Bill Text: TX HB3750 | 2015-2016 | 84th Legislature | Enrolled


Bill Title: Relating to interim studies on real property owned by the state.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2015-06-19 - Effective immediately [HB3750 Detail]

Download: Texas-2015-HB3750-Enrolled.html
 
 
  H.B. No. 3750
 
 
 
 
AN ACT
  relating to interim studies on real property owned by the state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  INTERIM STUDY. (a) The State Office of Risk
  Management shall conduct an interim study on insurable state
  assets, using information provided by the Legislative Budget Board,
  to develop a statewide strategy to ensure that all real property
  owned by the state, including buildings, facilities, and land, is
  adequately insured.
         (b)  The Legislative Budget Board shall collect the
  information described by this section from each state agency and
  institution of higher education that possesses real property 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.
         (c)  The Legislative Budget Board shall coordinate the
  collection of comprehensive real property data for official state
  use, including for a state agency other than an institution of
  higher education, as defined by Section 61.003, Education Code:
               (1)  for each state-owned building or facility:
                     (A)  the name of the state agency that has charge
  and control of the building or facility;
                     (B)  the number or name of the building or
  facility;
                     (C)  the address and geographic coordinates of the
  building or facility;
                     (D)  a description of the building or facility,
  including the type of construction based on the Insurance Services
  Office classification system, the cost of construction, and a
  statement on the quality of the construction;
                     (E)  the year the building or facility was built
  or the acquisition date of the building or facility;
                     (F)  the number of stories and the square footage
  of the building or facility;
                     (G)  the occupancy type of the building or
  facility;
                     (H)  the amount of space in the building or
  facility that is being used, expressed as a percentage;
                     (I)  the status of the fire alarm system within
  the building or facility;
                     (J)  information on protection systems and
  features of the building or facility, including fire protection
  systems and features and any violations for which the building or
  facility has been cited;
                     (K)  the value of the building or facility based
  on replacement value, market value, donated value, or purchase
  price, including the year the building or facility was appraised;
                     (L)  the value of the contents of the building or
  facility;
                     (M)  the fund from which the building or facility
  was purchased;
                     (N)  information on the flood zone status of the
  building or facility;
                     (O)  any surrounding use of the building or
  facility; and
                     (P)  the type of fund profiled under the uniform
  statewide accounting system that the state agency used to purchase
  the building or facility; and
               (2)  for state-owned land:
                     (A)  the name of the state agency that has charge
  and control of the land;
                     (B)  the address and geographic coordinates of the
  land;
                     (C)  the name of the land, if any;
                     (D)  whether a historical marker is located on the
  land, and if so, a description of the historical marker;
                     (E)  the amount of acres of the land;
                     (F)  whether the land is located in a flood zone;
                     (G)  any surrounding use of the land;
                     (H)  the value of the land based on market value,
  donated value, or purchase price and the year the land was
  appraised; and
                     (I)  the fund from which the land was purchased.
         (d)  The Legislative Budget Board shall collect the real
  property data of an institution of higher education, as defined by
  Section 61.003, Education Code, from:
               (1)  the Texas Higher Education Coordinating Board, as
  such data is reported to that board, including, for each building or
  facility owned by an institution:
                     (A)  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;
                     (B)  the number or name of the building or
  facility;
                     (C)  the address and geographic coordinates of the
  building or facility;
                     (D)  a description of the building or facility,
  including the type of construction;
                     (E)  the year the building or facility was built
  or the acquisition date of the building or facility;
                     (F)  the number of stories and the square footage
  of the building or facility;
                     (G)  the occupancy type of the building or
  facility;
                     (H)  the amount of space in the building or
  facility that is being used, expressed as a percentage;
                     (I)  the value of the building or facility based
  on replacement value; and
                     (J)  information on the flood zone status of the
  building or facility; and
               (2)  each institution of higher education, including,
  for land owned by the institution:
                     (A)  the name of the institution that has charge
  and control of the land, including the number assigned to the
  institution by the Federal Interagency Committee on Education;
                     (B)  the address and geographic coordinates of the
  land;
                     (C)  the name of the land, if any;
                     (D)  the amount of acres of the land; and
                     (E)  the value of the land based on the market
  value or acquisition value.
         (e)  The Legislative Budget Board shall report the
  information submitted by each state agency and institution of
  higher education to the State Office of Risk Management by a date
  prescribed by the State Office of Risk Management.
         (f)  Not later than June 1, 2016, the State Office of Risk
  Management shall consolidate the information received by the
  Legislative Budget Board and enter it into a single database
  accessible by the legislature and all state agencies and
  institutions of higher education.
         (g)  Not later than August 31, 2016, the State Office of Risk
  Management shall conduct the insurable state asset interim study
  and report the office's findings and recommendations to the
  legislature. The report must include a statewide strategy that
  will ensure all real property owned by the state is adequately
  insured.
         SECTION 2.  SELECT INTERIM COMMITTEES; STUDY. (a) A Senate
  Select Committee on State Real Property Data Collection, Reporting,
  and Assessment and a House Select Committee on State Real Property
  Data Collection, Reporting, and Assessment are established to,
  separately or jointly, study:
               (1)  the potential benefits of maintaining a
  comprehensive database of all real property owned by the state;
               (2)  the potential financial loss to the state that
  could result from the state owning uninsured and underinsured real
  property;
               (3)  any efficiencies or cost savings potentially
  achieved by requiring the General Land Office to submit the annual
  report required under Section 31.157, Natural Resources Code, to
  the Texas Department of Transportation, the Employees Retirement
  System of Texas, and the Teacher Retirement System of Texas;
               (4)  the potential benefits or burdens, including
  administrative burdens, of requiring each state agency and
  institution of higher education to report information on the real
  property it possesses, at the same time and in a uniform manner, to
  a single entity, and how often the information should be reported;
               (5)  which state agency is best suited to collect
  information on all real property owned by the state and the
  appropriate method for collecting this information;
               (6)  the information that is currently reported by
  state agencies and institutions of higher education regarding real
  property of which agencies and institutions have charge and
  control;
               (7)  the distinction between state agencies and
  institutions of higher education that report information on real
  property owned by the state as compared to state agencies and
  institutions of higher education that collect information for a
  report on real property owned by the state;
               (8)  information determined by the Legislative Budget
  Board as necessary for the State Office of Risk Management to
  conduct an insurable state asset study to develop a statewide
  strategy that will ensure all real property owned by the state is
  adequately insured;
               (9)  how often the State Office of Risk Management
  should submit an insurable state asset study to the legislature;
               (10)  the results of the appraisal required by
  Subsection (e) of this section, and the potential loss to the state
  by inadequately insuring the Capitol Complex, as defined by Section
  443.0071, Government Code; and
               (11)  other potential ways to ensure that the state is
  able to identify, track, and maintain a database of the location,
  condition, and replacement value of all real property owned by the
  state.
         (b)  Not later than November 30, 2015, the lieutenant
  governor shall appoint five senators to the Senate Select Committee
  on State Real Property Data Collection, Reporting, and Assessment
  and designate one senator to serve as the chair, and the speaker of
  the house of representatives shall appoint five state
  representatives to the House Select Committee on State Real
  Property Data Collection, Reporting, and Assessment and select one
  state representative to serve as the chair.
         (c)  The committees established under this section shall
  convene separately at the call of the chair of the respective
  committee, or jointly at the call of both chairs. In joint
  meetings, the chairs of each committee shall act as joint chairs.
         (d)  Following consideration of the factors listed in
  Subsection (a) of this section, the committees established under
  this section shall jointly adopt recommendations and report in
  writing any findings and adopted recommendations to the legislature
  not later than January 13, 2017. The report, at a minimum, must
  identify a single entity to collect information on all real
  property owned by the state, including buildings, facilities, and
  land.
         (e)  The committees established under this section shall
  conduct an appraisal of all or part of the Capitol Complex, as
  defined by Section 443.0071, Government Code. The appraisal must
  be completed in a manner that ensures that the committees can comply
  with the requirements of Subsection (a)(10) of this section.  To
  conduct the appraisal required under this subsection, the
  committees may:
               (1)  use the services of the State Office of Risk
  Management, including any existing appraisal contracts developed
  by the office; or
               (2)  contract with a state certified or state licensed
  real estate appraiser in accordance with Subchapter A, Chapter
  2254, Government Code, and other applicable state procurement
  practices.
         SECTION 3.  EXPIRATION. This Act expires September 1, 2017.
         SECTION 4.  EFFECTIVE DATE. 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, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3750 was passed by the House on May
  15, 2015, by the following vote:  Yeas 124, Nays 4, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3750 was passed by the Senate on May
  27, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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