Texas 2013 - 83rd Regular

Texas Senate Bill SB507 Compare Versions

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1	1	83R27589 YDB-D
2	2	By: Watson, et al. S.B. No. 507
3	3	(J. Davis of Harris)
4	4	Substitute the following for S.B. No. 507: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to public and private facilities and infrastructure.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 2166.001, Government Code, is amended by
12	12	amending Subdivisions (1) and (1-a) and adding Subdivision (1-b) to
13	13	read as follows:
14	14	(1) "Capitol Complex" has the meaning prescribed by
15	15	Section 411.061(a)(1).
16	16	(1-a) "Commission" means the Texas Facilities
17	17	Commission.
18	18	(1-b) [(1-a)] "Construction" includes acquisition and
19	19	reconstruction.
20	20	SECTION 2. Section 2267.001, Government Code, as added by
21	21	Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
22	22	Session, 2011, is amended by adding Subdivisions (1-a) and (9-b) to
23	23	read as follows:
24	24	(1-a) "Commission" means the Partnership Advisory
25	25	Commission established under Chapter 2268.
26	26	(9-b) "Proposer" means a private entity that submits a
27	27	proposal for a qualifying project to a responsible governmental
28	28	entity.
29	29	SECTION 3. Subchapter A, Chapter 2267, Government Code, as
30	30	added by Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature,
31	31	Regular Session, 2011, is amended by adding Sections 2267.005,
32	32	2267.006, 2267.007, and 2267.008 to read as follows:
33	33	Sec. 2267.005. APPLICABILITY OF MUNICIPAL ZONING
34	34	REGULATIONS. (a) Except as provided by Subsection (b) and Section
35	35	2267.006, a qualifying project that is to be performed or located in
36	36	a municipality must comply with the zoning and land use regulations
37	37	of the municipality.
38	38	(b) This section does not apply to a qualifying project
39	39	that:
40	40	(1) uses a building, other structure, or land under
41	41	the control, administration, or jurisdiction of a state agency for
42	42	the same public purposes for which the state agency is authorized
43	43	under the governing law that established the agency to use the
44	44	building, structure, or land; or
45	45	(2) is located within the Capitol Complex, as defined
46	46	by Section 411.061(a)(1).
47	47	Sec. 2267.006. SPECIAL BOARD OF REVIEW. (a) If a
48	48	qualifying project involving a state facility or state-owned land
49	49	does not comply with the zoning and land use regulations of a
50	50	municipality as required by Section 2267.005 and the municipality
51	51	denies a rezoning request for the qualifying project, the matter
52	52	may be appealed to a special board of review consisting of the
53	53	following members:
54	54	(1) the land commissioner;
55	55	(2) the administrative head of the governing body of
56	56	the responsible governmental entity;
57	57	(3) the mayor of the municipality;
58	58	(4) the county judge of the county in which the
59	59	municipality is located;
60	60	(5) one state senator from the area impacted by the
61	61	project, selected by the lieutenant governor;
62	62	(6) one member of the house of representatives from
63	63	the area impacted by the project, selected by the speaker of the
64	64	house of representatives; and
65	65	(7) the commission member, appointed by the governor.
66	66	(b) The land commissioner shall serve as presiding officer
67	67	of the special board of review.
68	68	(c) The special board of review shall conduct one or more
69	69	public hearings to consider the proposed qualifying project. The
70	70	hearings must be conducted in accordance with rules adopted by the
71	71	General Land Office for conduct of special review. The hearings are
72	72	not considered a contested case proceeding under Chapter 2001.
73	73	(d) If after the hearings, the special board of review
74	74	determines that the zoning and land use regulations are detrimental
75	75	to the best interest of this state, the special board of review
76	76	shall issue an order establishing a development plan to govern the
77	77	use of the real property related to the qualifying project.
78	78	Development of the real property must be in accordance with the plan
79	79	and comply with all applicable municipal regulations, orders, or
80	80	ordinances except as specifically identified by the order of the
81	81	special board of review. If substantial progress is not made in
82	82	implementing the qualifying project before the fifth anniversary of
83	83	the date the development plan is adopted by the special board of
84	84	review, the municipal zoning and land use regulations become
85	85	applicable to development of the property, unless the special board
86	86	of review adopts a new development plan.
87	87	(e) A development plan adopted by the special board of
88	88	review and any plan accepted by a responsible governmental entity
89	89	is final and binding on the state, the responsible governmental
90	90	entity, lessees, successors in interest and assigns, and the
91	91	affected municipality unless revised by the special board of
92	92	review.
93	93	(f) A responsible governmental entity, builder, developer,
94	94	or any other person may not modify the development plan without
95	95	specific approval by the special board of review.
96	96	Sec. 2267.007. CONFLICT OF INTEREST. An employee of a
97	97	responsible governmental entity or a person related to the employee
98	98	within the second degree by consanguinity or affinity, as
99	99	determined under Chapter 573, may not accept money, a financial
100	100	benefit, or other consideration from a contracting person that has
101	101	entered into a comprehensive agreement with the responsible
102	102	governmental entity.
103	103	Sec. 2267.008. PROHIBITED EMPLOYMENT WITH FORMER OR RETIRED
104	104	GOVERNMENTAL ENTITY EMPLOYEES. (a) A contracting person may not
105	105	employ or enter into a professional services contract or a
106	106	consulting services contract under Chapter 2254 with a former or
107	107	retired employee of the responsible governmental entity with which
108	108	the person has entered into a comprehensive agreement before the
109	109	first anniversary of the date on which the former or retired
110	110	employee terminates employment with the entity.
111	111	(b) This section does not prohibit the contracting person
112	112	from entering into a professional services contract with a
113	113	corporation, firm, or other business organization that employs a
114	114	former or retired employee of the responsible governmental entity
115	115	before the first anniversary of the date the former or retired
116	116	employee terminates employment with the entity if the former or
117	117	retired employee does not perform services for the corporation,
118	118	firm, or other business organization under the comprehensive
119	119	agreement with the responsible governmental entity that the former
120	120	or retired employee worked on before terminating employment with
121	121	the entity.
122	122	SECTION 4. Section 2267.051, Government Code, as added by
123	123	Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
124	124	Session, 2011, is amended by amending Subsection (a) and adding
125	125	Subsection (a-1) to read as follows:
126	126	(a) Except as provided by Subsection (a-1), a [A] person may
127	127	not develop or operate a qualifying project unless the person
128	128	obtains the approval of and contracts with the responsible
129	129	governmental entity under this chapter. The person may initiate
130	130	the approval process by submitting a proposal requesting approval
131	131	under Section 2267.053(a), or the responsible governmental entity
132	132	may request proposals or invite bids under Section 2267.053(b).
133	133	(a-1) A person may not develop or operate a qualifying
134	134	project on property located within the Capitol Complex, as defined
135	135	by Section 411.061(a)(1), unless the person obtains the approval of
136	136	and contracts with the responsible governmental entity under this
137	137	chapter. The person may not initiate the approval process by
138	138	submitting a proposal requesting approval under Section
139	139	2267.053(a). However, the responsible governmental entity may
140	140	request proposals or invite bids under Section 2267.053(b).
141	141	SECTION 5. Section 2267.052, Government Code, as added by
142	142	Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
143	143	Session, 2011, is amended by amending Subsections (b) and (c) and
144	144	adding Subsections (c-1) and (d) to read as follows:
145	145	(b) The guidelines for a responsible governmental entity
146	146	described by Section 2267.001(5)(A) must:
147	147	(1) require the responsible governmental entity to:
148	148	(A) make a representative of the entity available
149	149	to meet with persons who are considering submitting a proposal; and
150	150	(B) provide notice of the representative's
151	151	availability;
152	152	(2) provide reasonable criteria for choosing among
153	153	competing proposals;
154	154	(3) contain suggested timelines for selecting
155	155	proposals and negotiating an interim or comprehensive agreement;
156	156	(4) allow the responsible governmental entity to
157	157	accelerate the selection, review, and documentation timelines for
158	158	proposals involving a qualifying project considered a priority by
159	159	the entity;
160	160	(5) include financial review and analysis procedures
161	161	that at a minimum consist of:
162	162	(A) a cost-benefit analysis;
163	163	(B) an assessment of opportunity cost;
164	164	(C) consideration of the degree to which
165	165	functionality and services similar to the functionality and
166	166	services to be provided by the proposed project are already
167	167	available in the private market; and
168	168	(D) consideration of the results of all studies
169	169	and analyses related to the proposed qualifying project;
170	170	(6) allow the responsible governmental entity to
171	171	consider the nonfinancial benefits of a proposed qualifying
172	172	project;
173	173	(7) for a proposed qualifying project to improve real
174	174	property, require the responsible governmental entity to evaluate
175	175	the project's design quality, life-cycle costs, and relationship to
176	176	any relevant comprehensive planning or zoning requirements;
177	177	(8) include criteria for:
178	178	(A) the qualifying project, including the scope,
179	179	costs, and duration of the project and the involvement or impact of
180	180	the project on multiple public entities;
181	181	(B) the creation of and the responsibilities of
182	182	an oversight committee, with members representing the responsible
183	183	governmental entity, that acts as an advisory committee to review
184	184	the terms of any proposed interim or comprehensive agreement; and
185	185	(C) compliance with the requirements of Chapter
186	186	2268;
187	187	(9) [(8)] require the responsible governmental entity
188	188	to analyze the adequacy of the information to be released by the
189	189	entity when seeking competing proposals and require that the entity
190	190	provide more detailed information, if the entity determines
191	191	necessary, to encourage competition, subject to Section
192	192	2267.053(g);
193	193	(10) [(9)] establish criteria, key decision points,
194	194	and approvals required to ensure that the responsible governmental
195	195	entity considers the extent of competition before selecting
196	196	proposals and negotiating an interim or comprehensive agreement;
197	197	and
198	198	(11) [(10)] require the posting and publishing of
199	199	public notice of a proposal requesting approval of a qualifying
200	200	project, including:
201	201	(A) specific information and documentation
202	202	regarding the nature, timing, and scope of the qualifying project,
203	203	as required under Section 2267.053(a);
204	204	(B) a reasonable period, as determined by the
205	205	responsible governmental entity, of not less than 45 days or more
206	206	than 180 days, or a longer period specified by the governing body of
207	207	the responsible governmental entity to accommodate a large-scale
208	208	project, [as determined by the responsible governmental entity,] to
209	209	encourage competition and partnerships with private entities and
210	210	other persons in accordance with the goals of this chapter, during
211	211	which the responsible governmental entity must accept submission of
212	212	competing proposals for the qualifying project; and
213	213	(C) a requirement for advertising the notice on
214	214	the governmental entity's Internet website and on TexasOnline or
215	215	the state's official Internet website.
216	216	(c) The guidelines of a responsible governmental entity
217	217	described by Section 2267.001(5)(B) must include:
218	218	(1) [may include] the provisions required under
219	219	Subsection (b); and
220	220	(2) [must include] a requirement that the governmental
221	221	entity engage the services of qualified professionals, including an
222	222	architect, professional engineer, or certified public accountant,
223	223	not otherwise employed by the governmental entity, to provide
224	224	independent analyses regarding the specifics, advantages,
225	225	disadvantages, and long-term and short-term costs of any proposal
226	226	requesting approval of a qualifying project unless the governing
227	227	body of the governmental entity determines that the analysis of the
228	228	proposal is to be performed by similarly qualified employees of the
229	229	governmental entity.
230	230	(c-1) If the qualifying project proposal is for the
231	231	construction or renovation of a structure and the estimated cost of
232	232	the project is $5 million or more, the analyses required under
233	233	Subsection (c)(2) must include an analysis by an architect, a
234	234	professional engineer, and a certified public accountant.
235	235	(d) A responsible governmental entity described by Section
236	236	2267.001(5)(A) shall submit a copy of the guidelines adopted by the
237	237	entity under this section to the commission for approval by the
238	238	commission. The commission shall prescribe the procedure for
239	239	submitting the guidelines for review under this section. The
240	240	governmental entity may not request or consider a proposal for a
241	241	qualifying project until the guidelines are approved by the
242	242	commission. The guidelines are considered disapproved unless the
243	243	commission by majority vote of the commission members present and
244	244	voting approves the guidelines not later than the 90th day after the
245	245	date the commission receives the copy of the guidelines from the
246	246	responsible governmental entity.
247	247	SECTION 6. Section 2267.053, Government Code, as added by
248	248	Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
249	249	Session, 2011, is amended by amending Subsections (a), (b), (g),
250	250	and (h) and adding Subsections (a-1), (b-1), and (b-2) to read as
251	251	follows:
252	252	(a) A private entity or other person may submit a proposal
253	253	requesting approval of a qualifying project by the responsible
254	254	governmental entity. The proposal must be accompanied by the
255	255	following, unless waived by the responsible governmental entity:
256	256	(1) a topographic map, with a 1:2,000 or other
257	257	appropriate scale, indicating the location of the qualifying
258	258	project;
259	259	(2) a description of the qualifying project,
260	260	including:
261	261	(A) the conceptual design of any facility or a
262	262	conceptual plan for the provision of services or technology
263	263	infrastructure; and
264	264	(B) a schedule for the initiation of and
265	265	completion of the qualifying project that includes the proposed
266	266	major responsibilities and timeline for activities to be performed
267	267	by the governmental entity and the person;
268	268	(3) a statement of the method the person proposes for
269	269	securing necessary property interests required for the qualifying
270	270	project;
271	271	(4) information relating to any current plans for the
272	272	development of facilities or technology infrastructure to be used
273	273	by a governmental entity that are similar to the qualifying project
274	274	being proposed by the person for each affected jurisdiction;
275	275	(5) a list of all permits and approvals required for
276	276	the development and completion of the qualifying project from
277	277	local, state, or federal agencies and a projected schedule for
278	278	obtaining the permits and approvals;
279	279	(6) a list of any facilities that will be affected by
280	280	the qualifying project and a statement of the person's plans to
281	281	accommodate the affected facilities;
282	282	(7) a statement on the person's general plans for
283	283	financing the qualifying project, including the sources of the
284	284	person's funds and identification of any dedicated revenue source
285	285	or proposed debt or equity investment for the person;
286	286	(8) the name and address of each individual who may be
287	287	contacted for further information concerning the request;
288	288	(9) user fees, lease payments, and other service
289	289	payments over the term of any applicable interim or comprehensive
290	290	agreement and the methodology and circumstances for changes to the
291	291	user fees, lease payments, and other service payments over time;
292	292	(10) a statement of the specific public purpose served
293	293	by the qualifying project;
294	294	(11) a statement describing the qualifying project's
295	295	compliance with the responsible governmental entity's best value
296	296	determination under Subsection (b-1); and
297	297	(12) [(10)] any additional material and information
298	298	the responsible governmental entity reasonably requests.
299	299	(a-1) A responsible governmental entity that accepts an
300	300	unsolicited proposal for a qualifying project under Subsection (a),
301	301	in accordance with the requirements of Section 2267.052(b)(11)(B),
302	302	shall select the contracting person for the project by soliciting
303	303	additional proposals through a request for qualifications, request
304	304	for proposals, or invitation to bid.
305	305	(b) A responsible governmental entity may request proposals
306	306	or invite bids from persons for the development or operation of a
307	307	qualifying project.
308	308	(b-1) A responsible governmental entity shall make a best
309	309	value determination in evaluating the proposals received and
310	310	consider the total project cost as one factor in evaluating the
311	311	proposals. The responsible governmental entity [received, but] is
312	312	not required to select the proposal that offers the lowest total
313	313	project cost and[. The responsible governmental entity] may
314	314	consider the following factors:
315	315	(1) the proposed cost of the qualifying project;
316	316	(2) the general reputation, industry experience, and
317	317	financial capacity of the person submitting a proposal;
318	318	(3) the proposed design and overall quality of the
319	319	qualifying project;
320	320	(4) the eligibility of the project for accelerated
321	321	selection, review, and documentation timelines under the
322	322	responsible governmental entity's guidelines;
323	323	(5) comments from local citizens and affected
324	324	jurisdictions;
325	325	(6) benefits to the public;
326	326	(7) the person's good faith effort to comply with the
327	327	goals of a historically underutilized business plan;
328	328	(8) the person's plans to employ local contractors and
329	329	residents;
330	330	(9) for a qualifying project that involves a
331	331	continuing role beyond design and construction, the person's
332	332	proposed rate of return and opportunities for revenue sharing;
333	333	(10) the relationship and conformity of the qualifying
334	334	project to a state or local community plan impacted by the
335	335	qualifying project or to the uses of property surrounding the
336	336	qualifying project;
337	337	(11) the historic significance of the property on
338	338	which the qualifying project is proposed to be located;
339	339	(12) the environmental impact of the qualifying
340	340	project; and
341	341	(13) [(10)] other criteria that the responsible
342	342	governmental entity considers appropriate.
343	343	(b-2) A responsible governmental entity may approve a
344	344	qualifying project that the governmental entity determines serves a
345	345	public purpose. The responsible governmental entity must include
346	346	in the comprehensive agreement for the qualifying project a written
347	347	declaration of the specific public purpose served by the project.
348	348	(g) The responsible governmental entity shall take action
349	349	appropriate under Section 552.153 to protect confidential and
350	350	proprietary information provided by a proposer and by the
351	351	contracting person under an agreement.
352	352	(h) Before entering into [the negotiation of] an interim or
353	353	comprehensive agreement, each responsible governmental entity
354	354	described by Section 2267.001(5)(A) must submit copies of detailed
355	355	proposals, including drafts of any interim agreement and the
356	356	comprehensive agreement, to the Partnership Advisory Commission in
357	357	accordance with Chapter 2268.
358	358	SECTION 7. Subsection (a), Section 2267.058, Government
359	359	Code, as added by Chapter 1334 (S.B. 1048), Acts of the 82nd
360	360	Legislature, Regular Session, 2011, is amended to read as follows:
361	361	(a) Before developing or operating the qualifying project,
362	362	the contracting person must enter into a comprehensive agreement
363	363	with a responsible governmental entity. The comprehensive
364	364	agreement shall provide for:
365	365	(1) delivery of letters of credit or other security in
366	366	connection with the development or operation of the qualifying
367	367	project, in the forms and amounts satisfactory to the responsible
368	368	governmental entity, and delivery of performance and payment bonds
369	369	in compliance with Chapter 2253 for all construction activities;
370	370	(2) review of plans and specifications for the
371	371	qualifying project by the responsible governmental entity and
372	372	approval by the responsible governmental entity indicating that
373	373	[if] the plans and specifications conform to standards acceptable
374	374	to the responsible governmental entity, except that the contracting
375	375	person may not be required to provide final design documents for
376	376	[complete the design of] a qualifying project before the execution
377	377	of a comprehensive agreement;
378	378	(3) inspection of the qualifying project by the
379	379	responsible governmental entity to ensure that the contracting
380	380	person's activities are acceptable to the responsible governmental
381	381	entity in accordance with the comprehensive agreement;
382	382	(4) maintenance of a public liability insurance
383	383	policy, copies of which must be filed with the responsible
384	384	governmental entity accompanied by proofs of coverage, or
385	385	self-insurance, each in the form and amount satisfactory to the
386	386	responsible governmental entity and reasonably sufficient to
387	387	ensure coverage of tort liability to the public and project
388	388	employees and to enable the continued operation of the qualifying
389	389	project;
390	390	(5) monitoring of the practices of the contracting
391	391	person by the responsible governmental entity to ensure that the
392	392	qualifying project is properly maintained;
393	393	(6) reimbursement to be paid to the responsible
394	394	governmental entity for services provided by the responsible
395	395	governmental entity;
396	396	(7) filing of appropriate financial statements on a
397	397	periodic basis; and
398	398	(8) policies and procedures governing the rights and
399	399	responsibilities of the responsible governmental entity and the
400	400	contracting person if the comprehensive agreement is terminated or
401	401	there is a material default by the contracting person, including
402	402	conditions governing:
403	403	(A) assumption of the duties and
404	404	responsibilities of the contracting person by the responsible
405	405	governmental entity; and
406	406	(B) the transfer or purchase of property or other
407	407	interests of the contracting person to the responsible governmental
408	408	entity.
409	409	SECTION 8. The heading to Section 2267.066, Government
410	410	Code, is amended to read as follows:
411	411	Sec. 2267.066. POSTING OF PROPOSALS; PUBLIC COMMENT; PUBLIC
412	412	ACCESS TO PROCUREMENT RECORDS; FINAL VOTE.
413	413	SECTION 9. Section 2267.066, Government Code, is amended by
414	414	amending Subsections (c) and (d) and adding Subsection (e-1) to
415	415	read as follows:
416	416	(c) Trade secrets, proprietary information, and financial
417	417	records[, or other records] of a proposer are [the contracting
418	418	person] excluded from disclosure under Section 552.101 and may not
419	419	be posted or made available for public inspection except as
420	420	otherwise agreed to by the responsible governmental entity and the
421	421	proposer [contracting person]. After submission by a responsible
422	422	governmental entity of a detailed qualifying project proposal to
423	423	the commission, the trade secrets, proprietary information, and
424	424	financial records of the proposer are not protected from disclosure
425	425	unless expressly excepted from the requirements of Chapter 552 or
426	426	considered confidential under other law.
427	427	(d) The responsible governmental entity shall hold a public
428	428	hearing on the proposal during the proposal review process not
429	429	later than the 30th day before the date the entity enters into an
430	430	interim or comprehensive agreement. The public hearing shall be
431	431	held in the area in which the proposed qualifying project is to be
432	432	performed.
433	433	(e-1) After making the proposed comprehensive agreement
434	434	available as required by Subsection (e), the responsible
435	435	governmental entity shall hold a public hearing on the final
436	436	version of the proposed comprehensive agreement and vote on the
437	437	proposed comprehensive agreement after the hearing. The hearing
438	438	must be held not later than the 10th day before the date the entity
439	439	enters into a comprehensive agreement with a contracting person.
440	440	SECTION 10. Subchapter B, Chapter 2267, Government Code, as
441	441	added by Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature,
442	442	Regular Session, 2011, is amended by adding Section 2267.067 to
443	443	read as follows:
444	444	Sec. 2267.067. QUALIFYING PROJECT IN CAPITOL COMPLEX.
445	445	(a) A qualifying project for property located in the Capitol
446	446	Complex, as defined by Section 411.061(a)(1), must be consistent
447	447	with Capitol Complex design guidelines or standards adopted as part
448	448	of a 1989 planning process or subsequently adopted based on a
449	449	Capitol Complex master plan developed thereafter.
450	450	(b) A responsible governmental entity shall include design
451	451	guidelines and standards defined in Subsection (a) in the request
452	452	for proposals or invitation for bids for the development or
453	453	operation of a qualifying project and inform the persons who submit
454	454	proposals of the requirement to comply with the design guidelines
455	455	and standards. The final proposal or invitation must be submitted
456	456	to the State Preservation Board for verification that the proposal
457	457	complies with the standards.
458	458	(c) A responsible governmental entity shall submit a final
459	459	qualifying project proposal for property in the area described by
460	460	Subsection (a) to the State Preservation Board. The State
461	461	Preservation Board by majority vote may disapprove the proposal not
462	462	later than the 60th day after the date the proposal is received.
463	463	(d) A responsible governmental entity may not approve a
464	464	qualifying project proposal for property in the area described by
465	465	Subsection (a) before September 1, 2015. This subsection expires
466	466	September 1, 2015.
467	467	SECTION 11. Subsection (a), Section 2268.052, Government
468	468	Code, is amended to read as follows:
469	469	(a) The commission consists of the following six [11]
470	470	members:
471	471	(1) the chair of the House Appropriations Committee
472	472	[or the chair's designee];
473	473	(2) one representative [three representatives]
474	474	appointed by the speaker of the house of representatives;
475	475	(3) the chair of the Senate Finance Committee [or the
476	476	chair's designee];
477	477	(4) one senator [three senators] appointed by the
478	478	lieutenant governor; [and]
479	479	(5) the executive director of the State Preservation
480	480	Board, who serves as a nonvoting member; and
481	481	(6) one public member [three representatives of the
482	482	executive branch,] appointed by the governor.
483	483	SECTION 12. Section 2268.053, Government Code, is amended
484	484	to read as follows:
485	485	Sec. 2268.053. PRESIDING OFFICER. (a) The executive
486	486	director of the State Preservation Board shall serve as presiding
487	487	officer of the commission.
488	488	(b) The members of the commission shall elect from among the
489	489	legislative members [a presiding officer and] an assistant
490	490	presiding officer to serve a two-year term [terms].
491	491	SECTION 13. Subsection (a), Section 2268.056, Government
492	492	Code, is amended to read as follows:
493	493	(a) The State Preservation Board [legislative body that the
494	494	presiding officer serves] shall provide administrative staff
495	495	support for the commission.
496	496	SECTION 14. Subchapter B, Chapter 2268, Government Code, is
497	497	amended by adding Section 2268.0585 to read as follows:
498	498	Sec. 2268.0585. DISAPPROVAL OF QUALIFYING PROJECT
499	499	PROPOSALS OF CERTAIN RESPONSIBLE GOVERNMENTAL ENTITIES. The
500	500	commission by majority vote may disapprove a qualifying project
501	501	proposal submitted by a governmental entity described by Section
502	502	2267.001(5)(A).
503	503	SECTION 15. Section 552.153, Government Code, as added by
504	504	Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
505	505	Session, 2011, is amended by amending Subsection (b) and adding
506	506	Subsection (d) to read as follows:
507	507	(b) Information in the custody of a responsible
508	508	governmental entity that relates to a proposal for a qualifying
509	509	project authorized under Chapter 2267 is excepted from the
510	510	requirements of Section 552.021 if:
511	511	(1) the information consists of memoranda, staff
512	512	evaluations, or other records prepared by the responsible
513	513	governmental entity, its staff, outside advisors, or consultants
514	514	exclusively for the evaluation and negotiation of proposals filed
515	515	under Chapter 2267 for which:
516	516	(A) disclosure to the public before or after the
517	517	execution of an interim or comprehensive agreement would adversely
518	518	affect the financial interest or bargaining position of the
519	519	responsible governmental entity; and
520	520	(B) the basis for the determination under
521	521	Paragraph (A) is documented in writing by the responsible
522	522	governmental entity; or
523	523	(2) the records are provided by a proposer
524	524	[contracting person] to a responsible governmental entity or
525	525	affected jurisdiction under Chapter 2267 and contain:
526	526	(A) trade secrets of the proposer [contracting
527	527	person];
528	528	(B) financial records of the proposer
529	529	[contracting person], including balance sheets and financial
530	530	statements, that are not generally available to the public through
531	531	regulatory disclosure or other means; or
532	532	(C) proprietary [other] information submitted by
533	533	the proposer [contracting person] that, if made public before the
534	534	execution of an interim or comprehensive agreement, would provide a
535	535	competing proposer an unjust advantage or adversely affect the
536	536	financial interest or bargaining position of the responsible
537	537	governmental entity or the proposer [person].
538	538	(d) In this section, "proposer" has the meaning assigned by
539	539	Section 2267.001, as added by Chapter 1334 (S.B. 1048), Acts of the
540	540	82nd Legislature, Regular Session, 2011.
541	541	SECTION 16. Subsection (c), Section 211.013, Local
542	542	Government Code, is amended to read as follows:
543	543	(c) Except as provided by Section 2267.005, Government
544	544	Code, this [This] subchapter does not apply to a building, other
545	545	structure, or land under the control, administration, or
546	546	jurisdiction of a state or federal agency.
547	547	SECTION 17. Subsection (e), Section 31.155, Natural
548	548	Resources Code, is amended to read as follows:
549	549	(e) The duties of the division to make recommendations
550	550	regarding real property and of the commissioner to prepare a report
551	551	involving real property under this subchapter do not apply to:
552	552	(1) the real property of the Texas Historical
553	553	Commission;
554	554	(2) the real property comprising the Alamo;
555	555	(3) the real property comprising the French Legation;
556	556	(4) the real property comprising the Governor's
557	557	Mansion;
558	558	(5) the real property comprising the Texas State
559	559	Cemetery, more specifically described as 17.376 acres located at
560	560	801 Comal, Lot 5, Division B, City of Austin, Travis County, Texas;
561	561	(6) the real property administered by the State
562	562	Preservation Board; [and]
563	563	(7) highway rights-of-way owned by the Texas
564	564	Department of Transportation; and
565	565	(8) the real property located in the Capitol Complex
566	566	as defined by Section 411.061(a)(1), Government Code.
567	567	SECTION 18. (a) The term of the presiding officer of the
568	568	Partnership Advisory Commission serving immediately before the
569	569	effective date of this Act expires on the effective date of this
570	570	Act. This subsection does not affect the entitlement of that
571	571	individual to continue to serve as a member of the commission.
572	572	(b) Not later than December 1, 2016, the Partnership
573	573	Advisory Commission established under Chapter 2268, Government
574	574	Code, shall submit to the lieutenant governor, the speaker of the
575	575	house of representatives, and the appropriate legislative standing
576	576	committees recommendations on proposed amendments to Chapters 2267
577	577	and 2268, Government Code.
578	578	SECTION 19. If Senate Bill No. 894, 83rd Legislature,
579	579	Regular Session, or similar legislation exempting property in the
580	580	Capitol Complex as defined by Subdivision (1), Subsection (a),
581	581	Section 411.061, Government Code, from Chapter 2267, Government
582	582	Code, as added by Chapter 1334 (Senate Bill No. 1048), Acts of the
583	583	82nd Legislature, Regular Session, 2011, is passed and signed into
584	584	law, Sections 4 and 10 of this Act do not take effect.
585	585	SECTION 20. This Act takes effect September 1, 2013.