S.B. No. 646
AN ACT
relating to approval for purchases of property or construction
projects by a state agency with self-directed semi-independent
status.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 2165, Government Code, is
amended by adding Section 2165.261 to read as follows:
Sec. 2165.261. PROPERTY PURCHASES AND CONSTRUCTION
PROJECTS BY SELF-DIRECTED SEMI-INDEPENDENT AGENCIES. (a) This
section applies only to a state agency that has self-directed
semi-independent status under state law.
(b) Notwithstanding Chapter 472 of this code, Chapter 16,
Finance Code, Chapter 1105, Occupations Code, or any law other than
this subsection, a state agency must obtain written authorization
from the governor before allocating money for the purchase of real
property or to construct a building on real property. This
subsection does not limit the authority of the legislature under
other law to authorize construction projects or the purchase of
real property.
(c) To apply for authorization under this section, a state
agency, in accordance with procedures prescribed by the governor,
shall:
(1) submit to the Texas Facilities Commission:
(A) a detailed description of the proposed
property purchase or construction project and the agency's need for
the purchase or project; and
(B) a request for an analysis by the commission
of any available state property or building that satisfies the
agency's need; and
(2) submit to the governor:
(A) a request for written authorization for the
purchase or project that includes the detailed description
submitted under Subdivision (1)(A), the total amount of money
required to complete the purchase or project, and the agency's
justification for the purchase or project; and
(B) the analysis obtained from the commission
under Subdivision (1)(B).
(d) A state agency that receives written authorization
under Subsection (c) shall:
(1) collaborate with the Texas Facilities Commission
with respect to the purchase or project; and
(2) notify the commission and the General Land Office
on completion of the purchase or project.
(e) The governor may adopt rules necessary to implement this
section.
SECTION 2. (a) As soon as practicable after the effective
date of this Act, the governor shall prescribe the procedures and
may adopt any rules necessary to implement Section 2165.261,
Government Code, as added by this Act. The governor may adopt the
initial rules in the manner provided by law for emergency rules.
(b) Not later than January 1, 2020, and in accordance with
procedures prescribed by the governor, a state agency with
self-directed semi-independent status under state law that before
the effective date of this Act allocated money to purchase real
property or construct a building on real property and has not
completed the purchase or has not begun the construction, as
applicable:
(1) shall submit to the governor a detailed
description of the proposed purchase or project, including the
amount of money previously allocated by the agency for the purchase
or project, the amount of money required to complete the purchase or
project, and the agency's justification for the purchase or
project; and
(2) may not allocate additional money for the purchase
or project unless the agency receives written authorization for the
purchase or project from the governor in accordance with Section
2165.261, Government Code, as added by this Act, and any rules
adopted under that section.
SECTION 3. This Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 646 passed the Senate on
April 4, 2019, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 646 passed the House on
May 15, 2019, by the following vote: Yeas 144, Nays 0, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor