State Building Study Keeps Its Own Data From The Public

The text as introduced · 1,689 words

89R8916 LRM-D

By: Hancock
S.B. No. 1340

A BILL TO BE ENTITLED

AN ACT

relating to studies on the allocation and use of buildings and

facilities owned, leased, or otherwise occupied by this state.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 2165, Government Code, is amended by

adding Subchapter C-1 to read as follows:

SUBCHAPTER C-1. STUDY OF STATE AGENCY SPACE

Sec. 2165.121. DEFINITION. In this subchapter, "state

agency" includes a legislative agency.

Sec. 2165.122. STUDY. (a) The Legislative Budget Board

every six years shall conduct a study on the allocation and use of

buildings and facilities owned, leased, or otherwise occupied by

this state or state agencies and submit a report to the legislature

on the study not later than September 1 of the study year. The study

must examine:

(1) the total amount of money this state is spending on

leased space for state agencies;

(2) the opportunities for moving agency personnel out

of leased space into existing state-owned space;

(3) any efficiencies or cost savings achieved by

consolidating agency personnel and resources into existing

state-owned space;

(4) any efficiencies or cost savings achieved by

consolidating agency personnel and resources into existing leased

space, if state-owned space is not available;

(5) the impact of any consolidation described by

Subdivisions (3) and (4) on this state's insurable assets; and

(6) the potential benefits of maintaining a

comprehensive, regularly updated database of all buildings and

facilities owned, leased, or otherwise occupied by state agencies.

(b) The Legislative Budget Board shall complete the initial

study and report required by this section not later than September

1, 2026. This subsection expires September 1, 2039.

Sec. 2165.123. STATE AGENCY IDENTIFICATION OF

CONSOLIDATION OPPORTUNITIES. Each state agency every six years

using information included in a report submitted under Section

2165.122 shall identify opportunities for consolidating agency

personnel and resources into space owned by this state, or if

state-owned space is not available, into space leased by this

state.

SECTION 2. (a) In this section, "institution of higher

education" has the meaning assigned by Section 61.003, Education

Code.

(b) The Legislative Budget Board shall conduct an interim

study on the buildings and facilities owned, leased, or otherwise

occupied by this state and develop a statewide strategy to ensure

the buildings and facilities are adequately utilized. The

Legislative Budget Board may delegate to any person authority

granted to the board under this section as the board determines

necessary to conduct the interim study under this section.

(c) The Legislative Budget Board shall collect the

information required by this section from each state agency and

institution of higher education that has charge and control of a

building or facility and require each agency and institution to

submit the information to the board by a date the board prescribes.

The board shall coordinate with the following entities to collect

the information:

(1) the comptroller of public accounts;

(2) the state auditor's office;

(3) the State Office of Risk Management;

(4) the General Land Office;

(5) the Texas Facilities Commission;

(6) the Texas Higher Education Coordinating Board; and

(7) any other state agency the board determines

necessary.

(d) For each building or facility owned, leased, or

otherwise occupied, solely or in part, by a state agency other than

an institution of higher education, the Legislative Budget Board or

a state agency the board designates shall obtain the following

information:

(1) the name of the state agency that has charge and

control of the building or facility;

(2) whether the building or facility is owned or

leased, solely or in part, by the state agency, or if not owned or

leased, the arrangement under which the building or facility is

otherwise occupied;

(3) the name or number of the building or facility;

(4) the address and geographic coordinates of the

building or facility;

(5) the number of stories and the total square footage

of the building or facility;

(6) the amount of available square footage in the

building or facility for agency personnel, the storage of

resources, or any other useable purpose identified by the agency;

(7) the amount of square footage used in the building

or facility for a purpose described by Subdivision (6) of this

subsection, expressed as a percent of the total square footage;

(8) if the building or facility changed occupants on

or after December 31, 2021:

(A) with respect to a new occupant:

(i) the location formerly occupied;

(ii) the amount of square footage used at

the formerly occupied location; and

(iii) the amount of square footage used at

the building or facility; and

(B) with respect to a former occupant:

(i) the location to which the former

occupant moved;

(ii) the amount of square footage formerly

used at the building or facility; and

(iii) the amount of square footage used at

the newly occupied location;

(9) a description of the continuity of government

operation plans to conduct business in alternate sites in the event

of a disaster or other emergency; and

(10) the average monthly utility expenses for the

building or facility during the preceding 12 months.

(e) The Legislative Budget Board or a state agency the board

designates shall collect the real property data of an institution

of higher education from the Texas Higher Education Coordinating

Board, as the data is reported to that board, including, for each

building or facility owned, leased, or otherwise occupied by the

institution:

(1) the name of the institution that has charge and

control of the building or facility, including the number assigned

to the institution by the Federal Interagency Committee on

Education;

(2) whether the building or facility is owned or

leased, solely or in part, by the institution, or if not owned or

leased, the arrangement under which the building or facility is

otherwise occupied;

(3) the name or number of the building or facility;

(4) the address and geographic coordinates of the

building or facility;

(5) the number of stories and the total square footage

of the building or facility;

(6) the amount of available square footage in the

building or facility for working personnel, the storage of

resources, or any other useable purpose identified by the

institution;

(7) the amount of square footage used in the building

or facility for a purpose described by Subdivision (6) of this

subsection, expressed as a percent of the total square footage;

(8) if the building or facility changed occupants on

or after December 31, 2021:

(A) with respect to a new occupant:

(i) the location formerly occupied;

(ii) the amount of square footage used at

the formerly occupied location; and

(iii) the amount of square footage used at

the building or facility; and

(B) with respect to a former occupant:

(i) the location to which the former

occupant moved;

(ii) the amount of square footage formerly

used at the building or facility; and

(iii) the amount of square footage used at

the newly occupied location;

(9) a description of the continuity of government

operation plans to conduct business in alternate sites in the event

of a disaster or other emergency; and

(10) the average monthly utility expenses for the

building or facility during the preceding 12 months.

(f) On request by the Legislative Budget Board, the Texas

Facilities Commission shall provide clarifying information under

Subsections (d) and (e) of this section, including information on

buildings that house multiple state agencies and other related

matters. The Texas Facilities Commission shall provide the

information to the Legislative Budget Board by the date the board

prescribes.

(g) On request by the Texas Facilities Commission or the

State Office of Risk Management, a state agency shall provide the

agency's telework policies to the entity requesting the

information. The Texas Facilities Commission and the State Office

of Risk Management shall coordinate to reduce duplication of

efforts.

(h) Not later than June 1, 2026, the Legislative Budget

Board or a state agency the board designates shall consolidate the

information collected under Subsections (d), (e), and (f) of this

section and enter the information into a single database accessible

by a member of the legislature or the member's designee or the

executive head of a state agency or institution of higher education

or the executive head's designee.

(i) The Legislative Budget Board shall conduct the study

required by Subsection (b) of this section and report the board's

findings and recommendations to the legislature not later than

September 1, 2026. The report must include a statewide strategy to

ensure all property owned, leased, or otherwise occupied by the

state is adequately utilized.

(j) The Legislative Budget Board, State Office of Risk

Management, and Texas Facilities Commission shall produce maps

identifying the locations of the buildings and facilities owned,

leased, or otherwise occupied by state agencies and institutions of

higher education across this state.

(k) The information collected and produced under this

section is excepted from disclosure under Sections 552.021 and

552.156, Government Code, and Sections 412.0128 and 412.054, Labor

Code.

(l) The Legislative Budget Board may consolidate the study

and report required by this section with any report required of the

board by law regarding the allocation and use of space by state

agencies.

(m) Based on the report required by this section, each

state agency shall identify opportunities for the consolidation of

personnel and resources into space owned by this state, or if

state-owned space is not available, into space leased by this

state.

(n) This section expires September 1, 2027.

SECTION 3. Based on information collected and published by

the Legislative Budget Board as described by this Act or any

findings or recommendations by an entity conducting a study under

this Act, each state agency shall identify opportunities for the

consolidation of personnel and resources into space owned by this

state, or if state-owned space is not available, into space leased

by this state.

SECTION 4. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.