reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter I. Conservation of Energy and Water › Section 2166.401. Evaluation of Energy Alternatives

Sec. 2166.401.  EVALUATION OF ENERGY ALTERNATIVES.  (a)  For each project for which a project analysis is prepared under Subchapter D  and for which the construction, alteration, or repair involves installing or replacing all or part of an energy system, energy source, or energy-consuming equipment, the commission or the private design professional retained by the commission shall prepare a written evaluation of energy alternatives for the project.
(b)  The evaluation must include information about the economic and environmental impact of various energy alternatives, including an evaluation of economic and environmental costs both initially and over the life of the system, source, or equipment.
(c)  The evaluation must identify the best energy alternative for the project considering both economic and environmental costs and benefits.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter I. Conservation of Energy and Water › Section 2166.402. Energy or Water Conservation Standards for Entities Otherwise Excluded From Chapter

Sec. 2166.402.  ENERGY OR WATER CONSERVATION STANDARDS FOR ENTITIES OTHERWISE EXCLUDED FROM CHAPTER.  (a)  The governing body of a state agency, commission, or institution that is exempt from this chapter under Section 2166.003 shall adopt and publish energy or water conservation design standards as provided by Section 447.004 for a new building under the entity's authority.  The standards must be:
(1)  consistent with those adopted by the commission for other state buildings;  and
(2)  prepared in cooperation and consultation with the state energy conservation office.
(b)  The state energy conservation office shall assist the governing body of a state agency, commission, or institution subject to Subsection (a) in preparing energy conservation standards by providing technical assistance and advice.
(c)  The Texas Water Development Board shall assist the governing body of a state agency, commission, or institution described by Subsection (a) in preparing water conservation standards by providing technical assistance and advice.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 573, Sec. 7, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1158, Sec. 58, eff. June 15, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter I. Conservation of Energy and Water › Section 2166.404. Xeriscape on New Construction

Sec. 2166.404.  XERISCAPE ON NEW CONSTRUCTION.  (a)  The commission, in consultation with the Texas Natural Resource Conservation Commission, the Texas Department of Transportation, and the Industry Advisory Committee, by rule shall adopt guidelines for the required use of xeriscape on state property associated with the construction of a new state building, structure, or facility that begins on or after January 1, 1994, including a project otherwise exempt from this chapter under Section 2166.003.
(b)  The guidelines adopted under this section must:
(1)  establish standards for landscape design, installation, and maintenance that result in water conservation, including the use of appropriate plants, soil analysis, compost, efficient irrigation systems, and other water-conserving practices;
(2)  identify beneficial plant species;
(3)  specify the maximum percentage of turf and the maximum percentage of impervious surface allowed in a xeriscaped area;
(4)  establish standards for selection and installation of turf;
(5)  establish standards for land clearing;
(6)  require preservation of existing native vegetation identified as beneficial;  and
(7)  establish a monitoring program to ensure implementation of and compliance with this section.
(c)  The Industry Advisory Committee is composed of nine members who are Texas residents appointed by the commission.  Three members must be nursery-product growers, three members must be turf-growers, and three members must be landscape contractors.  The commission shall make appointments from a list of recommendations submitted to the commission by the Texas Association of Nurserymen for the nursery-product-grower positions, the Texas Turf Association for the turf-grower positions, and the Texas Association of Landscape Contractors for the landscape-contractor positions.  Appointments are for staggered three-year terms arranged so that one person from each group is appointed each year.  The appointments to the committee must reflect this state's gender and ethnic diversity.
(d)  In this section, "xeriscape" means a landscaping method that maximizes the conservation of water by using plants that are appropriate to the site and efficient water-use techniques.  The term includes:
(1)  planning and design;
(2)  appropriate choice of plants;
(3)  soil analysis;
(4)  soil improvement using compost;
(5)  efficient and appropriate irrigation;
(6)  practical use of turf;
(7)  appropriate use of mulches;  and
(8)  proper maintenance.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter I. Conservation of Energy and Water › Section 2166.405. Xeriscape Phase-In

Sec. 2166.405.  XERISCAPE PHASE-IN.  The commission shall develop a five-year program for phasing in the use of xeriscape on state property associated with a state-owned building, structure, or facility on which construction began before January 1, 1994.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter I. Conservation of Energy and Water › Section 2166.408. Evaluation of Architectural and Engineering Design Alternatives

Sec. 2166.408.  EVALUATION OF ARCHITECTURAL AND ENGINEERING DESIGN ALTERNATIVES.  (a)  For each project for which a project analysis is prepared under Subchapter D and for which architectural or engineering design choices will affect the energy-efficiency of the building, the commission or the private design professional retained by the commission shall prepare a written evaluation of energy-efficient architectural or engineering design alternatives for the project.
(b)  The evaluation must include information about the economic and environmental impact of various energy-efficient architectural or engineering design alternatives, including an evaluation of economic and environmental costs both initially and over the life of the architectural or engineering design.
(c)  The evaluation must identify the best architectural and engineering designs for the project considering both economic and environmental costs and benefits.
Added by Acts 2005, 79th Leg., Ch. 856 (S.B. 982), Sec. 6, eff. June 17, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter J. Acquisition of Existing Buildings › Section 2166.451. Acquisition of Historic Structures

Sec. 2166.451.  ACQUISITION OF HISTORIC STRUCTURES.  (a)  In acquiring real property, each using agency shall first consider a building that is designated as a historic structure under Section 442.001 or a building that has been designated a landmark by the local governing authority if:
(1)  the building meets requirements and specifications;  and
(2)  the cost is not substantially higher than that of other available structures that meet requirements and specifications.
(b)  If the using agency rejects acquisition of a historic structure because of the structure's cost, the agency shall forward to the commission for inclusion in the project analysis for the new construction or acquisition a comparison of the cost of the new construction or acquisition with the cost of the purchase and rehabilitation of the historic structure.
(c)  In determining the feasibility of acquiring a historic structure, the using agency shall evaluate the possibility of providing the space needed by the agency by combining new construction with acquisition of the historic structure.
(d)  On request of the using agency, the commission shall assist the agency in evaluating the feasibility of acquiring a historic structure and in preparing the information required by Subsection (b).
(e)  The commission shall comply with Subsections (a)-(c) for a:
(1)  project for which it is the using agency;  or
(2)  multiagency state office building for which it serves as the coordinating authority.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.08(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter J. Acquisition of Existing Buildings › Section 2166.454. Purchasing or Obtaining More Favorable Lease With Option to Purchase Agreements With Regard to Certain Leased Space

Sec. 2166.454.  PURCHASING OR OBTAINING MORE FAVORABLE LEASE WITH OPTION TO PURCHASE AGREEMENTS WITH REGARD TO CERTAIN LEASED SPACE.  (a)  This section and Sections 2166.4541 and 2166.4542 apply only in relation to space currently occupied by a state agency under one of seven lease with an option to purchase agreements:
(1)  entered into by the state before December 1994, for the benefit of the Texas Commission on Environmental Quality or its predecessor agency, the office of the attorney general, the successor of the Department of Human Services, the Department of Family and Protective Services, or the Texas Department of Transportation; and
(2)  under which the state may acquire title to the space by paying the purchase price remaining under the terms of the agreement on September 1 of an odd-numbered year.
(b)  If the commission determines that it is advantageous to the state, the commission may:
(1)  request the Texas Public Finance Authority to issue revenue bonds to finance the purchase of any or all of the space to which this section applies in accordance with Section 2166.4542 and Chapter 1232, if the commission determines that it is more advantageous to the state to purchase the space than to enter into a more favorable lease with an option to purchase agreement under Section 2166.4541 for that space; or
(2)  enter into a more favorable lease with an option to purchase agreement with regard to any or all of the space to which this section applies by taking the actions authorized by Section 2166.4541 under the conditions prescribed by Section 2166.4541, if the commission determines that it is more advantageous to the state to enter into a more favorable lease with an option to purchase agreement for that space than to purchase the space under Section 2166.4542 and Chapter 1232.
(c)  This section expires September 2, 2008, except that this section is continued in effect after that date for the limited purpose of applying with regard to any transaction authorized by this section and Section 2166.4541 or 2166.4542 that occurs before that date.
Added by Acts 2005, 79th Leg., Ch. 1310 (H.B. 3147), Sec. 1, eff. June 18, 2005.
For expiration of Section 2166.4541, see Subsection (g).
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter J. Acquisition of Existing Buildings › Section 2166.4542. Purchasing Certain Leased Space

Sec. 2166.4542.  PURCHASING CERTAIN LEASED SPACE.  (a)  Subject to Section 2166.454(b), the commission may purchase any or all of the space described by Section 2166.454(a) in accordance with this section and Chapter 1232.
(b)  The commission shall request the Texas Public Finance Authority to issue revenue obligations to finance the purchase price of any or all of the space described by Section 2166.454(a) that the commission elects to purchase under this section.  The authority shall issue the revenue obligations in accordance with and subject to all provisions of Chapter 1232 applicable to revenue obligations, including all provisions relating to ensuring that the revenue obligations are paid, except that Section 1232.108(2) does not apply.
(c)  The authority shall issue the revenue obligations in amounts sufficient to:
(1)  pay the authority's expenses in connection with issuing the revenue obligations;
(2)  pay the purchase price of the space described by Section 2166.454(a) included in the request of the commission  according to the terms of the applicable existing lease with an option to purchase agreement or agreements; and
(3)  if the commission considers it advisable to make capital improvements to the space, pay for making the capital improvements.
(d)  At the time that a building is purchased under this section, money specifically appropriated by the legislature to an agency occupying space in the building for lease payments under the applicable lease with an option to purchase agreement, or the money available to and budgeted by the agency for that purpose, shall be transferred to the commission and used by the commission only to make the required lease or rental payments to the authority during the remainder of the state fiscal biennium during which the building was purchased under this section.
(e)  This section expires September 2, 2008, except that this section is continued in effect after that date for the limited purpose of applying with regard to any transaction authorized by Section 2166.454 and this section that occurs before that date.
Added by Acts 2005, 79th Leg., Ch. 1310 (H.B. 3147), Sec. 1, eff. June 18, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter K. Monuments, Memorials, and Historic Sites › Section 2166.501. Monuments and Memorials

Sec. 2166.501.  MONUMENTS AND MEMORIALS.  (a)  A monument or memorial for Texas heroes of the Confederate States of America or the Texas War for Independence or to commemorate another event or person of historical significance to Texans and this state may be erected on land owned or acquired by the state or, if a suitable contract can be made for permanent preservation of the monument or memorial, on private property or land owned by the federal government or other states.
(b)  The graves of Texans described by Subsection (a) may be located and marked.
(c)  The commission shall maintain a monument or memorial erected by this state to commemorate the centenary of Texas' independence.
(d)  Before the erection of a new monument or memorial, the commission must obtain the approval of the Texas Historical Commission regarding the form, dimensions, and substance of, and inscriptions or illustrations on, the monument or memorial.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter K. Monuments, Memorials, and Historic Sites › Section 2166.5011. Removal, Relocation, or Alteration of a Monument or Memorial

Sec. 2166.5011.  REMOVAL, RELOCATION, OR ALTERATION OF A MONUMENT OR MEMORIAL.  (a)  In this section, "monument or memorial" means a permanent monument, memorial, or other designation, including a statue, portrait, plaque, seal, symbol, building name, or street name, that:
(1)  is located on state property;  and
(2)  honors a citizen of this state for military or war-related service.
(b)  Notwithstanding any other provision of this code, a monument or memorial may be removed, relocated, or altered only:
(1)  by the legislature;
(2)  by the Texas Historical Commission;
(3)  by the State Preservation Board;  or
(4)  as provided by Subsection (c).
(c)  A monument or memorial may be removed, relocated, or altered in a manner otherwise provided by this code as necessary to accommodate construction, repair, or improvements to the monument or memorial or to the surrounding state property on which the monument or memorial is located.  Any monument or memorial that is permanently removed under this subsection must be relocated to a prominent location.
Added by Acts 2001, 77th Leg., ch. 377, Sec. 7, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter K. Monuments, Memorials, and Historic Sites › Section 2166.502. Contracts With Texas Historical Commission

Sec. 2166.502.  CONTRACTS WITH TEXAS HISTORICAL COMMISSION.  The commission may negotiate and contract with the Texas Historical Commission to assist and advise the commission with regard to the:
(1)  proper monuments and memorials to be erected, repaired, or moved to new locations;
(2)  selection of sites for those monuments and memorials;  and
(3)  locating and marking of graves.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter K. Monuments, Memorials, and Historic Sites › Section 2166.503. Acquisition of Archaeological, Paleontological, and Historic Sites

Sec. 2166.503.  ACQUISITION OF ARCHAEOLOGICAL, PALEONTOLOGICAL, AND HISTORIC SITES.  (a)  The commission may acquire by gift, devise, purchase, or exercise of its general power of eminent domain land in this state on which is located:
(1)  a building, site, or landmark of statewide historical significance associated with historic events or personalities;
(2)  a prehistoric ruin;
(3)  a burial ground;
(4)  an archaeological site;
(5)  a vertebrate paleontological site;  or
(6)  a site containing fossilized footprints, an inscription made by human agency, or another archaeological, paleontological, or historic feature.
(b)  For a historic site, building, or structure, the commission may exercise the power of eminent domain under Subsection (a) only on a proper showing that the exercise is necessary to prevent destruction or deterioration of the historic site, building, or structure.
(c)  The commission may request from the Texas Historical Commission a certification or authentication of the worthiness of preservation of a feature listed in Subsection (a).
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter L. Special Uses and Facilities › Section 2166.551. Child Care Facility in State Building

Sec. 2166.551.  CHILD CARE FACILITY IN STATE BUILDING.  (a)  The commission, in consultation with the Child Care Advisory Committee, shall determine whether a child care facility may be included in a state-owned office building constructed after September 1, 1989, that contains 100,000 square feet or more of net usable space.
(b)  Before developing a rehabilitation or renovation plan for a project to rehabilitate or renovate substantially an existing state-owned office building containing 100,000 square feet or more of net usable space, the commission, in consultation with the Child Care Advisory Committee, shall determine whether a child care facility may be included in the rehabilitation or renovation project.
(c)  The commission shall include a child care facility in a construction, rehabilitation, or renovation project if the commission, in consultation with the Child Care Advisory Committee, determines that the child care facility should be included.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 761, Sec. 12, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter L. Special Uses and Facilities › Section 2166.552. Fine Arts Projects

Sec. 2166.552.  FINE ARTS PROJECTS.  (a)  A using agency that requests a project analysis by the commission for a building construction project that is estimated to cost more than $250,000 may specify in the general description of the project that up to one percent of the amount of the original project cost estimate be spent for fine arts projects at or near the site of the project.  The using agency may consult the Texas Commission on the Arts in preparing the general description of the project.
(b)  The using agency, the commission, and the Texas Commission on the Arts may conduct a public hearing to take testimony from interested persons regarding the costs and benefits of using a portion of the cost of the project for fine arts projects.
(c)  The commission shall initiate negotiations for and enter into a memorandum of understanding with the Texas Commission on the Arts to establish guidelines for implementing this section.  The memorandum of understanding must be adopted by the governing bodies of the commission and the Texas Commission on the Arts.  After a memorandum of understanding is adopted, the Texas Commission on the Arts shall publish the memorandum of understanding in the Texas Register.
(d)  If the legislature authorizes and appropriates money for a fine arts project, the commission shall cooperate with the Texas Commission on the Arts and consult it for advice in determining how to use the money appropriated for the fine arts project.
(e)  In selecting a fine arts project, emphasis should be placed, whenever feasible, on works by living Texas artists.  Consideration shall be given to artists of all ethnic origins.
(f)  This section does not limit, restrict, or prohibit the commission from including expenditures for fine arts in its original project cost estimate.
(g)  In this section, "fine arts project" includes murals, fountains, mosaics, and other aesthetic improvements.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.06(b), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter L. Special Uses and Facilities › Section 2166.553. Acquisition and Construction of Buildings for Health and Human Services Agencies

Sec. 2166.553.  ACQUISITION AND CONSTRUCTION OF BUILDINGS FOR HEALTH AND HUMAN SERVICES AGENCIES.  (a)  The commission may not acquire or approve construction of a building, including a building the acquisition or construction of which is financed under Chapter 1232, to serve the needs of a single health and human services agency unless the agency can provide a reason to the commission for not sharing space in the building with one or more other health and human services agencies.
(b)  In this section, "health and human services agency" means the:
(1)  Interagency Council on Early Childhood Intervention Services;
(2)  Texas Department on Aging;
(3)  Texas Commission on Alcohol and Drug Abuse;
(4)  Texas Commission for the Blind;
(5)  Texas Commission for the Deaf and Hard of Hearing;
(6)  Texas Department of Health;
(7)  Texas Department of Human Services;
(8)  Texas Department of Mental Health and Mental Retardation;
(9)  Texas Rehabilitation Commission;  and
(10)  Department of Protective and Regulatory Services.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 53, Sec. 2, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.242, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter L. Special Uses and Facilities › Section 2166.554. Lease of Federal Property for Department of Public Safety

Sec. 2166.554.  LEASE OF FEDERAL PROPERTY FOR DEPARTMENT OF PUBLIC SAFETY.  (a)  The Department of Public Safety of the State of Texas may enter into a long-term lease of a portion of federal real property known as Fort Bliss.
(b)  A lease entered into under Subsection (a):
(1)  is for the use and benefit of this state; and
(2)  may be for a period or term until the real property is donated to the Department of Public Safety of the State of Texas.
Added by Acts 2013, 83rd Leg., R.S., Ch. 807 (S.B. 1708), Sec. 1, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter A. General Provisions › Section 2167.001. Applicability

Sec. 2167.001.  APPLICABILITY.  (a)  This chapter applies to:
(1)  office space;
(2)  warehouse space;
(3)  laboratory space;
(4)  storage space exceeding 1,000 gross square feet;
(5)  boat storage space;
(6)  aircraft hangar space other than hangar space and adjacent space leased by the Texas Department of Transportation at Austin-Bergstrom International Airport and operated for the purpose of providing air transportation services for the State of Texas;
(7)  vehicle parking space; and
(8)  a combination of those kinds of space.
(b)  This chapter does not apply to:
(1)  radio antenna space;
(2)  residential space for a Department of State Health Services or Health and Human Services Commission program;
(3)  residential space for a Texas Juvenile Justice Department program;
(4)  space to be used for less than one month for meetings, conferences, conventions, seminars, displays, examinations, auctions, or similar purposes;
(5)  district office space for members of the legislature;
(6)  space used by the Texas Workforce Commission;
(7)  residential property acquired by the Texas Department of Housing and Community Affairs or the Texas State Affordable Housing Corporation that is offered for sale or rental to individuals and families of low or very low income or families of moderate income;
(8)  except as provided by Section 2167.007, space for a university system or institution of higher education;
(9)  space leased by the Texas Veterans Commission to administer the veterans employment services program; or
(10)  space for the Texas Department of Motor Vehicles.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 980, Sec. 2, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1286, Sec. 1, eff. June 18, 1999;  Acts 2003, 78th Leg., ch. 309, Sec. 4.01, eff. June 18, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1385 (S.B. 1655), Sec. 9, eff. June 19, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1049 (S.B. 5), Sec. 4.04, eff. June 17, 2011.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 115, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 215 (S.B. 1349), Sec. 3, eff. May 28, 2017.
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 55, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 30 (H.B. 446), Sec. 5.28, eff. September 1, 2023.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter A. General Provisions › Section 2167.0011. Definition

Sec. 2167.0011.  DEFINITION.  In this chapter, "commission" means the Texas Facilities Commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.32, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter A. General Provisions › Section 2167.002. Prerequisites for Leasing Space

Sec. 2167.002.  PREREQUISITES FOR LEASING SPACE.  (a)  The commission may lease space for a state agency in accordance with this chapter and the agency's specifications if:
(1)  state-owned space is not otherwise available to the agency; and
(2)  the agency has verified it has money available to pay for the lease.
(b)  In making a determination under this section that state-owned space is not available to a state agency, the commission must consider all reasonably available state-owned space in this state, regardless of whether utilizing state-owned space would require the agency to move all or part of the agency's operations to a different geographic location in this state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 224 (H.B. 265), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter A. General Provisions › Section 2167.0021. Best Value Standard for Lease of Space

Sec. 2167.0021.  BEST VALUE STANDARD FOR LEASE OF SPACE.  (a)  The commission shall lease space for the use of a state agency on the basis of obtaining the best value for the state.
(b)  The commission shall adopt rules establishing guidelines for the determination of best value in a lease contract.  In determining the best value, the commission may consider:
(1)  the cost of the lease contract;
(2)  the condition and location of lease space;
(3)  utility costs;
(4)  access to public transportation;
(5)  parking availability;
(6)  security;
(7)  telephone service availability;
(8)  indicators of probable lessor performance under the contract, such as the lessor's financial resources and the lessor's experience;
(9)  compliance with the architectural barriers law, Article 9102, Revised Statutes;  and
(10)  other relevant factors.
(c)  This section does not prohibit the commission from leasing space from the offeror that offers the space at the lowest cost if the commission determines that doing so obtains the best value for the state.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 10.01, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter A. General Provisions › Section 2167.003. First Consideration to Historic Structure

Sec. 2167.003.  FIRST CONSIDERATION TO HISTORIC STRUCTURE.  (a)  In leasing space for the use of a state agency, the commission or the private brokerage or real estate firm assisting the commission shall give first consideration to a building that is designated as a historic structure under Section 442.001 or to a building that has been designated a landmark by a local governing authority, if:
(1)  the building meets requirements and specifications;  and
(2)  the cost is not substantially higher than the cost for other available buildings that meet requirements and specifications.
(b)  When it considers leasing space for a state agency, the commission or the private brokerage or real estate firm assisting the commission shall notify each individual and organization that is:
(1)  on a list furnished to the commission by the Texas Historical Commission under Section 442.005;  and
(2)  in the county in which the commission is considering leasing space.
(c)  Repealed by Acts 2003, 78th Leg., ch. 309, Sec. 4.07(1).
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.08(b), eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1422, Sec. 10.02, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 309, Sec. 4.07(1), eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter A. General Provisions › Section 2167.004. Leasing Space for Health and Human Services Agencies

Sec. 2167.004.  LEASING SPACE FOR HEALTH AND HUMAN SERVICES AGENCIES.  (a)  Notwithstanding any other provision of this chapter or of Subchapter C, Chapter 2165, the commission may not lease office space to serve the needs of any health and human services agency unless the Health and Human Services Commission has approved the office space for the agency.
(b)  Repealed by Acts 2003, 78th Leg., ch. 309, Sec. 4.07(2).
Text of subsection effective until April 01, 2025
(c)  In this section, "health and human services agency" has the meaning assigned by Section 531.001.
Text of subsection effective on April 01, 2025
(c)  In this section, "health and human services agency" has the meaning assigned by Section 521.0001.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.09(a), eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 1460, Sec. 3.12, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 309, Sec. 4.07(2), eff. June 18, 2003.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.21, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter A. General Provisions › Section 2167.005. Delegation of Authority to State Agencies

Sec. 2167.005.  DELEGATION OF AUTHORITY TO STATE AGENCIES.  (a)  The commission may delegate to a state agency, including an institution of higher education, the authority to enter into lease contracts for space if the commission determines that state-owned space is not available as provided by Section 2167.002.
(b)  Any reports on the lease contracts made under this delegated authority shall be required annually.
(c)  If information to be included in the report is also included in another report to be made by the institution of higher education to another state agency, the commission, the agency receiving the other report, and the institution of higher education shall enter into a memorandum of understanding concerning the information to be reported in order to enable the institution of higher education to provide the required information in the most cost-effective manner taking into account the costs to each affected agency.
(d)  The commission may revoke a delegation of authority made under this section.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.10(a), eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 188, Sec. 4.02, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1422, Sec. 10.03, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 309, Sec. 4.02, eff. June 18, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 224 (H.B. 265), Sec. 2, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter A. General Provisions › Section 2167.0051. Classroom and Instructional Space

Sec. 2167.0051.  CLASSROOM AND INSTRUCTIONAL SPACE.  (a)  An institution of higher education may not lease classroom and instructional space unless the portion of the building to be used by the institution complies with the applicable standards and specifications under the architectural barriers law, Article 9102, Revised Statutes.
(b)  An institution of higher education may lease classroom and instructional space through competitive bidding in accordance with Section 2167.053 or through competitive sealed proposals in accordance with Section 2167.054 or may negotiate for that space on making a determination that competition is not available and shall include provisions to obtain a lease contract for classroom and instructional space in accordance with Section 2167.055.
Added by Acts 1999, 76th Leg., ch. 1286, Sec. 2, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter A. General Provisions › Section 2167.006. Elimination of Barriers to Persons With Disabilities in Leased Buildings

Sec. 2167.006.  ELIMINATION OF BARRIERS TO PERSONS WITH DISABILITIES IN LEASED BUILDINGS.  (a)  The commission may not enter a lease contract under this chapter unless it complies with the architectural barriers law, Article 9102, Revised Statutes.
(b)  A state agency, including an institution of higher education, may not enter a lease contract under Section 2167.005 unless the agency complies with the architectural barriers law, Article 9102, Revised Statutes.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 10.04, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter A. General Provisions › Section 2167.007. Leasing Services to State Agencies

Sec. 2167.007.  LEASING SERVICES TO STATE AGENCIES.  (a)  This chapter does not prohibit the commission from providing leasing services to a state agency otherwise excluded from its requirements.
(b)  Services performed under Subsection (a) are not subject to the interagency cooperation law, Chapter 771.
(c)  The commission may establish a system of charges and billings to assure the recovery of the cost of providing services under Subsection (a) and may submit, after the close of each month, a purchase voucher or journal voucher to an agency for which services were provided.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 309, Sec. 4.03, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter A. General Provisions › Section 2167.008. Rules

Sec. 2167.008.  RULES.  The commission shall adopt rules necessary to administer this chapter.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter A. General Provisions › Section 2167.009. Consideration to Military Installation

Sec. 2167.009.  CONSIDERATION TO MILITARY INSTALLATION.  In leasing space for the use of a state agency, the commission or the private brokerage or real estate firm assisting the commission shall give consideration to a federally owned or operated military installation or facility.
Added by Acts 2003, 78th Leg., ch. 149, Sec. 8, eff. May 27, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter B. Procedures for Leasing Space; Lease Contract › Section 2167.051. Leasing Space From Another Governmental Entity

Sec. 2167.051.  LEASING SPACE FROM ANOTHER GOVERNMENTAL ENTITY.  Space may be leased:
(1)  through an interagency contract from another state agency;  or
(2)  through a negotiated contract from:
(A)  the federal government;
(B)  a political subdivision, including a county, municipality, school district, water or irrigation district, hospital district, council of governments, or regional planning commission;
(C)  a statewide Texas public retirement system in a commercial building that is completely owned, directly or indirectly, by the retirement system;  or
(D)  a children's advocacy center established under Subchapter E, Chapter 264, Family Code.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 341, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter B. Procedures for Leasing Space; Lease Contract › Section 2167.052. Leasing Space From Private Source

Sec. 2167.052.  LEASING SPACE FROM PRIVATE SOURCE.  (a)  Space may be leased from a private source through:
(1)  competitive bidding;
(2)  competitive sealed proposals under Section 2167.054;  or
(3)  direct negotiation.
(b)  The commission may negotiate for space on making a written determination that competition is not available.
(c)  The commission shall use the method for leasing space that provides the best value for the state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 10.05, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter B. Procedures for Leasing Space; Lease Contract › Section 2167.053. Leasing Space Through Competitive Bidding

Sec. 2167.053.  LEASING SPACE THROUGH COMPETITIVE BIDDING.  (a)  When space is leased through competitive bidding, the commission shall determine the bid that provides the best value for the state after considering moving costs, the cost of time lost in moving, the cost of telecommunications services, and other relevant factors.
(b)  The commission shall send to the leasing state agency:
(1)  a copy of all bids received;  and
(2)  the commission's recommended award.
(c)  If, after review of the bids and evaluation of all relevant factors, the leasing state agency's opinion is that the bid selected by the commission is not the bid that provides the best value for the state, it may file with the commission a written recommendation that the award be made to a bidder other than the commission's recommended bidder.  The leasing state agency's recommendation must contain the agency's justification for its recommendation and a complete explanation of all factors it considered.
(d)  The commission shall fully consider the leasing state agency's recommendation and, if it does not agree, shall notify the agency of its disagreement in writing.  The leasing state agency and the commission shall attempt to agree on the award.
(e)  If the commission and the leasing state agency do not agree within 30 days, all bids and pertinent documents shall be sent to the governor.  The governor shall designate the bidder to which the award shall be made.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 10.06, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter B. Procedures for Leasing Space; Lease Contract › Section 2167.054. Leasing Space Through Competitive Sealed Proposals

Sec. 2167.054.  LEASING SPACE THROUGH COMPETITIVE SEALED PROPOSALS.  (a)  The commission may lease space using competitive sealed proposals.
(b)  The commission shall solicit proposals by publishing a notice of request for proposals in:
(1)  the Texas Register;  and
(2)  a newspaper of general circulation in the county in which the space is to be leased.
(c)  The commission shall open each proposal in a manner that does not disclose the contents of the proposal during the process of negotiating with competing offerors.
(d)  As provided in a request for proposals and under rules adopted by the commission, the commission may discuss acceptable or potentially acceptable proposals with offerors to assess an offeror's ability to meet the solicitation requirements and to obtain the most advantageous lease contract for the state.  The commission may invite a leasing state agency to participate in discussions and negotiations conducted under this section.  After receiving a proposal but before making an award, the commission may permit the offeror to revise the proposal to obtain the best final proposal.
(e)  The commission may not disclose information derived from proposals submitted from competing offerors in conducting discussions under Subsection (d).
(f)  The commission shall provide each offeror whose proposal meets the minimum requirements in the request for proposals a reasonable opportunity to discuss and revise its proposal.
(g)  The commission shall make a written award of a lease to the offeror whose proposal provides the best value for the state, considering price and the evaluation factors in the request for proposals. The commission shall state in writing in the contract file the reasons for which an award is made.
(h)  The commission shall refuse all proposals if it determines that none of the proposals is acceptable.
(i)  If the competitive sealed proposal procedure for leasing space is used by a state agency that has been delegated leasing authority under Section 2167.005, the agency shall follow the procedures outlined by this section and any rules adopted by the commission.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 10.07, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 309, Sec. 4.04, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2167 - Lease of Space for State Agencies › Subchapter B. Procedures for Leasing Space; Lease Contract › Section 2167.0541. Use of Private Firms to Obtain Space

Sec. 2167.0541.  USE OF PRIVATE FIRMS TO OBTAIN SPACE.  (a)  The commission may contract with one or more private brokerage or real estate firms to assist the commission in obtaining lease space for state agencies on behalf of the commission under this chapter.
(b)  A private brokerage or real estate firm with which the commission contracts under Subsection (a) may assist the commission in leasing facilities under this chapter.
(c)  The commission may establish a system of charges and billings to recover the costs of contracting with a private brokerage or real estate firm under Subsection (a).
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 10.08, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 223 (H.B. 2377), Sec. 1, eff. May 27, 2005.