Texas 2019 - 86th Regular

Texas Senate Bill SB1661 Compare Versions

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1	1	2019S0322-1 03/04/19
2	2	By: Perry S.B. No. 1661
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to legislative oversight and funding of deferred
8	8	maintenance projects.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter I, Chapter 2165, Government Code, is
11	11	amended to read as follows:
12	12	SUBCHAPTER I. DEFERRED MAINTENANCE FUNDING [FUND]
13	13	Sec. 2165.401. PURPOSE; INTENT. It is the intent of the
14	14	legislature that state facilities be brought into a better state of
15	15	repair to ensure the safety of employees and visitors, the
16	16	efficiency of building operations, and a long-term reduction in
17	17	repair costs by addressing deferred maintenance issues. [The
18	18	deferred maintenance fund is created to fund projects for this
19	19	purpose.]
20	20	Sec. 2165.402. DEFINITION. In this subchapter, "fund"
21	21	means the state deferred maintenance fund under Section 49-g-4,
22	22	Article III, Texas Constitution.
23	23	Sec. 2165.403. STATE DEFERRED MAINTENANCE FUND [ACCOUNT].
24	24	(a) The legislature may appropriate money in the fund to state
25	25	agencies to provide funding for deferred maintenance projects
26	26	identified in the agencies' deferred maintenance plans [The fund is
27	27	an account in the general revenue fund].
28	28	(b) This subsection applies only to an appropriation from
29	29	the fund of money transferred to the fund from the economic
30	30	stabilization fund on January 1, 2020, or of investment earnings or
31	31	interest attributable to that money. In making an appropriation to
32	32	which this subsection applies, the legislature shall prioritize the
33	33	following amounts:
34	34	(1) $947,151,974 to the Parks and Wildlife Department
35	35	for deferred maintenance projects, including facility maintenance;
36	36	(2) $201,974,643 to the Texas Historical Commission
37	37	for deferred maintenance projects, including courthouse
38	38	renovation;
39	39	(3) $10,947,537 to the Department of Public Safety for
40	40	deferred maintenance projects;
41	41	(4) $8,303,780 to the Texas Military Department for
42	42	deferred maintenance projects;
43	43	(5) $30,626,056 to the Texas Department of Criminal
44	44	Justice for deferred maintenance projects;
45	45	(6) $78,560,277 to the Texas Facilities Commission for
46	46	deferred maintenance projects;
47	47	(7) $42,345,526 to the Texas Department of
48	48	Transportation for deferred maintenance projects;
49	49	(8) $1,763,148 to the Department of State Health
50	50	Services for deferred maintenance projects;
51	51	(9) $4,444,199 to the State Preservation Board for
52	52	deferred maintenance projects;
53	53	(10) to the Health and Human Services Commission:
54	54	(A) $300,000,000 to increase the number of mental
55	55	health beds at state hospitals in rural areas and state supported
56	56	living centers in rural areas; and
57	57	(B) $143,007,114 for other deferred maintenance
58	58	projects, including deferred maintenance at state hospitals and
59	59	state supported living centers;
60	60	(11) $11,505,743 to the Texas Juvenile Justice
61	61	Department for deferred maintenance projects; and
62	62	(12) $100,000,000 for the creation of a technology
63	63	legacy fund [The fund consists of money appropriated, credited, or
64	64	transferred to the fund by or at the direction of the legislature].
65	65	(c) The amounts described by Subsection (b) may be adjusted
66	66	by the legislature in the General Appropriations Act as necessary,
67	67	as determined by the legislature. The legislature may consider the
68	68	report received from the Joint Oversight Committee on Government
69	69	Facilities when making adjustments [Section 403.095 does not apply
70	70	to the fund].
71	71	(d) The use of money credited to the fund by appropriation
72	72	or transfer from the game, fish, and water safety account, the
73	73	lifetime license endowment account, or another fund or account in
74	74	the state treasury the use of which is subject to restrictions under
75	75	the federal Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
76	76	Section 777 et seq.), the federal Pittman-Robertson Wildlife
77	77	Restoration Act (16 U.S.C. Section 669 et seq.), or other federal
78	78	law, and the use of money earned as interest or other earnings on
79	79	the investment of that money credited to the fund, continues to be
80	80	subject to those federal restrictions and may be used only for a
81	81	function required to manage this state's fish or wildlife resources
82	82	in accordance with those federal restrictions.
83	83	(e) Subsections (b) and (c) and this subsection expire
84	84	September 1, 2031.
85	85	Sec. 2165.404. JOINT OVERSIGHT COMMITTEE ON GOVERNMENT
86	86	FACILITIES. (a) In this section, "committee" means the Joint
87	87	Oversight Committee on Government Facilities.
88	88	(b) The committee is created to review deferred maintenance
89	89	plans and receive implementation updates.
90	90	(c) The committee is composed of six members as follows:
91	91	(1) three members of the senate appointed by the
92	92	lieutenant governor; and
93	93	(2) three members of the house of representatives
94	94	appointed by the speaker of the house of representatives.
95	95	(d) The presiding officer of the committee shall alternate
96	96	annually between:
97	97	(1) a member of the senate appointed by the lieutenant
98	98	governor; and
99	99	(2) a member of the house of representatives appointed
100	100	by the speaker of the house of representatives.
101	101	(e) A vacancy on the committee shall be filled in the same
102	102	manner as the original appointment.
103	103	(f) The committee biennially shall provide a written report
104	104	to the legislature that identifies:
105	105	(1) the amount of money spent for deferred
106	106	maintenance;
107	107	(2) planned deferred maintenance projects; and
108	108	(3) the status of ongoing and completed deferred
109	109	maintenance projects.
110	110	(g) The following persons shall provide staff support for
111	111	the committee:
112	112	(1) a member of the executive staff of the Parks and
113	113	Wildlife Department with knowledge of the department's deferred
114	114	maintenance plan or that person's designee;
115	115	(2) the chief financial officer of the Parks and
116	116	Wildlife Department or that person's designee;
117	117	(3) a member of the executive staff of the Texas
118	118	Historical Commission with knowledge of the commission's deferred
119	119	maintenance plan or that person's designee;
120	120	(4) the chief financial officer of the Texas
121	121	Historical Commission or that person's designee;
122	122	(5) a member of the executive staff of the Health and
123	123	Human Services Commission with knowledge of the commission's
124	124	deferred maintenance plan or that person's designee; and
125	125	(6) the chief financial officer of the Health and
126	126	Human Services Commission or that person's designee.
127	127	(h) The committee has the powers of a joint committee of the
128	128	legislature and may obtain funding in the same manner as a joint
129	129	committee. The Texas Legislative Council may provide funding for
130	130	the operations of the committee.
131	131	(i) The rules adopted by the 86th Legislature for the
132	132	administration of joint committees created by proclamation apply to
133	133	the committee to the extent the rules are consistent with this
134	134	section.
135	135	(j) The committee is abolished and this section expires
136	136	September 1, 2031.
137	137	SECTION 2. (a) In this section, "committee" means the
138	138	Joint Oversight Committee on Government Facilities created by
139	139	Section 2165.404, Government Code, as added by this Act.
140	140	(b) The lieutenant governor and the speaker of the house of
141	141	representatives shall make appointments to the committee not later
142	142	than January 15, 2020.
143	143	(c) The lieutenant governor shall appoint the initial
144	144	presiding officer of the committee.
145	145	SECTION 3. On January 1, 2020, the deferred maintenance
146	146	fund account is abolished and the unencumbered balance of that
147	147	account is transferred to the state deferred maintenance fund.
148	148	SECTION 4. This Act takes effect January 1, 2020, but only
149	149	if the constitutional amendment proposed by the 86th Legislature,
150	150	Regular Session, 2019, establishing the state deferred maintenance
151	151	fund to provide funding for deferred maintenance at state
152	152	facilities and transferring economic stabilization fund money to
153	153	that fund is approved by the voters. If that amendment is not
154	154	approved by the voters, this Act has no effect.