By: Hilderbran (Senate Sponsor - Birdwell) H.B. No. 265
(In the Senate - Received from the House April 20, 2011;
April 26, 2011, read first time and referred to Committee on
Government Organization; May 13, 2011, reported favorably by the
following vote: Yeas 6, Nays 0; May 13, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the lease of space by or for a state agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2167.002, Government Code, is amended to
read as follows:
Sec. 2167.002. PREREQUISITES FOR LEASING SPACE. (a) The
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 2. Section 2167.005(a), Government Code, is amended
to read as follows:
(a) The commission may delegate to a state agency, including
an institution of higher education, the authority to enter into
lease contracts for space if the commission determines that
state-owned space is not available as provided by Section 2167.002.
SECTION 3. This Act takes effect September 1, 2011.
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