82R10532 EAH-D
By: King of Parker H.B. No. 2664
A BILL TO BE ENTITLED
AN ACT
relating to the abolition of the Texas Facilities Commission and
the transfer of its duties to the comptroller, General Land Office,
and State Preservation Board.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. 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 3. 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 4. 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;
(4) the Texas Alcoholic Beverage Commission;
(5) The Finance Commission of Texas;
(6) [the Texas Facilities Commission;
[(7)] the Texas Board of Criminal Justice;
(7) [(8)] the board of trustees of the Employees
Retirement System of Texas;
(8) [(9)] the Texas Transportation Commission;
(9) [(10) the Texas Workers' Compensation Commission;
[(11)] the Texas Department of Insurance;
(10) [(12)] the Parks and Wildlife Commission;
(11) [(13)] the Public Safety Commission;
(12) [(14)] the Texas Ethics Commission;
(13) [(15)] the State Securities Board;
(14) [(16)] the Texas Water Development Board;
(15) [(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;
(16) [(18)] the Texas Higher Education Coordinating
Board;
(17) [(19)] the Texas Workforce Commission;
(18) [(21)] the board of trustees of the Teacher
Retirement System of Texas;
(19) [(22)] the Credit Union Commission;
(20) [(23)] the School Land Board;
(21) [(24)] the board of the Texas Department of
Housing and Community Affairs;
(22) [(25)] the Texas Racing Commission;
(23) [(26)] the State Board of Dental Examiners;
(24) [(27)] the Texas Medical [State] Board [of
Medical Examiners];
(25) [(28)] the Board of Pardons and Paroles;
(26) [(29)] the Texas State Board of Pharmacy;
(27) [(30)] the Department of Information Resources
governing board;
(28) [(31)] the Motor Vehicle Board;
(29) [(32)] the Texas Real Estate Commission;
(30) [(33)] the board of directors of the State Bar of
Texas;
(31) [(34)] the bond review board;
(32) [(35)] the [Texas Board of] Health and Human
Services Commission;
(33) [(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;
(34) [(40)] the board of directors of a river
authority created under the Texas Constitution or a statute of this
state; or
(35) [(41)] the Texas Lottery Commission.
SECTION 5. 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 6. 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 7. 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; or
(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 8. 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 9. 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
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 10. 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 11. 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 12. 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 13. Section 2165.256(a), Government Code, is
amended to read as follows:
(a) The State Cemetery Committee shall oversee all
operations of the State Cemetery. The committee shall develop a
budget for the operations of the State Preservation Board
[commission] relating to the State Cemetery and determine the
salary of employees of the State Preservation Board [commission]
whose duties primarily relate to the operation of the State
Cemetery.
SECTION 14. Sections 2165.2561(a), (k), (l), (p), (q), (r),
and (t), Government Code, are amended to read as follows:
(a) The State Cemetery Committee is composed of:
(1) three voting members appointed as follows:
(A) one member of the general public appointed by
the governor;
(B) one member of the general public appointed by
the governor from a list submitted by the lieutenant governor; and
(C) one member of the general public appointed by
the governor from a list submitted by the speaker of the house of
representatives; and
(2) three nonvoting advisory members appointed as
follows:
(A) one employee of the Texas Historical
Commission appointed by the executive director of the Texas
Historical Commission;
(B) one employee of the State Preservation Board
[Texas Building and Procurement Commission] appointed by the
executive director of the State Preservation Board [Texas Building
and Procurement Commission]; and
(C) one employee of the Parks and Wildlife
Department appointed by the executive director of the Parks and
Wildlife Department.
(k) The legislature shall separately appropriate money to
the committee within the appropriations to the State Preservation
Board [Texas Building and Procurement Commission] for all matters
relating to the operation of the State Cemetery. Activities
relating to maintenance of the State Cemetery grounds and monuments
shall conform to guidelines for historic preservation submitted to
the committee by the Texas Historical Commission.
(l) Funds appropriated to the State Preservation Board
[Texas Building and Procurement Commission] may be transferred by
interagency contract for the performance of, at the direction of
the committee, an act related to the State Cemetery.
(p) If the executive director of the State Preservation
Board [commission] has knowledge that a potential ground for
removal exists, the executive director shall notify the presiding
officer of the committee of the potential ground. The presiding
officer shall then notify the governor and the attorney general
that a potential ground for removal exists. If the potential ground
for removal involves the presiding officer, the executive director
shall notify the next highest ranking officer of the committee, who
shall then notify the governor and the attorney general that a
potential ground for removal exists.
(q) The executive director of the State Preservation Board
[commission] or the executive director's designee shall provide to
members of the committee, as often as necessary, information
regarding the requirements for office under this chapter, including
information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state officers.
(r) A person who is appointed to and qualifies for office as
a member of the committee may not vote, deliberate, or be counted as
a member in attendance at a meeting of the committee until the
person completes a training program that complies with this
subsection. The training program must provide the person with
information regarding:
(1) the legislation that created the State Cemetery
and the State Cemetery Committee;
(2) the programs operated by the committee;
(3) the role and functions of the committee;
(4) the rules of the committee, with an emphasis on any
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the committee;
(6) the results of the most recent formal audit of
cemetery operations;
(7) the requirements of:
(A) the open meetings law, Chapter 551;
(B) the public information law, Chapter 552;
(C) the administrative procedure law, Chapter
2001; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
State Preservation Board [commission], the committee, or the Texas
Ethics Commission.
(t) The committee shall develop and implement policies that
clearly separate the policymaking responsibilities of the
committee and the management responsibilities of the executive
director of the State Preservation Board [commission] and staff of
the cemetery.
SECTION 15. 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 16. Sections 2166.257(b) and (c), Government Code,
are amended to read as follows:
(b) The money reserved under Subsection (a)(2) may be used
only if:
(1) the design professional or contractor recommends
and justifies the proposed contingency expenditures by submitting a
change order request;
(2) the proposed change order request is approved by
the design professional;
(3) the proposed change order request is approved by
the using agency and the agency makes a formal request for the
allocation of money from the contingency reserve; and
(4) the employee of the General Land Office
responsible for [director of] facilities construction and space
management [appointed under Section 2152.104] investigates the
nature of the change order and concurs in the necessity of the
proposed expenditure or refuses to concur not later than the 15th
day after the date of receiving the request.
(c) If the employee of the General Land Office responsible
for [director of] facilities construction and space management
refuses to concur in a proposed contingency expenditure, the using
agency may appeal to the commission. The commission's findings are
final. The commission shall adopt rules on the procedures for an
appeal under this subsection.
SECTION 17. Section 2166.305(b), Government Code, is
amended to read as follows:
(b) A committee appointed by the commission shall perform
the review. The committee consists of:
(1) one individual appointed by the commissioner of
the General Land Office [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;
(B) president of the Texas Society of
Professional Engineers;
(C) presiding officer of the Executive Council of
the Texas Associated General Contractors Chapters;
(D) executive secretary of the Mechanical
Contractors Associations of Texas, Incorporated;
(E) executive secretary of the Texas Building and
Construction Trades Council; and
(F) president of the Associated Builders and
Contractors of Texas;
(3) one individual appointed by the commission
representing an institution of higher education, as defined by
Section 61.003, Education Code;
(4) one individual appointed by the commission
representing a state agency that has a substantial ongoing
construction program;
(5) one individual appointed by the commission
representing the attorney general's office;
(6) one individual appointed by the commission
representing the interests of historically underutilized
businesses; and
(7) two individuals appointed by the commission, each
representing a different minority contractors association.
SECTION 18. 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 19. Subchapter A, Chapter 2175, Government Code, is
amended by adding Section 2175.0011 to read as follows:
Sec. 2175.0011. TRANSFER OF DUTIES; REFERENCE. (a) The
powers and duties of the Texas Facilities Commission under this
chapter are transferred to the comptroller.
(b) In this chapter, a reference to the commission means the
comptroller.
SECTION 20. Section 2175.002, Government Code, is amended
to read as follows:
Sec. 2175.002. ADMINISTRATION OF CHAPTER. The comptroller
[commission's surplus and salvage property division] shall
administer this chapter.
SECTION 21. Section 2175.122, Government Code, is amended
to read as follows:
Sec. 2175.122. STATE AGENCY NOTICE TO [COMMISSION AND]
COMPTROLLER. A state agency that determines it has surplus or
salvage property shall inform the [commission and the] comptroller
of the property's kind, number, location, condition, original cost
or value, and date of acquisition.
SECTION 22. Section 2175.123(b), Government Code, is
amended to read as follows:
(b) The state agency shall inform the [commission and the]
comptroller of its determination.
SECTION 23. Section 2175.1825, Government Code, is amended
to read as follows:
Sec. 2175.1825. ADVERTISING ON COMPTROLLER WEBSITE. Not
later than the second day after the date the comptroller determines
whether property is surplus or salvage under Section 2175.182(b)
[receives notice from the commission under Section 2175.182(c)],
the comptroller shall advertise the property's kind, number,
location, and condition on the comptroller's website.
SECTION 24. Section 2175.190, Government Code, is amended
to read as follows:
Sec. 2175.190. REPORTING SALE; PROPERTY ACCOUNTING
ADJUSTMENT. [(a)] On the sale by the comptroller [commission] of
surplus or salvage property, the comptroller [commission] shall:
(1) report the property sold and the sale price to the
state agency that owned the property; and
(2) if [to the comptroller.
[(b) If] property reported under this section is on the
state property accounting system, [the comptroller shall] remove
the property from the property accounting records.
SECTION 25. The following provisions of the Government Code
are repealed:
(1) Section 551.0726;
(2) Section 2175.001(1-a);
(3) Section 2175.182(c); and
(4) Chapter 2152.
SECTION 26. (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 27. (a) The following are transferred from the
Texas Facilities Commission to the State Preservation Board:
(1) the powers, duties, functions, programs, and
activities of the Texas Facilities Commission relating to the
operation of the State Cemetery under Sections 2165.256 and
2165.2561, Government Code;
(2) any obligations and contracts of the Texas
Facilities Commission that are directly related to implementing a
power, duty, function, program, or activity transferred under this
subsection; and
(3) all property and records in the custody of the
Texas Facilities Commission that are related to a power, duty,
function, program, or activity transferred under this subsection
and all funds appropriated by the legislature for that power, duty,
function, program, or activity.
(a-1) The following are transferred from the Texas
Facilities Commission to the comptroller of public accounts:
(1) the powers, duties, functions, programs, and
activities of the Texas Facilities Commission relating to surplus
and salvage property under Chapter 2175, Government Code;
(2) any obligations and contracts of the Texas
Facilities Commission that are directly related to implementing a
power, duty, function, program, or activity transferred under this
subsection; and
(3) all property and records in the custody of the
Texas Facilities Commission that are related to a power, duty,
function, program, or activity transferred under this subsection
and all funds appropriated by the legislature for that power, duty,
function, program, or activity.
(a-2) The following are transferred from the Texas
Facilities Commission to the General Land Office:
(1) the powers, duties, functions, programs, and
activities of the Texas Facilities Commission relating to charge
and control of state buildings, grounds, or property, including
maintenance, construction, purchase, and lease of state buildings,
grounds, or property, and child care services for state employees
under Chapter 663, Government Code;
(2) any obligations and contracts of the Texas
Facilities Commission that are directly related to implementing a
power, duty, function, program, or activity transferred under this
subsection; and
(3) all property and records in the custody of the
Texas Facilities Commission that are related to a power, duty,
function, program, or activity transferred under this subsection
and all funds appropriated by the legislature for that power, duty,
function, program, or activity.
(b) A rule, form, policy, procedure, or decision of the
Texas Facilities Commission that is related to an activity
described by Subsection (a) of this section continues in effect as a
rule, form, policy, procedure, or decision of the State
Preservation Board until superseded by an act of the State
Preservation Board.
(b-1) A rule, form, policy, procedure, or decision of the
Texas Facilities Commission that relates to a power, duty,
function, program, or activity transferred under Subsection (a-1)
of this section is a rule or form of the comptroller of public
accounts and remains in effect until altered by the comptroller of
public accounts.
(b-2) A rule, form, policy, procedure, or decision of the
Texas Facilities Commission that is related to an activity
transferred by Subsection (a-2) of this section 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 reference in law to the Texas Facilities Commission
that relates to a power, duty, function, program, or activity
transferred under Subsection (a) of this section means the State
Preservation Board.
(c-1) A reference in law to the Texas Facilities Commission
that relates to a power, duty, function, program, or activity
transferred under Subsection (a-1) of this section means the
comptroller of public accounts.
(c-2) A reference in law to the Texas Facilities Commission
that relates to a power, duty, function, program, or activity
transferred under Subsection (a-2) of this section means the
commissioner of the General Land Office.
(d) A court case, administrative proceeding, contract
negotiation, or other proceeding involving the Texas Facilities
Commission that is related to an activity described by Subsection
(a) of this section is transferred without change in status to the
State Preservation Board, and the State Preservation Board assumes,
without a change in status, the position of the Texas Facilities
Commission in a negotiation or proceeding relating to an activity
transferred by this Act to the State Preservation Board to which the
Texas Facilities Commission is a party.
(d-1) A court case, administrative proceeding, contract
negotiation, or other proceeding involving the Texas Facilities
Commission that is related to an activity described by Subsection
(a-1) of this section is transferred without change in status to the
comptroller, and the comptroller assumes, without a change in
status, the position of the Texas Facilities Commission in a
negotiation or proceeding relating to an activity transferred by
this Act to the comptroller to which the Texas Facilities
Commission is a party.
(d-2) A court case, administrative proceeding, contract
negotiation, or other proceeding involving the Texas Facilities
Commission relating to an activity transferred by Subsection (a-2)
of this section 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.
(e) All money, contracts, leases, rights, bonds, and
obligations of the Texas Facilities Commission related to an
activity described by Subsection (a) of this section are
transferred to the State Preservation Board.
(e-1) All money, contracts, leases, rights, bonds, and
obligations of the Texas Facilities Commission related to an
activity described by Subsection (a-1) of this section are
transferred to the comptroller.
(e-2) All money, contracts, leases, rights, bonds, and
obligations of the Texas Facilities Commission related to an
activity transferred by Subsection (a-2) of this section are
transferred to the General Land Office.
(f) All personal property, including records, in the
custody of the Texas Facilities Commission related to an activity
described by Subsection (a) of this section becomes the property of
the State Preservation Board.
(f-1) All personal property, including records, in the
custody of the Texas Facilities Commission related to an activity
described by Subsection (a-1) of this section becomes the property
of the comptroller.
(f-2) All personal property, including records, in the
custody of the Texas Facilities Commission related to an activity
transferred by Subsection (a-2) of this section becomes the
property of the General Land Office.
(g) All funds appropriated by the legislature to the Texas
Facilities Commission for an activity described by Subsection (a)
of this section, including funds for providing administrative
support for those services, are transferred to the State
Preservation Board.
(g-1) All funds appropriated by the legislature to the Texas
Facilities Commission for an activity described by Subsection (a-1)
of this section, including funds for providing administrative
support for those services, are transferred to the comptroller.
(g-2) All funds appropriated by the legislature to the Texas
Facilities Commission for an activity transferred by Subsection
(a-2) of this section are transferred to the General Land Office.
SECTION 28. The comptroller, the State Preservation Board,
the General Land Office, and the Texas Facilities Commission shall
adopt a memorandum of understanding that identifies and allocates
between the office of the comptroller, the State Preservation
Board, and the General Land Office the powers, duties, property,
appropriations, and other items transferred under this Act. The
memorandum of understanding must also:
(1) identify and allocate between the office of the
comptroller, the State Preservation Board, and the General Land
Office the real and personal property of the Texas Facilities
Commission, including space in the central administrative offices
of the commission, used to generally support the activities of the
Texas Facilities Commission; and
(2) provide a timetable for any necessary or advisable
movement of the physical location of property.
SECTION 29. This Act takes effect September 1, 2011.