Texas 2013 - 83rd Regular

Texas House Bill HB2107 Compare Versions

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1	1	83R5191 YDB-D
2	2	By: Dutton H.B. No. 2107
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the continuation and functions of the Texas Facilities
8	8	Commission; authorizing fees.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 443.007, Government Code, is amended by
11	11	adding Subsection (a-1) to read as follows:
12	12	(a-1) If the board updates or modifies its long-range master
13	13	plan for the preservation, maintenance, restoration, and
14	14	modification of the Capitol and the Capitol grounds, the board must
15	15	conform its plan to the Capitol Complex master plan prepared by the
16	16	Texas Facilities Commission under Section 2166.105.
17	17	SECTION 2. Section 2152.002, Government Code, is amended to
18	18	read as follows:
19	19	Sec. 2152.002. SUNSET PROVISION. The Texas Facilities
20	20	[Building and Procurement] Commission is subject to Chapter 325
21	21	(Texas Sunset Act). Unless continued in existence as provided by
22	22	that chapter, the commission is abolished and this subtitle, except
23	23	for Chapter 2170 and Section 2157.121, expires September 1, 2021
24	24	[2013].
25	25	SECTION 3. Subchapter B, Chapter 2152, Government Code, is
26	26	amended by adding Section 2152.066 to read as follows:
27	27	Sec. 2152.066. NEGOTIATED RULEMAKING AND ALTERNATIVE
28	28	DISPUTE RESOLUTION POLICY. (a) The commission shall develop and
29	29	implement a policy to encourage the use of:
30	30	(1) negotiated rulemaking procedures under Chapter
31	31	2008 for the adoption of commission rules; and
32	32	(2) appropriate alternative dispute resolution
33	33	procedures under Chapter 2009 to assist in the resolution of
34	34	internal and external disputes under the commission's
35	35	jurisdiction.
36	36	(b) The commission's procedures relating to alternative
37	37	dispute resolution must conform, to the extent possible, to any
38	38	model guidelines issued by the State Office of Administrative
39	39	Hearings for the use of alternative dispute resolution by state
40	40	agencies.
41	41	(c) The commission shall:
42	42	(1) coordinate the implementation of the policy
43	43	adopted under Subsection (a);
44	44	(2) provide training as needed to implement the
45	45	procedures for negotiated rulemaking or alternative dispute
46	46	resolution; and
47	47	(3) collect data concerning the effectiveness of those
48	48	procedures.
49	49	SECTION 4. Section 2165.055, Government Code, is amended to
50	50	read as follows:
51	51	Sec. 2165.055. REPORT ABOUT IMPROVEMENTS AND REPAIRS. The
52	52	commission [biennially] on July 1 of each even-numbered year
53	53	[December 1st] shall electronically submit a report to the
54	54	governor, lieutenant governor, speaker of the house of
55	55	representatives, comptroller, and Legislative Budget Board on:
56	56	(1) all improvements and repairs that have been made,
57	57	with an itemized account of receipts and expenditures; and
58	58	(2) the condition of all property under its control,
59	59	with an estimate of needed improvements and repairs.
60	60	SECTION 5. Section 2165.2035(e), Government Code, is
61	61	amended to read as follows:
62	62	(e) On or before December 1 of each even-numbered year, the
63	63	commission shall electronically submit a report to the legislature
64	64	and the Legislative Budget Board describing the effectiveness of
65	65	the program under this section.
66	66	SECTION 6. Section 2165.2046, Government Code, is amended
67	67	to read as follows:
68	68	Sec. 2165.2046. REPORTS ON PARKING PROGRAMS. On or before
69	69	December [October] 1 of each even-numbered year, the commission
70	70	shall electronically submit a report to the legislature and
71	71	Legislative Budget Board describing the effectiveness of parking
72	72	programs developed by the commission under this subchapter. The
73	73	report must, at a minimum, include:
74	74	(1) the yearly revenue generated by the programs;
75	75	(2) the yearly administrative and enforcement costs of
76	76	each program;
77	77	(3) yearly usage statistics for each program; and
78	78	(4) initiatives and suggestions by the commission to:
79	79	(A) modify administration of the programs; and
80	80	(B) increase revenue generated by the programs.
81	81	SECTION 7. Chapter 2165, Government Code, is amended by
82	82	adding Subchapter H to read as follows:
83	83	SUBCHAPTER H. PUBLIC AND PRIVATE FACILITIES AND INFRASTRUCTURE:
84	84	QUALIFYING PROJECTS
85	85	Sec. 2165.351. DEFINITIONS. In this subchapter:
86	86	(1) "Partnership Advisory Commission" means the
87	87	Partnership Advisory Commission created by Chapter 2268.
88	88	(2) "Qualifying project" has the meaning assigned by
89	89	Section 2267.001, as added by Chapter 1334 (S.B. 1048), Acts of the
90	90	82nd Legislature, Regular Session, 2011.
91	91	Sec. 2165.352. COMMISSION REVIEW GUIDELINES AND POLICIES.
92	92	(a) In adopting the qualifying project review guidelines required
93	93	by Section 2267.052, as added by Chapter 1334 (S.B. 1048), Acts of
94	94	the 82nd Legislature, Regular Session, 2011, the commission must
95	95	include review criteria and documentation to guide the initial
96	96	review of each substantially complete qualifying project proposal
97	97	received by the commission.
98	98	(b) The review criteria required under Subsection (a) at a
99	99	minimum must include:
100	100	(1) the extent to which the qualifying project meets a
101	101	public need;
102	102	(2) the extent to which the project meets the
103	103	objectives and priorities of the commission and aligns with any
104	104	applicable commission plans, including the Capitol Complex master
105	105	plan developed under Section 2166.105;
106	106	(3) the technical and legal feasibility of the
107	107	project;
108	108	(4) the adequacy of the qualifications, experience,
109	109	and financial capacity of a private entity or other person
110	110	submitting the proposal;
111	111	(5) any potentially unacceptable risks to this state;
112	112	and
113	113	(6) whether an alternative delivery method is feasible
114	114	and more effectively meets this state's goals.
115	115	(c) The commission's qualifying project review guidelines
116	116	must:
117	117	(1) specify the types of professional expertise,
118	118	including financial, real estate, legal, and other related
119	119	expertise, needed to effectively protect this state's interest when
120	120	considering and implementing a qualifying project;
121	121	(2) specify the range of professional expertise needed
122	122	at each stage of the project, including proposal evaluation,
123	123	financial analysis, risk allocation analysis, contract
124	124	negotiation, and contract and performance monitoring, to evaluate
125	125	the qualifying project proposal; and
126	126	(3) require the oversight committee established by the
127	127	commission for each qualifying project to report to the commission
128	128	the results of the committee's evaluation of the project, including
129	129	the schedules, procedures, proposal evaluation criteria, and
130	130	documentation required in the guidelines for the evaluation.
131	131	(d) The commission shall:
132	132	(1) for each qualifying project proposal, post on the
133	133	commission's Internet website the oversight committee's review
134	134	report and other evaluation documents; and
135	135	(2) before posting the report and documents required
136	136	under Subdivision (1), redact all information included in the
137	137	report and documents that is considered confidential under Section
138	138	2267.066(c).
139	139	(e) The expertise described by Subsection (c) may be
140	140	provided by commission staff or outside experts.
141	141	Sec. 2165.353. QUALIFYING PROJECT FEES. (a) The
142	142	commission may charge a reasonable fee to cover the costs of
143	143	reviewing a qualifying project. The commission shall develop and
144	144	adopt a qualifying project proposal fee schedule sufficient to
145	145	cover its costs, including at a minimum the costs of processing,
146	146	reviewing, and evaluating the proposals.
147	147	(b) The commission shall use the professional expertise
148	148	information required under Section 2165.352(c) to determine the
149	149	amount of the fee charged by the commission to review a qualifying
150	150	project proposal. The amount must be reasonable in comparison to
151	151	the level of professional expertise required for the project and
152	152	may include the cost of staff time required to process the proposal
153	153	and other direct costs.
154	154	(c) The commission may use the money from the fees collected
155	155	under this section to hire or contract with persons who have the
156	156	professional expertise necessary to effectively evaluate a
157	157	qualifying project proposal.
158	158	Sec. 2165.354. INITIAL REVIEW OF QUALIFYING PROJECT
159	159	PROPOSAL. (a) The commission staff shall conduct an initial review
160	160	of each qualifying project proposal submitted to the commission and
161	161	provide to commission members a summary of the review, including an
162	162	analysis and recommendations.
163	163	(b) Subject to Subsection (c), the commission shall use a
164	164	value for money analysis in evaluating each qualifying project
165	165	proposal to:
166	166	(1) conduct a thorough risk analysis of the proposal
167	167	that identifies specific risks shared between this state and the
168	168	private partner and subjects the risks to negotiation in the
169	169	contract;
170	170	(2) determine if the proposal is in the best long-term
171	171	financial interest of this state; and
172	172	(3) determine if the project will provide a tangible
173	173	public benefit to this state.
174	174	(c) If commission staff determine that a value for money
175	175	analysis is not appropriate for evaluating a specific qualifying
176	176	project proposal, the staff shall submit to the commission a
177	177	written report stating the reasons for using an alternative
178	178	analysis methodology.
179	179	(d) The commission shall coordinate with the commission's
180	180	office of internal audit for review and receipt of comments on the
181	181	reasonableness of the assumptions used in the value for money
182	182	analysis or alternative analysis methodology used to evaluate a
183	183	qualifying project proposal under this section.
184	184	Sec. 2165.355. INITIAL PUBLIC HEARING ON QUALIFYING PROJECT
185	185	PROPOSAL. (a) Before submitting a detailed qualifying project
186	186	proposal to the Partnership Advisory Commission as required under
187	187	Section 2268.058, the commission must hold an initial public
188	188	hearing on the proposal.
189	189	(b) The commission must post a copy of the detailed
190	190	qualifying project proposal on the commission's Internet website
191	191	before the required public hearing and, before posting the
192	192	proposal, redact all information included in the proposal that is
193	193	considered confidential under Section 2267.066(c).
194	194	(c) After the hearing, the commission shall:
195	195	(1) modify the proposal as the commission determines
196	196	appropriate based on the public comments; and
197	197	(2) include the public comments in the documents
198	198	submitted to the Partnership Advisory Commission and provide any
199	199	additional information necessary for the evaluation required under
200	200	Chapter 2268.
201	201	Sec. 2165.356. SUBMISSION OF QUALIFYING PROJECT CONTRACT TO
202	202	CONTRACT ADVISORY TEAM. (a) Not later than the 60th day before the
203	203	date the commission is scheduled to vote on approval of a qualifying
204	204	project contract, the commission must submit to the Contract
205	205	Advisory Team established under Subchapter C, Chapter 2262,
206	206	documentation of the modifications to a proposed qualifying project
207	207	made during the commission's evaluation and negotiation process for
208	208	the project, including a copy of:
209	209	(1) the final draft of the contract;
210	210	(2) the detailed qualifying project proposal; and
211	211	(3) any executed interim or other agreement.
212	212	(b) The Contract Advisory Team shall review the
213	213	documentation submitted under Subsection (a) and provide written
214	214	comments and recommendations to the commission. The review must
215	215	focus on, but not be limited to, best practices for contract
216	216	management and administration.
217	217	(c) Commission staff shall provide to the commission
218	218	members:
219	219	(1) a copy of the Contract Advisory Team's written
220	220	comments and recommendations; and
221	221	(2) the staff's response to the comments and
222	222	recommendations.
223	223	Sec. 2165.357. PROHIBITED EMPLOYMENT OF COMMISSION
224	224	EMPLOYEE. (a) A commission employee may not be employed or hired by
225	225	another person to perform duties that relate to the employee's
226	226	specific duties in developing and implementing a qualifying
227	227	project, including review, evaluation, development, and
228	228	negotiation of a qualifying project proposal.
229	229	(b) The commission shall obtain from each commission
230	230	employee sufficient information for the commission to determine
231	231	whether:
232	232	(1) the employee is employed by another person; and
233	233	(2) a potential conflict of interest exists between
234	234	the employee's commission duties and the employee's duties with the
235	235	other employer.
236	236	(c) Each commission employee whose commission duties relate
237	237	to a qualifying project, including long-range planning, real estate
238	238	management, space management, and leasing services, shall attest
239	239	that the employee is aware of and agrees to the commission's ethics
240	240	and conflict-of-interest policies.
241	241	(d) To the extent the employment is authorized by commission
242	242	policy, this section does not prohibit additional employment for a
243	243	commission employee whose commission duties are not related to a
244	244	qualifying project.
245	245	SECTION 8. Section 2166.001, Government Code, is amended by
246	246	amending Subdivisions (1) and (1-a) and adding Subdivision (1-b) to
247	247	read as follows:
248	248	(1) "Capitol Complex" has the meaning prescribed by
249	249	Section 411.061(a)(1).
250	250	(1-a) "Commission" means the Texas Facilities
251	251	Commission.
252	252	(1-b) [(1-a)] "Construction" includes acquisition and
253	253	reconstruction.
254	254	SECTION 9. Section 2166.101(d), Government Code, is amended
255	255	to read as follows:
256	256	(d) The commission shall summarize its findings on the
257	257	status of state-owned buildings and current information on
258	258	construction costs in an electronically submitted [a] report [it
259	259	shall make available] to the governor, lieutenant governor, speaker
260	260	of the house of representatives, comptroller, and Legislative
261	261	Budget Board not later than July 1 of each even-numbered year [the
262	262	legislature, and the state's budget offices].
263	263	SECTION 10. Section 2166.102(b), Government Code, is
264	264	amended to read as follows:
265	265	(b) The commission shall maintain a six-year capital
266	266	planning cycle and shall electronically submit [file] a master
267	267	facilities plan with the governor, lieutenant governor, speaker of
268	268	the house of representatives, [Governor's Office of Budget and
269	269	Planning, the] Legislative Budget Board, and [the] comptroller
270	270	before July 1 of each even-numbered year.
271	271	SECTION 11. Section 2166.103(b), Government Code, is
272	272	amended to read as follows:
273	273	(b) Not later than July 1 of each even-numbered year [Before
274	274	each legislative session], the commission shall electronically
275	275	submit [send] to the governor, the lieutenant governor, the speaker
276	276	of the house of representatives, the comptroller, and the
277	277	Legislative Budget Board a report identifying counties in which
278	278	more than 50,000 square feet of usable office space is needed and
279	279	the commission's recommendations for meeting that need. The
280	280	commission may recommend leasing or purchasing and renovating one
281	281	or more existing buildings or constructing one or more buildings.
282	282	SECTION 12. Subchapter C, Chapter 2166, Government Code, is
283	283	amended by adding Sections 2166.105, 2166.106, 2166.107, and
284	284	2166.108 to read as follows:
285	285	Sec. 2166.105. CAPITOL COMPLEX MASTER PLAN. (a) The
286	286	commission shall prepare a Capitol Complex master plan that at a
287	287	minimum includes:
288	288	(1) an overview and summary of the previous plans for
289	289	the Capitol Complex;
290	290	(2) a stated strategic vision and long-term goals for
291	291	the Capitol Complex;
292	292	(3) an analysis of state property, including
293	293	buildings, in the Capitol Complex and of the extent to which this
294	294	state satisfies its space needs through use of the property;
295	295	(4) in consultation with the General Land Office, an
296	296	analysis of the current and forecasted real estate market
297	297	conditions in the Austin area;
298	298	(5) detailed, site-specific proposals for developing
299	299	state property in the Capitol Complex, including proposals on the
300	300	use of property and space for public or private sector purposes;
301	301	(6) an analysis of and recommendations for building
302	302	design guidelines to ensure appropriate quality in new or remodeled
303	303	buildings in the Capitol Complex;
304	304	(7) an analysis of and recommendations for Capitol
305	305	Complex infrastructure needs, including transportation, utilities,
306	306	and parking;
307	307	(8) for projects identified in the plan, an analysis
308	308	of and recommendations for financing options, including private
309	309	sector participation;
310	310	(9) time frames for implementing the plan components
311	311	and any projects identified in the plan;
312	312	(10) consideration of alternative options for meeting
313	313	state space needs outside the Capitol Complex; and
314	314	(11) other information relevant to the Capitol Complex
315	315	as the commission determines appropriate.
316	316	(b) The commission shall ensure that the General Land
317	317	Office, the State Preservation Board, the Texas Historical
318	318	Commission, and other relevant interested parties are included in
319	319	each stage of the development of the Capitol Complex master plan.
320	320	(c) The commission shall submit to the governor, lieutenant
321	321	governor, speaker of the house of representatives, comptroller, and
322	322	Legislative Budget Board:
323	323	(1) not later than July 1, 2014, the initial Capitol
324	324	Complex master plan; and
325	325	(2) not later than July 1 of each even-numbered year
326	326	thereafter, updates to the plan.
327	327	(d) The commission shall ensure that the Capitol Complex
328	328	master plan and the master facilities plan developed under Section
329	329	2166.102 do not conflict and together comprehensively address the
330	330	space needs of state agencies.
331	331	Sec. 2166.106. REVIEW OF PROPOSED CAPITOL COMPLEX MASTER
332	332	PLAN BY STATE PRESERVATION BOARD AND GENERAL LAND OFFICE. (a) Not
333	333	later than the 90th day before the date the commission holds a
334	334	public meeting to discuss a proposed Capitol Complex master plan,
335	335	the commission must submit the proposed plan to the State
336	336	Preservation Board and the General Land Office for review and
337	337	comment.
338	338	(b) Not later than the 60th day before the date the
339	339	commission holds a public meeting to discuss a proposed update to
340	340	the Capitol Complex master plan, the commission must submit the
341	341	proposed update to the State Preservation Board and the General
342	342	Land Office for review and comment.
343	343	(c) Not later than the 90th day after the date the State
344	344	Preservation Board receives from the commission a proposed Capitol
345	345	Complex master plan and not later than the 60th day after the date
346	346	the board receives from the commission a proposed update to the
347	347	plan, the board may:
348	348	(1) by a public vote disapprove the plan or update if
349	349	the board determines that the goals or recommendations in the plan
350	350	or update are not in the best interest of the state or of the Capitol
351	351	Complex; and
352	352	(2) submit to the commission written comments and
353	353	recommended modifications to the plan or update.
354	354	(d) The proposed Capitol Complex master plan or the proposed
355	355	update to the plan is considered to be approved by the State
356	356	Preservation Board if the board does not hold the public vote
357	357	authorized by Subsection (c) on or before the date required under
358	358	that subsection.
359	359	(e) The review of the Capitol Complex master plan under this
360	360	section is in addition to the review required for a proposed project
361	361	under Section 443.0071.
362	362	Sec. 2166.107. COMPREHENSIVE PLANNING AND DEVELOPMENT
363	363	PROCESS. (a) The commission by rule shall adopt a comprehensive
364	364	process for planning and developing state property in the
365	365	commission's inventory, including property in the Capitol Complex,
366	366	and for assisting state agencies in space development planning for
367	367	state property under Sections 2165.105 and 2165.1061.
368	368	(b) The process under this section at a minimum must
369	369	include:
370	370	(1) a clear approach and specific time frames for
371	371	obtaining input throughout the planning and development process
372	372	from the public, interested parties, and state agencies, including
373	373	the General Land Office and, for Capitol Complex property, the
374	374	State Preservation Board and the Texas Historical Commission;
375	375	(2) specific schedules for providing to the commission
376	376	regular updates on planning and development efforts;
377	377	(3) a public involvement policy to ensure that before
378	378	the commission makes a decision on the use or development of state
379	379	property the public and interested parties have the opportunity to
380	380	review and comment on the commission's plans; and
381	381	(4) confidentiality policies consistent with Chapter
382	382	552.
383	383	Sec. 2166.108. COMPREHENSIVE CAPITAL IMPROVEMENT AND
384	384	DEFERRED MAINTENANCE PLAN. (a) The commission shall develop a
385	385	comprehensive capital improvement and deferred maintenance plan
386	386	that clearly defines the capital improvement needs and critical and
387	387	noncritical maintenance needs of state buildings.
388	388	(b) The comprehensive capital improvement and deferred
389	389	maintenance plan must:
390	390	(1) with respect to deferred maintenance projects:
391	391	(A) list, with regular updates, deferred
392	392	maintenance projects that contain critical high-priority projects
393	393	and lower-priority, non-health and safety projects;
394	394	(B) state the commission's plan for addressing
395	395	the projects;
396	396	(C) account for the completion of high-priority
397	397	projects;
398	398	(D) estimate when the lower-priority projects
399	399	may become higher-priority projects; and
400	400	(E) be modified as necessary to include
401	401	additional maintenance projects;
402	402	(2) contain a list of all predictable capital
403	403	improvement projects, including a time frame and a cost estimate
404	404	for each project; and
405	405	(3) contain a plan, updated biennially, for responding
406	406	to emergency repairs and replacements that, in consultation with
407	407	the Legislative Budget Board, identifies potential sources of
408	408	funds, which may include bonds and bond interest, that may be used
409	409	to pay the costs of emergency repair and replacement projects.
410	410	(c) The comprehensive capital improvement and deferred
411	411	maintenance plan must include for each segment of the plan
412	412	described by Subsection (b) a prioritized list by state agency
413	413	facility of each project that includes an estimate of the project's
414	414	cost and the aggregate costs for all facility projects.
415	415	(d) The commission shall include the comprehensive capital
416	416	improvement and deferred maintenance plan and regular updates to
417	417	the plan in its long-range plan under Section 2166.102. The
418	418	information included in the long-range plan must include the
419	419	aggregate project costs for each state agency but may exclude the
420	420	cost of each specific facility project.
421	421	SECTION 13. Section 31.155(d), Natural Resources Code, is
422	422	amended to read as follows:
423	423	(d) The duty under this subchapter of the division to review
424	424	and verify real property records and to make recommendations
425	425	regarding real property and of the commissioner to prepare a report
426	426	involving real property does not apply to:
427	427	(1) the real property of an institution of higher
428	428	education;
429	429	(2) the real property that is part of a fund created or
430	430	specifically authorized by the constitution of this state and that
431	431	is administered by or with the assistance of the land office;
432	432	(3) the real property of the Employees Retirement
433	433	System of Texas; [and]
434	434	(4) the real property of the Teacher Retirement System
435	435	of Texas; and
436	436	(5) the real property included in the Capitol Complex
437	437	as defined by Section 411.061(a)(1), Government Code.
438	438	SECTION 14. The Texas Facilities Commission shall:
439	439	(1) not later than January 1, 2014:
440	440	(A) develop the qualifying project review
441	441	guidelines required by Section 2165.352, Government Code, as added
442	442	by this Act;
443	443	(B) develop the qualifying project proposal fee
444	444	schedule required by Section 2165.353, Government Code, as added by
445	445	this Act; and
446	446	(C) adopt the comprehensive planning and
447	447	development process required by Section 2166.107, Government Code,
448	448	as added by this Act; and
449	449	(2) not later than July 1, 2014:
450	450	(A) prepare the Capitol Complex master plan
451	451	required by Section 2166.105, Government Code, as added by this
452	452	Act, and submit the plan as required by that section; and
453	453	(B) prepare the comprehensive capital
454	454	improvement and deferred maintenance plan required by Section
455	455	2166.108, Government Code, as added by this Act.
456	456	SECTION 15. This Act takes effect immediately if it
457	457	receives a vote of two-thirds of all the members elected to each
458	458	house, as provided by Section 39, Article III, Texas Constitution.
459	459	If this Act does not receive the vote necessary for immediate
460	460	effect, this Act takes effect September 1, 2013.