reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 115 - FACILITIES LEASING PROGRAM › Subchapter B - CANCELLATION OF LEASE DUE TO LACK OF FUNDING › Section 115.22 - Cancellation of Lease Upon Request by a Governmental Agency Due to Lack of Funding

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless a
				  governmental agency has been abolished by the Legislature, a governmental
				  agency that elects to invoke the Funding Out Clause to cancel a lease due to
				  lack of funding shall request the Commission to either cancel the lease or make
				  the leased premises available to another governmental agency.
(b) A request by a governmental agency to
				  cancel a lease due to lack of funding must have the approval of the governing
				  body of the governmental agency making the request. Any agency under the
				  authority of an individual commissioner or executive director, appointed by or
				  directly accountable to the Governor, must provide evidence of notification to
				  the Office of the Governor in order for such a request to be considered for
				  action by the Commission.
(c)
				  Unless the term of the lease is amended by written agreement between a lessor
				  and the Commission, the Commission will serve written notice to the lessor of
				  intent to cancel the lease effective on a date certain at least 180 days prior
				  to the date of the lease cancellation. Notice to the lessor is effective upon
				  receipt if served by electronic mail directed to the lessor's designated
				  contact on the Commission's database. Rent shall continue to be paid through
				  the date that the lessee vacates the facilities or through the end of the
				  biennium, whichever is earlier, for which funds had been certified pursuant to
				  Texas Government Code §
										RSA
				  2167.101 (West 2008).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 116 - PROPERTY MANAGEMENT DIVISION › Subchapter A - STATE OWNED PROPERTY › Section 116.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Facility--A building,
				  utility system, grounds or other physical entity under the inventory of the
				  commission.
(2) Commission--Texas
				  Facilities Commission.
(3)
				  Maintenance--Actions required to keep a facility or part of a facility in a
				  usable condition and/or in good appearance, or to prevent deterioration once it
				  has been placed in good condition for its type and age.
(4) Minor Construction--The addition to, or
				  alteration, rehabilitation, or repair of an existing building, structure or
				  appurtenant facility or utility.
(5) Modification--A change in the facility to
				  improve its appearance or function.
(6) Repair--To replace or restore part of a
				  facility to its original operating condition.
(7) Tenant Manual--Mandatory rules and
				  regulations governing occupying agency use of a state owned property. The
				  Manual is promulgated by the Commission in performance of its statutory duties
				  and may be amended from time to time.
(8) Utilities--Electricity, gas, water and
				  wastewater services purchased for facilities.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 116 - PROPERTY MANAGEMENT DIVISION › Subchapter A - STATE OWNED PROPERTY › Section 116.2 - Occupying Agency Responsibility

Current through Reg. 49, No. 28; July 12, 2024
(a) The chief
				  executive of each occupying agency shall be responsible for the building space
				  assigned to the agency.
(b) The
				  chief executive of the occupying agency may designate one of his employees to
				  coordinate affairs between the agency and the Commission. The designee should
				  have the authority to make decisions for the occupying agency and to encumber
				  agency funds for projects accomplished under interagency contract with the
				  Commission.
(c) The chief executive
				  shall be responsible for the control of interior door keys to the space
				  assigned to the occupying agency. Only the Department of Public Safety, Capitol
				  Police may reproduce keys, install or remove locks, or change locks in doors of
				  the building.
(d) The chief
				  executive of each occupying agency is responsible for his/her agency's
				  compliance with the Commission's Tenant Manual.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 116 - PROPERTY MANAGEMENT DIVISION › Subchapter A - STATE OWNED PROPERTY › Section 116.3 - Maintenance, Repairs, and Modifications

Current through Reg. 49, No. 28; July 12, 2024
(a) Maintenance service requests may be made
				  by telephone or e-mail to the Commission or through the Commission Facilities
				  Service Center website located at
http://portal.tfc.state.tx.us/fcsm/facilityfrontpage.asp
.
				  Requestor shall give his name, telephone number, location, nature of the
				  maintenance service required, and assessment of the priority of the
				  requirement, i.e., emergency, at first opportunity, or include in regular
				  maintenance schedule.
(b)
				  Facilities on the Commission's inventory may not be modified except by or under
				  the control of the Commission.
(c)
				  Requests for modifications of space in state-owned facilities under the
				  Commission's control shall be made through the Commission Facilities Service
				  Center website located at
http://portal.tfc.state.tx.us/fcsm/facilityfrontpage.asp
.
(d) Modifications or improvements to
				  buildings carried on the Commission's inventory that become attached to and
				  considered a part of the building may not be removed by the occupying agency
				  without the Commission's approval.
(e) Equipment that is used specifically for
				  the occupying agency's work process is the agency's responsibility to
				  maintain.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 116 - PROPERTY MANAGEMENT DIVISION › Subchapter A - STATE OWNED PROPERTY › Section 116.4 - Procedures Governing Maintenance Service and Minor Construction Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) An occupying agency shall not perform nor
				  contract for any facilities management service within a Commission managed
				  facility without prior written approval of the Commission. A contract for a
				  facilities management service in a Commission managed facility must be executed
				  by an authorized representative of the Commission.
(b) The Commission will provide facilities
				  management in accordance with the Texas Government Code.
(c) The Commission shall require prior
				  approval for any contract for services associated with and affecting the
				  operation or maintenance of the Commission managed facility. The Commission may
				  require contracts to include specific termination clauses.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 116 - PROPERTY MANAGEMENT DIVISION › Subchapter A - STATE OWNED PROPERTY › Section 116.5 - Tenant Manual

Current through Reg. 49, No. 28; July 12, 2024
In performance of its statutory duties, the Commission
					 shall promulgate mandatory regulations governing an occupying agency's use of
					 state owned property, including but not limited to building operations, energy
					 conservation measures, air quality, conference rooms, signage, and security.
					 Such regulations shall be compiled in a Tenant Manual and may be amended
					 periodically.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 116 - PROPERTY MANAGEMENT DIVISION › Subchapter A - STATE OWNED PROPERTY › Section 116.6 - Temporary Use of Property on the Commission's Inventory

Current through Reg. 49, No. 28; July 12, 2024
(a) Temporary use of parking garages and
				  surface lots on the Commission's inventory must receive prior approval by the
				  Department of Public Safety (DPS).
(b) The Commission is the "owner" of record
				  for all property on its inventory for purposes of permits, zoning and other
				  proceedings before local municipal authorities.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 116 - PROPERTY MANAGEMENT DIVISION › Subchapter A - STATE OWNED PROPERTY › Section 116.7 - Applicability of National Fire Codes

Current through Reg. 49, No. 28; July 12, 2024
All remodeling and installations of equipment, wiring, data
					 cable and accessories in state buildings under the Commission's jurisdiction
					 and control shall comply with the latest edition of the National Fire Codes,
					 including the National Electrical Code and the Life Safety
					 Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 116 - PROPERTY MANAGEMENT DIVISION › Subchapter A - STATE OWNED PROPERTY › Section 116.8 - Parking

Current through Reg. 49, No. 28; July 12, 2024
The Commission shall manage, administer, maintain and
					 assign parking in parking lots and/or parking structures in facilities managed
					 by the Commission and those within the Commission's inventory, with the
					 exception of those which are under the jurisdiction of the Texas Department of
					 Public Safety during State of Texas business hours of 7:00 a.m. to 6:00
					 p.m.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 116 - PROPERTY MANAGEMENT DIVISION › Subchapter A - STATE OWNED PROPERTY › Section 116.12 - Delegated Authority for Facilities Management

Current through Reg. 49, No. 28; July 12, 2024
(a) Requests for delegated facilities
				  management authority for state-leased and owned facilities under the
				  Commission's control shall be made in writing by the requesting agency.
(1) Requests shall provide the following
				  information:
(A) Statement of justification
				  that addresses staff (enumerate number of FTEs and agency unit), inadequacy of
				  current services, and anticipated cost-savings.
(B) Written certification that funds are
				  authorized and available to accomplish the requested action.
(C) Identification of the services the
				  request applies to and any related service contracts.
(D) The location of the facilities subject to
				  the request including street address and zip code.
(E) Term of the application: short-term (48
				  months or less) or long-term (specify duration), requested effective date, and
				  other factors the applicant deems are critical.
(F) Special conditions related to agency
				  functions that require facility services beyond regular business
				  hours.
(G) Requesting agency
				  contact, telephone and fax numbers.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 116 - PROPERTY MANAGEMENT DIVISION › Subchapter A - STATE OWNED PROPERTY › Section 116.14 - Vending Machines; Mandatory Energy-Savings Devices

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions.
(1) "Energy Consumption" refers to the amount
				  of energy a Vending Machine consumes.
(2) "Energy Star Program Requirements" refers
				  to the Federal Energy Star Program Requirements for Refrigerated Beverage
				  Vending Machines as designated by the U.S. Environmental Protection Agency and
				  the U.S. Department of Energy.
(3)
				  "Existing Vending Machine" refers to a Vending Machine that, prior to September
				  1, 2007, was located in a building owned or leased by the State of
				  Texas.
(4) "Low Power Mode" refers
				  to the reduced power state of a Vending Machine during extended periods of
				  inactivity.
(5) "Vending Machines"
				  or "Refrigerated Beverage Vending Machines" refers to a self-contained system
				  designed to accept consumer payments and dispense bottled, canned, and other
				  sealed beverages at appropriate temperatures without outside labor
				  intervention. This definition does not include a vending machine that contains
				  a perishable food product, as defined by §
											RSA
				  96.001, Civil Practice and Remedies
				  Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 117 - MANDATORY PAPER RECYCLING PROGRAM › Section 117.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this subchapter,
				  shall have the following meanings:
(1)
				Commission--the Texas Facilities Commission.
(2) Contaminants--Any material that
				significantly decreases the market value of the Single Stream. Contaminants
				include, but are not limited to, food containers (polystyrene, aluminum foil,
				food wrappers, etc.) food waste, hardbound covered books, paper towels,
				napkins, rubber bands, express mail envelopes, padded envelopes, laminated
				paper, self-adhesive nonpaper products, and glass.
(3) Facility--a building, utility system,
				grounds or other physical entity included in the Commission's Facilities
				inventory.
(4) Facilities
				inventory--a compilation of the property owned or maintained by the
				Commission.
(5) Mandatory Paper
				Recycling Program--A statutory program to collect all paper deposited in
				specifically marked containers for the purpose of recycling.
(6) Recycling coordinator--An agency's point
				of contact who shall coordinate recycling efforts within the agency, track the
				success of the program, and educate employees on recycling methods.
(7) Single Stream--A recycling initiative to
				maximize and collect all recyclable materials, including all recyclable paper
				collected under the Mandatory Paper Recycling Program, by permitting the
				deposit of such materials to occur in a single specially marked container for
				the purpose of recycling. Glass and trash items are excluded from the Single
				Stream.
(8) Toner cartridge--A
				cartridge containing a substance used to develop a latent xerographic image,
				commonly used in connection with computer printers, facsimile and copier
				machines.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 117 - MANDATORY PAPER RECYCLING PROGRAM › Section 117.2 - Goals

Current through Reg. 49, No. 28; July 12, 2024
The goals of the paper recycling program are to:
(1) encourage agencies to cooperatively
				participate in the Mandatory Paper Recycling Program and in the Single Stream
				initiative;
(2) dispose of waste
				paper in an efficient manner;
(3)
				obtain revenue at the highest possible rate for the State;
(4) actively seek all possible recycling
				methods and solutions; and
(5)
				increase the amount of paper diverted from the waste stream.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 117 - MANDATORY PAPER RECYCLING PROGRAM › Section 117.3 - Designated Recycling Coordinator

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				agency that occupies a building listed on the facilities inventory maintained
				by the Commission shall designate a recycling coordinator for the
				agency.
(b) The recycling
				coordinator shall execute the following responsibilities:
(1) act as liaison between the agency and the
				Commission on the effectiveness of the recycling program within the
				agency;
(2) foster a sense of
				teamwork for the recycling program within the agency and enlist the support of
				all employees;
(3) identify areas
				that generate a large volume of paper, such as a computer room or an in-house
				print shop and provide information and appropriate receptacles in order to
				eliminate the waste of recyclable materials;
(4) visually inspect recycling containers for
				contaminants, notify the appropriate agency personnel and the Commission of the
				location of receptacles that were found to contain contaminants, and take
				appropriate remedial measures as necessary;
(5) identify areas within the agency that
				improperly dispose of recyclable waste paper and request assistance from the
				Commission to assist with efforts to mitigate the waste;
(6) designate receptacles within the agency
				to deposit used toner cartridges, which are accepted in the Single Stream in a
				sealed bag; and
(7) provide reports
				or information on the recycling program as requested by the
				Commission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 117 - MANDATORY PAPER RECYCLING PROGRAM › Section 117.4 - Performance Measures

Current through Reg. 49, No. 28; July 12, 2024
(a) Performance
				measures for the Mandatory Paper Recycling Program shall report to the
				Legislative Budget Board the total quantity of paper in tons recycled by all
				agencies located in a facility on the Commission's Facilities
				inventory.
(b) Commission staff
				shall compile this information on a quarterly basis.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 117 - MANDATORY PAPER RECYCLING PROGRAM › Section 117.5 - Paper Recycling Training

Current through Reg. 49, No. 28; July 12, 2024
(a) Custodial
				education and training. The Commission shall provide annual training on
				recycling procedures to all custodial personnel who collect or handle trash for
				collection. Custodial personnel shall include state employees and employees of
				contracted private vendors who provide custodial and recycling services for the
				Commission.
(b) Recycling
				coordinator training. The Commission shall provide annual training on recycling
				procedures to all agency recycling coordinators. Training shall include methods
				to promote recycling efforts within the agency, how to monitor the effective
				use of recycling containers, and how to recognize those areas within the agency
				that have successfully followed recycling procedures.
(c) Employee training and education. The
				Commission, upon request of a participating agency, shall provide training and
				education to employees on recycling procedures for separating and disposing of
				waste paper and contaminants. The Commission shall provide training and/or
				educational information and material for state agencies that have been approved
				to conduct in-house recycling training.
(d) Training records. The Commission shall
				maintain records of all training offered to custodial personnel, state
				employees, and recycling coordinators. Agencies that provide training under
				this section shall forward the records to the Commission no later than October
				15 of each year. The records shall be maintained according to the Commission's
				record retention schedule.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 117 - MANDATORY PAPER RECYCLING PROGRAM › Section 117.6 - Delegation of Responsibility

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				Commission may delegate responsibility for maintaining a paper recycling
				program to agencies located outside of Travis County in state buildings that
				are under the Commission's control, if they have demonstrated they have met and
				can continue to meet the following standards:
(1) compliance with Commission guidelines
				regarding the proper separation and disposal of waste paper in appropriate
				recycling containers;
(2) the paper
				recycling coordinator actively monitors and trains employees according to
				Commission procedures on disposal of contaminants found in recycling
				containers;
(3) development of a
				paper recycling contract to sell paper to the highest bidder;
(4) adequate staff and equipment to transport
				the waste paper to the purchasing vendor;
(5) Commission standards, procedures and
				guidelines for the Mandatory Paper Recycling Program continue to be followed;
				and
(6) the agency has continuously
				maintained a designated recycling coordinator.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 117 - MANDATORY PAPER RECYCLING PROGRAM › Section 117.7 - Guidelines and Procedures for Collecting and Recycling of Paper through the Single Stream

Current through Reg. 49, No. 28; July 12, 2024
State employees who office in buildings under the
				  Commission's control and those listed on the Commission's facilities inventory
				  shall adhere to the following paper recycling guidelines and procedures:
(1) All contaminant-free white and mixed
				waste paper, newsprint, and small sized cardboard are recyclable through the
				Single Stream and must be placed in designated recycling containers provided to
				the agency. Cardboard boxes, or large sized cardboard, and discarded telephone
				books are accepted in the Single Stream;
(2) Recycle containers shall be centrally
				located in areas accessible to employees;
(3) All employees shall participate in the
				Mandatory Paper Recycling Program training and make a conscientious effort to
				keep contaminants from entering the recycling containers;
(4) Affected state agencies shall designate
				paper recycling coordinators who will promote the use of proper recycling
				methods within the agency;
(5)
				Custodial personnel who have attended training described in §
									RSA
				117.5 of this Chapter shall collect white and
				mixed waste paper, newsprint, cardboard boxes, large size cardboard, and
				discarded telephone books, and place them in an area designated by the
				Commission for disposal; and
(6)
				The Commission shall collect all waste paper, newsprint, cardboard and
				discarded telephone books, and transport them to the contracted recycling
				vendor.
(7) The Commission shall
				provide feedback and recognition to state agencies when appropriate and inform
				state agencies when proper recycling methods are not used.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 121 - COMPREHENSIVE PLANNING AND DEVELOPMENT PROCESS › Section 121.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise.
(1) Capitol Complex--Has
				the meaning prescribed in § 411.061(a)(10), Texas Government
				Code.
(2) Commission--The Texas
				Facilities Commission as defined in § 2165.0011, Texas Government
				Code.
(3) Division--The
				Commission's internal division that is primarily responsible for comprehensive
				planning, use or development of State Property.
(4) State Property--All public buildings,
				grounds, and property on the Commission's inventory within the charge and
				control of the Commission.
(5)
				Project--A building construction project of the state that is financed wholly
				or partly by a specific appropriation, a bond issue, or federal money. The term
				includes the construction of a building, structure, or appurtenant facility or
				utility, including the acquisition and installation of original equipment and
				original furnishings.
(6)
				Proposal--A building construction project of the state that is financed wholly
				or partly by a public-private partnership. The term includes the construction
				of a building, structure, or appurtenant facility or utility, including the
				acquisition and installation of original equipment and original
				furnishings.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 121 - COMPREHENSIVE PLANNING AND DEVELOPMENT PROCESS › Section 121.2 - Commission Involvement Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				Commission shall be regularly informed as to the planning, use or development
				of State Property.
(b) The
				Commission shall include "Division report about planning, use or development of
				State Property" as a line item on the agenda for each regularly scheduled
				Commission meeting. The Division shall present the Project or any other
				proposal; identify its location; summarize its nature, timing and scope; and
				include such other and additional information as required by law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 121 - COMPREHENSIVE PLANNING AND DEVELOPMENT PROCESS › Section 121.3 - Planning and Development for the Capitol Complex

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission adopts by reference
				§§ 2166.105, 2166.106, 2166.1065, 2166.107, and 2166.108, Texas
				Government Code, as the comprehensive planning and development process for
				Projects upon State Property in the Capitol Complex.
(b) The Commission adopts by reference
				§§2267.006, 2267.0061 - 2267.0067, 2267.051, 2267.052, 2267.053,
				2267.055, 2267.058, 2267.059, 2267.065, and 2267.066, Texas Government Code, as
				the comprehensive planning and development process for Proposals upon State
				Property in the Capitol Complex in addition to the requirements set out in
				subsection (a) of this section.
(c)
				It is the policy of the Commission that before the Commission makes a decision
				on the planning, use or development of State Property within the Capitol
				Complex, the public and interested parties have the opportunity to review and
				comment on the Commission's proposed plans for such planning, use or
				development of State Property. Any proposed plans for such planning, use or
				development of State Property shall be listed as a line item on the agenda for
				each regularly scheduled Commission meeting. In addition to the required
				notices to state agencies under the provisions named in this section, at least
				thirty (30) days prior to each regularly scheduled Commission meeting, the
				Commission shall serve notice of each Project or Proposal for the planning, use
				or development of State Property within the Capitol Complex upon the public and
				interested parties, including a designated representative of the city, county,
				and any other affected jurisdiction where the State Property is located. Notice
				shall be given by posting on the Commission website and in the Texas Register.
				The posting shall generally describe the Project or Proposal; identify its
				location, summarize its nature, timing and scope, and include such other and
				additional information as required by law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 121 - COMPREHENSIVE PLANNING AND DEVELOPMENT PROCESS › Section 121.4 - Planning and Development for Other State Properties

Current through Reg. 49, No. 28; July 12, 2024
(a) It is the policy of the Commission that
				before the Commission makes a decision on the planning, use or development of
				State Property situated outside the Capitol Complex that the public and
				interested parties have the opportunity to review and comment on the
				Commission's proposed plans for such planning, use or development of State
				Property. Any proposed plans for such planning, use or development of State
				Property shall be listed as a line item on the agenda for each regularly
				scheduled Commission meeting.
(b)
				As to planning, development or use of State Property in a municipality or the
				extraterritorial jurisdiction of a municipality or an unincorporated area, the
				Commission and the Division shall include public comment as an integral part of
				the planning process at points in time to assure that such public comment is
				meaningful for the Commission's planning and development responsibilities. As a
				matter of its promulgated policies, the Commission may further direct the
				Division to detail the manner in which the Division shall achieve meaningful
				public comment.
(c) At least thirty
				(30) days prior to each regularly scheduled Commission meeting, the Commission
				shall serve notice of each Project or Proposal for the planning, use or
				development of State Property upon the public and interested parties, including
				a designated representative of the city, county, and any other affected
				jurisdiction where the State Property is located. Notice shall be given by
				posting on the Commission website and in the Texas Register. The posting shall
				generally describe the Project or Proposal; identify its location; summarize
				its nature, timing and scope; and include such other and additional information
				as required by law.
(d) In addition
				to the public notices required in this section, not later than the 30th day
				before the date the Commission is scheduled to meet and vote on a Project or
				Proposal, the Commission and the Division must:
(1) place the Project or Proposal 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 the
				Commission members to enable the members to adequately prepare for the meeting
				and to address the members' questions and concerns.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 121 - COMPREHENSIVE PLANNING AND DEVELOPMENT PROCESS › Section 121.5 - Confidentiality

Current through Reg. 49, No. 28; July 12, 2024
The Commission is subject to Texas Government Code, Chapter
				  552, also known as the Texas Public Information Act (the "Act"). The Act gives
				  the public the right to request access to government information and to receive
				  information subject to statutory exceptions, including confidentiality as
				  provided by the Act or other law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 122 - SPACE MANAGEMENT › Section 122.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter and
				  in studies and reports conducted pursuant to Texas Government Code, Chapter
				  2165, Subchapter C, shall have the following meanings, unless the context
				  clearly indicates otherwise.
(1)
				Agency Employee--The full-time equivalent (FTE) of a person performing services
				on site under the direction of a state agency, including hours worked by
				full-time employees, part-time employees, and consultant and contract
				individuals as defined by the state auditor including employees paid from funds
				maintained outside the treasury and hours worked by volunteers performing
				necessary services.
(2) Agency
				Space Allocation--The area assigned to an agency calculated on the basis of
				Gross Area less the following areas:
(A)
				Space designated and regularly used for public activities, including ancillary
				space such as lobbies, corridors, toilet rooms and refreshment areas associated
				with the public space. This does not include lobbies and other space ancillary
				to space primarily intended for internal use by FTEs in the course of
				interfacing with clients or to accommodate occasional visits by members of the
				public;
(B) Vertical shafts or
				chases used for circulation (elevators or stairs) or mechanical, electrical,
				telecommunication, or data cabling distributions;
(C) Mechanical, electrical,
				telecommunication, and data cabling rooms which house equipment serving more
				than a single tenant; and
(D) Other
				areas which are not relevant to tenant agency functions.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 122 - SPACE MANAGEMENT › Section 122.2 - Requests for Allocation, Relinquishment, or Modification of Space in Facilities under the Commission's Control

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Requests for allocation, relinquishment, or modification of space in facilities
				under the Commission's control shall be submitted via the TFC Facilities
				Service Center by an authorized agency representative. The internet address for
				the Facilities Service Center is:
				http://portal.tfc.state.tx.us/fcsm/facilityfrontpage.asp. Requests shall
				include the following information:
(1)
				Statement of justification including any increases in number of FTEs and the
				name of the agency unit; inadequacy of current facilities; lease expiration;
				and other reasons relevant to the request for facility space changes;
(2) Certification that funds are authorized
				and available to accomplish the requested action;
(3) Identification of action requested
				including whether the request adds, relinquishes, or modified state-owned
				space; and other reasons relevant to the request;
(4) Desired location including: location of
				current facility; location of requested facility; or special needs relevant to
				the request;
(5) Term of need to
				include: short-term (48 months or less) or long-term (specify duration); date
				occupancy or action is needed; and any other critical schedule
				factors;
(6) Present occupancy
				status of subject agency program describing whether the unit is now housed in
				state-owned or state-leased property (name and address of facility) or not
				housed; present lease number; number of current FTEs and agency's current
				square footage; requests must include all contract and volunteer employees'
				work hours and functions;
(7)
				Special conditions related to critical agency functions that require facility
				services beyond regular business hours, or other relevant factors;
				and
(8) Requesting agency contact
				and telephone and fax numbers for agency program requiring space or
				modification.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 122 - SPACE MANAGEMENT › Section 122.3 - Space Allocation

Current through Reg. 49, No. 28; July 12, 2024
(a) General. The
				Commission is required to allocate space to state agencies based on best space
				planning practices for specific functional needs in the best and most efficient
				manner possible.
(b) Applicability.
				Sections
				RSA 122.1- 122.3 of
				this chapter apply to TFC's actions under Texas Government Code, Chapter 2165,
				Subchapter C and property subject to that subchapter, as outlined in Texas
				Government Code, §
									RSA
				2167.001.These rules apply whether the
				facility is state-owned or leased.
(c) General Space Allocation Guidelines. Each
				request for allocation, relinquishment or modification of agency space will be
				evaluated in a Space Use Study to determine specific functional requirements.
				The Space Use Study will be based on space allocation determined by space
				planning criteria and design standards. Such criteria and standards shall
				relate directly to tasks for which space is being allocated and shall be
				updated regularly to reflect changes in best management practices, office
				equipment, personnel policies and for consistency with private sector standards
				and industry best practices. TFC may allocate usable office space in amounts
				greater than that provided by the General Space Allocation Guidelines when:
(1) particular agency tasks require a
				specific design response not otherwise categorized;
(2) application of the General Space
				Allocation Guidelines to a given site is not practical; or
(3) the best financial interest of the state
				allows for greater space.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 123 - FACILITIES DESIGN AND CONSTRUCTION › Subchapter A - GENERAL MATTERS › Section 123.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Commission--The Texas
				  Facilities Commission.
(2)
				  Contractor's Qualification Form--A Commission promulgated form which
				  contractors must complete and return to the Commission prior to consideration
				  for a construction contract award.
(3) Cost of Services--Commission costs
				  incurred in providing construction project administration services, including
				  Project management, professional inspection, staff time, prior Project Analysis
				  cost, travel expense, the estimated cost of minor and incidental materials used
				  in pursuit of a Project, and may include overhead employee benefit
				  costs.
(4) Design
				  Professional--Persons licensed by the State of Texas to practice architecture
				  in accordance with Texas Occupations Code, Chapter 1051 or engineering in
				  accordance with Texas Occupations Code, Chapter 1001.
(5) Division--The Commission division
				  responsible for administration of construction projects under the Commission's
				  jurisdiction and such other projects that the Commission has agreed to
				  manage.
(6) Executive Director--The
				  Executive Director of the Commission.
(7) Project Analysis--A study done before the
				  legislative appropriation process for a Project to establish basic program
				  elements and scope of work and to develop a reliable estimate of the cost of
				  the Project to be used in the appropriations process, and as authorized by
				  Texas Government Code, Title 10, Subtitle D, Chapter 2166, Subchapter
				  D.
(8) Project--A building
				  construction project as defined in Texas Government Code, §
										RSA
				  2166.001(4).
(9) Purchasing Agency--An instrumentality of
				  the State of Texas that is appropriated funds for a construction Project
				  involving a real property acquisition.
(10) Using Agency--An instrumentality of the
				  State of Texas that occupies and uses a state-owned or state-leased building,
				  or the Commission, with respect to a state-owned building maintained by the
				  Commission.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 123 - FACILITIES DESIGN AND CONSTRUCTION › Subchapter A - GENERAL MATTERS › Section 123.2 - Delegation of Authority

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission
				  may act to exercise any power or authority set out in this chapter or it may
				  delegate such authority to the Executive Director. The Executive Director, in
				  exercising delegated authority, may further delegate this authority to another
				  member of the Division staff.
(b)
				  Operating Procedures for this chapter may be found in the Division's Internal
				  Procedures Manual.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 123 - FACILITIES DESIGN AND CONSTRUCTION › Subchapter B - REAL PROPERTY ACQUISITION › Section 123.12 - Land and Real Property Acquisition, Negotiated

Current through Reg. 49, No. 28; July 12, 2024
(a) Commission staff shall establish
				  procedures for the process to acquire real property in accordance with state
				  law.
(b) Written responses to the
				  request for offers to sell from property owners will be evaluated by staff of
				  the Commission and the Purchasing Agency. All final recommendations shall be
				  presented to the Commission or the Purchasing Agency for acceptance. All
				  appropriate studies, appraisals and title work shall accompany such
				  recommendations.
(c) The Commission
				  or the Purchasing Agency shall accept offers which are in the best interest of
				  the State of Texas. The Commission and the Purchasing Agency retain the right
				  to reject any and all offers.
(d)
				  The Commission or the Purchasing Agency, after acceptance of a written offer to
				  sell property, is authorized to complete the purchase as follows:
(1) A real estate contract will be executed
				  by the seller and the Commission stating all specific conditions of the
				  transfer of property, including delivery of draft deeds; acquisition of title
				  insurance policies; conducting surveys, environmental tests, and other such
				  matters; and other details of the individual transaction. A closing on the
				  transaction shall be scheduled at the convenience of the parties.
(2) The terms and conditions under which the
				  Commission or the Purchasing Agency purchases the real property shall be
				  designed to comply with applicable law to protect the interests of the State of
				  Texas and shall be reasonable and prudent under normal business
				  practices.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 123 - FACILITIES DESIGN AND CONSTRUCTION › Subchapter B - REAL PROPERTY ACQUISITION › Section 123.13 - Land and Real Property Acquisition, Condemnation

Current through Reg. 49, No. 28; July 12, 2024
(a) When no agreement on purchase price
				  between the seller and the buyer is reached through negotiations, the
				  Commission may exercise its power of eminent domain.
(b) At least one appraisal as to fair market
				  value shall be obtained from independent sources and a final offer presented to
				  the seller based on an appraisal.
(c) The final offer to purchase shall contain
				  a designated acceptance period stated in calendar days.
(d) If this final offer to purchase is not
				  accepted by the seller within the designated time period, the Commission may
				  proceed to make a finding of public purpose for the taking and seek assistance
				  from the Office of the Attorney General to proceed with the condemnation
				  action.
(e) The condemnation
				  proceedings shall be conducted in accordance with state law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 123 - FACILITIES DESIGN AND CONSTRUCTION › Subchapter C - CONSTRUCTION PROJECT ADMINISTRATION › Section 123.23 - General Project Responsibility

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Commission is responsible for the administration of Project Analyses and
				  Projects for all state agencies except as otherwise provided in Texas
				  Government Code, §§
										RSA
				  2165.007,
				  RSA
				  2166.003,
				  RSA
				  2166.004 and other statutes.
(b) The Commission will act as the owner for
				  the benefit of the Using Agency and shall provide timely and complete
				  information to the Using Agency for any pending Project for which it is
				  responsible.
(c) The Commission
				  shall act in the best interests of the State of Texas in administering Project
				  contracts for which it is responsible.
(d) Each Project administered by the
				  Commission shall bear the Cost of Services to be rendered. At the start of a
				  Project, an estimate of the Cost of Services provided by the Commission will be
				  provided to the Using Agency. This estimate may be changed by agreement of the
				  Commission and the Using Agency.
(e) The funds for all costs of the Project,
				  when allowed by law, shall be transferred to the Commission by an agreement
				  signed by both parties and an interagency transfer voucher to convey the funds.
				  This process shall occur immediately after the Project request is received and
				  analyzed by the Commission and before work commences on the Project. Once the
				  Project is accepted and the initial funding requirements are identified, the
				  voucher shall be processed and the funds transferred. For Projects where
				  statute required the funding to be controlled by the Using Agency, the
				  Commission shall be responsible for oversight and approval of expenditures, and
				  the Using Agency shall be responsible for payment.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 123 - FACILITIES DESIGN AND CONSTRUCTION › Subchapter C - CONSTRUCTION PROJECT ADMINISTRATION › Section 123.24 - Project Analysis Process

Current through Reg. 49, No. 28; July 12, 2024
(a) The Using
				  Agency shall initiate a Project Analysis by submitting a request to the
				  Commission or a proposed project analysis. Requests shall be made in writing
				  and submitted via e-mail to the Commission's Deputy Executive Director of
				  Facilities Design and Construction. The request shall include:
(1) a general description of the project;
(2) whether the Using Agency is
				  requesting that a portion of the cost be used for a fine arts component of the
				  project;
(3) key point of contact
				  for Using Agency and/or description of the agency's representative body
				  assigned to collaborate with the Commission on the development of the Project
				  Analysis;
(4) a written
				  justification for the project;
(5)
				  if applicable, a justification statement addressing the reason that lease space
				  in the new or renovated facility to private tenants is not feasible; and
(6) any known cost limitations for
				  the project.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 123 - FACILITIES DESIGN AND CONSTRUCTION › Subchapter C - CONSTRUCTION PROJECT ADMINISTRATION › Section 123.25 - Construction Project Process

Current through Reg. 49, No. 28; July 12, 2024
(a) Initiation
				  of a Construction Project.
(1) The Using
				  Agency is responsible for initiating a construction project. The Using Agency
				  may commence the process by submitting a request to initiate work on the
				  Project on its letterhead or any other method that the Commission deems
				  acceptable. The Using Agency shall include their statutory authority in their
				  request; and
(2) Projects should be
				  initiated not later than January 1 of even-numbered years. This is required for
				  a contract award to be made within the fiscal year for which appropriated
				  Project funds are available.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 5 - TEXAS FACILITIES COMMISSION › Chapter 123 - FACILITIES DESIGN AND CONSTRUCTION › Subchapter C - CONSTRUCTION PROJECT ADMINISTRATION › Section 123.26 - Exclusions from Commission Authority

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Pursuant to the Texas Government Code, §§
										RSA
				  2166.003(a)(6) and (7),
				  2166.004 and 2166.063, certain types of repair and rehabilitation projects are
				  not subject to Commission construction administration, or are otherwise
				  excluded from Commission's jurisdiction.
(b) Applications for a determination that a
				  project is excluded shall be provided to the Commission in writing on or before
				  June 1 of each fiscal year. The Commission shall advise Using Agencies of this
				  deadline, because an approval after the June 1 deadline may result in a lapse
				  in unencumbered funds for that fiscal year. Each application must provide the
				  proposed changes, budget information, and method of construction intended by
				  the Using Agency. Applications for exclusions shall be submitted to the
				  Commission for final decision.
(c)
				  Responses to applications shall be reasonably and promptly returned to the
				  requesting agency.