.184, the state agency shall
1019	1019	make the equipment available to the commissioner of education for
1020	1020	use in the computer lending pilot program established under
1021	1021	Subchapter H, Chapter 32, Education Code. If the commissioner of
1022	1022	education declines to take the equipment, the state agency shall
1023	1023	transfer the equipment in accordance with Subsection (a). The
1024	1024	state agency may not collect a fee or other reimbursement from the
1025	1025	commissioner of education for the equipment made available under
1026	1026	this subsection. This subsection expires September 1, 2014.]
1027	1027	(b) If a disposition of the surplus or salvage data
1028	1028	processing equipment of a state eleemosynary institution or an
1029	1029	institution or agency of higher education is not made under other
1030	1030	law, the institution or agency shall transfer the equipment to:
1031	1031	(1) a school district or open-enrollment charter
1032	1032	school in this state under Subchapter C, Chapter 32, Education
1033	1033	Code;
1034	1034	(2) an assistance organization specified by the school
1035	1035	district; or
1036	1036	(3) the Texas Department of Criminal Justice.
1037	1037	[(b-1) Notwithstanding Subsection (b), if a disposition of
1038	1038	the surplus or salvage data processing equipment of a state
1039	1039	eleemosynary institution or an institution or agency of higher
1040	1040	education is not made under other law, the institution or agency
1041	1041	shall make the equipment available to the commissioner of education
1042	1042	for use in the computer lending pilot program established under
1043	1043	Subchapter H, Chapter 32, Education Code. If the commissioner of
1044	1044	education declines to take the equipment, the institution or agency
1045	1045	shall transfer the equipment in accordance with Subsection (b).
1046	1046	The state eleemosynary institution or institution or agency of
1047	1047	higher education may not collect a fee or other reimbursement from
1048	1048	the commissioner of education for the equipment made available
1049	1049	under this subsection. This subsection expires September 1, 2014.]
1050	1050	(c) The state eleemosynary institution or institution or
1051	1051	agency of higher education or other state agency may not collect a
1052	1052	fee or other reimbursement from the district, the school, the
1053	1053	assistance organization, or the Texas Department of Criminal
1054	1054	Justice for the surplus or salvage data processing equipment
1055	1055	transferred under this section.
1056	1056	SECTION 57. Subchapter Z, Chapter 2175, Government Code, is
1057	1057	amended by adding Section 2175.906 to read as follows:
1058	1058	Sec. 2175.906. ABOLISHED ENTITIES. On abolition of a state
1059	1059	agency under Chapter 325, Government Code (Texas Sunset Act), the
1060	1060	commissioner of the General Land Office shall take custody of all
1061	1061	property or other assets as surplus property unless the legislature
1062	1062	designates another appropriate governmental entity to take custody
1063	1063	of the property or other assets.
1064	1064	SECTION 58. Section 2262.002, Government Code, is amended
1065	1065	by adding Subsection (c) to read as follows:
1066	1066	(c) This chapter does not apply to the Veterans' Land Board
1067	1067	or the General Land Office.
1068	1068	SECTION 59. Section 2262.004(d), Government Code, is
1069	1069	amended to read as follows:
1070	1070	(d) Notwithstanding Section 2262.001 or 2262.002, this
1071	1071	section applies to:
1072	1072	(1) an institution of higher education as defined by
1073	1073	Section 61.003, Education Code; [and]
1074	1074	(2) contracts of the Texas Department of
1075	1075	Transportation that relate to highway construction or highway
1076	1076	engineering; and
1077	1077	(3) the Veterans' Land Board and the General Land
1078	1078	Office.
1079	1079	SECTION 60. Section 3151.003, Government Code, is amended
1080	1080	to read as follows:
1081	1081	Sec. 3151.003. APPLICABILITY. This chapter does not apply
1082	1082	to:
1083	1083	(1) the construction, renovation, or equipment of the
1084	1084	Darrell K Royal-Texas Memorial Stadium or to improvements related
1085	1085	to the stadium, except that the height of the stadium or a related
1086	1086	improvement may not exceed 666 feet above sea level;
1087	1087	(2) the construction, redevelopment, or improvement
1088	1088	of 11th Street pursuant to the East 11th and 12th Streets
1089	1089	Redevelopment Program, except that the height of an improvement may
1090	1090	not exceed 600 feet above sea level; [or]
1091	1091	(3) the construction, redevelopment, or improvement
1092	1092	of Robert Mueller Municipal Airport under a redevelopment and reuse
1093	1093	plan for the airport adopted by the City of Austin; or
1094	1094	(4) the construction, redevelopment, or improvement
1095	1095	of a building or structure initiated by the General Land Office.
1096	1096	SECTION 61. Section 35.101, Utilities Code, is amended by
1097	1097	adding Subdivision (3) to read as follows:
1098	1098	(3) "State facility" means a state-owned building or
1099	1099	facility that is under the management of the commissioner.
1100	1100	SECTION 62. Section 35.104, Utilities Code, is amended to
1101	1101	read as follows:
1102	1102	Sec. 35.104. LIMIT IN CERTAIN AREAS. (a) Sections 35.102
1103	1103	and 35.103 do not apply to the rates, retail service area,
1104	1104	facilities, or public retail customers of a municipally owned
1105	1105	electric utility that has not adopted customer choice or an
1106	1106	electric cooperative that has not adopted customer choice. In a
1107	1107	certificated service area of an electric utility in which customer
1108	1108	choice has not been introduced, the state may not engage in retail
1109	1109	transactions that exceed 2.5 percent of a retail electric utility's
1110	1110	total retail load.
1111	1111	(b) The limitation on retail transactions under Subsection
1112	1112	(a) does not apply to a state facility provided electric service
1113	1113	under Section 35.107.
1114	1114	SECTION 63. Subchapter D, Chapter 35, Utilities Code, is
1115	1115	amended by adding Section 35.107 to read as follows:
1116	1116	Sec. 35.107. STATE-OWNED FACILITIES UNDER MANAGEMENT OF
1117	1117	GENERAL LAND OFFICE. (a) The commissioner, acting on behalf of the
1118	1118	state, may, under the State Energy Marketing Program and as
1119	1119	provided by Sections 35.101, 35.102, and 35.103, sell or otherwise
1120	1120	convey power or natural gas generated from royalties taken in kind
1121	1121	as provided by Sections 52.133(f), 53.026, and 53.077, Natural
1122	1122	Resources Code, directly to a state facility, including a state
1123	1123	facility in the certificated service area of a municipally owned
1124	1124	utility or an electric cooperative that has not adopted customer
1125	1125	choice.
1126	1126	(b) In providing electricity to a state facility under the
1127	1127	State Energy Marketing Program, the commissioner is entitled to
1128	1128	nondiscriminatory access to the transmission and distribution
1129	1129	system for the certificated service area in which the customer is
1130	1130	located, including the certificated service area of a municipally
1131	1131	owned utility or an electric cooperative that has not adopted
1132	1132	customer choice.
1133	1133	(c) A municipally owned utility or an electric cooperative
1134	1134	may continue to bill directly a state facility as provided by
1135	1135	Sections 40.057 and 41.057 for entities that have opted for
1136	1136	customer choice.
1137	1137	(d) If requested by the commissioner, metering and billing
1138	1138	services shall be performed by the transmission and distribution
1139	1139	utility, municipally owned utility, or electric cooperative in
1140	1140	whose certificated service area the state facility is located.
1141	1141	(e) The authority of the commissioner to provide
1142	1142	electricity to a state facility under this section does not
1143	1143	constitute the introduction of customer choice in the certificated
1144	1144	service area of a municipally owned utility or electric
1145	1145	cooperative.
1146	1146	SECTION 64. Section 32.102(a), Education Code, is amended
1147	1147	to read as follows:
1148	1148	(a) As provided by this subchapter, a school district or
1149	1149	open-enrollment charter school may transfer to a student enrolled
1150	1150	in the district or school:
1151	1151	(1) any data processing equipment donated to the
1152	1152	district or school, including equipment donated by:
1153	1153	(A) a private donor; or
1154	1154	(B) a state eleemosynary institution or a state
1155	1155	agency under Section 2175.905 [2175.128], Government Code;
1156	1156	(2) any equipment purchased by the district or school,
1157	1157	to the extent consistent with Section 32.105; and
1158	1158	(3) any surplus or salvage equipment owned by the
1159	1159	district or school.
1160	1160	SECTION 65. The following provisions of the Government Code
1161	1161	are repealed:
1162	1162	(1) Section 551.0726;
1163	1163	(2) Chapter 2152;
1164	1164	(3) Section 2155.147(c);
1165	1165	(4) Section 2165.155;
1166	1166	(5) Section 2165.2035(f);
1167	1167	(6) Sections 2165.205(a) and (c);
1168	1168	(7) Section 2165.212(b);
1169	1169	(8) Section 2165.215;
1170	1170	(9) Section 2166.052(b);
1171	1171	(10) Section 2166.056(c);
1172	1172	(11) Section 2166.152(e);
1173	1173	(12) Sections 2166.257(b), (c), (d), and (e);
1174	1174	(13) Section 2167.053(e);
1175	1175	(14) Section 2167.104(f);
1176	1176	(15) Subchapter C, Chapter 2175; and
1177	1177	(16) Section 2175.181.
1178	1178	SECTION 66. (a) The Texas Facilities Commission is
1179	1179	abolished.
1180	1180	(b) The validity of an action taken by the Texas Facilities
1181	1181	Commission before it is abolished is not affected by the abolition.
1182	1182	SECTION 67. (a) All powers and duties of the Texas
1183	1183	Facilities Commission are transferred to the General Land Office.
1184	1184	(b) A rule, form, policy, procedure, or decision of the
1185	1185	Texas Facilities Commission continues in effect as a rule, form,
1186	1186	policy, procedure, or decision of the General Land Office until
1187	1187	superseded by an act of the land commissioner or the land
1188	1188	commissioner's designee.
1189	1189	(c) A court case, administrative proceeding, contract
1190	1190	negotiation, or other proceeding involving the Texas Facilities
1191	1191	Commission is transferred without change in status to the General
1192	1192	Land Office, and the General Land Office assumes, without a change
1193	1193	in status, the position of the Texas Facilities Commission in a
1194	1194	negotiation or proceeding to which the Texas Facilities Commission
1195	1195	is a party.
1196	1196	(d) All money, contracts, leases, rights, bonds, and
1197	1197	obligations of the Texas Facilities Commission are transferred to
1198	1198	the General Land Office.
1199	1199	(e) All personal property, including records, in the
1200	1200	custody of the Texas Facilities Commission becomes the property of
1201	1201	the General Land Office.
1202	1202	(f) All funds appropriated by the legislature to the Texas
1203	1203	Facilities Commission are transferred to the General Land Office.
1204	1204	SECTION 68. This Act takes effect September 1, 2011.