By: Cyrier H.B. No. 4541
A BILL TO BE ENTITLED
AN ACT
relating to the authority over certain real property by the Texas
Facilities Commission.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 2166.052, Government Code, is amended by
amending Subsection (b) and adding Subsection (d) to read as
follows:
(a) The commission, as provided by law and by legislative
appropriation, may:
(1) acquire necessary real and personal property and
modernize, remodel, build, or equip buildings for state purposes;
and
(2) contract as necessary to accomplish these
purposes.
(b) The commission may not sell or otherwise dispose of real
property of the state located in the Capitol Complex as defined by
Section 411.061 (a) (1) Government Code, except by specific
authority:
(1) granted by the legislature if the legislature is
in session; or
(2) granted jointly by the governor and the
Legislative Budget Board if the legislature is not in session.
(c) The commission may enter into a contract with the City
of Austin to govern the transfer, sale, or exchange of real property
and interests in real property, including the vacation of street
rights-of-way, easements, and other interests, as necessary or
advantageous to both parties. The agreement may provide for the
transfer, sale, or exchange by one party in favor of the other for a
reasonable value established by the parties and may provide for a
transfer, sale, or exchange to be credited against future property
or interests to be transferred, sold, or exchanged between the
parties. Section 272.001, Local Government Code, does not apply to
a transaction governed by this section.
(d) the commission may lease real property, including
improvements.
(e) The commission may not sell or otherwise dispose of real
property of the state, not located in the Capitol Complex except by
specific authority:
(1) granted by the legislature if the legislature is
in session; or
(2) through formal notification of the governor and
the Legislative Budget Board if the legislature is not in session.
(A) The commission, when contemplating a sale of
real property, shall submit to the governor and legislative budget
board, a formal notification of their intent. The governor may
provide written notice of disapproval under this section not later
than the 90th day after the governor receives the written
notification.
(B) The commission shall send a copy of any
formal notification, of the intent to sell real property to the
state senator and state representative where the property is
located, on any formal notification to the governor of intent to
sell real property.
(f) If requested by the commission, the General Land Office
shall negotiate and close a sale of real property under this section
on behalf of the commission using procedures under Section
31.158(c), Natural Resources Code, except that the General Land
Office is not required to offer the School Land Board the first
option to purchase the real property.
(g) The grant of an interest in real property owned by the
state under this section must be conveyed by an instrument signed by
the executive director of the commission and the by the governor.
(h) revenue from the lease, sale, or other disposition of
real property under this section shall be deposited into the Texas
Capital Trust Fund and shall be dedicated to the acquisition,
construction, repair, and improvement of facilities.
(i) reasonable expenses related to conducting a real estate
transaction under this section, including the payment of brokerage
fees, may be deducted from the proceeds of the transaction before
the proceeds are deposited to the Texas Capital Trust Fund.
SECTION 2. This Act takes effect September 1, 2019.