Texas 2023 - 88th Regular

Texas Senate Bill SB549 Compare Versions

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1	1	88R7069 LRM-D
2	2	By: Eckhardt S.B. No. 549
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to a study on leasing state property for private use.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. DEFINITIONS. In this Act:
10	10	(1) "Board" means the Texas Higher Education
11	11	Coordinating Board.
12	12	(2) "Commission" means the Texas Facilities
13	13	Commission.
14	14	(3) "Space" means a room, conference room, hall,
15	15	stage, dance studio, rehearsal space, or other area in a state
16	16	building or on state property.
17	17	SECTION 2. STUDY REGARDING LEASED SPACE OF STATE AGENCIES.
18	18	(a) In collaboration with the Texas Commission on the Arts, the
19	19	commission shall conduct a study to assess the feasibility of
20	20	leasing to artists for the practice and performance of their arts
21	21	available spaces in state agency buildings or on state agency
22	22	property.
23	23	(b) In conducting the study, the commission shall consider:
24	24	(1) the types of spaces in state agency buildings or on
25	25	state agency property that are appropriate for leasing;
26	26	(2) the location of each building or property with a
27	27	space identified as potentially available for lease;
28	28	(3) the times each identified space would be available
29	29	for lease;
30	30	(4) the persons to whom each identified space may be
31	31	leased;
32	32	(5) any disadvantages to leasing each identified
33	33	space, including sensitive surroundings or information that may be
34	34	at risk during the lease;
35	35	(6) the fair market value for leasing each identified
36	36	space;
37	37	(7) any tax implications for accepting a lease payment
38	38	from a private business for private use of each identified space;
39	39	(8) the use limitations that may need to be included in
40	40	a lease agreement for each identified space;
41	41	(9) security measures that hinder or enhance the
42	42	availability or value of each identified space; and
43	43	(10) any other issue that would negatively impact or
44	44	prohibit leasing each identified space.
45	45	(c) The study must identify:
46	46	(1) the criteria used to determine the feasibility of
47	47	leasing each space identified as available for lease;
48	48	(2) the measures instituted to avoid viewpoint bias or
49	49	other possible biases in the selection of a lease holder;
50	50	(3) the authorized uses of lease income by state
51	51	agencies to benefit each agency offering space for lease; and
52	52	(4) the reasons a state agency would be authorized to
53	53	decline to lease space at the agency.
54	54	SECTION 3. STUDY REGARDING LEASED SPACE OF PUBLIC
55	55	INSTITUTIONS OF HIGHER EDUCATION. (a) In collaboration with the
56	56	Texas Commission on the Arts, the board shall conduct a study to
57	57	assess the feasibility of leasing to artists for the practice and
58	58	performance of their arts available spaces in buildings or property
59	59	of public institutions of higher education in this state.
60	60	(b) In conducting the study, the board shall consider:
61	61	(1) the types of spaces in buildings or on property of
62	62	public institutions of higher education that are appropriate for
63	63	leasing;
64	64	(2) the location of each building or property with a
65	65	space identified as potentially available for lease;
66	66	(3) the times each identified space would be available
67	67	for lease;
68	68	(4) the persons to whom each identified space may be
69	69	leased;
70	70	(5) any disadvantages to leasing each identified
71	71	space, including sensitive surroundings or information that may be
72	72	at risk during the lease;
73	73	(6) the fair market value for leasing each identified
74	74	space;
75	75	(7) any tax implications for accepting a lease payment
76	76	from a private business for private use of each identified space;
77	77	(8) the use limitations that may need to be included in
78	78	a lease agreement for each identified space;
79	79	(9) security measures that hinder or enhance the
80	80	availability or value of each identified space; and
81	81	(10) any other issue that would negatively impact or
82	82	prohibit leasing each identified space.
83	83	(c) The study must identify:
84	84	(1) the criteria used to determine the feasibility of
85	85	leasing each space identified as available for lease;
86	86	(2) the measures instituted to avoid viewpoint bias or
87	87	other possible biases in the selection of a lease holder;
88	88	(3) the authorized uses of lease income by public
89	89	institutions of higher education to benefit each institution
90	90	offering space for lease; and
91	91	(4) the reasons a public institution of higher
92	92	education would be authorized to decline to lease space at the
93	93	institution.
94	94	SECTION 4. REPORT TO LEGISLATURE. Not later than December
95	95	2, 2024, the commission and board shall submit a report to each
96	96	member of the legislature that includes the results of the studies
97	97	conducted under Sections 2 and 3 of this Act and any recommendations
98	98	of the commission and board related to the studies and statutory
99	99	changes necessary to authorize leasing space to artists for the
100	100	practice and performance of their arts at state agencies and public
101	101	institutions of higher education.
102	102	SECTION 5. EXPIRATION. This Act expires September 1, 2025.
103	103	SECTION 6. This Act takes effect immediately if it receives
104	104	a vote of two-thirds of all the members elected to each house, as
105	105	provided by Section 39, Article III, Texas Constitution. If this
106	106	Act does not receive the vote necessary for immediate effect, this
107	107	Act takes effect September 1, 2023.