Texas 2023 - 88th Regular

Texas House Bill HB2514 Compare Versions

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1	1	By: Guillen H.B. No. 2514
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to interim studies on real property owned by the state.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. INTERIM STUDY. (a) The State Office of Risk
9	9	Management shall conduct an interim study on insurable state
10	10	assets, using information provided by the Legislative Budget Board,
11	11	to develop a statewide strategy to ensure that all real property
12	12	owned by the state, including buildings, facilities, and land, is
13	13	adequately insured.
14	14	(b) The Legislative Budget Board shall collect the
15	15	information described by this section from each state agency and
16	16	institution of higher education that possesses real property and
17	17	require each agency and institution to submit the information to
18	18	the board by a date prescribed by the board. The board shall
19	19	coordinate with the following entities to collect the information:
20	20	(1) the comptroller of public accounts;
21	21	(2) the state auditor's office;
22	22	(3) the State Office of Risk Management;
23	23	(4) the General Land Office;
24	24	(5) the Texas Facilities Commission;
25	25	(6) the Texas Higher Education Coordinating Board; and
26	26	(7) any other state agency.
27	27	(c) The Legislative Budget Board shall coordinate the
28	28	collection of comprehensive real property data for official state
29	29	use, including for a state agency other than an institution of
30	30	higher education, as defined by Section 61.003, Education Code:
31	31	(1) for each state-owned building or facility:
32	32	(A) the name of the state agency that has charge
33	33	and control of the building or facility;
34	34	(B) the number or name of the building or
35	35	facility;
36	36	(C) the address and geographic coordinates of the
37	37	building or facility;
38	38	(D) a description of the building or facility,
39	39	including the type of construction based on the Insurance Services
40	40	Office classification system, the cost of construction, and a
41	41	statement on the quality of the construction;
42	42	(E) the year the building or facility was built
43	43	or the acquisition date of the building or facility;
44	44	(F) the number of stories and the square footage
45	45	of the building or facility;
46	46	(G) the occupancy type of the building or
47	47	facility;
48	48	(H) the amount of space in the building or
49	49	facility that is being used, expressed as a percentage;
50	50	(I) the status of the fire alarm system within
51	51	the building or facility;
52	52	(J) information on protection systems and
53	53	features of the building or facility, including fire protection
54	54	systems and features and any violations for which the building or
55	55	facility has been cited;
56	56	(K) the value of the building or facility based
57	57	on replacement value, market value, donated value, or purchase
58	58	price, including the year the building or facility was appraised;
59	59	(L) the value of the contents of the building or
60	60	facility;
61	61	(M) the fund from which the building or facility
62	62	was purchased;
63	63	(N) information on the flood zone status of the
64	64	building or facility;
65	65	(O) any surrounding use of the building or
66	66	facility; and
67	67	(P) the type of fund profiled under the uniform
68	68	statewide accounting system that the state agency used to purchase
69	69	the building or facility; and
70	70	(2) for state-owned land:
71	71	(A) the name of the state agency that has charge
72	72	and control of the land;
73	73	(B) the address and geographic coordinates of the
74	74	land;
75	75	(C) the name of the land, if any;
76	76	(D) whether a historical marker is located on the
77	77	land, and if so, a description of the historical marker;
78	78	(E) the amount of acres of the land;
79	79	(F) whether the land is located in a flood zone;
80	80	(G) any surrounding use of the land;
81	81	(H) the value of the land based on market value,
82	82	donated value, or purchase price and the year the land was
83	83	appraised; and
84	84	(I) the fund from which the land was purchased.
85	85	(d) The Legislative Budget Board shall collect the real
86	86	property data of an institution of higher education, as defined by
87	87	Section 61.003, Education Code, from:
88	88	(1) the Texas Higher Education Coordinating Board, as
89	89	such data is reported to that board, including, for each building or
90	90	facility owned by an institution:
91	91	(A) the name of the institution that has charge
92	92	and control of the building or facility, including the number
93	93	assigned to the institution by the Federal Interagency Committee on
94	94	Education;
95	95	(B) the number or name of the building or
96	96	facility;
97	97	(C) the address and geographic coordinates of the
98	98	building or facility;
99	99	(D) a description of the building or facility,
100	100	including the type of construction;
101	101	(E) the year the building or facility was built
102	102	or the acquisition date of the building or facility;
103	103	(F) the number of stories and the square footage
104	104	of the building or facility;
105	105	(G) the occupancy type of the building or
106	106	facility;
107	107	(H) the amount of space in the building or
108	108	facility that is being used, expressed as a percentage;
109	109	(I) the value of the building or facility based
110	110	on replacement value; and
111	111	(J) information on the flood zone status of the
112	112	building or facility; and
113	113	(2) each institution of higher education, including,
114	114	for land owned by the institution:
115	115	(A) the name of the institution that has charge
116	116	and control of the land, including the number assigned to the
117	117	institution by the Federal Interagency Committee on Education;
118	118	(B) the address and geographic coordinates of the
119	119	land;
120	120	(C) the name of the land, if any;
121	121	(D) the amount of acres of the land; and
122	122	(E) the value of the land based on the market
123	123	value or acquisition value.
124	124	(e) The Legislative Budget Board shall report the
125	125	information submitted by each state agency and institution of
126	126	higher education to the State Office of Risk Management by a date
127	127	prescribed by the State Office of Risk Management.
128	128	(f) Not later than June 1, 2024, the State Office of Risk
129	129	Management shall consolidate the information received by the
130	130	Legislative Budget Board and enter it into a single database
131	131	accessible by the legislature and all state agencies and
132	132	institutions of higher education.
133	133	(g) Not later than August 31, 2024, the State Office of Risk
134	134	Management shall conduct the insurable state asset interim study
135	135	and report the office's findings and recommendations to the
136	136	legislature. The report must include a statewide strategy that
137	137	will ensure all real property owned by the state is adequately
138	138	insured.
139	139	SECTION 2. SELECT INTERIM COMMITTEES; STUDY. (a) A Senate
140	140	Select Committee on State Real Property Data Collection, Reporting,
141	141	and Assessment and a House Select Committee on State Real Property
142	142	Data Collection, Reporting, and Assessment are established to,
143	143	separately or jointly, study:
144	144	(1) the potential benefits of maintaining a
145	145	comprehensive database of all real property owned by the state;
146	146	(2) the potential financial loss to the state that
147	147	could result from the state owning uninsured and underinsured real
148	148	property;
149	149	(3) any efficiencies or cost savings potentially
150	150	achieved by requiring the General Land Office to submit the annual
151	151	report required under Section 31.157, Natural Resources Code, to
152	152	the Texas Department of Transportation, the Employees Retirement
153	153	System of Texas, and the Teacher Retirement System of Texas;
154	154	(4) the potential benefits or burdens, including
155	155	administrative burdens, of requiring each state agency and
156	156	institution of higher education to report information on the real
157	157	property it possesses, at the same time and in a uniform manner, to
158	158	a single entity, and how often the information should be reported;
159	159	(5) which state agency is best suited to collect
160	160	information on all real property owned by the state and the
161	161	appropriate method for collecting this information;
162	162	(6) the information that is currently reported by
163	163	state agencies and institutions of higher education regarding real
164	164	property of which agencies and institutions have charge and
165	165	control;
166	166	(7) the distinction between state agencies and
167	167	institutions of higher education that report information on real
168	168	property owned by the state as compared to state agencies and
169	169	institutions of higher education that collect information for a
170	170	report on real property owned by the state;
171	171	(8) information determined by the Legislative Budget
172	172	Board as necessary for the State Office of Risk Management to
173	173	conduct an insurable state asset study to develop a statewide
174	174	strategy that will ensure all real property owned by the state is
175	175	adequately insured;
176	176	(9) how often the State Office of Risk Management
177	177	should submit an insurable state asset study to the legislature;
178	178	(10) the results of the appraisal required by
179	179	Subsection (e) of this section, and the potential loss to the state
180	180	by inadequately insuring the Capitol Complex, as defined by Section
181	181	443.0071, Government Code; and
182	182	(11) other potential ways to ensure that the state is
183	183	able to identify, track, and maintain a database of the location,
184	184	condition, and replacement value of all real property owned by the
185	185	state.
186	186	(b) Not later than November 30, 2023, the lieutenant
187	187	governor shall appoint five senators to the Senate Select Committee
188	188	on State Real Property Data Collection, Reporting, and Assessment
189	189	and designate one senator to serve as the chair, and the speaker of
190	190	the house of representatives shall appoint five state
191	191	representatives to the House Select Committee on State Real
192	192	Property Data Collection, Reporting, and Assessment and select one
193	193	state representative to serve as the chair.
194	194	(c) The committees established under this section shall
195	195	convene separately at the call of the chair of the respective
196	196	committee, or jointly at the call of both chairs. In joint
197	197	meetings, the chairs of each committee shall act as joint chairs.
198	198	(d) Following consideration of the factors listed in
199	199	Subsection (a) of this section, the committees established under
200	200	this section shall jointly adopt recommendations and report in
201	201	writing any findings and adopted recommendations to the legislature
202	202	not later than January 13, 2025. The report, at a minimum, must
203	203	identify a single entity to collect information on all real
204	204	property owned by the state, including buildings, facilities, and
205	205	land.
206	206	(e) The committees established under this section shall
207	207	conduct an appraisal of all or part of the Capitol Complex, as
208	208	defined by Section 443.0071, Government Code. The appraisal must
209	209	be completed in a manner that ensures that the committees can comply
210	210	with the requirements of Subsection (a)(10) of this section. To
211	211	conduct the appraisal required under this subsection, the
212	212	committees may:
213	213	(1) use the services of the State Office of Risk
214	214	Management, including any existing appraisal contracts developed
215	215	by the office; or
216	216	(2) contract with a state certified or state licensed
217	217	real estate appraiser in accordance with Subchapter A, Chapter
218	218	2254, Government Code, and other applicable state procurement
219	219	practices.
220	220	SECTION 3. EXPIRATION. This Act expires September 1, 2025.
221	221	SECTION 4. EFFECTIVE DATE. This Act takes effect
222	222	immediately if it receives a vote of two-thirds of all the members
223	223	elected to each house, as provided by Section 39, Article III, Texas
224	224	Constitution. If this Act does not receive the vote necessary for
225	225	immediate effect, this Act takes effect September 1, 2023.