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 H. Public and Private Facilities and Infrastructure: Qualifying Projects › Section 2165.352. Commission Review Guidelines and Policies

Sec. 2165.352.  COMMISSION REVIEW GUIDELINES AND POLICIES.  (a)  In adopting the qualifying project review guidelines required by Section 2267.052, as added by Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular Session, 2011, the commission must include review criteria and documentation to guide the initial review of each substantially complete qualifying project proposal received by the commission.
(b)  The review criteria required under Subsection (a) at a minimum must include:
(1)  the extent to which the qualifying project meets a public need;
(2)  the extent to which the project meets the objectives and priorities of the commission and aligns with any applicable commission plans and design guidelines or zoning requirements, including the Capitol Complex master plan developed under Section 2166.105;
(3)  the technical and legal feasibility of the project;
(4)  the adequacy of the qualifications, experience, and financial capacity of a private entity or other person submitting the proposal;
(5)  any potentially unacceptable risks to this state; and
(6)  whether an alternative delivery method is feasible and more effectively meets this state's goals.
(c)  The commission's qualifying project review guidelines must:
(1)  specify the types of professional expertise, including financial, real estate, design, legal, and other related expertise, needed to effectively protect this state's interest when considering and implementing a qualifying project;
(2)  specify the range of professional expertise needed at each stage of the project, including proposal evaluation, financial analysis, risk allocation analysis, design review, contract negotiation, and contract and performance monitoring, to evaluate the qualifying project proposal; and
(3)  require the oversight committee established by the commission for each qualifying project to report to the commission the results of the committee's evaluation of the project, including the schedules, procedures, proposal evaluation criteria, and documentation required in the guidelines for the evaluation.
(d)  On completion of the negotiation phase for the development of a comprehensive agreement and before a comprehensive agreement is entered into, the commission shall:
(1)  for each qualifying project proposal, post on the commission's Internet website the oversight committee's review report and other evaluation documents; and
(2)  before posting the report and documents required under Subdivision (1), redact all information included in the report and documents that is considered confidential under Section 2267.066(c).
(e)  The expertise described by Subsection (c) may be provided by commission staff or outside experts.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 13, 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 H. Public and Private Facilities and Infrastructure: Qualifying Projects › Section 2165.353. Qualifying Project Fees

Sec. 2165.353.  QUALIFYING PROJECT FEES.  (a)  The commission may charge a reasonable fee to cover the costs of reviewing a qualifying project.  The commission shall develop and adopt a qualifying project proposal fee schedule sufficient to cover its costs, including at a minimum the costs of processing, reviewing, and evaluating the proposals.
(b)  The commission shall use the professional expertise information required under Section 2165.352(c) to determine the amount of the fee charged by the commission to review a qualifying project proposal.  The amount must be reasonable in comparison to the level of professional expertise required for the project and may include the cost of staff time required to process the proposal and other direct costs.
(c)  The commission may use the money from the fees collected under this section to hire or contract with persons who have the professional expertise necessary to effectively evaluate a qualifying project proposal.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 13, 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 H. Public and Private Facilities and Infrastructure: Qualifying Projects › Section 2165.354. Initial Review of Qualifying Project Proposal

Sec. 2165.354.  INITIAL REVIEW OF QUALIFYING PROJECT PROPOSAL.  (a)  The commission staff shall conduct an initial review of each qualifying project proposal submitted to the commission and provide to commission members a summary of the review, including an analysis and recommendations.
(b)  Subject to Subsection (c), the commission shall use a value for money analysis in evaluating each qualifying project proposal to:
(1)  conduct a thorough risk analysis of the proposal that identifies specific risks shared between this state and the private partner and subjects the risks to negotiation in the contract;
(2)  determine if the proposal is in the best long-term financial interest of this state; and
(3)  determine if the project will provide a tangible public benefit to this state.
(c)  If commission staff determine that a value for money analysis is not appropriate for evaluating a specific qualifying project proposal, the staff shall submit to the commission a written report stating the reasons for using an alternative analysis methodology.
(d)  The commission shall coordinate with the commission's office of internal audit for review and receipt of comments on the reasonableness of the assumptions used in the value for money analysis or alternative analysis methodology used to evaluate a qualifying project proposal under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 13, 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 H. Public and Private Facilities and Infrastructure: Qualifying Projects › Section 2165.355. Initial Public Hearing on Qualifying Project Proposal

Sec. 2165.355.  INITIAL PUBLIC HEARING ON QUALIFYING PROJECT PROPOSAL.  (a)  Before submitting a detailed qualifying project proposal to the Partnership Advisory Commission as required under Section 2268.058, the commission must hold an initial public hearing on the proposal.
(b)  The commission must post a copy of the detailed qualifying project proposal on the commission's Internet website before the required public hearing and, before posting the proposal, redact all information included in the proposal that is considered confidential under Section 2267.066(c).
(c)  After the hearing, the commission shall:
(1)  modify the proposal as the commission determines appropriate based on the public comments; and
(2)  include the public comments in the documents submitted to the Partnership Advisory Commission and provide any additional information necessary for the evaluation required under Chapter 2268.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 13, 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 H. Public and Private Facilities and Infrastructure: Qualifying Projects › Section 2165.356. Submission of Qualifying Project Contract to Contract Advisory Team

Sec. 2165.356.  SUBMISSION OF QUALIFYING PROJECT CONTRACT TO CONTRACT ADVISORY TEAM.  (a)  Not later than the 60th day before the date the commission is scheduled to vote on approval of a qualifying project contract, the commission must submit to the Contract Advisory Team established under Subchapter C, Chapter 2262, documentation of the modifications to a proposed qualifying project made during the commission's evaluation and negotiation process for the project, including a copy of:
(1)  the final draft of the contract;
(2)  the detailed qualifying project proposal; and
(3)  any executed interim or other agreement.
(b)  The Contract Advisory Team shall review the documentation submitted under Subsection (a) and provide written comments and recommendations to the commission.  The review must focus on, but not be limited to, best practices for contract management and administration.
(c)  Commission staff shall provide to the commission members:
(1)  a copy of the Contract Advisory Team's written comments and recommendations; and
(2)  the staff's response to the comments and recommendations.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 13, 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 H. Public and Private Facilities and Infrastructure: Qualifying Projects › Section 2165.3561. Municipal Project

Sec. 2165.3561.  MUNICIPAL PROJECT.  Not later than the 30th day before the date the commission is scheduled to meet and vote on a project to develop or improve state property in a municipality, the commission staff must:
(1)  place the project on the commission's meeting agenda to provide the public with notice of the meeting and an opportunity to comment; and
(2)  present sufficient information to commission members to enable the members to adequately prepare for the meeting and to address the members' questions and concerns.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 13, 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 H. Public and Private Facilities and Infrastructure: Qualifying Projects › Section 2165.357. Prohibited Employment of Commission Employee

Sec. 2165.357.  PROHIBITED EMPLOYMENT OF COMMISSION EMPLOYEE.  (a)  A commission employee may not be employed or hired by another person to perform duties that relate to the employee's specific duties in developing and implementing a qualifying project, including review, evaluation, development, and negotiation of a qualifying project proposal.
(b)  The commission shall obtain from each commission employee sufficient information for the commission to determine whether:
(1)  the employee is employed by another person; and
(2)  a potential conflict of interest exists between the employee's commission duties and the employee's duties with the other employer.
(c)  Each commission employee whose commission duties relate to a qualifying project, including long-range planning, real estate management, space management, and leasing services, shall attest that the employee is aware of and agrees to the commission's ethics and conflict-of-interest policies.
(d)  To the extent the employment is authorized by commission policy, this section does not prohibit additional employment for a commission employee whose commission duties are not related to a qualifying project.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 13, 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 I. Deferred Maintenance Funding › Section 2165.401. Purpose; Intent

Sec. 2165.401.  PURPOSE; INTENT.  It is the intent of the legislature that state facilities be brought into a better state of repair to ensure the safety of employees and visitors, the efficiency of building operations, and a long-term reduction in repair costs by addressing deferred maintenance issues.  The deferred maintenance fund is created to fund projects for this purpose.
Added by Acts 2015, 84th Leg., R.S., Ch. 212 (S.B. 2004), Sec. 2, eff. May 28, 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 I. Deferred Maintenance Funding › Section 2165.402. Definition

Sec. 2165.402.  DEFINITION.  In this subchapter, "fund" means the deferred maintenance fund.
Added by Acts 2015, 84th Leg., R.S., Ch. 212 (S.B. 2004), Sec. 2, eff. May 28, 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 I. Deferred Maintenance Funding › Section 2165.403. Deferred Maintenance Fund Account

Sec. 2165.403.  DEFERRED MAINTENANCE FUND ACCOUNT.  (a)  The fund is an account in the general revenue fund.
(b)  The fund consists of money appropriated, credited, or transferred to the fund by or at the direction of the legislature, including interest and other earnings on money in the fund.
(c)  Section 403.095 does not apply to the fund.
(d)  The use of money credited to the fund by appropriation or transfer from the game, fish, and water safety account, the lifetime license endowment account, or another fund or account in the state treasury the use of which is subject to restrictions under the federal Sport Fish Restoration Act (16 U.S.C. Section 777 et seq.), the federal Wildlife Restoration Act (16 U.S.C. Section 669 et seq.), or other federal law, and the use of money earned as interest or other earnings on the investment of that money credited to the fund, continues to be subject to those federal restrictions and may be used only for a function required to manage this state's fish or wildlife resources in accordance with those federal restrictions.
Added by Acts 2015, 84th Leg., R.S., Ch. 212 (S.B. 2004), Sec. 2, eff. May 28, 2015.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 371 (H.B. 3537), Sec. 1, eff. June 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 858 (H.B. 3461), Sec. 15, eff. September 1, 2023.
For expiration of this section, see Subsection (j).
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter I. Deferred Maintenance Funding › Section 2165.404. Joint Oversight Committee on Government Facilities

Sec. 2165.404.  JOINT OVERSIGHT COMMITTEE ON GOVERNMENT FACILITIES.  (a)  In this section, "committee" means the Joint Oversight Committee on Government Facilities.
(b)  The committee is created to review deferred maintenance plans and receive implementation updates.
(c)  The committee is composed of six members as follows:
(1)  three members of the senate appointed by the lieutenant governor; and
(2)  three members of the house of representatives appointed by the speaker of the house of representatives.
(d)  The chair of the committee shall alternate annually between:
(1)  a member of the senate appointed by the lieutenant governor; and
(2)  a member of the house of representatives appointed by the speaker of the house of representatives.
(e)  The lieutenant governor shall appoint the first chair of the committee.
(f)  A vacancy on the committee shall be filled in the same manner as the original appointment.
(g)  The committee biannually shall provide a written report to the legislature that identifies:
(1)  the amount of money expended for deferred maintenance;
(2)  planned deferred maintenance projects; and
(3)  the status of ongoing and completed deferred maintenance projects.
(h)  The committee shall:
(1)  have the powers and duties of a joint committee created by proclamation; and
(2)  obtain funding in the same manner as a joint committee created by proclamation.
(i)  The rules adopted by the 86th Legislature for the administration of joint committees created by proclamation apply to the committee to the extent the rules are consistent with this section.
(j)  The committee is abolished and this section expires on September 1, 2025.
Added by Acts 2019, 86th Leg., R.S., Ch. 420 (S.B. 401), Sec. 2, eff. June 4, 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 J. Temporary Secure Weapon Storage for Certain Public Buildings › Section 2165.451. Applicability

Sec. 2165.451.  APPLICABILITY.  (a)  This subchapter applies to a building or portion of a building:
(1)  that is:
(A)  used by an agency of this state; and
(B)  generally open to the public; and
(2)  in which:
(A)  carrying a handgun or other firearm, location-restricted knife, club, or other weapon on the premises or part of the premises would violate Chapter 46, Penal Code, or other law; or
(B)  the state agency in control of the building, by sign or otherwise, prohibits handguns or other firearms, location-restricted knives, clubs, or other weapons on the premises or part of the premises.
(b)  This subchapter does not apply to:
(1)  a penal institution, as that term is defined by Section 1.07, Penal Code; or
(2)  a public primary or secondary school or institution of higher education.
Added by Acts 2021, 87th Leg., R.S., Ch. 786 (H.B. 29), Sec. 1, 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 J. Temporary Secure Weapon Storage for Certain Public Buildings › Section 2165.452. Temporary Secure Weapon Storage

Sec. 2165.452.  TEMPORARY SECURE WEAPON STORAGE.  (a)  A state agency may provide temporary secure weapon storage for a building or portion of a building to which this subchapter applies for persons who enter the building or portion of the building with a weapon prohibited in that building or portion of the building.
(b)  The temporary secure weapon storage may be provided by:
(1)  self-service weapon lockers described by Section 2165.453; or
(2)  other temporary secure weapon storage operated at all times by a designated state agency employee under Section 2165.454.
Added by Acts 2021, 87th Leg., R.S., Ch. 786 (H.B. 29), Sec. 1, 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 J. Temporary Secure Weapon Storage for Certain Public Buildings › Section 2165.453. Self-Service Weapon Lockers for Temporary Secure Storage

Sec. 2165.453.  SELF-SERVICE WEAPON LOCKERS FOR TEMPORARY SECURE STORAGE.  (a)  A state agency may provide self-service weapon lockers for the temporary secure storage of any weapon prohibited in a building or portion of a building.
(b)  A self-service weapon locker must allow secure locking by the user and:
(1)  provide a key for reopening; or
(2)  reopen by electronic means, such as by a fingerprint scan or entry of a numeric code.
(c)  A state agency may require a person to submit the person's name, the number of the person's driver's license or other form of identification, and the person's telephone number as a condition for use of a self-service weapon locker.
(d)  A person placing a weapon in a self-service weapon locker may designate an alternate person to whom the weapon may be released if the person is not able to reclaim the person's weapon before the 30th day after the date the weapon was placed in the locker.
Added by Acts 2021, 87th Leg., R.S., Ch. 786 (H.B. 29), Sec. 1, 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 J. Temporary Secure Weapon Storage for Certain Public Buildings › Section 2165.454. Temporary Secure Weapon Storage Administered by Agency Employee

Sec. 2165.454.  TEMPORARY SECURE WEAPON STORAGE ADMINISTERED BY AGENCY EMPLOYEE.  (a)  A state agency may provide temporary secure weapon storage operated by a designated agency employee for a building or portion of a building in which weapons are prohibited.
(b)  The weapons in temporary secure weapon storage must be held in a safe, locker, or other location that is locked and accessible only to the designated employee.
(c)  If a person chooses to give to the designated employee the person's weapon for temporary secure storage, the employee shall:
(1)  securely affix a claim tag to the weapon;
(2)  provide the person with a claim receipt for reclaiming the weapon;
(3)  record the person's name, the number of the person's driver's license or other form of identification, and the person's telephone number; and
(4)  if designated by the person placing the weapon in temporary secure weapon storage, record the name of an alternate person to whom the weapon may be released if the person is not able to reclaim the person's weapon before the 30th day after the date the weapon was placed in storage.
(d)  A person may reclaim the person's weapon by showing the designated employee operating the temporary secure weapon storage:
(1)  the claim receipt given to the person at the time the weapon was placed in temporary secure storage; or
(2)  the person's driver's license or other form of identification.
(e)  A state agency that provides temporary secure weapon storage under this section shall ensure that:
(1)  the temporary secure weapon storage is available and monitored by a designated agency employee at all times that the building or portion of the building is open to the public; and
(2)  a person who is choosing to place the weapon in storage or retrieving the weapon from storage is not required to wait more than a reasonable period.
Added by Acts 2021, 87th Leg., R.S., Ch. 786 (H.B. 29), Sec. 1, 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 J. Temporary Secure Weapon Storage for Certain Public Buildings › Section 2165.455. Fees

Sec. 2165.455.  FEES.  A state agency under this subchapter may collect a fee of not more than $5 for the use of a self-service weapon locker or other temporary secure weapon storage.
Added by Acts 2021, 87th Leg., R.S., Ch. 786 (H.B. 29), Sec. 1, eff. September 1, 2021.
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 A. General Provisions › Section 2166.002. Applicability of Chapter

Sec. 2166.002.  APPLICABILITY OF CHAPTER.  This chapter applies only to a building construction project of the state, the acquisition of real property for state purposes, and the disposition of real property owned by the state.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 16, eff. June 14, 2013.
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 A. General Provisions › Section 2166.003. Exceptions

Sec. 2166.003.  EXCEPTIONS.  (a)  Unless otherwise provided, this chapter does not apply to:
(1)  a project constructed by and for the Texas Department of Transportation;
(2)  a project constructed by and for a state institution of higher education;
(3)  a pen, shed, or ancillary building constructed by and for the Department of Agriculture for the processing of livestock before export;
(4)  a project constructed by the Parks and Wildlife Department;
(5)  a repair or rehabilitation project, except a major renovation, of buildings and grounds on the commission inventory;
(6)  a repair and rehabilitation project of another using agency, if all labor for the project is provided by the regular maintenance force of the using agency under specific legislative authorization and the project does not require the advance preparation of working plans or drawings;
(7)  a repair and rehabilitation project involving the use of contract labor, if the project has been excluded from this chapter by commission rule and does not require the advance preparation of working plans or drawings;
(8)  an action taken by the Texas Commission on Environmental Quality under Subchapter F or I, Chapter 361, Health and Safety Code;
(9)  a repair, rehabilitation, or construction project on property owned by the Texas Department of Housing and Community Affairs or the Texas State Affordable Housing Corporation;
(10)  a project constructed by and for the Veterans' Land Board;
(11)  a project constructed by and for the Texas Historical Commission; or
(12)  a project constructed by and for the Texas Department of Motor Vehicles.
(b)  Only Sections 2166.151, 2166.152, 2166.153, 2166.154, 2166.155, 2166.251, and 2166.252 and Subchapter H apply to a construction project undertaken by or for the Texas Department of Criminal Justice for the imprisonment of individuals convicted of felonies other than state jail felonies.
(c)  This chapter and Chapter 2175 do not apply to the disposition, sale, or transfer of a pen, shed, or ancillary building constructed by and for the Department of Agriculture for the processing of livestock before export.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 793, Sec. 17, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 980, Sec. 1, eff. Sept. 1, 1997;  Acts 1999, 76th Leg., ch. 62, Sec. 8.19, eff. Sept. 1, 1999.
Amended by:
Acts 2005, 79th Leg., Ch. 17 (S.B. 581), Sec. 2, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 25.088, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1245 (S.B. 1518), Sec. 7, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 924 (H.B. 1494), Sec. 6.01, eff. September 1, 2013.
Acts 2017, 85th Leg., R.S., Ch. 215 (S.B. 1349), Sec. 2, eff. May 28, 2017.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 1.20, eff. September 1, 2019.
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 A. General Provisions › Section 2166.004. Additional Exceptions

Sec. 2166.004.  ADDITIONAL EXCEPTIONS.  In addition to the exceptions provided by Section 2166.003, this chapter does not apply to:
(1)  a project constructed by or under the supervision of a public authority created by the laws of this state;  or
(2)  a state-aided local government project.
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 A. General Provisions › Section 2166.005. Commission Participation in Other Building Projects

Sec. 2166.005.  COMMISSION PARTICIPATION IN OTHER BUILDING PROJECTS.  (a)  Section 2166.003 does not prohibit the commission from undertaking on a cost recovery basis a project generally excluded from the application of this chapter by that section.
(b)  A service provided under this section is not subject to the requirements of Chapter 771.  The commission shall establish a system of charges and billings for services provided to ensure recovery of the cost of providing the services and shall submit a purchase voucher or a journal voucher after the close of each month to an agency for which services were performed.
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 A. General Provisions › Section 2166.006. Legal Representation of Commission

Sec. 2166.006.  LEGAL REPRESENTATION OF COMMISSION.  (a)  The attorney general shall represent the commission in legal matters.
(b)  The attorney general may employ special assistants to assist in the performance of duties arising under 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 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter A. General Provisions › Section 2166.007. Venue

Sec. 2166.007.  VENUE.  A suit for breach of a contract under this chapter shall be brought in Travis County.
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 B. General Powers and Duties of Commission › Section 2166.051. Administering Agency

Sec. 2166.051.  ADMINISTERING AGENCY.  The commission shall 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 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter B. General Powers and Duties of Commission › Section 2166.053. Contract Authority

Sec. 2166.053.  CONTRACT AUTHORITY.  To the extent permitted by appropriations, the commission may take action and contract to obtain sites that it considers necessary for the orderly future development of the state building program.
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 B. General Powers and Duties of Commission › Section 2166.054. Title to and Control of Buildings; Initial Occupants

Sec. 2166.054.  TITLE TO AND CONTROL OF BUILDINGS;  INITIAL OCCUPANTS.  (a)  The commission shall obtain title for the state and retain control of:
(1)  real property acquired for a building site;  and
(2)  any building located on the site.
(b)  The commission or the legislature shall determine the initial state agency occupants of a building.
(c)  Repealed by Acts 1997, 75th Leg., ch. 658, Sec. 1, eff. Sept. 1, 1997.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 658, Sec. 1, 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 B. General Powers and Duties of Commission › Section 2166.055. Eminent Domain

Sec. 2166.055.  EMINENT DOMAIN.  The commission may exercise the power of eminent domain under the general laws to obtain a building site.
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 B. General Powers and Duties of Commission › Section 2166.056. Grant of Easement, Franchise, License, or Right-of-Way; Joint Use Agreements

Sec. 2166.056.  GRANT OF EASEMENT, FRANCHISE, LICENSE, OR RIGHT-OF-WAY;  JOINT USE AGREEMENTS.  (a)  The commission may grant a permanent or temporary easement, franchise, license, or right-of-way over and on the land of a state agency on a project administered by the commission or enter into a joint use agreement regarding the land if it is necessary to ensure the efficient and expeditious construction, improvement, renovation, use, or operation of a building or facility of the project.
(b)  The commission shall submit an easement or right-of-way that may extend beyond the period of construction to the asset management division of the General Land Office for written comment not later than the 30th day before the date it is granted by the commission.  The commission may enter into a joint use agreement or grant a franchise or license at the commission's discretion and for the period determined by the commission if the commission determines that the joint use agreement, franchise, or license is in the best interests of the state and if adequate consideration is received by the state under the agreement or under the terms of the franchise or license.
(c)  The commission shall consider comments submitted by the asset management division of the General Land Office before granting an easement or right-of-way.
(d)  The commission shall approve all joint use agreements, franchises, and licenses under this section by a majority vote in an open meeting.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1437, Sec. 1, eff. June 19, 1999.
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 B. General Powers and Duties of Commission › Section 2166.057. Coordination of Multiagency Projects

Sec. 2166.057.  COORDINATION OF MULTIAGENCY PROJECTS.  The commission is the coordinating authority for the construction of any multiagency state office building authorized by the legislature.
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 B. General Powers and Duties of Commission › Section 2166.058. Assistance by Other Agencies

Sec. 2166.058.  ASSISTANCE BY OTHER AGENCIES.  (a)  The commission may call on a department of state government to assist it in executing this chapter.
(b)  The commission may call on the Texas Department of Transportation to make appropriate tests and analyses of the natural materials at the site of a building proposed to be constructed under this chapter to ensure that the foundation of the building is adequate for the building's life.
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 B. General Powers and Duties of Commission › Section 2166.059. Assignment of Commission Employee to Other Agency

Sec. 2166.059.  ASSIGNMENT OF COMMISSION EMPLOYEE TO OTHER AGENCY.  (a)  The commission may assign a qualified professional employee to a using agency if, because of the volume of projects, the commission and using agency agree that full-time coordination between them is beneficial.  The commission and using agency shall jointly determine the qualifications and duties of the assigned employee.
(b)  The salary and related expenses of an assigned employee shall be charged against the projects of the using agency to which the employee is assigned.
(c)  The commission shall terminate the assignment if the commission determines it is not required.
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 B. General Powers and Duties of Commission › Section 2166.060. Site Selection and Construction in Texas Municipalities

Sec. 2166.060.  SITE SELECTION AND CONSTRUCTION IN TEXAS MUNICIPALITIES.  (a)  The commission may select and purchase a site in a municipality in this state to construct a state office building and adjoining parking spaces if the construction is considered necessary to house a state department or agency in the municipality.
(b)  The commission may plan, construct, and initially equip a state office building and adjoining parking spaces on the site selected and purchased.
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 B. General Powers and Duties of Commission › Section 2166.061. General Commission Oversight During Construction

Sec. 2166.061.  GENERAL COMMISSION OVERSIGHT DURING CONSTRUCTION.  The commission is responsible for protecting the state's interests during the actual construction of a project subject to 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 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter B. General Powers and Duties of Commission › Section 2166.062. Rulemaking Authority

Sec. 2166.062.  RULEMAKING AUTHORITY.  (a)  The commission may adopt rules necessary to implement its powers and duties under this chapter.
(b)  A rule adopted under this section is binding on a state agency on filing of the rule with the secretary of state.
(c)  The commission shall prepare and publish a manual to assist using agencies in complying with this chapter and commission rules.
(d)  Copies of the manual required by this section shall be:
(1)  distributed to using agencies;  and
(2)  available to architects, engineers, contractors, and others who need and request copies.
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 B. General Powers and Duties of Commission › Section 2166.063. Federal Requirements

Sec. 2166.063.  FEDERAL REQUIREMENTS.  (a)  The commission may waive, suspend, or modify a provision of this chapter that conflicts with a federal statute or a rule, regulation, or administrative procedure of a federal agency if a waiver, suspension, or modification is essential to receive federal money for a project.
(b)  If a project is wholly financed with federal money, a standard required by an enabling federal statute or required by a rule or regulation of the administering federal agency controls.
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 C. Statewide Planning and Reporting › Section 2166.101. Compilation of Construction and Maintenance Information

Sec. 2166.101.  COMPILATION OF CONSTRUCTION AND MAINTENANCE INFORMATION.  (a)  This section applies to a state-owned building, including a building otherwise exempt from this chapter under Section 2166.003, except that this section does not apply to a building owned by an institution of higher education as defined by Section 61.003, Education Code.
(b)  The commission shall biennially obtain the following information for each state-owned building from the using agency:
(1)  the year of completion;
(2)  the general construction type;
(3)  the size;
(4)  the use;  and
(5)  the general condition.
(c)  The commission shall, for a building completed on or after September 1, 1979, obtain from a using agency information showing the total cost of the project and the cost of construction with other information necessary to meaningfully compare the cost of similar buildings.
(d)  Repealed by Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 3.01(2), eff. September 1, 2019.
(e)  State agencies, departments, and institutions shall cooperate with the commission in providing any information needed by the commission to comply with this section.
(f)  Repealed by Acts 2003, 78th Leg., ch. 1266, Sec. 5.05.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 118, Sec. 4.01, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 1266, Sec. 5.04, 5.05, eff. June 20, 2003.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 17, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 53, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1203 (S.B. 1455), Sec. 17, 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 2166 - Building Construction and Acquisition and Disposition of Real Property › Subchapter C. Statewide Planning and Reporting › Section 2166.103. Findings on Space Needs

Sec. 2166.103.  FINDINGS ON SPACE NEEDS.  (a)  The commission shall continuously survey the state's office space needs to determine the space needed and the location of the need.
(b)  The commission shall identify counties in which more than 50,000 square feet of usable office space is needed and make recommendations for meeting that need.  The commission may recommend leasing or purchasing and renovating one or more existing buildings or constructing one or more buildings.
(c)  The commission may collect appropriate information it considers necessary for preparing its recommendations.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 19, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 54, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 55, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1203 (S.B. 1455), Sec. 19, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 573 (S.B. 241), Sec. 1.22, eff. September 1, 2019.
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 C. Statewide Planning and Reporting › Section 2166.105. Capitol Complex Master Plan

Sec. 2166.105.  CAPITOL COMPLEX MASTER PLAN.  (a)  The commission shall prepare a Capitol Complex master plan that at a minimum includes:
(1)  an overview and summary of the previous plans for the Capitol Complex;
(2)  a stated strategic vision and long-term goals for the Capitol Complex;
(3)  an analysis of state property, including buildings, in the Capitol Complex and of the extent to which this state satisfies its space needs through use of the property;
(4)  detailed, site-specific proposals for state property in the Capitol Complex, including proposals on the use of property and space for public sector purposes;
(5)  an analysis of and recommendations for building design guidelines to ensure appropriate quality in new or remodeled buildings in the Capitol Complex;
(6)  an analysis of and recommendations for Capitol Complex infrastructure needs, including transportation, utilities, and parking;
(7)  for projects identified in the plan, an analysis of and recommendations for financing options;
(8)  time frames for implementing the plan components and any projects identified in the plan;
(9)  consideration of alternative options for meeting state space needs outside the Capitol Complex; and
(10)  other information relevant to the Capitol Complex as the commission determines appropriate.
(b)  The commission shall ensure that the General Land Office, the State Preservation Board, the Texas Historical Commission, and other relevant interested parties are included in each stage of the development of the Capitol Complex master plan.
(c)  The commission shall submit to the governor, lieutenant governor, speaker of the house of representatives, comptroller, and Legislative Budget Board:
(1)  not later than April 1, 2016, the initial Capitol Complex master plan; and
(2)  not later than July 1 of each even-numbered year thereafter, updates to the plan.
(d)  The commission shall ensure that the Capitol Complex master plan and the master facilities plan developed under Section 2166.102 do not conflict and together comprehensively address the space needs of state agencies.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 20, eff. June 14, 2013.
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 C. Statewide Planning and Reporting › Section 2166.106. Review of Proposed Capitol Complex Master Plan by Partnership Advisory Commission

Sec. 2166.106.  REVIEW OF PROPOSED CAPITOL COMPLEX MASTER PLAN BY PARTNERSHIP ADVISORY COMMISSION.  (a)  Before a proposed Capitol Complex master plan or proposed update to the plan is submitted and considered approved under Section 2166.1065 and before the commission adopts the plan or update, the commission must submit the plan or update to the Partnership Advisory Commission established under Chapter 2268 for review and comment.
(b)  Not later than the 60th day after the date the Partnership Advisory Commission receives the plan or update, the advisory commission shall in a public hearing by majority vote of the members present:
(1)  vote to approve the plan or update; or
(2)  submit to the commission written comments and recommended modifications to the plan or update.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 20, eff. June 14, 2013.