Texas 2013 - 83rd Regular

Texas Senate Bill SB1457 Compare Versions

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1	1	By: Duncan S.B. No. 1457
2	2	(Frullo)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to management services for the physical facilities of the
8	8	Texas School for the Blind and Visually Impaired and the Texas
9	9	School for the Deaf.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 30.022, Education Code, is amended by
12	12	amending Subsection (h) and adding Subsection (h-1) to read as
13	13	follows:
14	14	(h) Except as provided by Subsection (h-1), the [The] board
15	15	has [exclusive] jurisdiction over the physical assets of the school
16	16	and shall administer and spend appropriations made for the benefit
17	17	of the school.
18	18	(h-1) The Texas Facilities Commission shall provide
19	19	facilities maintenance services for the physical facilities of the
20	20	school, including facilities construction, cabling, facility
21	21	reconfiguration, and any other services as provided by a memorandum
22	22	of understanding between the board and the Texas Facilities
23	23	Commission.
24	24	SECTION 2. Section 30.052, Education Code, is amended by
25	25	amending Subsection (h) and adding Subsection (h-1) to read as
26	26	follows:
27	27	(h) Except as provided by Subsection (h-1), the [The] board
28	28	has [exclusive] jurisdiction over the physical assets of the school
29	29	and shall administer and spend appropriations to carry out the
30	30	purposes of the school as provided by Section 30.051.
31	31	(h-1) The Texas Facilities Commission shall provide
32	32	facilities maintenance services for the physical facilities of the
33	33	school, including facilities construction, cabling, facility
34	34	reconfiguration, and any other services as provided by a memorandum
35	35	of understanding between the board and the Texas Facilities
36	36	Commission.
37	37	SECTION 3. Subsection (b), Section 2165.007, Government
38	38	Code, is amended to read as follows:
39	39	(b) Notwithstanding any other law, the commission shall
40	40	provide facilities management services in relation to all state
41	41	agency facilities in Travis County or a county adjacent to Travis
42	42	County. The commission's duty does not apply to:
43	43	(1) a facility owned or operated by an institution of
44	44	higher education;
45	45	(2) military facilities;
46	46	(3) facilities owned or operated by the Texas
47	47	Department of Criminal Justice;
48	48	(4) facilities owned or operated by the Texas Juvenile
49	49	Justice Department [Youth Commission];
50	50	(5) facilities owned or operated by the Texas
51	51	Department of Transportation;
52	52	(6) the Capitol, including the Capitol Extension, the
53	53	General Land Office building, the Bob Bullock Texas State History
54	54	Museum, any museum located on the Capitol grounds, the Governor's
55	55	Mansion, and any property maintained by the Texas Historical
56	56	Commission under Sections 442.0072 and 442.0073;
57	57	(7) a facility determined by the commission to be
58	58	completely residential;
59	59	(8) a regional or field office of a state agency;
60	60	(9) a facility located within or on state park
61	61	property;
62	62	(10) the property known as the Finance Commission
63	63	Building described by deed recorded in Volume 5080, Page 1099, of
64	64	the Deed Records of Travis County, Texas; [or]
65	65	(11) the property known as the Credit Union Department
66	66	Building described by deed recorded in Volume 6126, Page 27, of the
67	67	Deed Records of Travis County, Texas;
68	68	(12) facilities owned or operated by the Texas School
69	69	for the Blind and Visually Impaired; or
70	70	(13) facilities owned or operated by the Texas School
71	71	for the Deaf.
72	72	SECTION 4. (a) Not later than January 1, 2014, the
73	73	following are transferred from the Texas School for the Blind and
74	74	Visually Impaired to the Texas Facilities Commission:
75	75	(1) the powers, duties, functions, programs, and
76	76	activities of the Texas School for the Blind and Visually Impaired
77	77	relating to the maintenance of the school's physical facilities;
78	78	(2) any obligations and contracts of the Texas School
79	79	for the Blind and Visually Impaired that are directly related to
80	80	implementing a power, duty, function, program, or activity
81	81	transferred under this subsection; and
82	82	(3) all property and records in the custody of the
83	83	Texas School for the Blind and Visually Impaired that are related to
84	84	a power, duty, function, program, or activity transferred under
85	85	this subsection and all funds appropriated by the legislature for
86	86	that power, duty, function, program, or activity.
87	87	(b) The Texas Facilities Commission and the Texas School for
88	88	the Blind and Visually Impaired shall enter into a memorandum of
89	89	understanding as provided by Subsection (h-1), Section 30.022,
90	90	Education Code, as added by this Act, that:
91	91	(1) identifies in detail the applicable powers and
92	92	duties that are transferred between the two agencies by this Act;
93	93	and
94	94	(2) establishes a plan for the identification and
95	95	transfer of the records, personnel, property, and unspent
96	96	appropriations of the Texas School for the Blind and Visually
97	97	Impaired that are used for purposes of the commission's powers and
98	98	duties directly related to the maintenance of the school's physical
99	99	facilities under Section 30.022, Education Code.
100	100	SECTION 5. (a) Not later than January 1, 2014, the
101	101	following are transferred from the Texas School for the Deaf to the
102	102	Texas Facilities Commission:
103	103	(1) the powers, duties, functions, programs, and
104	104	activities of the Texas School for the Deaf relating to the
105	105	maintenance of the school's physical facilities;
106	106	(2) any obligations and contracts of the Texas School
107	107	for the Deaf that are directly related to implementing a power,
108	108	duty, function, program, or activity transferred under this
109	109	subsection; and
110	110	(3) all property and records in the custody of the
111	111	Texas School for the Deaf that are related to a power, duty,
112	112	function, program, or activity transferred under this subsection
113	113	and all funds appropriated by the legislature for that power, duty,
114	114	function, program, or activity.
115	115	(b) The Texas Facilities Commission and the Texas School for
116	116	the Deaf shall enter into a memorandum of understanding as provided
117	117	by Subsection (h-1), Section 30.052, Education Code, as added by
118	118	this Act, that:
119	119	(1) identifies in detail the applicable powers and
120	120	duties that are transferred between the two agencies by this Act;
121	121	and
122	122	(2) establishes a plan for the identification and
123	123	transfer of the records, personnel, property, and unspent
124	124	appropriations of the Texas School for the Deaf that are used for
125	125	purposes of the commission's powers and duties directly related to
126	126	the maintenance of the school's physical facilities under Section
127	127	30.052, Education Code.
128	128	SECTION 6. This Act takes effect September 1, 2013.