| 1 | 1 | | By: Hilderbran (Senate Sponsor - Birdwell) H.B. No. 265 |
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| 2 | 2 | | (In the Senate - Received from the House April 20, 2011; |
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| 3 | 3 | | April 26, 2011, read first time and referred to Committee on |
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| 4 | 4 | | Government Organization; May 13, 2011, reported favorably by the |
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| 5 | 5 | | following vote: Yeas 6, Nays 0; May 13, 2011, sent to printer.) |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to the lease of space by or for a state agency. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 2167.002, Government Code, is amended to |
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| 13 | 13 | | read as follows: |
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| 14 | 14 | | Sec. 2167.002. PREREQUISITES FOR LEASING SPACE. (a) The |
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| 15 | 15 | | commission may lease space for a state agency in accordance with |
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| 16 | 16 | | this chapter and the agency's specifications if: |
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| 17 | 17 | | (1) state-owned space is not otherwise available to |
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| 18 | 18 | | the agency; and |
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| 19 | 19 | | (2) the agency has verified it has money available to |
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| 20 | 20 | | pay for the lease. |
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| 21 | 21 | | (b) In making a determination under this section that |
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| 22 | 22 | | state-owned space is not available to a state agency, the |
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| 23 | 23 | | commission must consider all reasonably available state-owned |
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| 24 | 24 | | space in this state, regardless of whether utilizing state-owned |
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| 25 | 25 | | space would require the agency to move all or part of the agency's |
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| 26 | 26 | | operations to a different geographic location in this state. |
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| 27 | 27 | | SECTION 2. Section 2167.005(a), Government Code, is amended |
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| 28 | 28 | | to read as follows: |
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| 29 | 29 | | (a) The commission may delegate to a state agency, including |
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| 30 | 30 | | an institution of higher education, the authority to enter into |
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| 31 | 31 | | lease contracts for space if the commission determines that |
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| 32 | 32 | | state-owned space is not available as provided by Section 2167.002. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2011. |
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| 34 | 34 | | * * * * * |
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