By: Kolkhorst S.B. No. 1119
(Landgraf)
A BILL TO BE ENTITLED
AN ACT
relating to studies of buildings and facilities owned, leased, or
otherwise occupied by this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 2165, Government Code, is amended by
adding Subchapter C-1 to read as follows:
SUBCHAPTER C-1. STUDY OF SPACE BY LEGISLATIVE BUDGET BOARD
Sec. 2165.121. DEFINITION. In this subchapter, "state
agency" includes a legislative agency.
Sec. 2165.122. STUDY. Not later than September 1, 2024, and
the September 1 occurring every six years after that date, the
Legislative Budget Board shall study and report to the legislature:
(1) how much money the state is spending on leased
space for state agencies;
(2) the possibilities of moving personnel out of
leased space into existing state-owned space;
(3) any efficiencies or cost savings that may be
achieved by consolidating personnel and resources into existing
state-owned space;
(4) any efficiencies or cost savings that may be
achieved by consolidating personnel and resources into existing
leased space, if no state-owned space is available;
(5) the impact of any consolidation described by
Subdivisions (3) and (4) on the state's insurable assets; and
(6) the potential benefits of maintaining a
comprehensive, regularly updated database of all buildings and
facilities owned, leased, or otherwise occupied by the state.
Sec. 2165.123. IDENTIFICATION OF CONSOLIDATION
OPPORTUNITIES. Based on a report required by Section 2165.122,
each state agency shall identify opportunities for the
consolidation of personnel and resources into space owned by this
state, or if state-owned space is not available, into space leased
by this state.
SECTION 2. (a) In this section, "institution of higher
education" has the meaning assigned by Section 61.003, Education
Code.
(b) The Legislative Budget Board shall conduct an interim
study on the buildings and facilities owned, leased, or otherwise
occupied by this state and develop a statewide strategy to ensure
that the buildings and facilities are adequately utilized. The
Legislative Budget Board may delegate any authority granted to the
board under this section that the board determines necessary to
conduct the interim study under this section.
(c) The Legislative Budget Board shall collect the
information required by this section from each state agency and
institution of higher education that has charge and control of a
building or facility and require each agency and institution to
submit the information to the board by a date prescribed by the
board. The board shall coordinate with the following entities to
collect the information:
(1) the comptroller of public accounts;
(2) the state auditor's office;
(3) the State Office of Risk Management;
(4) the General Land Office;
(5) the Texas Facilities Commission;
(6) the Texas Higher Education Coordinating Board; and
(7) any other state agency.
(d) For each building or facility owned, leased, or
otherwise occupied, solely or in part, by a state agency other than
an institution of higher education, the Legislative Budget Board or
a state agency designated by the board shall obtain the following
information:
(1) the name of the state agency that has charge and
control of the building or facility;
(2) whether the building or facility is owned or
leased, solely or in part, by the state agency, or if not owned or
leased, the arrangement under which the building or facility is
otherwise occupied;
(3) the name or number of the building or facility;
(4) the address and geographic coordinates of the
building or facility;
(5) the number of stories and the total square footage
of the building or facility;
(6) the amount of available square footage in the
building or facility for working personnel, the storage of
resources, or any other useable purpose identified by the agency;
(7) the amount of square footage used in the building
or facility for a purpose described by Subdivision (6) of this
subsection, expressed as a percent of the total square footage;
(8) if the building or facility changed occupants on
or after December 31, 2019:
(A) with respect to a new occupant:
(i) the location formerly occupied;
(ii) the amount of square footage used at
the formerly occupied location; and
(iii) the amount of square footage used at
the building or facility; and
(B) with respect to a former occupant:
(i) the location to which the former
occupant moved;
(ii) the amount of square footage formerly
used at the building or facility; and
(iii) the amount of square footage used at
the newly occupied location;
(9) a description of the continuity of government
operation plans to conduct business in alternate sites in the event
of a disaster or other emergency; and
(10) the average monthly utility expenses for the
building or facility during the previous 12 months.
(e) The Legislative Budget Board or a state agency
designated by the board shall collect the real property data of an
institution of higher education from the Texas Higher Education
Coordinating Board, as the data is reported to that board,
including, for each building or facility owned, leased, or
otherwise occupied by the institution:
(1) the name of the institution that has charge and
control of the building or facility, including the number assigned
to the institution by the Federal Interagency Committee on
Education;
(2) whether the building or facility is owned or
leased, solely or in part, by the institution, or if not owned or
leased, the arrangement under which the building or facility is
otherwise occupied;
(3) the name or number of the building or facility;
(4) the address and geographic coordinates of the
building or facility;
(5) the number of stories and the total square footage
of the building or facility;
(6) the amount of available square footage in the
building or facility for working personnel, the storage of
resources, or any other useable purpose identified by the
institution;
(7) the amount of square footage used in the building
or facility for a purpose described by Subdivision (6) of this
subsection, expressed as a percent of the total square footage;
(8) if the building or facility changed occupants on
or after December 31, 2019:
(A) with respect to a new occupant:
(i) the location formerly occupied;
(ii) the amount of square footage used at
the formerly occupied location; and
(iii) the amount of square footage used at
the building or facility; and
(B) with respect to a former occupant:
(i) the location to which the former
occupant moved;
(ii) the amount of square footage formerly
used at the building or facility; and
(iii) the amount of square footage used at
the newly occupied location;
(9) a description of the continuity of government
operation plans to conduct business in alternate sites in the event
of a disaster or other emergency; and
(10) the average monthly utility expenses for the
building or facility during the previous 12 months.
(f) On request by the Legislative Budget Board, the Texas
Facilities Commission shall provide clarifying information under
Subsections (d) and (e) of this section, including information on
buildings that house multiple state agencies and other related
matters. The Texas Facilities Commission shall provide the
information to the Legislative Budget Board by the date prescribed
by the board.
(g) On request by the Texas Facilities Commission or the
State Office of Risk Management, a state agency shall provide the
agency's telework policies to the entity requesting the
information. The Texas Facilities Commission and the State Office
of Risk Management shall coordinate to reduce duplication of
efforts.
(h) Not later than June 1, 2024, the Legislative Budget
Board or a state agency designated by the board shall consolidate
the information collected under Subsections (d), (e), and (f) of
this section and enter the information into a single database
accessible by a member of the legislature or the member's designee
or the executive head of a state agency or institution of higher
education or the executive head's designee.
(i) The Legislative Budget Board shall conduct the study
required by Subsection (b) of this section and report the board's
findings and recommendations to the legislature not later than
September 1, 2024. The report must include a statewide strategy
that will ensure all property owned, leased, or otherwise occupied
by the state is adequately utilized.
(j) The Legislative Budget Board, State Office of Risk
Management, and Texas Facilities Commission shall produce maps
identifying the locations of the buildings and facilities owned,
leased, or otherwise occupied by state agencies and institutions of
higher education across this state.
(k) The information collected and produced under this
section is excepted from disclosure under Sections 552.021 and
552.156, Government Code, and Sections 412.0128 and 412.054, Labor
Code.
(l) The Legislative Budget Board may consolidate the study
and report required by this section with any report required of the
board by law regarding the allocation and use of space by state
agencies.
(m) Based on the report required by this section, each
state agency shall identify opportunities for the consolidation of
personnel and resources into space owned by this state, or if
state-owned space is not available, into space leased by this
state.
(n) This section expires September 1, 2025.
SECTION 3. Based on information collected and published by
the Legislative Budget Board as described by this Act or any
findings or recommendations by an entity conducting a study under
this Act, each state agency shall identify opportunities for the
consolidation of personnel and resources into space owned by this
state, or if state-owned space is not available, into space leased
by this state.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.