1 | 1 | | 89R8916 LRM-D |
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2 | 2 | | By: Capriglione H.B. No. 4391 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to studies on the allocation and use of buildings and |
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10 | 10 | | facilities owned, leased, or otherwise occupied by this state. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Chapter 2165, Government Code, is amended by |
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13 | 13 | | adding Subchapter C-1 to read as follows: |
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14 | 14 | | SUBCHAPTER C-1. STUDY OF STATE AGENCY SPACE |
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15 | 15 | | Sec. 2165.121. DEFINITION. In this subchapter, "state |
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16 | 16 | | agency" includes a legislative agency. |
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17 | 17 | | Sec. 2165.122. STUDY. (a) The Legislative Budget Board |
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18 | 18 | | every six years shall conduct a study on the allocation and use of |
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19 | 19 | | buildings and facilities owned, leased, or otherwise occupied by |
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20 | 20 | | this state or state agencies and submit a report to the legislature |
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21 | 21 | | on the study not later than September 1 of the study year. The study |
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22 | 22 | | must examine: |
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23 | 23 | | (1) the total amount of money this state is spending on |
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24 | 24 | | leased space for state agencies; |
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25 | 25 | | (2) the opportunities for moving agency personnel out |
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26 | 26 | | of leased space into existing state-owned space; |
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27 | 27 | | (3) any efficiencies or cost savings achieved by |
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28 | 28 | | consolidating agency personnel and resources into existing |
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29 | 29 | | state-owned space; |
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30 | 30 | | (4) any efficiencies or cost savings achieved by |
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31 | 31 | | consolidating agency personnel and resources into existing leased |
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32 | 32 | | space, if state-owned space is not available; |
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33 | 33 | | (5) the impact of any consolidation described by |
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34 | 34 | | Subdivisions (3) and (4) on this state's insurable assets; and |
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35 | 35 | | (6) the potential benefits of maintaining a |
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36 | 36 | | comprehensive, regularly updated database of all buildings and |
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37 | 37 | | facilities owned, leased, or otherwise occupied by state agencies. |
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38 | 38 | | (b) The Legislative Budget Board shall complete the initial |
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39 | 39 | | study and report required by this section not later than September |
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40 | 40 | | 1, 2026. This subsection expires September 1, 2039. |
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41 | 41 | | Sec. 2165.123. STATE AGENCY IDENTIFICATION OF |
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42 | 42 | | CONSOLIDATION OPPORTUNITIES. Each state agency every six years |
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43 | 43 | | using information included in a report submitted under Section |
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44 | 44 | | 2165.122 shall identify opportunities for consolidating agency |
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45 | 45 | | personnel and resources into space owned by this state, or if |
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46 | 46 | | state-owned space is not available, into space leased by this |
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47 | 47 | | state. |
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48 | 48 | | SECTION 2. (a) In this section, "institution of higher |
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49 | 49 | | education" has the meaning assigned by Section 61.003, Education |
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50 | 50 | | Code. |
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51 | 51 | | (b) The Legislative Budget Board shall conduct an interim |
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52 | 52 | | study on the buildings and facilities owned, leased, or otherwise |
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53 | 53 | | occupied by this state and develop a statewide strategy to ensure |
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54 | 54 | | the buildings and facilities are adequately utilized. The |
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55 | 55 | | Legislative Budget Board may delegate to any person authority |
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56 | 56 | | granted to the board under this section as the board determines |
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57 | 57 | | necessary to conduct the interim study under this section. |
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58 | 58 | | (c) The Legislative Budget Board shall collect the |
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59 | 59 | | information required by this section from each state agency and |
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60 | 60 | | institution of higher education that has charge and control of a |
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61 | 61 | | building or facility and require each agency and institution to |
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62 | 62 | | submit the information to the board by a date the board prescribes. |
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63 | 63 | | The board shall coordinate with the following entities to collect |
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64 | 64 | | the information: |
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65 | 65 | | (1) the comptroller of public accounts; |
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66 | 66 | | (2) the state auditor's office; |
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67 | 67 | | (3) the State Office of Risk Management; |
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68 | 68 | | (4) the General Land Office; |
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69 | 69 | | (5) the Texas Facilities Commission; |
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70 | 70 | | (6) the Texas Higher Education Coordinating Board; and |
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71 | 71 | | (7) any other state agency the board determines |
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72 | 72 | | necessary. |
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73 | 73 | | (d) For each building or facility owned, leased, or |
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74 | 74 | | otherwise occupied, solely or in part, by a state agency other than |
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75 | 75 | | an institution of higher education, the Legislative Budget Board or |
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76 | 76 | | a state agency the board designates shall obtain the following |
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77 | 77 | | information: |
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78 | 78 | | (1) the name of the state agency that has charge and |
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79 | 79 | | control of the building or facility; |
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80 | 80 | | (2) whether the building or facility is owned or |
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81 | 81 | | leased, solely or in part, by the state agency, or if not owned or |
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82 | 82 | | leased, the arrangement under which the building or facility is |
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83 | 83 | | otherwise occupied; |
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84 | 84 | | (3) the name or number of the building or facility; |
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85 | 85 | | (4) the address and geographic coordinates of the |
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86 | 86 | | building or facility; |
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87 | 87 | | (5) the number of stories and the total square footage |
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88 | 88 | | of the building or facility; |
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89 | 89 | | (6) the amount of available square footage in the |
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90 | 90 | | building or facility for agency personnel, the storage of |
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91 | 91 | | resources, or any other useable purpose identified by the agency; |
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92 | 92 | | (7) the amount of square footage used in the building |
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93 | 93 | | or facility for a purpose described by Subdivision (6) of this |
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94 | 94 | | subsection, expressed as a percent of the total square footage; |
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95 | 95 | | (8) if the building or facility changed occupants on |
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96 | 96 | | or after December 31, 2021: |
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97 | 97 | | (A) with respect to a new occupant: |
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98 | 98 | | (i) the location formerly occupied; |
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99 | 99 | | (ii) the amount of square footage used at |
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100 | 100 | | the formerly occupied location; and |
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101 | 101 | | (iii) the amount of square footage used at |
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102 | 102 | | the building or facility; and |
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103 | 103 | | (B) with respect to a former occupant: |
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104 | 104 | | (i) the location to which the former |
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105 | 105 | | occupant moved; |
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106 | 106 | | (ii) the amount of square footage formerly |
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107 | 107 | | used at the building or facility; and |
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108 | 108 | | (iii) the amount of square footage used at |
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109 | 109 | | the newly occupied location; |
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110 | 110 | | (9) a description of the continuity of government |
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111 | 111 | | operation plans to conduct business in alternate sites in the event |
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112 | 112 | | of a disaster or other emergency; and |
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113 | 113 | | (10) the average monthly utility expenses for the |
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114 | 114 | | building or facility during the preceding 12 months. |
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115 | 115 | | (e) The Legislative Budget Board or a state agency the board |
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116 | 116 | | designates shall collect the real property data of an institution |
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117 | 117 | | of higher education from the Texas Higher Education Coordinating |
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118 | 118 | | Board, as the data is reported to that board, including, for each |
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119 | 119 | | building or facility owned, leased, or otherwise occupied by the |
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120 | 120 | | institution: |
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121 | 121 | | (1) the name of the institution that has charge and |
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122 | 122 | | control of the building or facility, including the number assigned |
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123 | 123 | | to the institution by the Federal Interagency Committee on |
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124 | 124 | | Education; |
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125 | 125 | | (2) whether the building or facility is owned or |
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126 | 126 | | leased, solely or in part, by the institution, or if not owned or |
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127 | 127 | | leased, the arrangement under which the building or facility is |
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128 | 128 | | otherwise occupied; |
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129 | 129 | | (3) the name or number of the building or facility; |
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130 | 130 | | (4) the address and geographic coordinates of the |
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131 | 131 | | building or facility; |
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132 | 132 | | (5) the number of stories and the total square footage |
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133 | 133 | | of the building or facility; |
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134 | 134 | | (6) the amount of available square footage in the |
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135 | 135 | | building or facility for working personnel, the storage of |
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136 | 136 | | resources, or any other useable purpose identified by the |
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137 | 137 | | institution; |
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138 | 138 | | (7) the amount of square footage used in the building |
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139 | 139 | | or facility for a purpose described by Subdivision (6) of this |
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140 | 140 | | subsection, expressed as a percent of the total square footage; |
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141 | 141 | | (8) if the building or facility changed occupants on |
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142 | 142 | | or after December 31, 2021: |
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143 | 143 | | (A) with respect to a new occupant: |
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144 | 144 | | (i) the location formerly occupied; |
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145 | 145 | | (ii) the amount of square footage used at |
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146 | 146 | | the formerly occupied location; and |
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147 | 147 | | (iii) the amount of square footage used at |
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148 | 148 | | the building or facility; and |
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149 | 149 | | (B) with respect to a former occupant: |
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150 | 150 | | (i) the location to which the former |
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151 | 151 | | occupant moved; |
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152 | 152 | | (ii) the amount of square footage formerly |
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153 | 153 | | used at the building or facility; and |
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154 | 154 | | (iii) the amount of square footage used at |
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155 | 155 | | the newly occupied location; |
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156 | 156 | | (9) a description of the continuity of government |
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157 | 157 | | operation plans to conduct business in alternate sites in the event |
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158 | 158 | | of a disaster or other emergency; and |
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159 | 159 | | (10) the average monthly utility expenses for the |
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160 | 160 | | building or facility during the preceding 12 months. |
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161 | 161 | | (f) On request by the Legislative Budget Board, the Texas |
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162 | 162 | | Facilities Commission shall provide clarifying information under |
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163 | 163 | | Subsections (d) and (e) of this section, including information on |
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164 | 164 | | buildings that house multiple state agencies and other related |
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165 | 165 | | matters. The Texas Facilities Commission shall provide the |
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166 | 166 | | information to the Legislative Budget Board by the date the board |
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167 | 167 | | prescribes. |
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168 | 168 | | (g) On request by the Texas Facilities Commission or the |
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169 | 169 | | State Office of Risk Management, a state agency shall provide the |
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170 | 170 | | agency's telework policies to the entity requesting the |
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171 | 171 | | information. The Texas Facilities Commission and the State Office |
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172 | 172 | | of Risk Management shall coordinate to reduce duplication of |
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173 | 173 | | efforts. |
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174 | 174 | | (h) Not later than June 1, 2026, the Legislative Budget |
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175 | 175 | | Board or a state agency the board designates shall consolidate the |
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176 | 176 | | information collected under Subsections (d), (e), and (f) of this |
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177 | 177 | | section and enter the information into a single database accessible |
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178 | 178 | | by a member of the legislature or the member's designee or the |
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179 | 179 | | executive head of a state agency or institution of higher education |
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180 | 180 | | or the executive head's designee. |
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181 | 181 | | (i) The Legislative Budget Board shall conduct the study |
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182 | 182 | | required by Subsection (b) of this section and report the board's |
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183 | 183 | | findings and recommendations to the legislature not later than |
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184 | 184 | | September 1, 2026. The report must include a statewide strategy to |
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185 | 185 | | ensure all property owned, leased, or otherwise occupied by the |
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186 | 186 | | state is adequately utilized. |
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187 | 187 | | (j) The Legislative Budget Board, State Office of Risk |
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188 | 188 | | Management, and Texas Facilities Commission shall produce maps |
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189 | 189 | | identifying the locations of the buildings and facilities owned, |
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190 | 190 | | leased, or otherwise occupied by state agencies and institutions of |
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191 | 191 | | higher education across this state. |
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192 | 192 | | (k) The information collected and produced under this |
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193 | 193 | | section is excepted from disclosure under Sections 552.021 and |
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194 | 194 | | 552.156, Government Code, and Sections 412.0128 and 412.054, Labor |
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195 | 195 | | Code. |
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196 | 196 | | (l) The Legislative Budget Board may consolidate the study |
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197 | 197 | | and report required by this section with any report required of the |
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198 | 198 | | board by law regarding the allocation and use of space by state |
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199 | 199 | | agencies. |
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200 | 200 | | (m) Based on the report required by this section, each |
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201 | 201 | | state agency shall identify opportunities for the consolidation of |
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202 | 202 | | personnel and resources into space owned by this state, or if |
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203 | 203 | | state-owned space is not available, into space leased by this |
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204 | 204 | | state. |
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205 | 205 | | (n) This section expires September 1, 2027. |
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206 | 206 | | SECTION 3. Based on information collected and published by |
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207 | 207 | | the Legislative Budget Board as described by this Act or any |
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208 | 208 | | findings or recommendations by an entity conducting a study under |
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209 | 209 | | this Act, each state agency shall identify opportunities for the |
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210 | 210 | | consolidation of personnel and resources into space owned by this |
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211 | 211 | | state, or if state-owned space is not available, into space leased |
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212 | 212 | | by this state. |
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213 | 213 | | SECTION 4. This Act takes effect immediately if it receives |
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214 | 214 | | a vote of two-thirds of all the members elected to each house, as |
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215 | 215 | | provided by Section 39, Article III, Texas Constitution. If this |
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216 | 216 | | Act does not receive the vote necessary for immediate effect, this |
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217 | 217 | | Act takes effect September 1, 2025. |
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