Texas 2015 - 84th Regular

Texas House Bill HB3750 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Simmons, Lucio III, Murr H.B. No. 3750
2		-	(Senate Sponsor - Birdwell)
3		-	(In the Senate - Received from the House May 18, 2015;
4		-	May 19, 2015, read first time and referred to Committee on Business
5		-	and Commerce; May 22, 2015, reported favorably by the following
6		-	vote: Yeas 7, Nays 0; May 22, 2015, sent to printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 3750
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to interim studies on real property owned by the state.
13	6		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	7		SECTION 1. INTERIM STUDY. (a) The State Office of Risk
15	8		Management shall conduct an interim study on insurable state
16	9		assets, using information provided by the Legislative Budget Board,
17	10		to develop a statewide strategy to ensure that all real property
18	11		owned by the state, including buildings, facilities, and land, is
19	12		adequately insured.
20	13		(b) The Legislative Budget Board shall collect the
21	14		information described by this section from each state agency and
22	15		institution of higher education that possesses real property and
23	16		require each agency and institution to submit the information to
24	17		the board by a date prescribed by the board. The board shall
25	18		coordinate with the following entities to collect the information:
26	19		(1) the comptroller of public accounts;
27	20		(2) the state auditor's office;
28	21		(3) the State Office of Risk Management;
29	22		(4) the General Land Office;
30	23		(5) the Texas Facilities Commission;
31	24		(6) the Texas Higher Education Coordinating Board; and
32	25		(7) any other state agency.
33	26		(c) The Legislative Budget Board shall coordinate the
34	27		collection of comprehensive real property data for official state
35	28		use, including for a state agency other than an institution of
36	29		higher education, as defined by Section 61.003, Education Code:
37	30		(1) for each state-owned building or facility:
38	31		(A) the name of the state agency that has charge
39	32		and control of the building or facility;
40	33		(B) the number or name of the building or
41	34		facility;
42	35		(C) the address and geographic coordinates of the
43	36		building or facility;
44	37		(D) a description of the building or facility,
45	38		including the type of construction based on the Insurance Services
46	39		Office classification system, the cost of construction, and a
47	40		statement on the quality of the construction;
48	41		(E) the year the building or facility was built
49	42		or the acquisition date of the building or facility;
50	43		(F) the number of stories and the square footage
51	44		of the building or facility;
52	45		(G) the occupancy type of the building or
53	46		facility;
54	47		(H) the amount of space in the building or
55	48		facility that is being used, expressed as a percentage;
56	49		(I) the status of the fire alarm system within
57	50		the building or facility;
58	51		(J) information on protection systems and
59	52		features of the building or facility, including fire protection
60	53		systems and features and any violations for which the building or
61	54		facility has been cited;
62	55		(K) the value of the building or facility based
63	56		on replacement value, market value, donated value, or purchase
64	57		price, including the year the building or facility was appraised;
65	58		(L) the value of the contents of the building or
66	59		facility;
67	60		(M) the fund from which the building or facility
68	61		was purchased;
69	62		(N) information on the flood zone status of the
70	63		building or facility;
71	64		(O) any surrounding use of the building or
72	65		facility; and
73	66		(P) the type of fund profiled under the uniform
74	67		statewide accounting system that the state agency used to purchase
75	68		the building or facility; and
76	69		(2) for state-owned land:
77	70		(A) the name of the state agency that has charge
78	71		and control of the land;
79	72		(B) the address and geographic coordinates of the
80	73		land;
81	74		(C) the name of the land, if any;
82	75		(D) whether a historical marker is located on the
83	76		land, and if so, a description of the historical marker;
84	77		(E) the amount of acres of the land;
85	78		(F) whether the land is located in a flood zone;
86	79		(G) any surrounding use of the land;
87	80		(H) the value of the land based on market value,
88	81		donated value, or purchase price and the year the land was
89	82		appraised; and
90	83		(I) the fund from which the land was purchased.
91	84		(d) The Legislative Budget Board shall collect the real
92	85		property data of an institution of higher education, as defined by
93	86		Section 61.003, Education Code, from:
94	87		(1) the Texas Higher Education Coordinating Board, as
95	88		such data is reported to that board, including, for each building or
96	89		facility owned by an institution:
97	90		(A) the name of the institution that has charge
98	91		and control of the building or facility, including the number
99	92		assigned to the institution by the Federal Interagency Committee on
100	93		Education;
101	94		(B) the number or name of the building or
102	95		facility;
103	96		(C) the address and geographic coordinates of the
104	97		building or facility;
105	98		(D) a description of the building or facility,
106	99		including the type of construction;
107	100		(E) the year the building or facility was built
108	101		or the acquisition date of the building or facility;
109	102		(F) the number of stories and the square footage
110	103		of the building or facility;
111	104		(G) the occupancy type of the building or
112	105		facility;
113	106		(H) the amount of space in the building or
114	107		facility that is being used, expressed as a percentage;
115	108		(I) the value of the building or facility based
116	109		on replacement value; and
117	110		(J) information on the flood zone status of the
118	111		building or facility; and
119	112		(2) each institution of higher education, including,
120	113		for land owned by the institution:
121	114		(A) the name of the institution that has charge
122	115		and control of the land, including the number assigned to the
123	116		institution by the Federal Interagency Committee on Education;
124	117		(B) the address and geographic coordinates of the
125	118		land;
126	119		(C) the name of the land, if any;
127	120		(D) the amount of acres of the land; and
128	121		(E) the value of the land based on the market
129	122		value or acquisition value.
130	123		(e) The Legislative Budget Board shall report the
131	124		information submitted by each state agency and institution of
132	125		higher education to the State Office of Risk Management by a date
133	126		prescribed by the State Office of Risk Management.
134	127		(f) Not later than June 1, 2016, the State Office of Risk
135	128		Management shall consolidate the information received by the
136	129		Legislative Budget Board and enter it into a single database
137	130		accessible by the legislature and all state agencies and
138	131		institutions of higher education.
139	132		(g) Not later than August 31, 2016, the State Office of Risk
140	133		Management shall conduct the insurable state asset interim study
141	134		and report the office's findings and recommendations to the
142	135		legislature. The report must include a statewide strategy that
143	136		will ensure all real property owned by the state is adequately
144	137		insured.
145	138		SECTION 2. SELECT INTERIM COMMITTEES; STUDY. (a) A Senate
146	139		Select Committee on State Real Property Data Collection, Reporting,
147	140		and Assessment and a House Select Committee on State Real Property
148	141		Data Collection, Reporting, and Assessment are established to,
149	142		separately or jointly, study:
150	143		(1) the potential benefits of maintaining a
151	144		comprehensive database of all real property owned by the state;
152	145		(2) the potential financial loss to the state that
153	146		could result from the state owning uninsured and underinsured real
154	147		property;
155	148		(3) any efficiencies or cost savings potentially
156	149		achieved by requiring the General Land Office to submit the annual
157	150		report required under Section 31.157, Natural Resources Code, to
158	151		the Texas Department of Transportation, the Employees Retirement
159	152		System of Texas, and the Teacher Retirement System of Texas;
160	153		(4) the potential benefits or burdens, including
161	154		administrative burdens, of requiring each state agency and
162	155		institution of higher education to report information on the real
163	156		property it possesses, at the same time and in a uniform manner, to
164	157		a single entity, and how often the information should be reported;
165	158		(5) which state agency is best suited to collect
166	159		information on all real property owned by the state and the
167	160		appropriate method for collecting this information;
168	161		(6) the information that is currently reported by
169	162		state agencies and institutions of higher education regarding real
170	163		property of which agencies and institutions have charge and
171	164		control;
172	165		(7) the distinction between state agencies and
173	166		institutions of higher education that report information on real
174	167		property owned by the state as compared to state agencies and
175	168		institutions of higher education that collect information for a
176	169		report on real property owned by the state;
177	170		(8) information determined by the Legislative Budget
178	171		Board as necessary for the State Office of Risk Management to
179	172		conduct an insurable state asset study to develop a statewide
180	173		strategy that will ensure all real property owned by the state is
181	174		adequately insured;
182	175		(9) how often the State Office of Risk Management
183	176		should submit an insurable state asset study to the legislature;
184	177		(10) the results of the appraisal required by
185	178		Subsection (e) of this section, and the potential loss to the state
186	179		by inadequately insuring the Capitol Complex, as defined by Section
187	180		443.0071, Government Code; and
188	181		(11) other potential ways to ensure that the state is
189	182		able to identify, track, and maintain a database of the location,
190	183		condition, and replacement value of all real property owned by the
191	184		state.
192	185		(b) Not later than November 30, 2015, the lieutenant
193	186		governor shall appoint five senators to the Senate Select Committee
194	187		on State Real Property Data Collection, Reporting, and Assessment
195	188		and designate one senator to serve as the chair, and the speaker of
196	189		the house of representatives shall appoint five state
197	190		representatives to the House Select Committee on State Real
198	191		Property Data Collection, Reporting, and Assessment and select one
199	192		state representative to serve as the chair.
200	193		(c) The committees established under this section shall
201	194		convene separately at the call of the chair of the respective
202	195		committee, or jointly at the call of both chairs. In joint
203	196		meetings, the chairs of each committee shall act as joint chairs.
204	197		(d) Following consideration of the factors listed in
205	198		Subsection (a) of this section, the committees established under
206	199		this section shall jointly adopt recommendations and report in
207	200		writing any findings and adopted recommendations to the legislature
208	201		not later than January 13, 2017. The report, at a minimum, must
209	202		identify a single entity to collect information on all real
210	203		property owned by the state, including buildings, facilities, and
211	204		land.
212	205		(e) The committees established under this section shall
213	206		conduct an appraisal of all or part of the Capitol Complex, as
214	207		defined by Section 443.0071, Government Code. The appraisal must
215	208		be completed in a manner that ensures that the committees can comply
216	209		with the requirements of Subsection (a)(10) of this section. To
217	210		conduct the appraisal required under this subsection, the
218	211		committees may:
219	212		(1) use the services of the State Office of Risk
220	213		Management, including any existing appraisal contracts developed
221	214		by the office; or
222	215		(2) contract with a state certified or state licensed
223	216		real estate appraiser in accordance with Subchapter A, Chapter
224	217		2254, Government Code, and other applicable state procurement
225	218		practices.
226	219		SECTION 3. EXPIRATION. This Act expires September 1, 2017.
227	220		SECTION 4. EFFECTIVE DATE. This Act takes effect
228	221		immediately if it receives a vote of two-thirds of all the members
229	222		elected to each house, as provided by Section 39, Article III, Texas
230	223		Constitution. If this Act does not receive the vote necessary for
231	224		immediate effect, this Act takes effect September 1, 2015.
232		-	* * * * *
	225	+	______________________________ ______________________________
	226	+	President of the Senate Speaker of the House
	227	+	I certify that H.B. No. 3750 was passed by the House on May
	228	+	15, 2015, by the following vote: Yeas 124, Nays 4, 2 present, not
	229	+	voting.
	230	+	______________________________
	231	+	Chief Clerk of the House
	232	+	I certify that H.B. No. 3750 was passed by the Senate on May
	233	+	27, 2015, by the following vote: Yeas 31, Nays 0.
	234	+	______________________________
	235	+	Secretary of the Senate
	236	+	APPROVED: _____________________
	237	+	Date
	238	+	_____________________
	239	+	Governor