reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter B. General Powers and Duties › Section 2161.066. Historically Underutilized Business Forums

Sec. 2161.066.  HISTORICALLY UNDERUTILIZED BUSINESS FORUMS.  (a)  The comptroller shall design a program of forums in which historically underutilized businesses are invited by state agencies to deliver technical and business presentations that demonstrate their capability to do business with the agency:
(1)  to senior managers and procurement personnel at state agencies that acquire goods and services of a type supplied by the historically underutilized businesses; and
(2)  to contractors with the state who may be subcontracting for goods and services of a type supplied by the historically underutilized businesses.
(b)  The forums shall be held at state agency offices.
(c)  Each state agency with a biennial appropriation that exceeds $10 million shall participate in the program by sending senior managers and procurement personnel to attend relevant presentations and by informing the agency's contractors about presentations that may be relevant to anticipated subcontracting opportunities.
(d)  Each state agency that has a historically underutilized businesses coordinator shall:
(1)  design its own program and model the program to the extent appropriate on the program developed by the comptroller under this section; and
(2)  sponsor presentations by historically underutilized businesses at the agency.
(e)  The comptroller and each state agency that has a historically underutilized businesses coordinator shall aggressively identify and notify individual historically underutilized businesses regarding opportunities to make a presentation regarding the types of goods and services supplied by the historically underutilized business and shall advertise in appropriate trade publications that target historically underutilized businesses regarding opportunities to make a presentation.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 2.08, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 89, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter C. Planning and Reporting Requirements › Section 2161.121. Report of Contracts Awarded to Historically Underutilized Businesses

Sec. 2161.121.  REPORT OF CONTRACTS AWARDED TO HISTORICALLY UNDERUTILIZED BUSINESSES.  (a)  The comptroller shall prepare a consolidated report that:
(1)  includes the number and dollar amount of contracts awarded and paid to historically underutilized businesses certified by the comptroller;
(2)  analyzes the relative level of opportunity for historically underutilized businesses for various categories of acquired goods and services; and
(3)  tracks, by vendor identification number and, to the extent allowed by federal law, by social security number, the graduation rates for historically underutilized businesses that grew to exceed the size standards determined by the comptroller.
(b)  Each state agency shall send to the comptroller information required by Section 2161.122 and other information required by the comptroller for the preparation of the comptroller's report not later than March 15 and September 15 of each year.
(c)  The comptroller shall base its report on the compilation and analysis of reports received under Subsection (b) and other information maintained or received by the comptroller.
(d)  The comptroller shall send to the presiding officer of each house of the legislature:
(1)  on May 15 of each year, a report on the previous six-month period; and
(2)  on November 15 of each year, a report on the preceding fiscal year.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 2.07, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 48 (H.B. 2472), Sec. 19, eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 48 (H.B. 2472), Sec. 22(4), eff. September 1, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(22), eff. September 1, 2013.
Reenacted and amended by Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 90, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter C. Planning and Reporting Requirements › Section 2161.122. Information Gathering by State Agency

Sec. 2161.122.  INFORMATION GATHERING BY STATE AGENCY.  (a)  To ensure accuracy in reporting, a state agency shall maintain and compile monthly information relating to the use by the agency and each of its operating divisions of historically underutilized businesses, including information regarding subcontractors and suppliers required by Subsection (b).
(b)  A contractor or supplier awarded a contract by a state agency shall report to the agency the identity of each historically underutilized business to whom the contractor or supplier awarded a subcontract for the purchase of goods or services.
(c)  Each state agency shall report to the comptroller in accordance with Section 2161.125 the following information with regard to the expenditure of both treasury and nontreasury funds:
(1)  the total dollar amount of purchases and payments made under contracts awarded to historically underutilized businesses;
(2)  the number of businesses participating in any issuance of state bonds by the agency;
(3)  the number of contracts awarded to businesses with regard to the agency's acquisition, construction, or equipping of a facility or implementation of a program; and
(4)  the number of bids, proposals, or other applicable expressions of interest made by historically underutilized businesses with regard to the agency's acquisition, construction, or equipping of a facility or implementation of a program.
(d)  A state agency participating in a group purchasing program shall send to the comptroller in the agency's report under Section 2161.121 a separate list of purchases from historically underutilized businesses that are made through the group purchasing program, including the dollar amount of each purchase allocated to the reporting agency.
(e)  A state agency's report is a record of the agency's purchases for which the agency selected the vendor.  If the vendor was selected by the comptroller as part of its state contract program, the comptroller shall include the purchase in the comptroller's report of its own purchases unless the comptroller made a sole source purchase for the agency under Section 2155.067.  The state agency for which the purchase was made shall report the selection of the vendor on its report as if the agency selected the vendor when the agency drew specifications for goods or services that are proprietary to one vendor.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 1.24, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 91, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter C. Planning and Reporting Requirements › Section 2161.124. State Agency Progress Reports

Sec. 2161.124.  STATE AGENCY PROGRESS REPORTS.  (a)  Each state agency, including the comptroller, shall prepare a report for each fiscal year documenting progress under its plan for increasing use of historically underutilized businesses.
(b)  The comptroller shall develop a standard form for the report.
(c)  The state agency shall file the report with the governor, lieutenant governor, and the speaker of the house of representatives not later than December 31 of each year.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 785, Sec. 37, eff. Sept. 1, 2003.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 93, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter C. Planning and Reporting Requirements › Section 2161.125. Categorization of Historically Underutilized Businesses

Sec. 2161.125.  CATEGORIZATION OF HISTORICALLY UNDERUTILIZED BUSINESSES. The comptroller, in cooperation with each state agency reporting under this subchapter, shall categorize each historically underutilized business included in a report under this subchapter by sex, race, and ethnicity and by whether the business qualifies as a historically underutilized business because it is owned or owned, operated, and controlled, as applicable, wholly or partly by one or more veterans as defined by 38 U.S.C. Section 101(2) who have suffered at least a 20 percent service-connected disability as defined by 38 U.S.C. Section 101(16).
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.24, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 1255 (H.B. 194), Sec. 3, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter C. Planning and Reporting Requirements › Section 2161.126. Education and Outreach

Sec. 2161.126.  EDUCATION AND OUTREACH.  Before October 15 of each year, the comptroller shall report to the governor, the lieutenant governor, and the speaker of the house of representatives on the education and training efforts that the comptroller has made toward historically underutilized businesses.  The report must include the following as related to historically underutilized businesses:
(1)  the comptroller's vision, mission, and philosophy;
(2)  marketing materials and other educational materials distributed by the comptroller;
(3)  the comptroller's policy regarding education, outreach, and dissemination of information;
(4)  goals that the comptroller has attained during the fiscal year;
(5)  the comptroller's goals, objectives, and expected outcome measures for each outreach and education event; and
(6)  the comptroller's planned future initiatives on education and outreach.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 2.09, eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 48 (H.B. 2472), Sec. 20, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 94, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter C. Planning and Reporting Requirements › Section 2161.127. Legislative Appropriations Requests

Sec. 2161.127.  LEGISLATIVE APPROPRIATIONS REQUESTS.  (a)  Each state agency must include as part of its legislative appropriations request a detailed report for consideration by the budget committees of the legislature that shows the extent to which the agency complied with this chapter and rules of the comptroller adopted under this chapter during the two calendar years preceding the calendar year in which the request is submitted.  To the extent the state agency did not comply, the report must demonstrate the reasons for that fact.  The extent to which a state agency complies with this chapter and rules of the comptroller adopted under this chapter is considered a key performance measure for purposes of the appropriations process.
(b)  The report under Subsection (a) must include:
(1)  the agency's goals established under Section 2161.123(d)(5) for contracting with historically underutilized businesses during the two calendar years preceding the calendar year in which the request is submitted;
(2)  a statement regarding whether the goals established under Section 2161.123(d)(5) were met during the two calendar years preceding the calendar year in which the request is submitted; and
(3)  if the goals established under Section 2161.123(d)(5) were not met during the two calendar years preceding the calendar year in which the request is submitted:
(A)  a statement of the percentage by which the agency's actual use of historically underutilized businesses deviated from the agency's goals; and
(B)  an explanation of why the goals were not met.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 2.09, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.25, eff. September 1, 2007.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 95, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter D. Purchasing Goals › Section 2161.181. Goals for Purchases of Goods and Services

Sec. 2161.181.  GOALS FOR PURCHASES OF GOODS AND SERVICES.  A state agency, including the comptroller, shall make a good faith effort to increase the contract awards for the purchase of goods or services that the agency expects to make during a fiscal year to historically underutilized businesses based on rules adopted by the comptroller to implement the disparity study described by Section 2161.002(c).
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 1.26, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 96, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter D. Purchasing Goals › Section 2161.182. Goals for Construction Contracts

Sec. 2161.182.  GOALS FOR CONSTRUCTION CONTRACTS.  (a)  A state agency that contracts for a construction project, including a project under Section 2166.003, shall make a good faith effort to increase the construction contract awards that the agency expects to make during a fiscal year to historically underutilized businesses based on rules adopted by the comptroller to implement the disparity study described by Section 2161.002(c).
(b)  In this section, "project" has the meaning assigned by Section 2166.001.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 1.27, eff. Sept. 1, 1999.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 97, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter D. Purchasing Goals › Section 2161.183. Estimate of Expected Contract Awards

Sec. 2161.183.  ESTIMATE OF EXPECTED CONTRACT AWARDS.  (a)  Not later than the 60th day of its fiscal year, a state agency, including the comptroller:
(1)  shall estimate the total value of contract awards the agency expects to make for that fiscal year that are subject to Section 2161.181; and
(2)  shall estimate the total value of contract awards the agency expects to make for that fiscal year under Chapter 2166.
(b)  The state agency may revise an estimate as new information requires.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 98, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter E. Penalty › Section 2161.231. Penalty

Sec. 2161.231.  PENALTY.  (a)  A person commits an offense if the person:
(1)  intentionally applies as a historically underutilized business for an award of a purchasing contract or public works contract under this subtitle;  and
(2)  knows the person is not a historically underutilized business.
(b)  An offense under this section is a third degree felony.
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 2161 - Historically Underutilized Businesses › Subchapter F. Subcontracting › Section 2161.251. Applicability

Sec. 2161.251.  APPLICABILITY.  (a)  This subchapter applies to all contracts entered into by a state agency with an expected value of $100,000 or more, including:
(1)  contracts for the acquisition of a good or service;  and
(2)  contracts for or related to the construction of a public building, road, or other public work.
(b)  This subchapter applies to the contract without regard to:
(1)  whether the contract is otherwise subject to this subtitle;  or
(2)  the source of funds for the contract, except that to the extent federal funds are used to pay for the contract, this subchapter does not apply if federal law prohibits the application of this subchapter in relation to the expenditure of federal funds.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 2.10, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter F. Subcontracting › Section 2161.252. Agency Determination Regarding Subcontracting Opportunities; Business Subcontracting Plan

Sec. 2161.252.  AGENCY DETERMINATION REGARDING SUBCONTRACTING OPPORTUNITIES;  BUSINESS SUBCONTRACTING PLAN.  (a)  Each state agency that considers entering into a contract with an expected value of $100,000 or more shall, before the agency solicits bids, proposals, offers, or other applicable expressions of interest for the contract, determine whether there will be subcontracting opportunities under the contract.  If the state agency determines that there is that probability, the agency shall require that each bid, proposal, offer, or other applicable expression of interest for the contract include a historically underutilized business subcontracting plan.
(b)  When a state agency requires a historically underutilized business subcontracting plan under Subsection (a), a bid, proposal, offer, or other applicable expression of interest for the contract must contain a plan to be considered responsive.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 2.10, eff. Sept. 1, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2161 - Historically Underutilized Businesses › Subchapter F. Subcontracting › Section 2161.253. Good Faith Compliance With Business Subcontracting Plan

Sec. 2161.253.  GOOD FAITH COMPLIANCE WITH BUSINESS SUBCONTRACTING PLAN.  (a)  When a state agency requires a historically underutilized business subcontracting plan under Section 2161.252, the awarded contract shall contain, as a provision of the contract that must be fulfilled, the plan that the contractor submitted in its bid, proposal, offer, or other applicable expression of interest for the contract.  The contractor shall make good faith efforts to implement the plan.  A contractor's participation in a mentor-protege program under Section 2161.065 and submission of a protege as a subcontractor in the contractor's historically underutilized business subcontracting plan constitutes a good faith effort under this section for the particular area of the subcontracting plan involving the protege.
(b)  To the extent that subcontracts are not contracted for as originally submitted in the historically underutilized business subcontracting plan, the contractor shall report to the state agency all the circumstances that explain that fact and describe the good faith efforts made to find and subcontract with another historically underutilized business.
(c)  The state agency shall audit the contractor's compliance with the historically underutilized business subcontracting plan.  In determining whether the contractor made the required good faith effort, the agency may not consider the success or failure of the contractor to subcontract with historically underutilized businesses in any specific quantity.  The agency's determination is restricted to considering factors indicating good faith.
(d)  If a determination is made that the contractor failed to implement the plan in good faith, the agency, in addition to any other remedies, may bar the contractor from further contracting opportunities with the agency.
(e)  The comptroller shall adopt rules to administer this subchapter.
Added by Acts 1999, 76th Leg., ch. 1499, Sec. 2.10, eff. Sept. 1, 1999.  Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 13.02, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 99, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2163 - Commercially Available Activities › Section 2163.001. Review Process

Sec. 2163.001.  REVIEW PROCESS.  (a)  The comptroller shall develop a systematic review process to identify commercially available services being performed by the comptroller and study the services to determine if they may be better provided by other state agency providers of the services or private commercial sources.
(b)  In reviewing its services, the comptroller shall:
(1)  determine whether competitive vendors exist in the private sector;
(2)  compare the cost of contracting for the services from other state agency providers of the services or private commercial sources to the comptroller's cost of performing the services; and
(3)  document cost savings from contracting for the services from other state agency providers of the services or private commercial sources.
(c)  Each commercially available service performed by the comptroller shall be reviewed at least once every six years.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 6.01, eff. Sept. 1, 2001.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 24 (S.B. 706), Sec. 7(6), eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 100, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2163 - Commercially Available Activities › Section 2163.0011. Comptroller Powers and Duties

Sec. 2163.0011.  COMPTROLLER POWERS AND DUTIES.   The comptroller has under this chapter the powers and duties described by Section 2151.004(d).
Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.29, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 100, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2163 - Commercially Available Activities › Section 2163.0012. Authority to Adopt Rules

Sec. 2163.0012.  AUTHORITY TO ADOPT RULES.  The comptroller may adopt rules to efficiently and effectively administer this chapter.  Before adopting a rule under this section, the comptroller must conduct a public hearing regarding the proposed rule regardless of whether the requirements of Section 2001.029(b) are met.
Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.29, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2163 - Commercially Available Activities › Section 2163.002. Cost Comparison and Contract Considerations

Sec. 2163.002.  COST COMPARISON AND CONTRACT CONSIDERATIONS.  (a)  The comptroller shall consider all of its direct and indirect costs in determining the cost of providing a service.
(b)  In comparing the cost of providing a service, the comptroller must include the:
(1)  cost of supervising the work of a private contractor; and
(2)  cost to the state of the comptroller's performance of the service, including:
(A)  the costs of the office of the attorney general and other support agencies; and
(B)  other indirect costs related to the comptroller's performance of the service.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 6.01, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 100, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2163 - Commercially Available Activities › Section 2163.003. Contracting With Another State Agency or Private Source

Sec. 2163.003.  CONTRACTING WITH ANOTHER STATE AGENCY OR PRIVATE SOURCE.  (a)  If the comptroller determines that a service can be performed with a comparable or better level of quality at a savings to the state of at least 10 percent by using other state agency providers of the service or a private commercial source, the comptroller may contract with other state agency providers of the services or private commercial sources for the service.
(b)  The comptroller maintains responsibility for providing a contracted service and shall set measurable performance standards for a contractor.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 6.01, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 100, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2163 - Commercially Available Activities › Section 2163.004. Prohibition

Sec. 2163.004.  PROHIBITION.  The comptroller may not begin providing a service the General Services Commission did not provide as of September 1, 2001, unless, after conducting an in-depth analysis on cost in accordance with Section 2163.002 and on availability of a service, the comptroller determines that it can perform the service at a higher level of quality or at a lower cost than other state agency providers of the service or private commercial sources.
Added by Acts 2001, 77th Leg., ch. 1422, Sec. 6.01, eff. Sept. 1, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 100, 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 A. Charge and Control of State Buildings and Property › Section 2165.001. Custodianship of State Property

Sec. 2165.001.  CUSTODIANSHIP OF STATE PROPERTY.  (a)  The commission:
(1)  has charge and control of all public buildings, grounds, and property;
(2)  is the custodian of all state personal property;  and
(3)  is responsible for the proper care and protection of state property from damage, intrusion, or improper use.
(b)  The commission may:
(1)  allocate space in a public building to the departments of state government for uses authorized by law;  and
(2)  make repairs to a public building necessary to accommodate uses of the space in the building.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 9.0195(b), eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter A. Charge and Control of State Buildings and Property › Section 2165.0011. Definition

Sec. 2165.0011.  DEFINITION.  In this chapter, "commission" means the Texas Facilities Commission.
Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.30, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter A. Charge and Control of State Buildings and Property › Section 2165.0012. Authority to Adopt Rules

Sec. 2165.0012.  AUTHORITY TO ADOPT RULES.  The commission may adopt rules to efficiently and effectively administer this chapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.30, eff. September 1, 2007.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter A. Charge and Control of State Buildings and Property › Section 2165.002. Exceptions to Commission Charge and Control

Sec. 2165.002.  EXCEPTIONS TO COMMISSION CHARGE AND CONTROL.  The provisions of Section 2165.001 relating to charge and control of public buildings and grounds do not apply to buildings and grounds of:
(1)  an institution of higher education, as defined by Section 61.003, Education Code;
(2)  a state agency to which control has been specifically committed by law;  and
(3)  a state agency:
(A)  that has demonstrated ability and competence to maintain and control its buildings and grounds;  and
(B)  to which the commission delegates that authority.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 9.0195(c), eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter A. Charge and Control of State Buildings and Property › Section 2165.003. Allocation of Space Affecting Legislature

Sec. 2165.003.  ALLOCATION OF SPACE AFFECTING LEGISLATURE.  The allocation of space affecting the quarters of either house of the legislature must have the approval of the speaker of the house of representatives or the lieutenant governor.  The required approval is for the quarters allocated to the affected house.
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 A. Charge and Control of State Buildings and Property › Section 2165.004. Lease of Space to Public Tenants in Certain State-Owned Buildings

Sec. 2165.004.  LEASE OF SPACE TO PUBLIC TENANTS IN CERTAIN STATE-OWNED BUILDINGS.  (a)  The commission may enter into a lease agreement with a department, commission, board, agency, or other instrumentality of the state, a political subdivision of the state, or the federal government or its instrumentalities for space in an office building subject to Chapter 2166.  Except as provided by Subchapter E  or other law, the commission may not lease space in the building to an individual, private corporation, association, partnership, or other private interest.
(b)  The commission may adopt rules necessary to implement this section.
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 A. Charge and Control of State Buildings and Property › Section 2165.005. Naming of State Buildings

Sec. 2165.005.  NAMING OF STATE BUILDINGS.  (a)  This section prescribes the procedure for naming a building owned by this state, including a building financed under Chapter 1232.
(b)  The commission shall submit names proposed for a new state building to be used as a state or regional headquarters by a state agency, or proposals to rename an existing state building which is used as a state or regional headquarters by a state agency, to the presiding officers of the house of representatives and the senate.
(c)  The name proposed by the commission for a state building to be used as a state or regional headquarters by a state agency may be approved and authorized only by concurrent resolution passed by the legislature and signed by the governor.
(d)  The commission shall submit names proposed for a state building which will be used as a local headquarters by a state agency to the presiding officers of the house of representatives and the senate and the members of each body in whose district the building is located.
(e)  The name proposed by the commission for a state building to be used as a local headquarters by a state agency may be approved and authorized only with the consent of the governor and the presiding officers of the house of representatives and the senate.
(f)  A building that will be used as a state or regional headquarters for a state agency, other than a university building, a secure correctional facility operated by the Texas Juvenile Justice Department, or a prison, may bear the name of a person only if the person is deceased and was significant in the state's history.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 658, Sec. 2, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.240, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 1422, Sec. 14.12, eff. Sept. 1, 2001.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 113, 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 A. Charge and Control of State Buildings and Property › Section 2165.006. Display of Pow/mia Flag

Sec. 2165.006.  DISPLAY OF POW/MIA FLAG.  (a)  In this section, "POW/MIA flag" means the National League of Families POW/MIA flag identified by 36 U.S.C. Section 902.
(b)  The POW/MIA flag shall be displayed at each state office building on:
(1)  the third Saturday in May, "Armed Forces Day";
(2)  the last Monday in May, "Memorial Day";
(3)  the 14th day of June, "Flag Day";
(4)  the fourth day of July, "Independence Day";
(5)  the 11th day of November, "Veterans Day";  and
(6)  "National POW/MIA Recognition Day."
Added by Acts 1999, 76th Leg., ch. 589, Sec. 1, eff. June 18, 1999.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter A. Charge and Control of State Buildings and Property › Section 2165.0065. Display of Honor and Remember Flag

Sec. 2165.0065.  DISPLAY OF HONOR AND REMEMBER FLAG.  (a)  In this section, "Honor and Remember flag" means the Honor and Remember, Inc., flag.
(b)  The Honor and Remember flag may be displayed at each state office building, at the State Cemetery under Section 2165.256, and at each veterans cemetery managed by the Veterans' Land Board on:
(1)  the third Saturday in May, "Armed Forces Day";
(2)  the last Monday in May, "Memorial Day";
(3)  the last Sunday in September, "Gold Star Mother's Day";
(4)  the 11th day of November, "Veterans Day"; and
(5)  any date on which a resident of this state is killed while serving on active duty in the armed forces of the United States.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1205 (S.B. 1373), 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 A. Charge and Control of State Buildings and Property › Section 2165.007. Facilities Management Services

Sec. 2165.007.  FACILITIES MANAGEMENT SERVICES.  (a)  In this section, "facilities management services" means any state agency facilities management service that is not unique to carrying out a program of the agency.  The term includes services related to facilities construction, facilities management, general building and grounds maintenance, cabling, and facility reconfiguration.
(b)  Notwithstanding any other law, the commission shall provide facilities management services in relation to all state agency facilities in Travis County or a county adjacent to Travis County.  The commission's duty does not apply to:
(1)  a facility owned or operated by an institution of higher education;
(2)  military facilities;
(3)  facilities owned or operated by the Texas Department of Criminal Justice;
(4)  facilities owned or operated by the Texas Juvenile Justice Department;
(5)  facilities owned or operated by the Texas Department of Transportation;
(6)  the Capitol, including the Capitol Extension, the General Land Office building, the Bob Bullock Texas State History Museum, any museum located on the Capitol grounds, the Governor's Mansion, and any property maintained by the Texas Historical Commission under Sections 442.0072 and 442.0073;
(7)  a facility determined by the commission to be completely residential;
(8)  a regional or field office of a state agency;
(9)  a facility located within or on state park property;
(10)  the property known as the Finance Commission Building described by deed recorded in Volume 5080, Page 1099, of the Deed Records of Travis County, Texas;
(11)  the property known as the Credit Union Department Building described by deed recorded in Volume 6126, Page 27, of the Deed Records of Travis County, Texas;
(12)  the property known as the Texas State Cemetery described as 17.376 acres located at 801 Comal, Lot 5, Division B, City of Austin, Travis County, Texas; or
(13)  facilities owned or operated by the Texas Department of Motor Vehicles.
Added by Acts 2003, 78th Leg., ch. 309, Sec. 2.01, eff. June 18, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 898 (H.B. 2621), Sec. 3, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 1317 (H.B. 2774), Sec. 28(h), eff. September 1, 2009.
Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 8, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1358 (S.B. 1457), Sec. 3, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 247 (S.B. 836), Sec. 3, eff. May 29, 2015.
Acts 2015, 84th Leg., R.S., Ch. 932 (H.B. 2206), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 215 (S.B. 1349), Sec. 1, eff. May 28, 2017.
Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 8.014, 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 A. Charge and Control of State Buildings and Property › Section 2165.009. Energy-Efficient Light Bulbs in State Buildings

Sec. 2165.009.  ENERGY-EFFICIENT LIGHT BULBS IN STATE BUILDINGS.  A state agency or institution of higher education in charge and control of a state building shall purchase for use in each type of light fixture in the building the commercially available model of light bulb that:
(1)  uses the fewest watts for the necessary luminous flux or light output; and
(2)  is compatible with the light fixture.
Added by Acts 2007, 80th Leg., R.S., Ch. 939 (H.B. 3693), Sec. 6, eff. September 1, 2007.
Renumbered from Government Code, Section 2165.008 by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 27.001(46), eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter B. Powers and Duties of Commission › Section 2165.051. Inspection of State Property

Sec. 2165.051.  INSPECTION OF STATE PROPERTY.  (a)  The commission shall frequently and at regular intervals inspect all public buildings and property to remain constantly informed of the condition of the buildings and property.
(b)  The commission may inspect the buildings, property in the buildings, and other property under the State Preservation Board's control only at the board's request.  The commission shall report to the board the results of an inspection.  Restoration and repairs may be made only:
(1)  at the board's direction;  and
(2)  by a contractor or agency chosen by the board.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 9.0195(d), eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter B. Powers and Duties of Commission › Section 2165.052. Repair and Improvement of State Buildings

Sec. 2165.052.  REPAIR AND IMPROVEMENT OF STATE BUILDINGS.  On direction of the commission's attention to a needed improvement or repair of a building or office by the head of a department or office, the commission shall provide for and direct the repair or improvement.
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 B. Powers and Duties of Commission › Section 2165.053. Maintenance of Sewers and Utility Conduits

Sec. 2165.053.  MAINTENANCE OF SEWERS AND UTILITY CONDUITS.  The commission shall give special attention to the effective maintenance of sewers and utility conduits.
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 B. Powers and Duties of Commission › Section 2165.054. Plans of Public Buildings

Sec. 2165.054.  PLANS OF PUBLIC BUILDINGS.  The commission shall prepare and keep in its offices a copy of the plans of each public building under its charge, and plans of each building's improvements, showing the exact location of all electrical wiring and all water, gas, and sewage pipes.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 9.0195(e), eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter B. Powers and Duties of Commission › Section 2165.056. Powers in Relation to Other Agency Property

Sec. 2165.056.  POWERS IN RELATION TO OTHER AGENCY PROPERTY.  (a)  The commission may, at a state agency's request, exercise the powers and duties given to the commission by this subchapter and Subchapters A, D, E, and F, on or with respect to any property owned or leased by the state.
(b)  Services provided by the commission under this section are not subject to Chapter 771.
(c)  The commission shall establish a system of charges for providing services under this section to assure recovery of the cost of providing the services and shall submit a purchase voucher or journal voucher after the close of each month to agencies 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 2165 - State Buildings, Grounds, and Property › Subchapter B. Powers and Duties of Commission › Section 2165.057. Management of Facilities

Sec. 2165.057.  MANAGEMENT OF FACILITIES.  (a)  The commission shall develop and implement policies that clearly define the responsibilities of the commission and the commission's staff that relate to conducting facilities management services for state agency facilities under Section 2165.007.
(b)  The state energy conservation office shall provide utility management services for state agency facilities for which the commission provides facilities management services under Section 2165.007.
Added by Acts 2003, 78th Leg., ch. 309, Sec. 2.02, eff. June 18, 2003.
2023 Texas Statutes › Government Code › Title 10 - General Government › Subtitle D - State Purchasing and General Services › Chapter 2165 - State Buildings, Grounds, and Property › Subchapter B. Powers and Duties of Commission › Section 2165.058. Vending Machines; Energy-Saving Device Required

Sec. 2165.058.  VENDING MACHINES; ENERGY-SAVING DEVICE REQUIRED.  (a)  This section does not apply to a vending machine that contains a perishable food product, as defined by Section 96.001, Civil Practice and Remedies Code.
(b)  The commission shall require an entity that owns or operates a vending machine located in a building owned or leased by the state to activate and maintain any internal energy-saving or energy-management device or option that is already part of the machine or contained in the machine.
(c)  The commission shall require the use of an external energy-saving or energy-management device for each vending machine that:
(1)  is located in a building owned or leased by the state;
(2)  operates with a compressor; and
(3)  does not have an activated and operational internal energy-saving or energy-management device or option.
(d)  An entity that owns or operates a vending machine subject to this section is responsible for any expenses associated with the acquisition, installation, or maintenance of an energy-saving device required by this section.
(e)  The commission may impose an administrative fine on an entity that operates a vending machine subject to this section in an amount not to exceed $250 a year for each machine found to be in violation of this section or rules adopted by the commission under this section.
(f)  The commission shall adopt rules relating to the specifications for and regulation of energy-saving devices required by this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 939 (H.B. 3693), Sec. 7, eff. September 1, 2007.
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 2165.101. Applicability of Subchapter

Sec. 2165.101.  APPLICABILITY OF SUBCHAPTER.  This subchapter applies only to space to which, under Section 2167.001, Chapter 2167 applies.
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 2165.102. Commission Standards for Space

Sec. 2165.102.  COMMISSION STANDARDS FOR SPACE.  The commission shall adopt standards regarding state agencies':
(1)  use of space;  and
(2)  needs for space, including types of space needed.
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 2165.103. Child Care Facility Standards

Sec. 2165.103.  CHILD CARE FACILITY STANDARDS.  (a)  The commission, in consultation with the Child Care Advisory Committee, shall by rule adopt standards regarding the type, size, and location of child care services that may be needed by a state agency based on an agency's location and employee demographics.
(b)  The commission shall apply standards adopted under this section in fulfilling the commission's responsibilities relating to the establishment of child care facilities.
Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 761, Sec. 7, eff. Sept. 1, 2001.