By: Duncan S.B. No. 1457
(Frullo)
A BILL TO BE ENTITLED
AN ACT
relating to management services for the physical facilities of the
Texas School for the Blind and Visually Impaired and the Texas
School for the Deaf.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 30.022, Education Code, is amended by
amending Subsection (h) and adding Subsection (h-1) to read as
follows:
(h) Except as provided by Subsection (h-1), the [The] board
has [exclusive] jurisdiction over the physical assets of the school
and shall administer and spend appropriations made for the benefit
of the school.
(h-1) The Texas Facilities Commission shall provide
facilities maintenance services for the physical facilities of the
school, including facilities construction, cabling, facility
reconfiguration, and any other services as provided by a memorandum
of understanding between the board and the Texas Facilities
Commission.
SECTION 2. Section 30.052, Education Code, is amended by
amending Subsection (h) and adding Subsection (h-1) to read as
follows:
(h) Except as provided by Subsection (h-1), the [The] board
has [exclusive] jurisdiction over the physical assets of the school
and shall administer and spend appropriations to carry out the
purposes of the school as provided by Section 30.051.
(h-1) The Texas Facilities Commission shall provide
facilities maintenance services for the physical facilities of the
school, including facilities construction, cabling, facility
reconfiguration, and any other services as provided by a memorandum
of understanding between the board and the Texas Facilities
Commission.
SECTION 3. Subsection (b), Section 2165.007, Government
Code, is amended to read as follows:
(b) Notwithstanding any other law, the commission shall
provide facilities management services in relation to all state
agency facilities in Travis County or a county adjacent to Travis
County. The commission's duty does not apply to:
(1) a facility owned or operated by an institution of
higher education;
(2) military facilities;
(3) facilities owned or operated by the Texas
Department of Criminal Justice;
(4) facilities owned or operated by the Texas Juvenile
Justice Department [Youth Commission];
(5) facilities owned or operated by the Texas
Department of Transportation;
(6) the Capitol, including the Capitol Extension, the
General Land Office building, the Bob Bullock Texas State History
Museum, any museum located on the Capitol grounds, the Governor's
Mansion, and any property maintained by the Texas Historical
Commission under Sections 442.0072 and 442.0073;
(7) a facility determined by the commission to be
completely residential;
(8) a regional or field office of a state agency;
(9) a facility located within or on state park
property;
(10) the property known as the Finance Commission
Building described by deed recorded in Volume 5080, Page 1099, of
the Deed Records of Travis County, Texas; [or]
(11) the property known as the Credit Union Department
Building described by deed recorded in Volume 6126, Page 27, of the
Deed Records of Travis County, Texas;
(12) facilities owned or operated by the Texas School
for the Blind and Visually Impaired; or
(13) facilities owned or operated by the Texas School
for the Deaf.
SECTION 4. (a) Not later than January 1, 2014, the
following are transferred from the Texas School for the Blind and
Visually Impaired to the Texas Facilities Commission:
(1) the powers, duties, functions, programs, and
activities of the Texas School for the Blind and Visually Impaired
relating to the maintenance of the school's physical facilities;
(2) any obligations and contracts of the Texas School
for the Blind and Visually Impaired 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 School for the Blind and Visually Impaired 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) The Texas Facilities Commission and the Texas School for
the Blind and Visually Impaired shall enter into a memorandum of
understanding as provided by Subsection (h-1), Section 30.022,
Education Code, as added by this Act, that:
(1) identifies in detail the applicable powers and
duties that are transferred between the two agencies by this Act;
and
(2) establishes a plan for the identification and
transfer of the records, personnel, property, and unspent
appropriations of the Texas School for the Blind and Visually
Impaired that are used for purposes of the commission's powers and
duties directly related to the maintenance of the school's physical
facilities under Section 30.022, Education Code.
SECTION 5. (a) Not later than January 1, 2014, the
following are transferred from the Texas School for the Deaf to the
Texas Facilities Commission:
(1) the powers, duties, functions, programs, and
activities of the Texas School for the Deaf relating to the
maintenance of the school's physical facilities;
(2) any obligations and contracts of the Texas School
for the Deaf 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 School for the Deaf 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) The Texas Facilities Commission and the Texas School for
the Deaf shall enter into a memorandum of understanding as provided
by Subsection (h-1), Section 30.052, Education Code, as added by
this Act, that:
(1) identifies in detail the applicable powers and
duties that are transferred between the two agencies by this Act;
and
(2) establishes a plan for the identification and
transfer of the records, personnel, property, and unspent
appropriations of the Texas School for the Deaf that are used for
purposes of the commission's powers and duties directly related to
the maintenance of the school's physical facilities under Section
30.052, Education Code.
SECTION 6. This Act takes effect September 1, 2013.