By: Birdwell S.B. No. 1729
(In the Senate - Filed March 9, 2017; March 23, 2017, read
first time and referred to Committee on Business & Commerce;
April 26, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; April 26, 2017,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 1729 By: Creighton
A BILL TO BE ENTITLED
AN ACT
relating to the reporting and disposition of certain state-owned
real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 2166, Government Code, is
amended by adding Sections 2166.109, 2166.110, and 2166.111 to read
as follows:
Sec. 2166.109. CONSOLIDATED DATABASE OF STATE-OWNED REAL
PROPERTY ASSETS. (a) Notwithstanding Section 2166.003, this
section applies to all state agencies, including a state agency
otherwise exempt from this chapter under that section, other than a
state institution of higher education.
(b) The commission shall establish and maintain a
centralized, consolidated database for state-owned real property
assets. The commission shall design the database to provide a broad
overview of state agency real property assets and require state
agencies to provide more generalized, less detailed information on
real property assets than is required under Subchapter E, Chapter
31, Natural Resources Code.
(c) The commission by rule shall prescribe:
(1) the information required for the database and the
form for a state agency to provide the information;
(2) the responsibilities and access rights of the
commission and other state agencies related to the database; and
(3) a schedule for establishing the database and for
state agencies to submit information to the commission for
inclusion in the database.
(d) Each state agency shall submit to the commission in
accordance with commission rules:
(1) not later than September 30 of each even-numbered
year, the agency's inventory of state-owned real property assets
current as of the last day of the most recent state fiscal year; and
(2) not later than the 90th day after the date of the
occurrence, a description of any acquisition, disposition, or
significant change in condition or status of a real property asset
included in the agency's inventory.
Sec. 2166.110. BIENNIAL REPORT. Not later than December 1
of each even-numbered year, the commission shall submit a report to
the governor and legislature on the status of all state-owned real
property assets included in the database maintained under Section
2166.109.
Sec. 2166.111. DISPOSITION OF STATE-OWNED REAL PROPERTY.
(a) A state agency in the executive branch of state government
shall notify the commission at least 60 days before the date of any
planned sale, lease, exchange, or other disposition of a
state-owned real property asset included in the agency's inventory
under Section 2166.109.
(b) Not later than the 30th day after the date of receiving
notice from a state agency under Subsection (a), the commission
shall submit to the state agency and governor a recommendation on
whether the property is suitable to meet an identified space need of
another state agency.
(c) A state agency may not sell, lease, exchange, or
otherwise dispose of property the commission recommends as suitable
to meet an identified space need of another state agency unless the
governor, in writing, authorizes the agency to proceed with the
sale, lease, exchange, or other disposition.
(d) This section does not apply to the disposition of a
state highway right-of-way or to any legislative action directing
the disposition of state-owned real property.
SECTION 2. (a) The Texas Facilities Commission is required
to implement this Act only if the legislature appropriates money
specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the commission
may, but is not required to, implement this Act using other
appropriations available for that purpose.
(b) A state agency is not required to comply with Section
2166.109 or 2166.111, Government Code, as added by this Act, until
the Texas Facilities Commission has established the database and
adopted the rules required by Section 2166.109, Government Code.
SECTION 3. This Act takes effect September 1, 2017.
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