reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter C. Allocation of Space › Section 2165.104. Space Use Study; Limitation on Allocation of Space

Sec. 2165.104.  SPACE USE STUDY;  LIMITATION ON ALLOCATION OF SPACE.  (a)  The commission periodically shall study the space requirements of state agencies that occupy space under the commission's charge and control, including state-owned space and space leased from other sources.
(b)  The commission shall use the results of the study to:
(1)  determine the optimal amount of space required for various state agency uses;  and
(2)  allocate space to state agencies in the best and most efficient manner possible.
(c)  The commission shall adopt rules consistent with private sector standards and industry best practices to govern the allocation of space.  The commission shall exempt from the space allocation rules adopted under this subsection:
(1)  an agency site at which there are so few employees that it is not practical to apply the rules adopted under this subsection to that site; and
(2)  an agency site at which it is not practical to apply the rules adopted under this subsection because of the site's type of space or use of space.
(d)  The commission shall conduct a study under this section at least once each state fiscal biennium.
(e)  This section does not apply to space that is not occupied by a state agency as defined by Section 2151.002.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 1.28, eff. Sept. 1, 1999;  Acts 2003, 78th Leg., ch. 309, Sec. 5.01, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 155 (H.B. 2379), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter C. Allocation of Space › Section 2165.105. State Agency Request for Space; Commission Determinations

Sec. 2165.105.  STATE AGENCY REQUEST FOR SPACE;  COMMISSION DETERMINATIONS.  (a)  The head of a state agency or that person's designee shall send to the commission a written request for space the agency needs to perform its functions.  A state agency may consider the need of its employees for child care services in its request for space.
(b)  After consulting the state agency regarding the amount and type of space requested, the commission shall determine:
(1)  whether a need for the space exists;  and
(2)  specifications for needed space.
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 2165 - State Buildings, Grounds, and Property › Subchapter C. Allocation of Space › Section 2165.106. Sharing Space

Sec. 2165.106.  SHARING SPACE.  The commission may:
(1)  consolidate requests for space of two or more state agencies with similar needs;  and
(2)  obtain and allocate space so that it is shared by the agencies.
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 2165 - State Buildings, Grounds, and Property › Subchapter C. Allocation of Space › Section 2165.1061. Space Allocation Plans; Transition Plans

Sec. 2165.1061.  SPACE ALLOCATION PLANS; TRANSITION PLANS.  (a)  In this section:
(1)  "Administrative office space" includes state-owned administrative office space and administrative office space leased by the state from other sources, but does not include space used by a health and human services agency as defined by Section 2167.004 for the delivery of direct client services or space located in a county with a population of 75,000 or less.
(2)  "State agency" means a department, commission, board, office, or other agency in the executive branch of state government created by the state constitution or a state statute, but does not include a university system or an institution of higher education as defined by Section 61.003, Education Code.
(b)  The commission shall study the space requirements of state agencies that occupy administrative office space.  Each state agency shall conduct an on-site space analysis and develop a space allocation plan using rules developed by the commission.  The space allocation plan shall identify usable and exempt space and shall specify whether each facility occupied by the state agency meets the requirements of Section 2165.104(c).  Each state agency shall submit a copy of its space allocation plan to the commission not later than September 30 of each odd-numbered year.
(c)  Based on a review of space allocation plans, the commission shall:
(1)  identify areas of the state in which more than one state agency occupies administrative office space and that have the greatest potential for cost savings;  and
(2)  evaluate the feasibility of colocating administrative office space within the same local labor market as defined by Section 2308.002.
(d)  The commission, in cooperation with affected state agencies, shall develop transition plans to implement the colocation of administrative office space.  Each plan must include a detailed statement of the costs and benefits of the proposed colocation.
(e)  The commission shall use the transition plans to colocate certain administrative office space of state agencies.
(f)   Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(2), eff. September 1, 2019.
(g)  The commission shall study the potential for colocating the administrative office space of a state agency with the office space of a federal agency.
(h)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(2), eff. September 1, 2019.
Added by Acts 1997, 75th Leg., ch. 1398, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 52, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1203 (S.B. 1455), Sec. 16, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(2), eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter C. Allocation of Space › Section 2165.107. Preferences in Assigning Space

Sec. 2165.107.  PREFERENCES IN ASSIGNING SPACE.  (a)  In filling a request for space, the commission shall give preference to available state-owned space.
(b)  In assigning office space in a state building financed from bond proceeds, the commission shall give first priority to a state agency that is not funded from general revenue.
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 2165 - State Buildings, Grounds, and Property › Subchapter C. Allocation of Space › Section 2165.108. Rules

Sec. 2165.108.  RULES.  The commission shall adopt rules necessary to administer its functions under this subchapter.
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 2165 - State Buildings, Grounds, and Property › Subchapter D. Lease of Public Grounds › Section 2165.151. Authority to Lease Public Grounds

Sec. 2165.151.  AUTHORITY TO LEASE PUBLIC GROUNDS.  All public grounds belonging to the state under the commission's charge and control may be leased for agricultural or commercial purposes.
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 2165 - State Buildings, Grounds, and Property › Subchapter D. Lease of Public Grounds › Section 2165.152. Lease of Building Space Not Affected

Sec. 2165.152.  LEASE OF BUILDING SPACE NOT AFFECTED.  This subchapter does not apply to space in a building that the commission may lease to a private tenant under Subchapter E.
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 2165 - State Buildings, Grounds, and Property › Subchapter D. Lease of Public Grounds › Section 2165.153. Advertisement of Lease Proposals

Sec. 2165.153.  ADVERTISEMENT OF LEASE PROPOSALS.  The commission shall advertise a lease proposal under this subchapter once a week for four consecutive weeks in at least two newspapers, one of which is published in the municipality in which the property is located or in the daily paper nearest to the property, and the other of which has statewide circulation.
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 2165 - State Buildings, Grounds, and Property › Subchapter D. Lease of Public Grounds › Section 2165.155. Approval by Attorney General

Sec. 2165.155.  APPROVAL BY ATTORNEY GENERAL.  Each lease under this subchapter is subject to the approval of the attorney general regarding both substance and form.
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 2165 - State Buildings, Grounds, and Property › Subchapter D. Lease of Public Grounds › Section 2165.156. Deposit of Lease Proceeds

Sec. 2165.156.  DEPOSIT OF LEASE PROCEEDS.  Money received from a lease under this subchapter, minus the amount spent for advertising and leasing expenses, shall be deposited:
(1)  in the state treasury to the credit of the general revenue fund;  or
(2)  if the land leased belongs to an eleemosynary institution for which there is an appropriate special fund, to the credit of the institution in the appropriate special fund.
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 2165 - State Buildings, Grounds, and Property › Subchapter D. Lease of Public Grounds › Section 2165.157. Forms, Rules, and Contracts

Sec. 2165.157.  FORMS, RULES, AND CONTRACTS.  The commission shall adopt proper forms, rules, and contracts that will in its best judgment protect the interest of the state.
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 2165 - State Buildings, Grounds, and Property › Subchapter D. Lease of Public Grounds › Section 2165.158. Rejection of Bids

Sec. 2165.158.  REJECTION OF BIDS.  The commission may reject any and all bids under this subchapter.
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 2165 - State Buildings, Grounds, and Property › Subchapter E. Lease of Space in State-Owned Buildings to Private Tenants › Section 2165.201. Purpose of Subchapter

Sec. 2165.201.  PURPOSE OF SUBCHAPTER.  The purpose of this subchapter is to:
(1)  encourage the most efficient use of valuable space in state office buildings and parking garages;
(2)  serve the needs of employees and visitors in the buildings;
(3)  provide child care services for state employees;  and
(4)  enhance the social, cultural, and economic environment in and near the buildings.
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 2165 - State Buildings, Grounds, and Property › Subchapter E. Lease of Space in State-Owned Buildings to Private Tenants › Section 2165.202. Applicability

Sec. 2165.202.  APPLICABILITY.  This subchapter applies only to the lease of space in a state-owned building to a private tenant.
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 2165 - State Buildings, Grounds, and Property › Subchapter E. Lease of Space in State-Owned Buildings to Private Tenants › Section 2165.203. Lease; Fair Market Value

Sec. 2165.203.  LEASE;  FAIR MARKET VALUE.  In a state-owned building that is under the commission's control and that is used primarily for office space or vehicle parking for state government, the commission may lease at fair market value space to private tenants for commercial, cultural, educational, or recreational activities.
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 2165 - State Buildings, Grounds, and Property › Subchapter E. Lease of Space in State-Owned Buildings to Private Tenants › Section 2165.204. Lease of Space in State-Owned Parking Lots and Garages; Private Individual Use of Excess Individual Parking Spaces

Sec. 2165.204.  LEASE OF SPACE IN STATE-OWNED PARKING LOTS AND GARAGES; PRIVATE INDIVIDUAL USE OF EXCESS INDIVIDUAL PARKING SPACES.  (a)  The commission may lease to a private individual an individual parking space in a state-owned parking lot or garage located in the city of Austin if the commission determines the parking space to be in excess of the number of parking spaces sufficient to accommodate the regular parking requirements of state employees employed near the lot or garage and visitors to nearby state government offices.
(b)  Money received from a lease under this section shall be deposited to the credit of the general revenue fund.
(c)  In leasing a parking space under Subsection (a), the commission must ensure that the lease does not restrict uses for parking lots and garages developed under Section 2165.2035, including special event parking related to institutions of higher education.
(d)  In leasing or renewing a lease for a parking space under Subsection (a), the commission shall give preference to an individual who is currently leasing or previously leased the parking space.
Added by Acts 2011, 82nd Leg., R.S., Ch. 910 (S.B. 1068), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter E. Lease of Space in State-Owned Buildings to Private Tenants › Section 2165.2045. Lease of Space in State-Owned Parking Lots and Garages; Certain Governmental Entities' Use of Excess Blocks of Parking Space

Sec. 2165.2045.  LEASE OF SPACE IN STATE-OWNED PARKING LOTS AND GARAGES; CERTAIN GOVERNMENTAL ENTITIES' USE OF EXCESS BLOCKS OF PARKING SPACE.  (a)  The commission may lease to an institution of higher education or a local government all or a significant block of a state-owned parking lot or garage located in the city of Austin if the commission determines the parking spaces located in the lot or garage to be in excess of the number of parking spaces sufficient to accommodate the regular parking requirements of state employees employed near the lot or garage and visitors to nearby state government offices.
(b)  Money received from a lease under this section shall be deposited to the credit of the general revenue fund.
(c)  In leasing all or a block of a state-owned parking lot or garage under Subsection (a), the commission must ensure that the lease does not restrict uses for parking lots and garages developed under Section 2165.2035, including special event parking related to institutions of higher education.
(d)  In leasing or renewing a lease for all or a block of a state-owned parking lot or garage under Subsection (a), the commission shall give preference to an entity that is currently leasing or previously leased the lot or garage or a block of the lot or garage.
Added by Acts 2011, 82nd Leg., R.S., Ch. 910 (S.B. 1068), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter E. Lease of Space in State-Owned Buildings to Private Tenants › Section 2165.2046. Reports on Parking Programs

Sec. 2165.2046.  REPORTS ON PARKING PROGRAMS.  On or before December 1 of each even-numbered year, the commission 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.
Added by Acts 2011, 82nd Leg., R.S., Ch. 910 (S.B. 1068), Sec. 2, eff. June 17, 2011.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 11, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter E. Lease of Space in State-Owned Buildings to Private Tenants › Section 2165.205. Limitations on Amount, Location, and Use of Leased Space

Sec. 2165.205.  LIMITATIONS ON AMOUNT, LOCATION, AND USE OF LEASED SPACE.  (a)  The commission may not lease space to a private tenant for use as private office space unless the private office space is related and incidental to another commercial, cultural, educational, recreational, or child care activity of the tenant in the building.
(b)  Except as provided by this subchapter and Chapter 663, the commission shall determine the amount of space in a building to be allocated to private tenants and the types of activities in which the tenants may engage according to the market for certain activities among employees and visitors in the building and in the vicinity of the building.
(c)  Except as provided by Section 2165.215, the amount of space allocated to private tenants may not exceed 15 percent of the total space in the building.  Space leased to provide child care services for state employees does not count toward the 15 percent maximum.
(d)  If the commission allocates space in a building to a private tenant, it shall encourage the tenant to lease space with street frontage or space in another area of heavy pedestrian activity.
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 2165 - State Buildings, Grounds, and Property › Subchapter E. Lease of Space in State-Owned Buildings to Private Tenants › Section 2165.206. Lease of Space for Child Care Facility

Sec. 2165.206.  LEASE OF SPACE FOR CHILD CARE FACILITY.  (a)  Providing a site for a child care facility in a state-owned building has first priority over all other uses of a building, except for the purposes essential to the official functions of the agencies housed in the building.
(b)  If the commission allocates space for the purpose of providing child care services for state employees, the commission shall designate the use of the space most appropriate for child care.
(c)  Notwithstanding any other provision of this subtitle, the commission shall lease at a rate set by the commission suitable space in state-owned buildings to child care providers selected as provided by Chapter 663.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 761, Sec. 8, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter E. Lease of Space in State-Owned Buildings to Private Tenants › Section 2165.207. Method of Selecting Tenant

Sec. 2165.207.  METHOD OF SELECTING TENANT.  (a)  The commission may lease space in a building by negotiating a lease with a tenant or by selecting the tenant through competitive bidding.  In either event, the commission shall follow procedures that promote competition and protect the state's interests.
(b)  If the space is leased for the purpose of providing child care services for state employees, the commission may select the child care provider through procedures other than competitive bidding.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 761, Sec. 9, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter E. Lease of Space in State-Owned Buildings to Private Tenants › Section 2165.208. Utilities and Custodial Services

Sec. 2165.208.  UTILITIES AND CUSTODIAL SERVICES.  (a)  The commission may furnish utilities and custodial services to a private tenant at cost.
(b)  The commission shall furnish utilities and custodial services to a child care provider selected by the commission under Chapter 663 at cost.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 761, Sec. 10, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter E. Lease of Space in State-Owned Buildings to Private Tenants › Section 2165.209. Subleases and Assignments

Sec. 2165.209.  SUBLEASES AND ASSIGNMENTS.  The commission may permit a private tenant to sublease or assign space that the tenant leases.  The commission must approve in writing all subleases and assignments of leases.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 761, Sec. 11, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter E. Lease of Space in State-Owned Buildings to Private Tenants › Section 2165.210. Refusal to Lease Space or Permit an Activity

Sec. 2165.210.  REFUSAL TO LEASE SPACE OR PERMIT AN ACTIVITY.  The commission may refuse to lease space to a person or to permit an activity in a space if the commission considers the refusal to be in the state's best interests.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 761, Sec. 11, eff. Sept. 1, 2001.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter E. Lease of Space in State-Owned Buildings to Private Tenants › Section 2165.211. Use of Lease Proceeds

Sec. 2165.211.  USE OF LEASE PROCEEDS.  Money received from a lease under this subchapter may be used only for building and property services performed by the commission.
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 2165 - State Buildings, Grounds, and Property › Subchapter E. Lease of Space in State-Owned Buildings to Private Tenants › Section 2165.212. Vending Facilities; Texas Commission for the Blind

Sec. 2165.212.  VENDING FACILITIES;  TEXAS COMMISSION FOR THE BLIND.  (a)  The commission shall request the Texas Commission for the Blind to determine under Section 94.003, Human Resources Code, whether it is feasible to install a vending facility in a building in which the commission intends to lease space to a private tenant, other than a child care provider.  If the installation of the facility is feasible, the commission shall permit the installation in accordance with Chapter 94, Human Resources Code.
(b)  If a vending facility is installed, the commission may not lease space in the building to a tenant that the commission, after consultation with the Texas Commission for the Blind, determines would be in direct competition with the vending facility.
(c)  If the Texas Commission for the Blind determines that the installation of a vending facility is not feasible, the commission shall lease space to at least one private tenant whose activity in the building will be managed by a blind person or by a person with a disability who is not blind.
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 2165 - State Buildings, Grounds, and Property › Subchapter E. Lease of Space in State-Owned Buildings to Private Tenants › Section 2165.213. Ad Valorem Taxation

Sec. 2165.213.  AD VALOREM TAXATION.  (a)  Space leased to a private tenant is subject to ad valorem taxation in accordance with Section 11.11(d), Tax Code.
(b)  The space is not subject to taxation if:
(1)  the private tenant would be entitled to an exemption from taxation of the space if the tenant owned the space instead of leasing it;  or
(2)  the tenant uses the space for a child care facility.
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 2165 - State Buildings, Grounds, and Property › Subchapter E. Lease of Space in State-Owned Buildings to Private Tenants › Section 2165.214. Preference in Leasing to Certain Existing Vending Facilities

Sec. 2165.214.  PREFERENCE IN LEASING TO CERTAIN EXISTING VENDING FACILITIES.  Notwithstanding the other provisions of this subchapter or Chapters 2155, 2156, 2157, and 2158, the commission shall give a preference, when leasing space in a state-owned building for the operation of a vending facility as defined by Chapter 94, Human Resources Code, to an existing lessee, licensee, or contractor who operates a vending facility on the property if:
(1)  the existing lessee, licensee, or contractor has operated a vending facility on the property for not less than 10 years;
(2)  Chapter 94, Human Resources Code, does not apply to the property;
(3)  the commission finds there is a history of quality and reliable service;  and
(4)  the proposal of the existing lessee, licensee, or contractor for the right to continue operation of the facility is consistent with the historical quality of service and the historical retail pricing structure at the facility.
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 2165 - State Buildings, Grounds, and Property › Subchapter E. Lease of Space in State-Owned Buildings to Private Tenants › Section 2165.215. Purchase of Building Subject to Existing Leases

Sec. 2165.215.  PURCHASE OF BUILDING SUBJECT TO EXISTING LEASES.  (a)  If the commission determines under Section 2166.452 or 2166.453 that the purchase of an existing building is more advantageous to the state than constructing a new building or continuing to lease space for a state agency, but a purchase of the building would be subject to existing leases to private tenants that exceed 15 percent of the building's total space, the commission may purchase the building subject to existing leases notwithstanding Section 2165.205.
(b)  On expiration of a private tenant's existing lease, the commission may renew the lease subject to this subchapter, including Section 2165.205.
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 2165 - State Buildings, Grounds, and Property › Subchapter F. Particular Buildings and Property › Section 2165.251. Buildings Allocated to Legislative Use

Sec. 2165.251.  BUILDINGS ALLOCATED TO LEGISLATIVE USE.  (a)  The space in the old State Board of Insurance State Office Building, located on San Jacinto Street between 11th and 12th streets in Austin, the Sam Houston Building, and the John H. Reagan Building are allocated to the legislature and legislative agencies for their use.
(b)  On written notice signed by both presiding officers of the legislature and delivered to the commission, the following buildings are allocated to the legislature and legislative agencies to the extent described in the notice:  Lorenzo de Zavala State Library and Archives Building, Stephen F. Austin Building, Lyndon B. Johnson Building, and William B. Travis Building.  On receipt of notice under this subsection, the commission shall begin immediately to undertake the relocation of agencies occupying space in buildings allocated to legislative use.  The space must be made available for legislative use on a date determined by the presiding officers of the legislature.
(c)  The presiding officers of each house of the legislature shall jointly allocate space within each building.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.04(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter F. Particular Buildings and Property › Section 2165.252. Texas Judicial Complex

Sec. 2165.252.  TEXAS JUDICIAL COMPLEX.  (a)  "Texas Judicial Complex" is the collective name of the Supreme Court Building, the Tom C. Clark State Courts Building, and the Price Daniel, Sr., Building.
(b)  The commission may allocate space in buildings in the Texas Judicial Complex only to:
(1)  a court;
(2)  a judicial agency;
(3)  the attorney general's office;
(4)  the Texas Department of Criminal Justice;
(5)  the Texas Juvenile Justice Department;
(6)  the State Commission on Judicial Conduct;
(7)  the State Office of Administrative Hearings;
(8)  the Board of Law Examiners;
(9)  the Council on Sex Offender Treatment;
(10)  building security;
(11)  building maintenance; or
(12)  a vending facility operated under Chapter 94, Human Resources Code.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 114, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter F. Particular Buildings and Property › Section 2165.253. Use of Room in State Capitol Building

Sec. 2165.253.  USE OF ROOM IN STATE CAPITOL BUILDING.  A person may not use a room, apartment, or office in the State Capitol as a bedroom or for a private purpose.  This section does not apply to the offices and living quarters occupied by the lieutenant governor or the speaker of the house of representatives.
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 2165 - State Buildings, Grounds, and Property › Subchapter F. Particular Buildings and Property › Section 2165.254. State Capitol Building: Safe Place for Runaway Youth Designation

Sec. 2165.254.  STATE CAPITOL BUILDING:  SAFE PLACE FOR RUNAWAY YOUTH DESIGNATION.  The State Capitol is designated a safe place for runaway youth.  The commission shall devise a plan to provide services and assistance to runaway youth seeking services at the State Capitol following standards set by national organizations with expertise in services for runaway youth, including the Project Safe Place Program.  In this section:
(1)  "Youth" means a person younger than 18 years of age.
(2)  "Safe place" means a place that provides short-term crisis-oriented assistance and services to runaway youth.
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 2165 - State Buildings, Grounds, and Property › Subchapter F. Particular Buildings and Property › Section 2165.255. Consent of Legislature Required for Construction on State Capitol Grounds; Penalty

Sec. 2165.255.  CONSENT OF LEGISLATURE REQUIRED FOR CONSTRUCTION ON STATE CAPITOL GROUNDS;  PENALTY.  (a)  A person, including a state officer or employee, commits an offense if, without the prior express consent of the legislature, the person:
(1)  builds, erects, or maintains a building, memorial, monument, statue, concession, or other structure on the State Capitol grounds;  or
(2)  creates a parking area, or lays additional paving on the State Capitol grounds.
(b)  It is not an offense under Subsection (a) to build or maintain paved access and underground utility installations in the area described by Subsection (a).
(c)  An offense under Subsection (a) is a misdemeanor punishable by:
(1)  a fine of not less than $100 or more than $1,000;
(2)  confinement in the county jail of Travis County for not more than one year;  or
(3)  both the fine and confinement.
(d)  A state officer who is subject to removal from office by impeachment is subject to removal by that method for a violation of Subsection (a).  Any other state officer or employee who violates Subsection (a) shall be dismissed immediately from state employment.
(e)  In this section, "State Capitol grounds" means the area that surrounded the State Capitol on January 1, 1955, that was bounded by 11th, Brazos, 13th, and Colorado streets, regardless of whether the area was inside or outside the fence that enclosed part of those grounds.
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 2165 - State Buildings, Grounds, and Property › Subchapter F. Particular Buildings and Property › Section 2165.2565. State Cemetery Preservation Trust Fund

Text of section as added by Acts 2015, 84th Leg., R.S., Ch. 72 (S.B. 574), Sec. 1
For text of section as added by Acts 2015, 84th Leg., R.S., Ch. 932 (H.B. 2206), Sec. 4, see other Sec. 2165.2565.
Text of section effective until September 01, 2024
Sec. 2165.2565.  STATE CEMETERY PRESERVATION TRUST FUND.  (a)  The State Cemetery preservation trust fund is created as a trust fund outside the state treasury to be held with the comptroller in trust.  The State Cemetery Committee shall administer the fund as trustee on behalf of the people of this state.  The fund consists of money:
(1)  transferred or appropriated to the fund; and
(2)  received by the State Cemetery Committee under Section 2165.256(s) and deposited to the fund by the committee.
(b)  The interest received from investment of money in the fund shall be credited to the fund.
(c)  Money in the fund may be used only to:
(1)  maintain, renovate, make major repairs or capital improvements to, or preserve the State Cemetery, as determined by the State Cemetery Committee; or
(2)  acquire land in close proximity to the State Cemetery for expansion of the cemetery.
Added by Acts 2015, 84th Leg., R.S., Ch. 72 (S.B. 574), Sec. 1, eff. May 22, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 25 (S.B. 1333), Sec. 3, eff. September 1, 2024.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter F. Particular Buildings and Property › Section 2165.2565. State Cemetery Preservation Trust Fund

Text of section as added by Acts 2015, 84th Leg., R.S., Ch. 932 (H.B. 2206), Sec. 4
For text of section as added by Acts 2015, 84th Leg., R.S., Ch. 72 (S.B. 574), Sec. 1, see other Sec. 2165.2565.
Text of section effective until September 01, 2024
Sec. 2165.2565.  STATE CEMETERY PRESERVATION TRUST FUND.  (a)  The State Cemetery preservation trust fund is created as a trust fund outside the state treasury to be held with the comptroller in trust.  The State Preservation Board, in consultation with the State Cemetery Committee, shall administer the fund as trustee on behalf of the people of this state.  The fund consists of money:
(1)  transferred or appropriated to the fund; and
(2)  received by the State Cemetery Committee under Section 2165.256(s) and deposited to the fund by the State Preservation Board for the committee.
(b)  The interest received from investment of money in the fund shall be credited to the fund.
(c)  Money in the fund may be used only to:
(1)  maintain, renovate, make major repairs or capital improvements to, or preserve the State Cemetery, as determined by the State Preservation Board; or
(2)  acquire land in close proximity to the State Cemetery for expansion of the cemetery.
Added by Acts 2015, 84th Leg., R.S., Ch. 932 (H.B. 2206), Sec. 4, eff. September 1, 2015.
Repealed by Acts 2023, 88th Leg., R.S., Ch. 25 (S.B. 1333), Sec. 3, eff. September 1, 2024.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter F. Particular Buildings and Property › Section 2165.258. Office Space for Department of Public Safety; American Legion Building

Sec. 2165.258.  OFFICE SPACE FOR DEPARTMENT OF PUBLIC SAFETY;  AMERICAN LEGION BUILDING.  The commission shall provide office space to the Department of Public Safety in the American Legion Building or in another suitable facility acceptable to the department for the Capitol District.
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 2165 - State Buildings, Grounds, and Property › Subchapter F. Particular Buildings and Property › Section 2165.259. Capitol Complex

Sec. 2165.259.  CAPITOL COMPLEX.  (a)  In this section, "Capitol Complex" has the meaning assigned by Section 443.0071.
(b)  Notwithstanding Subchapter D and subject to Subsection (d), the commission may not lease, sell, or otherwise dispose of real property or an interest in real property located in the Capitol Complex.
(c)  This section does not affect the commission's authority under Subchapter E to lease space in state office buildings and parking garages.
(d)  The commission may develop or operate a qualifying project, as that term is defined by Section 2267.001, in the Capitol Complex if:
(1)  the legislature by general law specifically authorizes the project; and
(2)  before the commission enters into a comprehensive agreement for the project, the legislature individually approves the project under Section 2268.058.
Added by Acts 2013, 83rd Leg., R.S., Ch. 713 (H.B. 3436), Sec. 1, eff. June 14, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 12, eff. June 14, 2013.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1339 (S.B. 894), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter F. Particular Buildings and Property › Section 2165.260. Texas Mall Area Vendor Permit

Sec. 2165.260.  TEXAS MALL AREA VENDOR PERMIT.  (a)  In this section, the "Texas mall area of the Capitol Complex" means the state-owned property within the area bounded on the north by Martin Luther King, Jr., Boulevard, on the east by Brazos Street, on the south by 15th Street, and on the west by Colorado Street.
(b)  Notwithstanding any other law, the State Preservation Board by rule and in consultation with the commission and other appropriate state agencies shall establish a process for a vendor to apply for and obtain from the board a permit that allows the vendor to sell goods from a rented space during an event authorized by the board and held in the Texas mall area of the Capitol Complex.
(c)  The State Preservation Board is not required to adopt the rules required under Subsection (b) until the Capitol Complex master plan developed under Section 2166.105 is implemented and the Texas mall proposed in the plan is established.
Added by Acts 2017, 85th Leg., R.S., Ch. 121 (H.B. 635), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter F. Particular Buildings and Property › Section 2165.261. Property Purchases and Construction Projects by Self-Directed Semi-Independent Agencies

Sec. 2165.261.  PROPERTY PURCHASES AND CONSTRUCTION PROJECTS BY SELF-DIRECTED SEMI-INDEPENDENT AGENCIES.  (a)  This section applies only to a state agency that has self-directed semi-independent status under state law.
(b)  Notwithstanding Chapter 472 of this code, Chapter 16, Finance Code, Chapter 1105, Occupations Code, or any law other than this subsection, a state agency must obtain written authorization from the governor before allocating money for the purchase of real property or to construct a building on real property.  This subsection does not limit the authority of the legislature under other law to authorize construction projects or the purchase of real property.
(c)  To apply for authorization under this section, a state agency, in accordance with procedures prescribed by the governor, shall:
(1)  submit to the Texas Facilities Commission:
(A)  a detailed description of the proposed property purchase or construction project and the agency's need for the purchase or project; and
(B)  a request for an analysis by the commission of any available state property or building that satisfies the agency's need; and
(2)  submit to the governor:
(A)  a request for written authorization for the purchase or project that includes the detailed description submitted under Subdivision (1)(A), the total amount of money required to complete the purchase or project, and the agency's justification for the purchase or project; and
(B)  the analysis obtained from the commission under Subdivision (1)(B).
(d)  A state agency that receives written authorization under Subsection (c) shall:
(1)  collaborate with the Texas Facilities Commission with respect to the purchase or project; and
(2)  notify the commission and the General Land Office on completion of the purchase or project.
(e)  The governor may adopt rules necessary to implement this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 335 (S.B. 646), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter G. Indoor Air Quality › Section 2165.301. Definitions

Sec. 2165.301.  DEFINITIONS.  In this subchapter:
(1)  "Air monitoring" and "asbestos abatement" have the meanings assigned by Section 1954.002, Occupations Code.
(2)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 838 , Sec. 3.029(1), eff. September 1, 2015.
(2-a) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission.
(3)  "Office" means the State Office of Risk Management.
(4)  "State building" means any building owned or occupied by the state, including buildings or offices leased to the state for state purposes.
Added by Acts 2003, 78th Leg., ch. 857, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 2.285, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 3.029(1), eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter G. Indoor Air Quality › Section 2165.303. Air Monitoring Related to Asbestos Abatement

Sec. 2165.303.  AIR MONITORING RELATED TO ASBESTOS ABATEMENT.  (a)  The commission shall contract with a private entity to conduct any air monitoring that is related to asbestos abatement services provided by the commission.
(b)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 25(4), eff. September 1, 2021.
(c)  The commission may establish a system of charges for air monitoring that is related to asbestos abatement services provided by the commission.  A system established by the commission shall ensure that the commission is reimbursed by agencies for which air monitoring is provided under this section for the cost of the air monitoring.
Added by Acts 2003, 78th Leg., ch. 857, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 3.001, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 856 (S.B. 800), Sec. 25(4), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter G. Indoor Air Quality › Section 2165.305. Educational Seminar on Indoor Air Quality

Sec. 2165.305.  EDUCATIONAL SEMINAR ON INDOOR AIR QUALITY.  (a)  The office shall conduct an annual, one-day educational seminar on indoor air quality.
(b)  The office shall provide updated information at the seminar on maintaining safe indoor air in state buildings.
(c)  In developing a seminar required by this section, the office shall receive assistance from:
(1)  the commission; and
(2)   an entity that specializes in research and technical assistance related to indoor air quality but does not receive appropriations from the state.
(d)  State agency risk managers, representatives of entities with charge and control of state buildings, facility managers, and owners and managers of buildings or offices leased to the state must attend a seminar under this section annually except as provided by Subsection (f).
(e)  The office shall publish on its Internet website the information provided at the most recent seminar required by this section.
(f)  If a person required to attend an educational seminar on indoor air quality cannot do so, that person must send a letter to the office certifying that the person has reviewed the information made available by the office on the Internet from that seminar.
Added by Acts 2003, 78th Leg., ch. 857, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 838 (S.B. 202), Sec. 3.002, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter H. Public and Private Facilities and Infrastructure: Qualifying Projects › Section 2165.351. Definitions

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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 13, eff. June 14, 2013.