H.B. No. 4541
AN ACT
relating to the authority of the Texas Facilities Commission over
certain real property owned by the state.
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 Subsections (d), (e), (f), (g),
(h), and (i) to read as follows:
(b) The commission may not sell or otherwise dispose of real
property of the state except:
(1) for real property located in the Capitol Complex,
by specific authority:
(A) [(1)] granted by the legislature if the
legislature is in session; or
(B) [(2)] granted jointly by the governor and the
Legislative Budget Board if the legislature is not in session; or
(2) for real property of the state other than the
property described by Subdivision (1):
(A) by specific authority granted by the
legislature if the legislature is in session; or
(B) subject to Subsection (e), through formal
notification to the governor and the Legislative Budget Board if
the legislature is not in session.
(d) When considering a sale of real property of the state
subject to Subsection (b)(2), the commission shall submit a formal
notification of the intent to sell the property to:
(1) the governor;
(2) the Legislative Budget Board; and
(3) each state senator and representative in whose
district the property is located.
(e) The governor may disapprove the sale of real property of
the state subject to Subsection (b)(2) by providing written notice
of the disapproval to the commission not later than the 90th day
after the date the governor receives the formal notification
required by Subsection (d).
(f) On request by the commission, the General Land Office
shall negotiate and close a sale of real property of the state under
this section on behalf of the commission using procedures
established in Section 31.158(c), Natural Resources Code, except
the land office is not required to offer the School Land Board the
first option to purchase the real property.
(g) Each transfer of an interest in real property of the
state under this section must be made by an instrument signed by the
executive director of the commission and the governor.
(h) The proceeds from the sale, lease, or other disposition
of real property of the state under this section shall be deposited
to the Texas capital trust fund established under Chapter 2201 and
dedicated to the acquisition, construction, repair, and
improvement of state facilities. Before depositing proceeds in the
fund, the commission may recover from the proceeds all amounts
spent by the commission for management, acquisition, and
disposition expenses.
(i) Sections 403.095 and 2201.003(b) do not apply to
proceeds deposited in the Texas capital trust fund in accordance
with this section.
SECTION 2. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4541 was passed by the House on May 3,
2019, by the following vote: Yeas 139, Nays 1, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4541 was passed by the Senate on May
22, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor