Bill Text: TX HB2107 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the continuation and functions of the Texas Facilities Commission; authorizing fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-04-29 - Considered in Calendars [HB2107 Detail]
Download: Texas-2013-HB2107-Introduced.html
83R5191 YDB-D | ||
By: Dutton | H.B. No. 2107 |
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relating to the continuation and functions of the Texas Facilities | ||
Commission; authorizing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 443.007, Government Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) If the board updates or modifies its long-range master | ||
plan for the preservation, maintenance, restoration, and | ||
modification of the Capitol and the Capitol grounds, the board must | ||
conform its plan to the Capitol Complex master plan prepared by the | ||
Texas Facilities Commission under Section 2166.105. | ||
SECTION 2. Section 2152.002, Government Code, is amended to | ||
read as follows: | ||
Sec. 2152.002. SUNSET PROVISION. The Texas Facilities | ||
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(Texas Sunset Act). Unless continued in existence as provided by | ||
that chapter, the commission is abolished and this subtitle, except | ||
for Chapter 2170 and Section 2157.121, expires September 1, 2021 | ||
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SECTION 3. Subchapter B, Chapter 2152, Government Code, is | ||
amended by adding Section 2152.066 to read as follows: | ||
Sec. 2152.066. NEGOTIATED RULEMAKING AND ALTERNATIVE | ||
DISPUTE RESOLUTION POLICY. (a) The commission shall develop and | ||
implement a policy to encourage the use of: | ||
(1) negotiated rulemaking procedures under Chapter | ||
2008 for the adoption of commission rules; and | ||
(2) appropriate alternative dispute resolution | ||
procedures under Chapter 2009 to assist in the resolution of | ||
internal and external disputes under the commission's | ||
jurisdiction. | ||
(b) The commission's procedures relating to alternative | ||
dispute resolution must conform, to the extent possible, to any | ||
model guidelines issued by the State Office of Administrative | ||
Hearings for the use of alternative dispute resolution by state | ||
agencies. | ||
(c) The commission shall: | ||
(1) coordinate the implementation of the policy | ||
adopted under Subsection (a); | ||
(2) provide training as needed to implement the | ||
procedures for negotiated rulemaking or alternative dispute | ||
resolution; and | ||
(3) collect data concerning the effectiveness of those | ||
procedures. | ||
SECTION 4. Section 2165.055, Government Code, is amended to | ||
read as follows: | ||
Sec. 2165.055. REPORT ABOUT IMPROVEMENTS AND REPAIRS. The | ||
commission [ |
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governor, lieutenant governor, speaker of the house of | ||
representatives, comptroller, and Legislative Budget Board on: | ||
(1) all improvements and repairs that have been made, | ||
with an itemized account of receipts and expenditures; and | ||
(2) the condition of all property under its control, | ||
with an estimate of needed improvements and repairs. | ||
SECTION 5. Section 2165.2035(e), Government Code, is | ||
amended to read as follows: | ||
(e) On or before December 1 of each even-numbered year, the | ||
commission shall electronically submit a report to the legislature | ||
and the Legislative Budget Board describing the effectiveness of | ||
the program under this section. | ||
SECTION 6. Section 2165.2046, Government Code, is amended | ||
to read as follows: | ||
Sec. 2165.2046. REPORTS ON PARKING PROGRAMS. On or before | ||
December [ |
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shall electronically submit a report to the legislature and | ||
Legislative Budget Board describing the effectiveness of parking | ||
programs developed by the commission under this subchapter. The | ||
report must, at a minimum, include: | ||
(1) the yearly revenue generated by the programs; | ||
(2) the yearly administrative and enforcement costs of | ||
each program; | ||
(3) yearly usage statistics for each program; and | ||
(4) initiatives and suggestions by the commission to: | ||
(A) modify administration of the programs; and | ||
(B) increase revenue generated by the programs. | ||
SECTION 7. Chapter 2165, Government Code, is amended by | ||
adding Subchapter H to read as follows: | ||
SUBCHAPTER H. PUBLIC AND PRIVATE FACILITIES AND INFRASTRUCTURE: | ||
QUALIFYING PROJECTS | ||
Sec. 2165.351. DEFINITIONS. In this subchapter: | ||
(1) "Partnership Advisory Commission" means the | ||
Partnership Advisory Commission created by Chapter 2268. | ||
(2) "Qualifying project" has the meaning assigned by | ||
Section 2267.001, as added by Chapter 1334 (S.B. 1048), Acts of the | ||
82nd Legislature, Regular Session, 2011. | ||
Sec. 2165.352. COMMISSION REVIEW GUIDELINES AND POLICIES. | ||
(a) In adopting the qualifying project review guidelines required | ||
by Section 2267.052, as added by Chapter 1334 (S.B. 1048), Acts of | ||
the 82nd Legislature, Regular Session, 2011, the commission must | ||
include review criteria and documentation to guide the initial | ||
review of each substantially complete qualifying project proposal | ||
received by the commission. | ||
(b) The review criteria required under Subsection (a) at a | ||
minimum must include: | ||
(1) the extent to which the qualifying project meets a | ||
public need; | ||
(2) the extent to which the project meets the | ||
objectives and priorities of the commission and aligns with any | ||
applicable commission plans, including the Capitol Complex master | ||
plan developed under Section 2166.105; | ||
(3) the technical and legal feasibility of the | ||
project; | ||
(4) the adequacy of the qualifications, experience, | ||
and financial capacity of a private entity or other person | ||
submitting the proposal; | ||
(5) any potentially unacceptable risks to this state; | ||
and | ||
(6) whether an alternative delivery method is feasible | ||
and more effectively meets this state's goals. | ||
(c) The commission's qualifying project review guidelines | ||
must: | ||
(1) specify the types of professional expertise, | ||
including financial, real estate, legal, and other related | ||
expertise, needed to effectively protect this state's interest when | ||
considering and implementing a qualifying project; | ||
(2) specify the range of professional expertise needed | ||
at each stage of the project, including proposal evaluation, | ||
financial analysis, risk allocation analysis, contract | ||
negotiation, and contract and performance monitoring, to evaluate | ||
the qualifying project proposal; and | ||
(3) require the oversight committee established by the | ||
commission for each qualifying project to report to the commission | ||
the results of the committee's evaluation of the project, including | ||
the schedules, procedures, proposal evaluation criteria, and | ||
documentation required in the guidelines for the evaluation. | ||
(d) The commission shall: | ||
(1) for each qualifying project proposal, post on the | ||
commission's Internet website the oversight committee's review | ||
report and other evaluation documents; and | ||
(2) before posting the report and documents required | ||
under Subdivision (1), redact all information included in the | ||
report and documents that is considered confidential under Section | ||
2267.066(c). | ||
(e) The expertise described by Subsection (c) may be | ||
provided by commission staff or outside experts. | ||
Sec. 2165.353. QUALIFYING PROJECT FEES. (a) The | ||
commission may charge a reasonable fee to cover the costs of | ||
reviewing a qualifying project. The commission shall develop and | ||
adopt a qualifying project proposal fee schedule sufficient to | ||
cover its costs, including at a minimum the costs of processing, | ||
reviewing, and evaluating the proposals. | ||
(b) The commission shall use the professional expertise | ||
information required under Section 2165.352(c) to determine the | ||
amount of the fee charged by the commission to review a qualifying | ||
project proposal. The amount must be reasonable in comparison to | ||
the level of professional expertise required for the project and | ||
may include the cost of staff time required to process the proposal | ||
and other direct costs. | ||
(c) The commission may use the money from the fees collected | ||
under this section to hire or contract with persons who have the | ||
professional expertise necessary to effectively evaluate a | ||
qualifying project proposal. | ||
Sec. 2165.354. INITIAL REVIEW OF QUALIFYING PROJECT | ||
PROPOSAL. (a) The commission staff shall conduct an initial review | ||
of each qualifying project proposal submitted to the commission and | ||
provide to commission members a summary of the review, including an | ||
analysis and recommendations. | ||
(b) Subject to Subsection (c), the commission shall use a | ||
value for money analysis in evaluating each qualifying project | ||
proposal to: | ||
(1) conduct a thorough risk analysis of the proposal | ||
that identifies specific risks shared between this state and the | ||
private partner and subjects the risks to negotiation in the | ||
contract; | ||
(2) determine if the proposal is in the best long-term | ||
financial interest of this state; and | ||
(3) determine if the project will provide a tangible | ||
public benefit to this state. | ||
(c) If commission staff determine that a value for money | ||
analysis is not appropriate for evaluating a specific qualifying | ||
project proposal, the staff shall submit to the commission a | ||
written report stating the reasons for using an alternative | ||
analysis methodology. | ||
(d) The commission shall coordinate with the commission's | ||
office of internal audit for review and receipt of comments on the | ||
reasonableness of the assumptions used in the value for money | ||
analysis or alternative analysis methodology used to evaluate a | ||
qualifying project proposal under this section. | ||
Sec. 2165.355. INITIAL PUBLIC HEARING ON QUALIFYING PROJECT | ||
PROPOSAL. (a) Before submitting a detailed qualifying project | ||
proposal to the Partnership Advisory Commission as required under | ||
Section 2268.058, the commission must hold an initial public | ||
hearing on the proposal. | ||
(b) The commission must post a copy of the detailed | ||
qualifying project proposal on the commission's Internet website | ||
before the required public hearing and, before posting the | ||
proposal, redact all information included in the proposal that is | ||
considered confidential under Section 2267.066(c). | ||
(c) After the hearing, the commission shall: | ||
(1) modify the proposal as the commission determines | ||
appropriate based on the public comments; and | ||
(2) include the public comments in the documents | ||
submitted to the Partnership Advisory Commission and provide any | ||
additional information necessary for the evaluation required under | ||
Chapter 2268. | ||
Sec. 2165.356. SUBMISSION OF QUALIFYING PROJECT CONTRACT TO | ||
CONTRACT ADVISORY TEAM. (a) Not later than the 60th day before the | ||
date the commission is scheduled to vote on approval of a qualifying | ||
project contract, the commission must submit to the Contract | ||
Advisory Team established under Subchapter C, Chapter 2262, | ||
documentation of the modifications to a proposed qualifying project | ||
made during the commission's evaluation and negotiation process for | ||
the project, including a copy of: | ||
(1) the final draft of the contract; | ||
(2) the detailed qualifying project proposal; and | ||
(3) any executed interim or other agreement. | ||
(b) The Contract Advisory Team shall review the | ||
documentation submitted under Subsection (a) and provide written | ||
comments and recommendations to the commission. The review must | ||
focus on, but not be limited to, best practices for contract | ||
management and administration. | ||
(c) Commission staff shall provide to the commission | ||
members: | ||
(1) a copy of the Contract Advisory Team's written | ||
comments and recommendations; and | ||
(2) the staff's response to the comments and | ||
recommendations. | ||
Sec. 2165.357. PROHIBITED EMPLOYMENT OF COMMISSION | ||
EMPLOYEE. (a) A commission employee may not be employed or hired by | ||
another person to perform duties that relate to the employee's | ||
specific duties in developing and implementing a qualifying | ||
project, including review, evaluation, development, and | ||
negotiation of a qualifying project proposal. | ||
(b) The commission shall obtain from each commission | ||
employee sufficient information for the commission to determine | ||
whether: | ||
(1) the employee is employed by another person; and | ||
(2) a potential conflict of interest exists between | ||
the employee's commission duties and the employee's duties with the | ||
other employer. | ||
(c) Each commission employee whose commission duties relate | ||
to a qualifying project, including long-range planning, real estate | ||
management, space management, and leasing services, shall attest | ||
that the employee is aware of and agrees to the commission's ethics | ||
and conflict-of-interest policies. | ||
(d) To the extent the employment is authorized by commission | ||
policy, this section does not prohibit additional employment for a | ||
commission employee whose commission duties are not related to a | ||
qualifying project. | ||
SECTION 8. Section 2166.001, Government Code, is amended by | ||
amending Subdivisions (1) and (1-a) and adding Subdivision (1-b) to | ||
read as follows: | ||
(1) "Capitol Complex" has the meaning prescribed by | ||
Section 411.061(a)(1). | ||
(1-a) "Commission" means the Texas Facilities | ||
Commission. | ||
(1-b) [ |
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reconstruction. | ||
SECTION 9. Section 2166.101(d), Government Code, is amended | ||
to read as follows: | ||
(d) The commission shall summarize its findings on the | ||
status of state-owned buildings and current information on | ||
construction costs in an electronically submitted [ |
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of the house of representatives, comptroller, and Legislative | ||
Budget Board not later than July 1 of each even-numbered year [ |
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SECTION 10. Section 2166.102(b), Government Code, is | ||
amended to read as follows: | ||
(b) The commission shall maintain a six-year capital | ||
planning cycle and shall electronically submit [ |
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facilities plan with the governor, lieutenant governor, speaker of | ||
the house of representatives, [ |
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before July 1 of each even-numbered year. | ||
SECTION 11. Section 2166.103(b), Government Code, is | ||
amended to read as follows: | ||
(b) Not later than July 1 of each even-numbered year [ |
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submit [ |
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of the house of representatives, the comptroller, and the | ||
Legislative Budget Board a report identifying counties in which | ||
more than 50,000 square feet of usable office space is needed and | ||
the commission's recommendations for meeting that need. The | ||
commission may recommend leasing or purchasing and renovating one | ||
or more existing buildings or constructing one or more buildings. | ||
SECTION 12. Subchapter C, Chapter 2166, Government Code, is | ||
amended by adding Sections 2166.105, 2166.106, 2166.107, and | ||
2166.108 to read as follows: | ||
Sec. 2166.105. CAPITOL COMPLEX MASTER PLAN. (a) The | ||
commission shall prepare a Capitol Complex master plan that at a | ||
minimum includes: | ||
(1) an overview and summary of the previous plans for | ||
the Capitol Complex; | ||
(2) a stated strategic vision and long-term goals for | ||
the Capitol Complex; | ||
(3) an analysis of state property, including | ||
buildings, in the Capitol Complex and of the extent to which this | ||
state satisfies its space needs through use of the property; | ||
(4) in consultation with the General Land Office, an | ||
analysis of the current and forecasted real estate market | ||
conditions in the Austin area; | ||
(5) detailed, site-specific proposals for developing | ||
state property in the Capitol Complex, including proposals on the | ||
use of property and space for public or private sector purposes; | ||
(6) an analysis of and recommendations for building | ||
design guidelines to ensure appropriate quality in new or remodeled | ||
buildings in the Capitol Complex; | ||
(7) an analysis of and recommendations for Capitol | ||
Complex infrastructure needs, including transportation, utilities, | ||
and parking; | ||
(8) for projects identified in the plan, an analysis | ||
of and recommendations for financing options, including private | ||
sector participation; | ||
(9) time frames for implementing the plan components | ||
and any projects identified in the plan; | ||
(10) consideration of alternative options for meeting | ||
state space needs outside the Capitol Complex; and | ||
(11) other information relevant to the Capitol Complex | ||
as the commission determines appropriate. | ||
(b) The commission shall ensure that the General Land | ||
Office, the State Preservation Board, the Texas Historical | ||
Commission, and other relevant interested parties are included in | ||
each stage of the development of the Capitol Complex master plan. | ||
(c) The commission shall submit to the governor, lieutenant | ||
governor, speaker of the house of representatives, comptroller, and | ||
Legislative Budget Board: | ||
(1) not later than July 1, 2014, the initial Capitol | ||
Complex master plan; and | ||
(2) not later than July 1 of each even-numbered year | ||
thereafter, updates to the plan. | ||
(d) The commission shall ensure that the Capitol Complex | ||
master plan and the master facilities plan developed under Section | ||
2166.102 do not conflict and together comprehensively address the | ||
space needs of state agencies. | ||
Sec. 2166.106. REVIEW OF PROPOSED CAPITOL COMPLEX MASTER | ||
PLAN BY STATE PRESERVATION BOARD AND GENERAL LAND OFFICE. (a) Not | ||
later than the 90th day before the date the commission holds a | ||
public meeting to discuss a proposed Capitol Complex master plan, | ||
the commission must submit the proposed plan to the State | ||
Preservation Board and the General Land Office for review and | ||
comment. | ||
(b) Not later than the 60th day before the date the | ||
commission holds a public meeting to discuss a proposed update to | ||
the Capitol Complex master plan, the commission must submit the | ||
proposed update to the State Preservation Board and the General | ||
Land Office for review and comment. | ||
(c) Not later than the 90th day after the date the State | ||
Preservation Board receives from the commission a proposed Capitol | ||
Complex master plan and not later than the 60th day after the date | ||
the board receives from the commission a proposed update to the | ||
plan, the board may: | ||
(1) by a public vote disapprove the plan or update if | ||
the board determines that the goals or recommendations in the plan | ||
or update are not in the best interest of the state or of the Capitol | ||
Complex; and | ||
(2) submit to the commission written comments and | ||
recommended modifications to the plan or update. | ||
(d) The proposed Capitol Complex master plan or the proposed | ||
update to the plan is considered to be approved by the State | ||
Preservation Board if the board does not hold the public vote | ||
authorized by Subsection (c) on or before the date required under | ||
that subsection. | ||
(e) The review of the Capitol Complex master plan under this | ||
section is in addition to the review required for a proposed project | ||
under Section 443.0071. | ||
Sec. 2166.107. COMPREHENSIVE PLANNING AND DEVELOPMENT | ||
PROCESS. (a) The commission by rule shall adopt a comprehensive | ||
process for planning and developing state property in the | ||
commission's inventory, including property in the Capitol Complex, | ||
and for assisting state agencies in space development planning for | ||
state property under Sections 2165.105 and 2165.1061. | ||
(b) The process under this section at a minimum must | ||
include: | ||
(1) a clear approach and specific time frames for | ||
obtaining input throughout the planning and development process | ||
from the public, interested parties, and state agencies, including | ||
the General Land Office and, for Capitol Complex property, the | ||
State Preservation Board and the Texas Historical Commission; | ||
(2) specific schedules for providing to the commission | ||
regular updates on planning and development efforts; | ||
(3) a public involvement policy to ensure that before | ||
the commission makes a decision on the use or development of state | ||
property the public and interested parties have the opportunity to | ||
review and comment on the commission's plans; and | ||
(4) confidentiality policies consistent with Chapter | ||
552. | ||
Sec. 2166.108. COMPREHENSIVE CAPITAL IMPROVEMENT AND | ||
DEFERRED MAINTENANCE PLAN. (a) The commission shall develop a | ||
comprehensive capital improvement and deferred maintenance plan | ||
that clearly defines the capital improvement needs and critical and | ||
noncritical maintenance needs of state buildings. | ||
(b) The comprehensive capital improvement and deferred | ||
maintenance plan must: | ||
(1) with respect to deferred maintenance projects: | ||
(A) list, with regular updates, deferred | ||
maintenance projects that contain critical high-priority projects | ||
and lower-priority, non-health and safety projects; | ||
(B) state the commission's plan for addressing | ||
the projects; | ||
(C) account for the completion of high-priority | ||
projects; | ||
(D) estimate when the lower-priority projects | ||
may become higher-priority projects; and | ||
(E) be modified as necessary to include | ||
additional maintenance projects; | ||
(2) contain a list of all predictable capital | ||
improvement projects, including a time frame and a cost estimate | ||
for each project; and | ||
(3) contain a plan, updated biennially, for responding | ||
to emergency repairs and replacements that, in consultation with | ||
the Legislative Budget Board, identifies potential sources of | ||
funds, which may include bonds and bond interest, that may be used | ||
to pay the costs of emergency repair and replacement projects. | ||
(c) The comprehensive capital improvement and deferred | ||
maintenance plan must include for each segment of the plan | ||
described by Subsection (b) a prioritized list by state agency | ||
facility of each project that includes an estimate of the project's | ||
cost and the aggregate costs for all facility projects. | ||
(d) The commission shall include the comprehensive capital | ||
improvement and deferred maintenance plan and regular updates to | ||
the plan in its long-range plan under Section 2166.102. The | ||
information included in the long-range plan must include the | ||
aggregate project costs for each state agency but may exclude the | ||
cost of each specific facility project. | ||
SECTION 13. Section 31.155(d), Natural Resources Code, is | ||
amended to read as follows: | ||
(d) The duty under this subchapter of the division to review | ||
and verify real property records and to make recommendations | ||
regarding real property and of the commissioner to prepare a report | ||
involving real property does not apply to: | ||
(1) the real property of an institution of higher | ||
education; | ||
(2) the real property that is part of a fund created or | ||
specifically authorized by the constitution of this state and that | ||
is administered by or with the assistance of the land office; | ||
(3) the real property of the Employees Retirement | ||
System of Texas; [ |
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(4) the real property of the Teacher Retirement System | ||
of Texas; and | ||
(5) the real property included in the Capitol Complex | ||
as defined by Section 411.061(a)(1), Government Code. | ||
SECTION 14. The Texas Facilities Commission shall: | ||
(1) not later than January 1, 2014: | ||
(A) develop the qualifying project review | ||
guidelines required by Section 2165.352, Government Code, as added | ||
by this Act; | ||
(B) develop the qualifying project proposal fee | ||
schedule required by Section 2165.353, Government Code, as added by | ||
this Act; and | ||
(C) adopt the comprehensive planning and | ||
development process required by Section 2166.107, Government Code, | ||
as added by this Act; and | ||
(2) not later than July 1, 2014: | ||
(A) prepare the Capitol Complex master plan | ||
required by Section 2166.105, Government Code, as added by this | ||
Act, and submit the plan as required by that section; and | ||
(B) prepare the comprehensive capital | ||
improvement and deferred maintenance plan required by Section | ||
2166.108, Government Code, as added by this Act. | ||
SECTION 15. 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, 2013. |