88R7069 LRM-D
By: Eckhardt S.B. No. 549
A BILL TO BE ENTITLED
AN ACT
relating to a study on leasing state property for private use.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Board" means the Texas Higher Education
Coordinating Board.
(2) "Commission" means the Texas Facilities
Commission.
(3) "Space" means a room, conference room, hall,
stage, dance studio, rehearsal space, or other area in a state
building or on state property.
SECTION 2. STUDY REGARDING LEASED SPACE OF STATE AGENCIES.
(a) In collaboration with the Texas Commission on the Arts, the
commission shall conduct a study to assess the feasibility of
leasing to artists for the practice and performance of their arts
available spaces in state agency buildings or on state agency
property.
(b) In conducting the study, the commission shall consider:
(1) the types of spaces in state agency buildings or on
state agency property that are appropriate for leasing;
(2) the location of each building or property with a
space identified as potentially available for lease;
(3) the times each identified space would be available
for lease;
(4) the persons to whom each identified space may be
leased;
(5) any disadvantages to leasing each identified
space, including sensitive surroundings or information that may be
at risk during the lease;
(6) the fair market value for leasing each identified
space;
(7) any tax implications for accepting a lease payment
from a private business for private use of each identified space;
(8) the use limitations that may need to be included in
a lease agreement for each identified space;
(9) security measures that hinder or enhance the
availability or value of each identified space; and
(10) any other issue that would negatively impact or
prohibit leasing each identified space.
(c) The study must identify:
(1) the criteria used to determine the feasibility of
leasing each space identified as available for lease;
(2) the measures instituted to avoid viewpoint bias or
other possible biases in the selection of a lease holder;
(3) the authorized uses of lease income by state
agencies to benefit each agency offering space for lease; and
(4) the reasons a state agency would be authorized to
decline to lease space at the agency.
SECTION 3. STUDY REGARDING LEASED SPACE OF PUBLIC
INSTITUTIONS OF HIGHER EDUCATION. (a) In collaboration with the
Texas Commission on the Arts, the board shall conduct a study to
assess the feasibility of leasing to artists for the practice and
performance of their arts available spaces in buildings or property
of public institutions of higher education in this state.
(b) In conducting the study, the board shall consider:
(1) the types of spaces in buildings or on property of
public institutions of higher education that are appropriate for
leasing;
(2) the location of each building or property with a
space identified as potentially available for lease;
(3) the times each identified space would be available
for lease;
(4) the persons to whom each identified space may be
leased;
(5) any disadvantages to leasing each identified
space, including sensitive surroundings or information that may be
at risk during the lease;
(6) the fair market value for leasing each identified
space;
(7) any tax implications for accepting a lease payment
from a private business for private use of each identified space;
(8) the use limitations that may need to be included in
a lease agreement for each identified space;
(9) security measures that hinder or enhance the
availability or value of each identified space; and
(10) any other issue that would negatively impact or
prohibit leasing each identified space.
(c) The study must identify:
(1) the criteria used to determine the feasibility of
leasing each space identified as available for lease;
(2) the measures instituted to avoid viewpoint bias or
other possible biases in the selection of a lease holder;
(3) the authorized uses of lease income by public
institutions of higher education to benefit each institution
offering space for lease; and
(4) the reasons a public institution of higher
education would be authorized to decline to lease space at the
institution.
SECTION 4. REPORT TO LEGISLATURE. Not later than December
2, 2024, the commission and board shall submit a report to each
member of the legislature that includes the results of the studies
conducted under Sections 2 and 3 of this Act and any recommendations
of the commission and board related to the studies and statutory
changes necessary to authorize leasing space to artists for the
practice and performance of their arts at state agencies and public
institutions of higher education.
SECTION 5. EXPIRATION. This Act expires September 1, 2025.
SECTION 6. 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.