Law:Title 10. General Government. Subtitle D. State Purchasing And General Services from Chapter 2165. State Buildings, Grounds, And Property (Texas)

From Law Delta

Jump to: navigation, search

Subtitle D. State Purchasing And General Services

Contents

Chapter 2165. State Buildings, Grounds, And Property

Subchapter A. Charge And Control Of State Buildings And Property

Section  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.



Section 2165.0011.  Definition.

In this chapter, "commission" means the Texas Facilities Commission.

Added by Acts 2007, 80th Leg., R.S., Ch. 937, Sec. 1.30, eff. September 1, 2007.



Section 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, Sec. 1.30, eff. September 1, 2007.



Section  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.



Section  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.



Section  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.



Section  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 Youth Commission, 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.



Section  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.



Section  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 Youth Commission;

(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; or

(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.

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, Sec. 3, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch. 1317, Sec. 28(h), eff. September 1, 2009.



Section 2165.008.  Temporary Use Of State Building Or Grounds By Television Or Film Production Company.

(a) In this section:

(1)  "Office" means the Music, Film, Television, and Multimedia Office.

(2)  "Production company" means a film production company, television production company, or film and television production company.

(b)  A state agency or other state governmental entity shall allow a production company to use any state building or grounds under the agency's or other entity's charge and control to produce a film, national broadcast, episodic television series, or commercial that is approved by the office and the agency or other entity under Subsection (c).

(c)  The office shall review each proposal by a production company to use a state building or grounds.  The office may approve a proposal, subject to the final approval of the state agency or other state governmental entity that occupies the building or uses the grounds, if:

(1)  the office and the state agency or other state governmental entity that occupies the building or uses the grounds determine, after the office consults with each agency or entity, that the use will not significantly interfere with the conduct of state business;

(2)  the production company provides a certificate of insurance covering the production:

(A)  in an amount required by the office; and

(B)  that names the state as an insured; and

(3)  the proposal is to produce:

(A)  a film, national broadcast, or episodic television series with a total production cost of $250,000 or more; or

(B)  a commercial with a total production cost of $100,000 or more.

(d)  The office shall supervise each use of a state building or grounds by a production company subject to the control and final authority of the state agency or other state governmental entity that occupies the building or uses the grounds.

(e)  The office shall determine the fee to be charged for each day that a state building or grounds are used by a production company.  The office may allow each state building or grounds to be used without charge, other than the reimbursement of expenses under Subsection (f), for seven days during each state fiscal year and may determine the allocation of those days.  Fees collected under this subsection shall be deposited to the credit of the general revenue fund.

(f)  The production company shall reimburse:

(1)  a state agency or other state governmental entity for any cost incurred by the agency or other entity as a result of the use of a state building or grounds by the company; and

(2)  the state agency or other state governmental entity having charge and control of a state building or grounds for the cost of repairing damage to the building or grounds resulting from use by the company.

(g)  A state agency or other state governmental entity shall notify the production company in writing of any cost subject to reimbursement under Subsection (f).  The production company shall reimburse the cost not later than the 21st day after the date on which it receives notice from the agency or other entity.

Added by Acts 2007, 80th Leg., R.S., Ch. 57, Sec. 1, eff. September 1, 2007.



Section 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, Sec. 6, eff. September 1, 2007.

Renumbered from Government Code, Section 2165.008 by Acts 2009, 81st Leg., R.S., Ch. 87, Sec. 27.001(46), eff. September 1, 2009.



Subchapter B. Powers And Duties Of Commission

Section  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.



Section  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.



Section  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.



Section  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.



Section  2165.055.  Report About Improvements And Repairs.

The commission biennially on December 1st shall report to the governor:

(1)  all improvements and repairs that have been made, with an itemized account of receipts and expenditures; and

(2)  the condition of all property under its control, with an estimate of needed improvements and repairs.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  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.



Section  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.



Section 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, Sec. 7, eff. September 1, 2007.



Subchapter C. Allocation Of Space

Section  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.



Section  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.



Section  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.



Section  2165.104.  Space Use Study; Limitation On Allocation Of Space.

(a) The commission periodically shall study the space requirements of state agencies that occupy space under the commission's charge and control, including state-owned space and space leased from other sources.

(b)  The commission shall use the results of the study to:

(1)  determine the optimal amount of space required for various state agency uses; and

(2)  allocate space to state agencies in the best and most efficient manner possible.

(c)  The commission shall adopt rules consistent with private sector standards and industry best practices to govern the allocation of space.  The commission shall exempt from the space allocation rules adopted under this subsection:

(1)  an agency site at which there are so few employees that it is not practical to apply the rules adopted under this subsection to that site; and

(2)  an agency site at which it is not practical to apply the rules adopted under this subsection because of the site's type of space or use of space.

(d)  The commission shall conduct a study under this section at least once each state fiscal biennium.

(e)  This section does not apply to space that is not occupied by a state agency as defined by Section 2151.002.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 1.28, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 309, Sec. 5.01, eff. June 18, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 155, Sec. 1, eff. September 1, 2005.



Section  2165.105.  State Agency Request For Space; Commission Determinations.

(a) The head of a state agency or that person's designee shall send to the commission a written request for space the agency needs to perform its functions. A state agency may consider the need of its employees for child care services in its request for space.

(b)  After consulting the state agency regarding the amount and type of space requested, the commission shall determine:

(1)  whether a need for the space exists; and

(2)  specifications for needed space.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.106.  Sharing Space.

The commission may:

(1)  consolidate requests for space of two or more state agencies with similar needs; and

(2)  obtain and allocate space so that it is shared by the agencies.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.1061.  Space Allocation Plans; Transition Plans.

(a) In this section:

(1)  "Administrative office space" includes state-owned administrative office space and administrative office space leased by the state from other sources, but does not include space used by a health and human services agency as defined by Section 2167.004 for the delivery of direct client services or space located in a county with a population of 75,000 or less.

(2)  "State agency" means a department, commission, board, office, or other agency in the executive branch of state government created by the state constitution or a state statute, but does not include a university system or an institution of higher education as defined by Section 61.003, Education Code.

(b)  The commission shall study the space requirements of state agencies that occupy administrative office space. Each state agency shall conduct an on-site space analysis and develop a space allocation plan using rules developed by the commission. The space allocation plan shall identify usable and exempt space and shall specify whether each facility occupied by the state agency meets the requirements of Section 2165.104(c). Each state agency shall submit a copy of its space allocation plan to the commission not later than September 30 of each odd-numbered year.

(c)  Based on a review of space allocation plans, the commission shall:

(1)  identify areas of the state in which more than one state agency occupies administrative office space and that have the greatest potential for cost savings; and

(2)  evaluate the feasibility of colocating administrative office space within the same local labor market as defined by Section 2308.002.

(d)  The commission, in cooperation with affected state agencies, shall develop transition plans to implement the colocation of administrative office space. Each plan must include a detailed statement of the costs and benefits of the proposed colocation.

(e)  The commission shall use the transition plans to colocate certain administrative office space of state agencies.

(f)  The commission shall conduct a study of the commission's efforts to colocate administrative office space at least once each fiscal biennium and shall report the findings to the Governor's Office of Budget and Planning, the Legislative Budget Board, and the comptroller not later than July 1 of each even-numbered year.

(g)  The commission shall study the potential for colocating the administrative office space of a state agency with the office space of a federal agency.

(h)  In addition to the requirements of Subsection (f), not later than July 1 of each even-numbered year, the commission shall complete a study on the amount of each state agency's administrative office space in Travis County to identify locations that exceed the space limitations prescribed by Section 2165.104(c) and report the findings to the Governor's Office of Budget and Planning, the Legislative Budget Board, and the comptroller. The report shall include:

(1)  the location of office space that exceeds the space limitations prescribed by Section 2165.104(c);

(2)  the amount of excess space;

(3)  the cost of the excess space;

(4)  the expiration dates of any leases covering the excess space;

(5)  the amount of exempt and nonexempt space under Section 2165.104(c); and

(6)  recommendations for the most cost-effective method by which a state agency could comply with the requirements of Section 2165.104(c), including recommendations that identify the amount and cost of office space that could be reduced or eliminated, state the moving costs and expenses associated with reductions in space, and state the earliest date by which the space reductions could be feasibly achieved.

(i)  Expired.

Added by Acts 1997, 75th Leg., ch. 1398, Sec. 1, eff. Sept. 1, 1997.



Section  2165.107.  Preferences In Assigning Space.

(a) In filling a request for space, the commission shall give preference to available state-owned space.

(b)  In assigning office space in a state building financed from bond proceeds, the commission shall give first priority to a state agency that is not funded from general revenue.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.108.  Rules.

The commission shall adopt rules necessary to administer its functions under this subchapter.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Subchapter D. Lease Of Public Grounds

Section  2165.151.  Authority To Lease Public Grounds.

All public grounds belonging to the state under the commission's charge and control may be leased for agricultural or commercial purposes.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.152.  Lease Of Building Space Not Affected.

This subchapter does not apply to space in a building that the commission may lease to a private tenant under Subchapter E.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.153.  Advertisement Of Lease Proposals.

The commission shall advertise a lease proposal under this subchapter once a week for four consecutive weeks in at least two newspapers, one of which is published in the municipality in which the property is located or in the daily paper nearest to the property, and the other of which has statewide circulation.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.155.  Approval By Attorney General.

Each lease under this subchapter is subject to the approval of the attorney general regarding both substance and form.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.156.  Deposit Of Lease Proceeds.

Money received from a lease under this subchapter, minus the amount spent for advertising and leasing expenses, shall be deposited:

(1)  in the state treasury to the credit of the general revenue fund; or

(2)  if the land leased belongs to an eleemosynary institution for which there is an appropriate special fund, to the credit of the institution in the appropriate special fund.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.157.  Forms, Rules, And Contracts.

The commission shall adopt proper forms, rules, and contracts that will in its best judgment protect the interest of the state.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.158.  Rejection Of Bids.

The commission may reject any and all bids under this subchapter.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Subchapter E. Lease Of Space In State-owned Buildings To Private Tenants

Section  2165.201.

  PURPOSE OF

Subchapter

. The purpose of this subchapter is to:

(1)  encourage the most efficient use of valuable space in state office buildings and parking garages;

(2)  serve the needs of employees and visitors in the buildings;

(3)  provide child care services for state employees; and

(4)  enhance the social, cultural, and economic environment in and near the buildings.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.202.  Applicability.

This subchapter applies only to the lease of space in a state-owned building to a private tenant.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.203.  Lease; Fair Market Value.

In a state-owned building that is under the commission's control and that is used primarily for office space or vehicle parking for state government, the commission may lease at fair market value space to private tenants for commercial, cultural, educational, or recreational activities.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.2035.  Lease Of Space In State-owned Parking Lots And Garages.

(a) In this section, "lease" includes a management agreement.

(b)  The commission shall develop private, commercial uses for state-owned parking lots and garages located in the city of Austin at locations the commission determines are appropriate for commercial uses outside of regular business hours.

(c)  The commission may contract with a private vendor to manage the commercial use of state-owned parking lots and garages.

(d)  Money received from a lease under this program shall be deposited to the credit of the general revenue fund.

(e)  On or before December 1 of each even-numbered year, the commission shall submit a report to the legislature and the Legislative Budget Board describing the effectiveness of the program under this section.

(f)  The limitation on the amount of space allocated to private tenants prescribed by Section 2165.205(b) does not apply to the lease of a state-owned parking lot or garage under this section.

(g)  Any lease of a state-owned parking lot or garage under this section must contain a provision that allows state employees who work hours other than regular working hours under Section 658.005 to retain their parking privileges in a state-owned parking lot or garage.  Such a lease must also provide that any state employee showing a State of Texas employee identification card is permitted to park in any state-owned parking lot or garage free of charge after normal business hours and on weekends.  The foregoing provision does not apply to a lease to an institution of higher education under which all spaces in a parking lot or garage are leased for a time certain if parking in an alternate state-owned parking lot or garage is available to state employees.

(h)  Nonprofit, charitable, and other community organizations may apply to use state parking lots and garages located in the city of Austin in the area bordered by West Fourth Street, Lavaca Street, West Third Street, and Nueces Street free of charge or at a reduced rate. The executive director of the commission shall develop a form to be used to make such applications. The form shall require information related to:

(1)  the dates and times of the free use requested;

(2)  the nature of the applicant's activities associated with the proposed use of state parking lots and garages; and

(3)  any other information determined by the executive director of the commission to be necessary to evaluate an application.

(i)  To be considered timely, an application must be submitted at least one month before the proposed use, unless this provision is waived by the executive director of the commission.

(j)  The executive director of the commission may approve or reject an application made under Subsection (h).

Added by Acts 2003, 78th Leg., ch. 309, Sec. 3.01, eff. June 18, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 1183, Sec. 1, eff. June 18, 2005.



Section  2165.205.  Limitations On Amount, Location, And Use Of Leased Space.

(a) The commission may not lease space to a private tenant for use as private office space unless the private office space is related and incidental to another commercial, cultural, educational, recreational, or child care activity of the tenant in the building.

(b)  Except as provided by this subchapter and Chapter 663, the commission shall determine the amount of space in a building to be allocated to private tenants and the types of activities in which the tenants may engage according to the market for certain activities among employees and visitors in the building and in the vicinity of the building.

(c)  Except as provided by Section 2165.215, the amount of space allocated to private tenants may not exceed 15 percent of the total space in the building. Space leased to provide child care services for state employees does not count toward the 15 percent maximum.

(d)  If the commission allocates space in a building to a private tenant, it shall encourage the tenant to lease space with street frontage or space in another area of heavy pedestrian activity.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.206.  Lease Of Space For Child Care Facility.

(a) Providing a site for a child care facility in a state-owned building has first priority over all other uses of a building, except for the purposes essential to the official functions of the agencies housed in the building.

(b)  If the commission allocates space for the purpose of providing child care services for state employees, the commission shall designate the use of the space most appropriate for child care.

(c)  Notwithstanding any other provision of this subtitle, the commission shall lease at a rate set by the commission suitable space in state-owned buildings to child care providers selected as provided by Chapter 663.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 8, eff. Sept. 1, 2001.



Section  2165.207.  Method Of Selecting Tenant.

(a) The commission may lease space in a building by negotiating a lease with a tenant or by selecting the tenant through competitive bidding. In either event, the commission shall follow procedures that promote competition and protect the state's interests.

(b)  If the space is leased for the purpose of providing child care services for state employees, the commission may select the child care provider through procedures other than competitive bidding.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 9, eff. Sept. 1, 2001.



Section  2165.208.  Utilities And Custodial Services.

(a) The commission may furnish utilities and custodial services to a private tenant at cost.

(b)  The commission shall furnish utilities and custodial services to a child care provider selected by the commission under Chapter 663 at cost.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 10, eff. Sept. 1, 2001.



Section  2165.209.  Subleases And Assignments.

The commission may permit a private tenant to sublease or assign space that the tenant leases. The commission must approve in writing all subleases and assignments of leases.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 11, eff. Sept. 1, 2001.



Section  2165.210.  Refusal To Lease Space Or Permit An Activity.

The commission may refuse to lease space to a person or to permit an activity in a space if the commission considers the refusal to be in the state's best interests.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 761, Sec. 11, eff. Sept. 1, 2001.



Section  2165.211.  Use Of Lease Proceeds.

Money received from a lease under this subchapter may be used only for building and property services performed by the commission.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.212.  Vending Facilities; Texas Commission For The Blind.

(a) The commission shall request the Texas Commission for the Blind to determine under Section 94.003, Human Resources Code, whether it is feasible to install a vending facility in a building in which the commission intends to lease space to a private tenant, other than a child care provider. If the installation of the facility is feasible, the commission shall permit the installation in accordance with Chapter 94, Human Resources Code.

(b)  If a vending facility is installed, the commission may not lease space in the building to a tenant that the commission, after consultation with the Texas Commission for the Blind, determines would be in direct competition with the vending facility.

(c)  If the Texas Commission for the Blind determines that the installation of a vending facility is not feasible, the commission shall lease space to at least one private tenant whose activity in the building will be managed by a blind person or by a person with a disability who is not blind.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.213.  Ad Valorem Taxation.

(a) Space leased to a private tenant is subject to ad valorem taxation in accordance with Section 11.11(d), Tax Code.

(b)  The space is not subject to taxation if:

(1)  the private tenant would be entitled to an exemption from taxation of the space if the tenant owned the space instead of leasing it; or

(2)  the tenant uses the space for a child care facility.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.214.  Preference In Leasing To Certain Existing Vending Facilities.

Notwithstanding the other provisions of this subchapter or Chapters 2155, 2156, 2157, and 2158, the commission shall give a preference, when leasing space in a state-owned building for the operation of a vending facility as defined by Chapter 94, Human Resources Code, to an existing lessee, licensee, or contractor who operates a vending facility on the property if:

(1)  the existing lessee, licensee, or contractor has operated a vending facility on the property for not less than 10 years;

(2)  Chapter 94, Human Resources Code, does not apply to the property;

(3)  the commission finds there is a history of quality and reliable service; and

(4)  the proposal of the existing lessee, licensee, or contractor for the right to continue operation of the facility is consistent with the historical quality of service and the historical retail pricing structure at the facility.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.215.  Purchase Of Building Subject To Existing Leases. (a)

If the commission determines under Section 2166.452 or 2166.453 that the purchase of an existing building is more advantageous to the state than constructing a new building or continuing to lease space for a state agency, but a purchase of the building would be subject to existing leases to private tenants that exceed 15 percent of the building's total space, the commission may purchase the building subject to existing leases notwithstanding Section 2165.205.

(b)  On expiration of a private tenant's existing lease, the commission may renew the lease subject to this subchapter, including Section 2165.205.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Subchapter F. Particular Buildings And Property

Section  2165.251.  Buildings Allocated To Legislative Use.

(a) The space in the old State Board of Insurance State Office Building, located on San Jacinto Street between 11th and 12th streets in Austin, the Sam Houston Building, and the John H. Reagan Building are allocated to the legislature and legislative agencies for their use.

(b)  On written notice signed by both presiding officers of the legislature and delivered to the commission, the following buildings are allocated to the legislature and legislative agencies to the extent described in the notice: Lorenzo de Zavala State Library and Archives Building, Stephen F. Austin Building, Lyndon B. Johnson Building, and William B. Travis Building. On receipt of notice under this subsection, the commission shall begin immediately to undertake the relocation of agencies occupying space in buildings allocated to legislative use. The space must be made available for legislative use on a date determined by the presiding officers of the legislature.

(c)  The presiding officers of each house of the legislature shall jointly allocate space within each building.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.04(a), eff. Sept. 1, 1997.



Section  2165.252.  Texas Judicial Complex.

(a) "Texas Judicial Complex" is the collective name of the Supreme Court Building, the Tom C. Clark State Courts Building, and the Price Daniel, Sr., Building.

(b)  The commission may allocate space in buildings in the Texas Judicial Complex only to:

(1)  a court;

(2)  a judicial agency;

(3)  the attorney general's office;

(4)  the Texas Department of Criminal Justice;

(5)  the Texas Youth Commission;

(6)  the Criminal Justice Policy Council;

(7)  the State Commission on Judicial Conduct;

(8)  the State Office of Administrative Hearings;

(9)  the Board of Law Examiners;

(10)  the Council on Sex Offender Treatment;

(11)  building security;

(12)  building maintenance; or

(13)  a vending facility operated under Chapter 94, Human Resources Code.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.253.  Use Of Room In State Capitol Building.

A person may not use a room, apartment, or office in the State Capitol as a bedroom or for a private purpose. This section does not apply to the offices and living quarters occupied by the lieutenant governor or the speaker of the house of representatives.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.254.  State Capitol Building: Safe Place For Runaway Youth Designation.

The State Capitol is designated a safe place for runaway youth. The commission shall devise a plan to provide services and assistance to runaway youth seeking services at the State Capitol following standards set by national organizations with expertise in services for runaway youth, including the Project Safe Place Program. In this section:

(1)  "Youth" means a person younger than 18 years of age.

(2)  "Safe place" means a place that provides short-term crisis-oriented assistance and services to runaway youth.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.255.  Consent Of Legislature Required For Construction On State Capitol Grounds; Penalty.

(a) A person, including a state officer or employee, commits an offense if, without the prior express consent of the legislature, the person:

(1)  builds, erects, or maintains a building, memorial, monument, statue, concession, or other structure on the State Capitol grounds; or

(2)  creates a parking area, or lays additional paving on the State Capitol grounds.

(b)  It is not an offense under Subsection (a) to build or maintain paved access and underground utility installations in the area described by Subsection (a).

(c)  An offense under Subsection (a) is a misdemeanor punishable by:

(1)  a fine of not less than $100 or more than $1,000;

(2)  confinement in the county jail of Travis County for not more than one year; or

(3)  both the fine and confinement.

(d)  A state officer who is subject to removal from office by impeachment is subject to removal by that method for a violation of Subsection (a). Any other state officer or employee who violates Subsection (a) shall be dismissed immediately from state employment.

(e)  In this section, "State Capitol grounds" means the area that surrounded the State Capitol on January 1, 1955, that was bounded by 11th, Brazos, 13th, and Colorado streets, regardless of whether the area was inside or outside the fence that enclosed part of those grounds.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.256.  State Cemetery And Other Burial Grounds.

(a) The State Cemetery Committee shall oversee all operations of the State Cemetery. The committee shall develop a budget for the operations of the commission relating to the State Cemetery and determine the salary of employees of the commission whose duties primarily relate to the operation of the State Cemetery.

(b)  In addition to the property described as Lot No. 5, Division B, City of Austin, Travis County, Texas, the following property is dedicated for cemetery purposes as part of the State Cemetery: BEING 44.07 ACRES OF LAND OUT OF THE GEORGE W. SPEAR LEAGUE IN THE CITY OF AUSTIN, TRAVIS COUNTY, TEXAS, AND BEING OUT OF AND A PORTION OF THAT CERTAIN TRACT OF LAND DESCRIBED BY DEED TO THE STATE OF TEXAS AS RECORDED IN VOLUME 776, PAGE 225, OF THE DEED RECORDS OF TRAVIS COUNTY, TEXAS. SAID 44.07 ACRES OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING at a set brass cap in concrete for the northwest corner of said State of Texas tract, same being the west corner of Lot 34 of Shoal Village, Section Two, a subdivision in the City of Austin, Texas, as recorded in Book 5, Page 150, of the Plat Records of Travis County, Texas, and being on the east right-of-way line of Bull Creek Road (an existing 60' R/W) and being the northwest corner of this tract;

(1)  THENCE S 62° 05' 02" E, along the north line of said State of Texas tract of land, same being the south line of said subdivision, a distance of 919.08 feet to a set brass cap in concrete for an angle point in the north line of said State of Texas, tract of land same being an angle point in the south line of Lot 45 of Shoal Village, Section Three, a subdivision of record in the City of Austin, Texas, as recorded in Book 6, Page 71, of the Plat Records of Travis County, Texas;

(2)  THENCE along the north line of said State of Texas, tract of land, same being the south line of the following subdivisions in the City of Austin, Texas, said Shoal Village, Section Three, Shoal Village, Sec. 5, as recorded in Plat Book 6, Page 72, of the Plat Records of Travis County, Texas, Shoal Village, Sec. 6, as recorded in Plat Book 7, Page 7, of the Plat Records of Travis County, Texas, Shoal Village, Section Seven, as recorded in Plat Book 14, Page 80, of the Plat Records of Travis County, Texas, Oak Haven, Section Three, as recorded in Book 11, Page 40, of the Plat Records of Travis County, Texas, the following two (2) courses and distances:

1. S 63° 02' 45" E, a distance of 306.61 feet, a 1/2" iron rod found, and

2. S 63° 11' 57" E, a distance of 327.57 feet to the point of intersection with the centerline of Shoal Creek for the northeast corner of this tract;

(3)  THENCE along the centerline of Shoal Creek with it's meanders, same being the east line of this tract, the following seven (7) courses and distances:

1. S 03° 49' 32" E, a distance of 146.37 feet, a 1/2" I. R. set,

2. S 11° 51' 40" W, a distance of 68.56 feet, a 1/2" I. R. set,

3. S 17° 44' 58" E, a distance of 255.55 feet, a 1/2" I. R. set,

4. S 11° 22' 50" W, a distance of 433.59 feet, a 1/2" I. R. set,

5. S 01° 30' 40" E, a distance of 208.10 feet, a 1/2" I. R. set,

6. S 03° 34' 39" E, a distance of 163.82 feet, a 1/2" I. R. set, and

7. S 12° 53' 44" E, a distance of 44.69 feet, to a P. K. nail set in concrete for the southeast corner of this tract;

(4)  THENCE N 62° 12' 25" W, departing from said Shoal Creek, passing the northeast corner of Lot 24 of Ridgelea, a subdivision in the City of Austin, Texas, as recorded in Book 4, Page 258, of the Plat Records of Travis County, Texas, at 59.90 feet, a total distance of 414.19 feet to a found 1/2" iron rod under concrete for the most northerly corner of Lot 21 of said Ridgelea subdivision, said point also being a re-entrant corner of this tract;

(5)  THENCE S 31° 29' 35" W, along the most southerly east line of said State of Texas tract of land, same being the west line of said Ridgelea subdivision, a distance of 715.50 feet to a 1/2" iron rod set for a southwest corner of this tract, from this point the northwest corner of Lot 11, same being the southwest corner of Lot 12, of said Ridgelea subdivision bears N 31° 29' 35" E, a distance of 10.64 feet;

(6)  THENCE through said State of Texas tract of land the following four (4) courses and distances:

1. N 23° 52' 33" W, passing a brass cap in concrete set at 5.00 feet, a total distance of 654.65 feet to a brass cap in concrete set for a corner,

2. N 06° 26' 42" E, a distance of 308.11 feet, a brass cap in concrete set for a corner,

3. N 14° 01' 31" W, a distance of 894.05 feet, a brass cap in concrete set for a corner, and

4. N 63° 17' 00" W, a distance of 478.50 feet to a brass cap set in concrete at the point of intersection with the east right-of-way line of Bull Creek Road, same being the west line of said State of Texas tract of land, and being the most northerly southwest corner of this tract;

(7)  THENCE N 26° 43' 00" E, along said right-of-way line, a distance of 496.30 feet to the Point of Beginning, and containing 44.07 acres of land, more or less; and

BEING A 2.120 ACRE (92,350 SQUARE FEET) TRACT OF LAND OUT OF THE GEORGE W. SPEAR LEAGUE IN TRAVIS COUNTY, TEXAS. SAID 2.120 ACRE TRACT OF LAND ALSO BEING OUT OF A 31.12 ACRE TRACT HAVING BEEN CONVEYED TO THE STATE OF TEXAS BY INSTRUMENT OF RECORD IN VOLUME 776, PAGE 225, DEED RECORDS OF TRAVIS COUNTY, TEXAS. SAID 2.120 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING, at a brass disk in concrete found on the southeasterly right of way line of Bull Creek Road. Said disk also being at the northernmost corner of said 31.12 acre tract and the westernmost corner of a 44.07 acre tract also out of the tract described in volume 776, page 225 for the northernmost corner of the herein described tract;

Thence, S63° 17' 00"E, 350.00 feet with the northeasterly line of said 31.12 acre tract and a southwesterly line of said 44.07 acre tract to a 1/2" iron rod set for the easternmost corner of the herein described tract;

Thence, S26° 42' 58"W, 205.49 feet with the southeast line of this 2.120 acre tract to a 1/2" iron rod set for the herein described tract, nearby a concrete driveway;

Thence, N82° 57' 38"W, 276.95 feet following a concrete driveway to a 1/2" iron rod set for an angle point of the herein described tract;

Thence, N62° 30' 47"W, 89.24 feet continuing along a concrete driveway to a 1/2" iron rod set on the southeasterly right of way line of Bull Creek Road and the westernmost corner of the herein described tract;

THENCE, N26° 43' 00"E, 297.55 feet with the southeasterly line of Bull Creek Road and the northwesterly line of this 2.120 acre tract to the POINT OF BEGINNING and containing 2.120 acre (92,350 square feet) of land.

(c)  The committee shall procure and erect at the head of each grave that does not have a permanent monument a marble obelisk on which shall be engraved the name of the dead buried in the grave.

(d)  Persons eligible for burial in the State Cemetery are:

(1)  a former member of the legislature or a member who dies in office;

(2)  a former elective state official or an elective state official who dies in office;

(3)  a former state official or a state official who dies in office who has been appointed by the governor and confirmed by the senate and who served at least 12 years in the office to which appointed;

(4)  a person specified by a governor's proclamation, subject to review and approval by the committee under Subsection (e);

(5)  a person specified by a concurrent resolution adopted by the legislature, subject to review and approval by the committee under Subsection (e); and

(6)  a person specified by order of the committee under Subsection (e).

(e)  The committee shall review proclamations under Subsection (d)(4) and resolutions under Subsection (d)(5). A person specified in a proclamation or resolution is eligible for burial in the State Cemetery only if the committee, following its review, finds that the person specified made a significant contribution to Texas history and only if, based on that finding, the committee approves the person's burial in the cemetery. The committee may by order authorize a burial under Subsection (d)(6) only if the committee finds that the person made a significant contribution to Texas history.

(f)  Grave spaces are allotted for:

(1)  a person who is eligible or who clearly will be eligible for burial under Subsection (d);

(2)  the person's spouse;  and

(3)  the person's unmarried child of any age, if the child, on September 1, 1979, or at the time of the child's death, because of a long-standing physical or mental condition that was manifest during the lifetime of one of the child's parents, is dependent on another for care or support.

(g)  A child eligible for burial under Subsection (f)(3) must be buried alongside the child's parent or parents.

(h)  A grave plot may not be longer than eight feet nor wider than three feet times the number of persons of one family authorized to be buried alongside one another.

(i)  The committee shall adopt rules regulating the monuments erected in the State Cemetery.

(j)  A tree, shrub, or flower may not be planted in the State Cemetery without the committee's written permission.

(k)  A person may be buried on state property only in the State Cemetery or in a cemetery maintained by a state eleemosynary institution. Other state property, including the State Capitol grounds, may not be used as a burial site.

(l)  The committee shall allot and locate the necessary number of grave plots authorized on application made by:

(1)  the person primarily eligible for burial under Subsection (d);

(2)  the person's spouse; or

(3)  the executor or administrator of the person's estate.

(m)  The committee shall consider for burial in the State Cemetery persons who have made significant contributions to Texas history and culture in the following fields: air and space, agriculture, art and design, business and labor, city building, education, industry, justice, military affairs, law enforcement, oil and gas, performing arts, philanthropy, ranching, religion, science and medicine, sports, and writing.

(n)  The committee shall consider for reinterment in the State Cemetery persons from the following eras: Spanish exploration and colonization, Mexican, Texas revolution, republic and statehood, Civil War and Reconstruction, frontier, Gilded Age, progressive, Great Depression and World War II, postwar, and modern.

(o)  The committee shall designate different areas of the cemetery for burial of persons from the fields described in Subsection (m).

(p)  The committee shall develop plans for obtaining land adjacent to the State Cemetery for expansion of the cemetery.

(q)  The committee shall actively pursue plot reservations from persons eligible for burial in the State Cemetery.

(r)  The committee shall encourage members of the legislature to advise constituents who are eligible for burial in the State Cemetery.

(s)  The committee may accept a gift, grant, or bequest of money, securities, services, or property to carry out any purpose of the committee, including funds raised or services provided by a volunteer or volunteer group to promote the work of the committee. The committee may participate in the establishment and operation of an affiliated nonprofit organization whose purpose is to raise funds for or provide services or other benefits to the committee, and the committee may contract with such an organization for the performance of such activities.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.05(a), eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 264, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 102, Sec. 1, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 486, Sec. 1, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1422, Sec. 8.01, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 684, Sec. 1, eff. June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 645, Sec. 1, eff. June 17, 2005.



Section  2165.2561.  State Cemetery Committee.

(a) The State Cemetery Committee is composed of:

(1)  three voting members appointed as follows:

(A)  one member of the general public appointed by the governor;

(B)  one member of the general public appointed by the governor from a list submitted by the lieutenant governor; and

(C)  one member of the general public appointed by the governor from a list submitted by the speaker of the house of representatives; and

(2)  three nonvoting advisory members appointed as follows:

(A)  one employee of the Texas Historical Commission appointed by the executive director of the Texas Historical Commission;

(B)  one employee of the Texas Building and Procurement Commission appointed by the executive director of the Texas Building and Procurement Commission; and

(C)  one employee of the Parks and Wildlife Department appointed by the executive director of the Parks and Wildlife Department.

(b)  The governor shall designate the presiding officer of the committee from among its members, and the presiding officer shall serve in that capacity for two years.

(c)  The members of the committee appointed by the governor are appointed for staggered terms of six years with one member's term expiring February 1 of each odd-numbered year. The advisory members of the committee serve at the will of the appointing authority.

(d)  Appointments to the committee shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.

(e)  A vacancy on the committee is filled by the appointing authority in the same manner as the original appointment.

(f)  An employee member vacates the member's position on the committee if the member ceases to be an employee of the appointing agency.

(g)  A person is not eligible for appointment to the committee by the governor if the person or the person's spouse:

(1)  is employed by or participates in the management of a business entity or other organization receiving funds from the committee;

(2)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization receiving funds from the committee; or

(3)  uses or receives a substantial amount of tangible goods, services, or funds from the committee, other than compensation or reimbursement authorized by law for committee membership, attendance, or expenses.

(h)  A person may not serve as a member of the committee if the person is required to be registered as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the State Cemetery.

(i)  A public member of the committee is not entitled to compensation but is entitled to reimbursement, from committee funds, for the travel expenses incurred by the member while conducting the business of the committee, as provided in the General Appropriations Act. The entitlement of an employee member to compensation or reimbursement for travel expenses is governed by the law applying to the person's service in that underlying position, and any payments to the person shall be made from the appropriate funds of the employing agency.

(j)  All plans, programs, and materials relating to historical interpretation of the State Cemetery shall be submitted to the Texas Historical Commission for its review and approval. The Texas Historical Commission may provide staff support for activities interpreting the historical features of the State Cemetery.

(k)  The legislature shall separately appropriate money to the committee within the appropriations to the Texas Building and Procurement Commission for all matters relating to the operation of the State Cemetery. Activities relating to maintenance of the State Cemetery grounds and monuments shall conform to guidelines for historic preservation submitted to the committee by the Texas Historical Commission.

(l)  Funds appropriated to the Texas Building and Procurement Commission may be transferred by interagency contract for the performance of, at the direction of the committee, an act related to the State Cemetery.

(m)  The committee may adopt rules as necessary for the administration of the State Cemetery.

(n)  It is a ground for removal from the committee that a member:

(1)  does not have at the time of taking office the qualifications required by Subsection (a);

(2)  does not maintain during service on the committee the qualifications required by Subsection (a);

(3)  is ineligible for membership under Subsection (g) or (h);

(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term; or

(5)  is absent from more than half of the regularly scheduled committee meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the committee.

(o)  The validity of an action of the committee is not affected by the fact that it is taken when a ground for removal of a committee member exists.

(p)  If the executive director of the commission has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the committee of the potential ground. The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists. If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the committee, who shall then notify the governor and the attorney general that a potential ground for removal exists.

(q)  The executive director of the commission or the executive director's designee shall provide to members of the committee, as often as necessary, information regarding the requirements for office under this chapter, including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state officers.

(r)  A person who is appointed to and qualifies for office as a member of the committee may not vote, deliberate, or be counted as a member in attendance at a meeting of the committee until the person completes a training program that complies with this subsection. The training program must provide the person with information regarding:

(1)  the legislation that created the State Cemetery and the State Cemetery Committee;

(2)  the programs operated by the committee;

(3)  the role and functions of the committee;

(4)  the rules of the committee, with an emphasis on any rules that relate to disciplinary and investigatory authority;

(5)  the current budget for the committee;

(6)  the results of the most recent formal audit of cemetery operations;

(7)  the requirements of:

(A)  the open meetings law, Chapter 551;

(B)  the public information law, Chapter 552;

(C)  the administrative procedure law, Chapter 2001; and

(D)  other laws relating to public officials, including conflict-of-interest laws; and

(8)  any applicable ethics policies adopted by the commission, the committee, or the Texas Ethics Commission.

(s)  A person appointed to the committee is entitled to reimbursement, as provided by Chapter 660 and the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether the attendance at the program occurs before or after the person qualifies for office.

(t)  The committee shall develop and implement policies that clearly separate the policymaking responsibilities of the committee and the management responsibilities of the executive director of the commission and staff of the cemetery.

(u)  The committee shall develop and implement policies that provide the public with a reasonable opportunity to appear before the committee and to speak on any issue under the jurisdiction of the committee.

(v)  The State Cemetery Committee shall erect a flagpole and an appropriate monument in the military monument area of the State Cemetery dedicated to military personnel from the state who are killed while serving in a combat zone.  When the committee is notified by the Texas Veterans Commission that a member of the United States armed forces from the state was killed while serving in a combat zone, the committee shall ensure that the flag at the monument is displayed at half-staff for an appropriate period as a mark of respect to the memory of the deceased member of the armed forces.

Added by Acts 1997, 75th Leg., ch. 264, Sec. 2, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1422, Sec. 8.02, eff. Sept. 1, 2001.

Amended by:

Acts 2009, 81st Leg., R.S., Ch. 1394, Sec. 1, eff. June 19, 2009.



Section  2165.257.  French Embassy.

(a) The property known as the French Embassy is for the use and purposes of the Daughters of the Republic of Texas. They may take full charge of the building and use it as they consider proper.

(b)  The French Embassy is the property of the state, and title to the property remains in the commission's custody.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Section  2165.258.  Office Space For Department Of Public Safety; American Legion Building.

The commission shall provide office space to the Department of Public Safety in the American Legion Building or in another suitable facility acceptable to the department for the Capitol District.

Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.



Subchapter G. Indoor Air Quality

Section  2165.301.  Definitions.

In this subchapter:

(1)  "Air monitoring" and "asbestos abatement" have the meanings assigned by Section 1954.002, Occupations Code.

(2)  "Department" means the Texas Department of Health.

(3)  "Office" means the State Office of Risk Management.

(4)  "State building" means any building owned or occupied by the state, including buildings or offices leased to the state for state purposes.

Added by Acts 2003, 78th Leg., ch. 857, Sec. 1, eff. Sept. 1, 2003.



Section  2165.302.  General Investigation And Testing. (a)

Except as provided by Section 2165.303:

(1)  the commission shall refer matters related to the investigation and testing of indoor air quality in state buildings under the charge and control of the commission to the Texas Department of Health; and

(2)  the department shall conduct any necessary investigation and testing of indoor air quality in state buildings, on request or referral of an entity with charge and control of the state building.

(b)  The department may contract with a private entity to assist with investigation and testing duties under this section.

(c)  The department shall report all findings and test results related to indoor air quality in state buildings that are obtained directly by the department or under a contract with a private entity to the State Office of Risk Management in a form and manner prescribed by the office for that purpose.

(d)  The department may establish a system of charges for indoor air quality investigation and testing in state buildings. A system established by the department shall ensure that the department is reimbursed for the cost of providing the services by the agency or agencies occupying the portions of a building that are investigated or tested.

(e)  The department shall adopt rules and procedures relating to the investigation and testing of indoor air quality in state buildings.

Added by Acts 2003, 78th Leg., ch. 857, Sec. 1, eff. Sept. 1, 2003.



Section  2165.303.  Air Monitoring Related To Asbestos Abatement.

(a) The commission shall contract with a private entity to conduct any air monitoring that is related to asbestos abatement services provided by the commission.

(b)  The commission shall report the findings and test results obtained under a contract for air monitoring under this section to the office and the department in a form and manner prescribed by the office and the department for that purpose.

(c)  The commission may establish a system of charges for air monitoring that is related to asbestos abatement services provided by the commission. A system established by the commission shall ensure that the commission is reimbursed by agencies for which air monitoring is provided under this section for the cost of the air monitoring.

Added by Acts 2003, 78th Leg., ch. 857, Sec. 1, eff. Sept. 1, 2003.



Section  2165.304.  Technical Assistance.

(a) The department shall contract with an entity that specializes in research and technical assistance related to indoor air quality, but does not receive appropriations from the state, to:

(1)  identify potential threats to the indoor air quality of state buildings; and

(2)  produce for the department:

(A)  a report of findings; and

(B)  a recommended plan of action for addressing indoor air quality issues in state buildings.

(b)  The department shall provide a report of findings or recommended plan of action produced under this section to the Legislative Budget Board, the Governor's Office of Budget and Planning, and the State Office of Risk Management.

Added by Acts 2003, 78th Leg., ch. 857, Sec. 1, eff. Sept. 1, 2003.



Section  2165.305.  Educational Seminar On Indoor Air Quality.

(a) The office shall conduct an annual, one-day educational seminar on indoor air quality.

(b)  The office shall provide updated information at the seminar on maintaining safe indoor air in state buildings.

(c)  In developing a seminar required by this section, the office shall receive assistance from:

(1)  the commission;

(2)  the department; and

(3)  an entity that specializes in research and technical assistance related to indoor air quality but does not receive appropriations from the state.

(d)  State agency risk managers, representatives of entities with charge and control of state buildings, facility managers, and owners and managers of buildings or offices leased to the state must attend a seminar under this section annually except as provided by Subsection (f).

(e)  The office shall publish on its Internet website the information provided at the most recent seminar required by this section.

(f)  If a person required to attend an educational seminar on indoor air quality cannot do so, that person must send a letter to the office certifying that the person has reviewed the information made available by the office on the Internet from that seminar.

Added by Acts 2003, 78th Leg., ch. 857, Sec. 1, eff. Sept. 1, 2003.


Personal tools
Laws
Variants
Actions
Navigation
Toolbox