| 1 | 1 | | 86R5482 YDB-F |
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| 2 | 2 | | By: Thompson of Harris H.B. No. 3189 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to approval for purchases of property or construction |
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| 8 | 8 | | projects by a state agency with self-directed semi-independent |
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| 9 | 9 | | status. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter F, Chapter 2165, Government Code, is |
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| 12 | 12 | | amended by adding Section 2165.261 to read as follows: |
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| 13 | 13 | | Sec. 2165.261. PROPERTY PURCHASES AND CONSTRUCTION |
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| 14 | 14 | | PROJECTS BY SELF-DIRECTED SEMI-INDEPENDENT AGENCIES. (a) This |
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| 15 | 15 | | section applies only to a state agency that has self-directed |
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| 16 | 16 | | semi-independent status under state law. |
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| 17 | 17 | | (b) Notwithstanding Chapter 472 of this code, Chapter 16, |
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| 18 | 18 | | Finance Code, Chapter 1105, Occupations Code, or any other law, a |
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| 19 | 19 | | state agency must obtain written authorization from the governor |
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| 20 | 20 | | before allocating money for the purchase of real property or to |
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| 21 | 21 | | construct a building on real property. |
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| 22 | 22 | | (c) To apply for authorization under this section, a state |
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| 23 | 23 | | agency, in accordance with procedures prescribed by the governor, |
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| 24 | 24 | | shall: |
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| 25 | 25 | | (1) submit to the Texas Facilities Commission: |
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| 26 | 26 | | (A) a detailed description of the proposed |
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| 27 | 27 | | property purchase or construction project and the agency's need for |
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| 28 | 28 | | the purchase or project; and |
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| 29 | 29 | | (B) a request for an analysis by the commission |
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| 30 | 30 | | of any available state property or building that satisfies the |
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| 31 | 31 | | agency's need; and |
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| 32 | 32 | | (2) submit to the governor: |
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| 33 | 33 | | (A) a request for written authorization for the |
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| 34 | 34 | | purchase or project that includes the detailed description |
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| 35 | 35 | | submitted under Subdivision (1)(A), the total amount of money |
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| 36 | 36 | | required to complete the purchase or project, and the agency's |
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| 37 | 37 | | justification for the purchase or project; and |
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| 38 | 38 | | (B) the analysis obtained from the commission |
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| 39 | 39 | | under Subdivision (1)(B). |
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| 40 | 40 | | (d) A state agency that receives written authorization |
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| 41 | 41 | | under Subsection (c) shall: |
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| 42 | 42 | | (1) collaborate with the Texas Facilities Commission |
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| 43 | 43 | | with respect to the purchase or project; and |
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| 44 | 44 | | (2) notify the commission and the General Land Office |
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| 45 | 45 | | on completion of the purchase or project. |
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| 46 | 46 | | (e) The governor may adopt rules necessary to implement this |
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| 47 | 47 | | section. |
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| 48 | 48 | | SECTION 2. (a) As soon as practicable after the effective |
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| 49 | 49 | | date of this Act, the governor shall prescribe the procedures and |
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| 50 | 50 | | may adopt any rules necessary to implement Section 2165.261, |
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| 51 | 51 | | Government Code, as added by this Act. The governor may adopt the |
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| 52 | 52 | | initial rules in the manner provided by law for emergency rules. |
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| 53 | 53 | | (b) Not later than January 1, 2020, and in accordance with |
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| 54 | 54 | | procedures prescribed by the governor, a state agency with |
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| 55 | 55 | | self-directed semi-independent status under state law that before |
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| 56 | 56 | | the effective date of this Act allocated money to purchase real |
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| 57 | 57 | | property or construct a building on real property and has not |
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| 58 | 58 | | completed the purchase or has not begun the construction, as |
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| 59 | 59 | | applicable: |
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| 60 | 60 | | (1) shall submit to the governor a detailed |
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| 61 | 61 | | description of the proposed purchase or project, including the |
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| 62 | 62 | | amount of money previously allocated by the agency for the purchase |
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| 63 | 63 | | or project, the amount of money required to complete the purchase or |
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| 64 | 64 | | project, and the agency's justification for the purchase or |
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| 65 | 65 | | project; and |
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| 66 | 66 | | (2) may not allocate additional money for the purchase |
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| 67 | 67 | | or project unless the agency receives written authorization for the |
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| 68 | 68 | | purchase or project from the governor in accordance with Section |
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| 69 | 69 | | 2165.261, Government Code, as added by this Act, and any rules |
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| 70 | 70 | | adopted under that section. |
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| 71 | 71 | | SECTION 3. This Act takes effect September 1, 2019. |
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