2019S0322-1 03/04/19
By: Perry S.B. No. 1661
A BILL TO BE ENTITLED
AN ACT
relating to legislative oversight and funding of deferred
maintenance projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 2165, Government Code, is
amended to read as follows:
SUBCHAPTER I. DEFERRED MAINTENANCE FUNDING [FUND]
Sec. 2165.401. PURPOSE; INTENT. It is the intent of the
legislature that state facilities be brought into a better state of
repair to ensure the safety of employees and visitors, the
efficiency of building operations, and a long-term reduction in
repair costs by addressing deferred maintenance issues. [The
deferred maintenance fund is created to fund projects for this
purpose.]
Sec. 2165.402. DEFINITION. In this subchapter, "fund"
means the state deferred maintenance fund under Section 49-g-4,
Article III, Texas Constitution.
Sec. 2165.403. STATE DEFERRED MAINTENANCE FUND [ACCOUNT].
(a) The legislature may appropriate money in the fund to state
agencies to provide funding for deferred maintenance projects
identified in the agencies' deferred maintenance plans [The fund is
an account in the general revenue fund].
(b) This subsection applies only to an appropriation from
the fund of money transferred to the fund from the economic
stabilization fund on January 1, 2020, or of investment earnings or
interest attributable to that money. In making an appropriation to
which this subsection applies, the legislature shall prioritize the
following amounts:
(1) $947,151,974 to the Parks and Wildlife Department
for deferred maintenance projects, including facility maintenance;
(2) $201,974,643 to the Texas Historical Commission
for deferred maintenance projects, including courthouse
renovation;
(3) $10,947,537 to the Department of Public Safety for
deferred maintenance projects;
(4) $8,303,780 to the Texas Military Department for
deferred maintenance projects;
(5) $30,626,056 to the Texas Department of Criminal
Justice for deferred maintenance projects;
(6) $78,560,277 to the Texas Facilities Commission for
deferred maintenance projects;
(7) $42,345,526 to the Texas Department of
Transportation for deferred maintenance projects;
(8) $1,763,148 to the Department of State Health
Services for deferred maintenance projects;
(9) $4,444,199 to the State Preservation Board for
deferred maintenance projects;
(10) to the Health and Human Services Commission:
(A) $300,000,000 to increase the number of mental
health beds at state hospitals in rural areas and state supported
living centers in rural areas; and
(B) $143,007,114 for other deferred maintenance
projects, including deferred maintenance at state hospitals and
state supported living centers;
(11) $11,505,743 to the Texas Juvenile Justice
Department for deferred maintenance projects; and
(12) $100,000,000 for the creation of a technology
legacy fund [The fund consists of money appropriated, credited, or
transferred to the fund by or at the direction of the legislature].
(c) The amounts described by Subsection (b) may be adjusted
by the legislature in the General Appropriations Act as necessary,
as determined by the legislature. The legislature may consider the
report received from the Joint Oversight Committee on Government
Facilities when making adjustments [Section 403.095 does not apply
to the fund].
(d) The use of money credited to the fund by appropriation
or transfer from the game, fish, and water safety account, the
lifetime license endowment account, or another fund or account in
the state treasury the use of which is subject to restrictions under
the federal Dingell-Johnson Sport Fish Restoration Act (16 U.S.C.
Section 777 et seq.), the federal Pittman-Robertson Wildlife
Restoration Act (16 U.S.C. Section 669 et seq.), or other federal
law, and the use of money earned as interest or other earnings on
the investment of that money credited to the fund, continues to be
subject to those federal restrictions and may be used only for a
function required to manage this state's fish or wildlife resources
in accordance with those federal restrictions.
(e) Subsections (b) and (c) and this subsection expire
September 1, 2031.
Sec. 2165.404. JOINT OVERSIGHT COMMITTEE ON GOVERNMENT
FACILITIES. (a) In this section, "committee" means the Joint
Oversight Committee on Government Facilities.
(b) The committee is created to review deferred maintenance
plans and receive implementation updates.
(c) The committee is composed of six members as follows:
(1) three members of the senate appointed by the
lieutenant governor; and
(2) three members of the house of representatives
appointed by the speaker of the house of representatives.
(d) The presiding officer of the committee shall alternate
annually between:
(1) a member of the senate appointed by the lieutenant
governor; and
(2) a member of the house of representatives appointed
by the speaker of the house of representatives.
(e) A vacancy on the committee shall be filled in the same
manner as the original appointment.
(f) The committee biennially shall provide a written report
to the legislature that identifies:
(1) the amount of money spent for deferred
maintenance;
(2) planned deferred maintenance projects; and
(3) the status of ongoing and completed deferred
maintenance projects.
(g) The following persons shall provide staff support for
the committee:
(1) a member of the executive staff of the Parks and
Wildlife Department with knowledge of the department's deferred
maintenance plan or that person's designee;
(2) the chief financial officer of the Parks and
Wildlife Department or that person's designee;
(3) a member of the executive staff of the Texas
Historical Commission with knowledge of the commission's deferred
maintenance plan or that person's designee;
(4) the chief financial officer of the Texas
Historical Commission or that person's designee;
(5) a member of the executive staff of the Health and
Human Services Commission with knowledge of the commission's
deferred maintenance plan or that person's designee; and
(6) the chief financial officer of the Health and
Human Services Commission or that person's designee.
(h) The committee has the powers of a joint committee of the
legislature and may obtain funding in the same manner as a joint
committee. The Texas Legislative Council may provide funding for
the operations of the committee.
(i) The rules adopted by the 86th Legislature for the
administration of joint committees created by proclamation apply to
the committee to the extent the rules are consistent with this
section.
(j) The committee is abolished and this section expires
September 1, 2031.
SECTION 2. (a) In this section, "committee" means the
Joint Oversight Committee on Government Facilities created by
Section 2165.404, Government Code, as added by this Act.
(b) The lieutenant governor and the speaker of the house of
representatives shall make appointments to the committee not later
than January 15, 2020.
(c) The lieutenant governor shall appoint the initial
presiding officer of the committee.
SECTION 3. On January 1, 2020, the deferred maintenance
fund account is abolished and the unencumbered balance of that
account is transferred to the state deferred maintenance fund.
SECTION 4. This Act takes effect January 1, 2020, but only
if the constitutional amendment proposed by the 86th Legislature,
Regular Session, 2019, establishing the state deferred maintenance
fund to provide funding for deferred maintenance at state
facilities and transferring economic stabilization fund money to
that fund is approved by the voters. If that amendment is not
approved by the voters, this Act has no effect.