83(R) SB 211 - Enrolled version

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	S.B. No. 211




	AN ACT
	relating to the continuation and functions of the Texas Facilities
	Commission and to property development plans in connection with
	governmental entities; authorizing fees.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 30.022, Education Code, is amended by
	amending Subsection (h) and adding Subsection (h-1) to read as
	follows:
	(h) Except as provided by Subsection (h-1), the [~~The~~] board
	has [~~exclusive~~] jurisdiction over the physical assets of the school
	and shall administer and spend appropriations made for the benefit
	of the school.
	(h-1) The Texas Facilities Commission shall provide
	facilities maintenance services for the physical facilities of the
	school, including facilities construction, cabling, facility
	reconfiguration, and any other services as provided by a memorandum
	of understanding between the board and the Texas Facilities
	Commission.
	SECTION 2. Section 30.052, Education Code, is amended by
	amending Subsection (h) and adding Subsection (h-1) to read as
	follows:
	(h) Except as provided by Subsection (h-1), the [~~The~~] board
	has [~~exclusive~~] jurisdiction over the physical assets of the school
	and shall administer and spend appropriations to carry out the
	purposes of the school as provided by Section 30.051.
	(h-1) The Texas Facilities Commission shall provide
	facilities maintenance services for the physical facilities of the
	school, including facilities construction, cabling, facility
	reconfiguration, and any other services as provided by a memorandum
	of understanding between the board and the Texas Facilities
	Commission.
	SECTION 3. Section 443.007, Government Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1) If the board updates or modifies its long-range master
	plan for the preservation, maintenance, restoration, and
	modification of the Capitol and the Capitol grounds, the board must
	conform its plan to the Capitol Complex master plan prepared by the
	Texas Facilities Commission under Section 2166.105.
	SECTION 4. Section 552.153, Government Code, is amended by
	amending Subsection (b) and adding Subsection (d) to read as
	follows:
	(b) Information in the custody of a responsible
	governmental entity that relates to a proposal for a qualifying
	project authorized under Chapter 2267 is excepted from the
	requirements of Section 552.021 if:
	(1) the information consists of memoranda, staff
	evaluations, or other records prepared by the responsible
	governmental entity, its staff, outside advisors, or consultants
	exclusively for the evaluation and negotiation of proposals filed
	under Chapter 2267 for which:
	(A) disclosure to the public before or after the
	execution of an interim or comprehensive agreement would adversely
	affect the financial interest or bargaining position of the
	responsible governmental entity; and
	(B) the basis for the determination under
	Paragraph (A) is documented in writing by the responsible
	governmental entity; or
	(2) the records are provided by a proposer
	[~~contracting person~~] to a responsible governmental entity or
	affected jurisdiction under Chapter 2267 and contain:
	(A) trade secrets of the proposer [~~contracting~~
	~~person~~];
	(B) financial records of the proposer
	[~~contracting person~~], including balance sheets and financial
	statements, that are not generally available to the public through
	regulatory disclosure or other means; or
	(C) work product related to a competitive bid or
	proposal [~~other information~~] submitted by the proposer
	[~~contracting person~~] that, if made public before the execution of
	an interim or comprehensive agreement, would provide a competing
	proposer an unjust advantage or adversely affect the financial
	interest or bargaining position of the responsible governmental
	entity or the proposer [~~person~~].
	(d) In this section, "proposer" has the meaning assigned by
	Section 2267.001.
	SECTION 5. Section 2152.002, Government Code, is amended to
	read as follows:
	Sec. 2152.002. SUNSET PROVISION. The Texas Facilities
	[~~Building and Procurement~~] Commission is subject to Chapter 325
	(Texas Sunset Act). Unless continued in existence as provided by
	that chapter, the commission is abolished and this subtitle, except
	for Chapter 2170 and Section 2157.121, expires September 1, 2021
	[~~2013~~].
	SECTION 6. Subchapter B, Chapter 2152, Government Code, is
	amended by adding Section 2152.066 to read as follows:
	Sec. 2152.066. NEGOTIATED RULEMAKING AND ALTERNATIVE
	DISPUTE RESOLUTION POLICY. (a) The commission shall develop and
	implement a policy to encourage the use of:
	(1) negotiated rulemaking procedures under Chapter
	2008 for the adoption of commission rules; and
	(2) appropriate alternative dispute resolution
	procedures under Chapter 2009 to assist in the resolution of
	internal and external disputes under the commission's
	jurisdiction.
	(b) The commission's procedures relating to alternative
	dispute resolution must conform, to the extent possible, to any
	model guidelines issued by the State Office of Administrative
	Hearings for the use of alternative dispute resolution by state
	agencies.
	(c) The commission shall:
	(1) coordinate the implementation of the policy
	adopted under Subsection (a);
	(2) provide training as needed to implement the
	procedures for negotiated rulemaking or alternative dispute
	resolution; and
	(3) collect data concerning the effectiveness of those
	procedures.
	SECTION 7. Section 2152.104, Government Code, is amended by
	adding Subsection (e) to read as follows:
	(e) The commission shall provide professional service staff
	and the expertise of financial, technical, and other necessary
	advisors and consultants, authorized under Section 2267.053(d), to
	support the Partnership Advisory Commission in its review and
	evaluation of qualifying project proposals.
	SECTION 8. Subsection (b), Section 2165.007, Government
	Code, is amended to read as follows:
	(b) Notwithstanding any other law, the commission shall
	provide facilities management services in relation to all state
	agency facilities in Travis County or a county adjacent to Travis
	County. The commission's duty does not apply to:
	(1) a facility owned or operated by an institution of
	higher education;
	(2) military facilities;
	(3) facilities owned or operated by the Texas
	Department of Criminal Justice;
	(4) facilities owned or operated by the Texas Juvenile
	Justice Department [~~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;
	(12) facilities owned or operated by the Texas School
	for the Blind and Visually Impaired; or
	(13) facilities owned or operated by the Texas School
	for the Deaf.
	SECTION 9. Section 2165.055, Government Code, is amended to
	read as follows:
	Sec. 2165.055. REPORT ABOUT IMPROVEMENTS AND REPAIRS. The
	commission [~~biennially~~] on July 1 of each even-numbered year
	[~~December 1st~~] shall electronically submit a report to the
	governor, lieutenant governor, speaker of the house of
	representatives, comptroller, and Legislative Budget Board on:
	(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.
	SECTION 10. Section 2165.2035, Government Code, is amended
	by adding Subsection (d-1) and amending Subsection (e) to read as
	follows:
	(d-1) From the money received under Subsection (d), an
	amount equal to the costs associated with the lease of state parking
	lots and garages, including costs of trash collection and disposal,
	grounds and other property maintenance, and the remedying of any
	damage to state property, may be appropriated only to the
	commission to pay those costs.
	(e) On or before December 1 of each even-numbered year, the
	commission shall electronically submit a report to the legislature
	and the Legislative Budget Board describing the effectiveness of
	the program under this section.
	SECTION 11. Section 2165.2046, Government Code, is amended
	to read as follows:
	Sec. 2165.2046. REPORTS ON PARKING PROGRAMS. On or before
	December [~~October~~] 1 of each even-numbered year, the commission
	shall electronically submit a report to the legislature and
	Legislative Budget Board describing the effectiveness of parking
	programs developed by the commission under this subchapter. The
	report must, at a minimum, include:
	(1) the yearly revenue generated by the programs;
	(2) the yearly administrative and enforcement costs of
	each program;
	(3) yearly usage statistics for each program; and
	(4) initiatives and suggestions by the commission to:
	(A) modify administration of the programs; and
	(B) increase revenue generated by the programs.
	SECTION 12. Subchapter F, Chapter 2165, Government Code, is
	amended by adding Section 2165.259 to read as follows:
	Sec. 2165.259. CAPITOL COMPLEX. (a) In this section,
	"Capitol Complex" has the meaning assigned by Section 443.0071.
	(b) Notwithstanding Subchapter D and subject to Subsection
	(d), the commission may not lease, sell, or otherwise dispose of
	real property or an interest in real property located in the Capitol
	Complex.
	(c) This section does not affect the commission's authority
	under Subchapter E to lease space in state office buildings and
	parking garages.
	(d) The commission may develop or operate a qualifying
	project, as that term is defined by Section 2267.001, in the Capitol
	Complex if:
	(1) the legislature by general law specifically
	authorizes the project; and
	(2) before the commission enters into a comprehensive
	agreement for the project, the legislature individually approves
	the project under Section 2268.058.
	SECTION 13. Chapter 2165, Government Code, is amended by
	adding Subchapter H to read as follows:
	SUBCHAPTER H. PUBLIC AND PRIVATE FACILITIES AND INFRASTRUCTURE:
	QUALIFYING PROJECTS
	Sec. 2165.351. DEFINITIONS. In this subchapter:
	(1) "Partnership Advisory Commission" means the
	Partnership Advisory Commission created by Chapter 2268.
	(2) "Qualifying project" has the meaning assigned by
	Section 2267.001, as added by Chapter 1334 (S.B. 1048), Acts of the
	82nd Legislature, Regular Session, 2011.
	Sec. 2165.352. COMMISSION REVIEW GUIDELINES AND POLICIES.
	(a) In adopting the qualifying project review guidelines required
	by Section 2267.052, as added by Chapter 1334 (S.B. 1048), Acts of
	the 82nd Legislature, Regular Session, 2011, the commission must
	include review criteria and documentation to guide the initial
	review of each substantially complete qualifying project proposal
	received by the commission.
	(b) The review criteria required under Subsection (a) at a
	minimum must include:
	(1) the extent to which the qualifying project meets a
	public need;
	(2) the extent to which the project meets the
	objectives and priorities of the commission and aligns with any
	applicable commission plans and design guidelines or zoning
	requirements, including the Capitol Complex master plan developed
	under Section 2166.105;
	(3) the technical and legal feasibility of the
	project;
	(4) the adequacy of the qualifications, experience,
	and financial capacity of a private entity or other person
	submitting the proposal;
	(5) any potentially unacceptable risks to this state;
	and
	(6) whether an alternative delivery method is feasible
	and more effectively meets this state's goals.
	(c) The commission's qualifying project review guidelines
	must:
	(1) specify the types of professional expertise,
	including financial, real estate, design, legal, and other related
	expertise, needed to effectively protect this state's interest when
	considering and implementing a qualifying project;
	(2) specify the range of professional expertise needed
	at each stage of the project, including proposal evaluation,
	financial analysis, risk allocation analysis, design review,
	contract negotiation, and contract and performance monitoring, to
	evaluate the qualifying project proposal; and
	(3) require the oversight committee established by the
	commission for each qualifying project to report to the commission
	the results of the committee's evaluation of the project, including
	the schedules, procedures, proposal evaluation criteria, and
	documentation required in the guidelines for the evaluation.
	(d) On completion of the negotiation phase for the
	development of a comprehensive agreement and before a comprehensive
	agreement is entered into, the commission shall:
	(1) for each qualifying project proposal, post on the
	commission's Internet website the oversight committee's review
	report and other evaluation documents; and
	(2) before posting the report and documents required
	under Subdivision (1), redact all information included in the
	report and documents that is considered confidential under Section
	2267.066(c).
	(e) The expertise described by Subsection (c) may be
	provided by commission staff or outside experts.
	Sec. 2165.353. QUALIFYING PROJECT FEES. (a) The
	commission may charge a reasonable fee to cover the costs of
	reviewing a qualifying project. The commission shall develop and
	adopt a qualifying project proposal fee schedule sufficient to
	cover its costs, including at a minimum the costs of processing,
	reviewing, and evaluating the proposals.
	(b) The commission shall use the professional expertise
	information required under Section 2165.352(c) to determine the
	amount of the fee charged by the commission to review a qualifying
	project proposal. The amount must be reasonable in comparison to
	the level of professional expertise required for the project and
	may include the cost of staff time required to process the proposal
	and other direct costs.
	(c) The commission may use the money from the fees collected
	under this section to hire or contract with persons who have the
	professional expertise necessary to effectively evaluate a
	qualifying project proposal.
	Sec. 2165.354. INITIAL REVIEW OF QUALIFYING PROJECT
	PROPOSAL. (a) The commission staff shall conduct an initial
	review of each qualifying project proposal submitted to the
	commission and provide to commission members a summary of the
	review, including an analysis and recommendations.
	(b) Subject to Subsection (c), the commission shall use a
	value for money analysis in evaluating each qualifying project
	proposal to:
	(1) conduct a thorough risk analysis of the proposal
	that identifies specific risks shared between this state and the
	private partner and subjects the risks to negotiation in the
	contract;
	(2) determine if the proposal is in the best long-term
	financial interest of this state; and
	(3) determine if the project will provide a tangible
	public benefit to this state.
	(c) If commission staff determine that a value for money
	analysis is not appropriate for evaluating a specific qualifying
	project proposal, the staff shall submit to the commission a
	written report stating the reasons for using an alternative
	analysis methodology.
	(d) The commission shall coordinate with the commission's
	office of internal audit for review and receipt of comments on the
	reasonableness of the assumptions used in the value for money
	analysis or alternative analysis methodology used to evaluate a
	qualifying project proposal under this section.
	Sec. 2165.355. INITIAL PUBLIC HEARING ON QUALIFYING PROJECT
	PROPOSAL. (a) Before submitting a detailed qualifying project
	proposal to the Partnership Advisory Commission as required under
	Section 2268.058, the commission must hold an initial public
	hearing on the proposal.
	(b) The commission must post a copy of the detailed
	qualifying project proposal on the commission's Internet website
	before the required public hearing and, before posting the
	proposal, redact all information included in the proposal that is
	considered confidential under Section 2267.066(c).
	(c) After the hearing, the commission shall:
	(1) modify the proposal as the commission determines
	appropriate based on the public comments; and
	(2) include the public comments in the documents
	submitted to the Partnership Advisory Commission and provide any
	additional information necessary for the evaluation required under
	Chapter 2268.
	Sec. 2165.356. SUBMISSION OF QUALIFYING PROJECT CONTRACT TO
	CONTRACT ADVISORY TEAM. (a) Not later than the 60th day before the
	date the commission is scheduled to vote on approval of a qualifying
	project contract, the commission must submit to the Contract
	Advisory Team established under Subchapter C, Chapter 2262,
	documentation of the modifications to a proposed qualifying project
	made during the commission's evaluation and negotiation process for
	the project, including a copy of:
	(1) the final draft of the contract;
	(2) the detailed qualifying project proposal; and
	(3) any executed interim or other agreement.
	(b) The Contract Advisory Team shall review the
	documentation submitted under Subsection (a) and provide written
	comments and recommendations to the commission. The review must
	focus on, but not be limited to, best practices for contract
	management and administration.
	(c) Commission staff shall provide to the commission
	members:
	(1) a copy of the Contract Advisory Team's written
	comments and recommendations; and
	(2) the staff's response to the comments and
	recommendations.
	Sec. 2165.3561. MUNICIPAL PROJECT. Not later than the 30th
	day before the date the commission is scheduled to meet and vote on
	a project to develop or improve state property in a municipality,
	the commission staff must:
	(1) place the project on the commission's meeting
	agenda to provide the public with notice of the meeting and an
	opportunity to comment; and
	(2) present sufficient information to commission
	members to enable the members to adequately prepare for the meeting
	and to address the members' questions and concerns.
	Sec. 2165.357. PROHIBITED EMPLOYMENT OF COMMISSION
	EMPLOYEE. (a) A commission employee may not be employed or hired
	by another person to perform duties that relate to the employee's
	specific duties in developing and implementing a qualifying
	project, including review, evaluation, development, and
	negotiation of a qualifying project proposal.
	(b) The commission shall obtain from each commission
	employee sufficient information for the commission to determine
	whether:
	(1) the employee is employed by another person; and
	(2) a potential conflict of interest exists between
	the employee's commission duties and the employee's duties with the
	other employer.
	(c) Each commission employee whose commission duties relate
	to a qualifying project, including long-range planning, real estate
	management, space management, and leasing services, shall attest
	that the employee is aware of and agrees to the commission's ethics
	and conflict-of-interest policies.
	(d) To the extent the employment is authorized by commission
	policy, this section does not prohibit additional employment for a
	commission employee whose commission duties are not related to a
	qualifying project.
	SECTION 14. The heading to Chapter 2166, Government Code,
	is amended to read as follows:
	CHAPTER 2166. BUILDING CONSTRUCTION AND ACQUISITION AND
	DISPOSITION OF REAL PROPERTY
	SECTION 15. Section 2166.001, Government Code, is amended
	by amending Subdivisions (1) and (1-a) and adding Subdivision (1-b)
	to read as follows:
	(1) "Capitol Complex" has the meaning prescribed by
	Section 411.061(a)(1).
	(1-a) "Commission" means the Texas Facilities
	Commission.
	(1-b) [~~(1-a)~~] "Construction" includes acquisition and
	reconstruction.
	SECTION 16. Section 2166.002, Government Code, is amended
	to read as follows:
	Sec. 2166.002. APPLICABILITY OF CHAPTER. This chapter
	applies only to a building construction project of the state, the
	acquisition of real property for state purposes, and the
	disposition of real property owned by the state.
	SECTION 17. Subsection (d), Section 2166.101, Government
	Code, is amended to read as follows:
	(d) The commission shall summarize its findings on the
	status of state-owned buildings and current information on
	construction costs in an electronically submitted [a] report [it
	~~shall make available~~] to the governor, lieutenant governor, speaker
	of the house of representatives, comptroller, and Legislative
	Budget Board not later than July 1 of each even-numbered year [~~the~~
	~~legislature, and the state's budget offices~~].
	SECTION 18. Subsection (b), Section 2166.102, Government
	Code, is amended to read as follows:
	(b) The commission shall maintain a six-year capital
	planning cycle and shall electronically submit [~~file~~] a master
	facilities plan with the governor, lieutenant governor, speaker of
	the house of representatives, [~~Governor's Office of Budget and~~
	~~Planning, the~~] Legislative Budget Board, and [~~the~~] comptroller
	before July 1 of each even-numbered year.
	SECTION 19. Subsection (b), Section 2166.103, Government
	Code, is amended to read as follows:
	(b) Not later than July 1 of each even-numbered year [~~Before~~
	~~each legislative session~~], the commission shall electronically
	submit [~~send~~] to the governor, the lieutenant governor, the speaker
	of the house of representatives, the comptroller, and the
	Legislative Budget Board a report identifying counties in which
	more than 50,000 square feet of usable office space is needed and
	the commission's recommendations for meeting that need. The
	commission may recommend leasing or purchasing and renovating one
	or more existing buildings or constructing one or more buildings.
	SECTION 20. Subchapter C, Chapter 2166, Government Code, is
	amended by adding Sections 2166.105, 2166.106, 2166.1065,
	2166.107, and 2166.108 to read as follows:
	Sec. 2166.105. CAPITOL COMPLEX MASTER PLAN. (a) The
	commission shall prepare a Capitol Complex master plan that at a
	minimum includes:
	(1) an overview and summary of the previous plans for
	the Capitol Complex;
	(2) a stated strategic vision and long-term goals for
	the Capitol Complex;
	(3) an analysis of state property, including
	buildings, in the Capitol Complex and of the extent to which this
	state satisfies its space needs through use of the property;
	(4) detailed, site-specific proposals for state
	property in the Capitol Complex, including proposals on the use of
	property and space for public sector purposes;
	(5) an analysis of and recommendations for building
	design guidelines to ensure appropriate quality in new or remodeled
	buildings in the Capitol Complex;
	(6) an analysis of and recommendations for Capitol
	Complex infrastructure needs, including transportation, utilities,
	and parking;
	(7) for projects identified in the plan, an analysis
	of and recommendations for financing options;
	(8) time frames for implementing the plan components
	and any projects identified in the plan;
	(9) consideration of alternative options for meeting
	state space needs outside the Capitol Complex; and
	(10) other information relevant to the Capitol Complex
	as the commission determines appropriate.
	(b) The commission shall ensure that the General Land
	Office, the State Preservation Board, the Texas Historical
	Commission, and other relevant interested parties are included in
	each stage of the development of the Capitol Complex master plan.
	(c) The commission shall submit to the governor, lieutenant
	governor, speaker of the house of representatives, comptroller, and
	Legislative Budget Board:
	(1) not later than April 1, 2016, the initial Capitol
	Complex master plan; and
	(2) not later than July 1 of each even-numbered year
	thereafter, updates to the plan.
	(d) The commission shall ensure that the Capitol Complex
	master plan and the master facilities plan developed under Section
	2166.102 do not conflict and together comprehensively address the
	space needs of state agencies.
	Sec. 2166.106. REVIEW OF PROPOSED CAPITOL COMPLEX MASTER
	PLAN BY PARTNERSHIP ADVISORY COMMISSION. (a) Before a proposed
	Capitol Complex master plan or proposed update to the plan is
	submitted and considered approved under Section 2166.1065 and
	before the commission adopts the plan or update, the commission
	must submit the plan or update to the Partnership Advisory
	Commission established under Chapter 2268 for review and comment.
	(b) Not later than the 60th day after the date the
	Partnership Advisory Commission receives the plan or update, the
	advisory commission shall in a public hearing by majority vote of
	the members present:
	(1) vote to approve the plan or update; or
	(2) submit to the commission written comments and
	recommended modifications to the plan or update.
	Sec. 2166.1065. REVIEW OF CAPITOL COMPLEX MASTER PLAN BY
	STATE PRESERVATION BOARD AND GENERAL LAND OFFICE. (a) Not later
	than the 90th day before the date the commission holds a public
	meeting to discuss a proposed Capitol Complex master plan, the
	commission must submit the proposed plan to the State Preservation
	Board for review and comment. Not later than the 60th day before
	the date the commission holds a public meeting to discuss a proposed
	Capitol Complex master plan, the commission must submit the
	proposed plan to the General Land Office for review and comment.
	(b) Not later than the 60th day before the date the
	commission holds a public meeting to discuss a proposed update to
	the Capitol Complex master plan, the commission must submit the
	proposed update to the State Preservation Board and the General
	Land Office for review and comment.
	(c) Not later than the 90th day after the date the State
	Preservation Board receives from the commission a proposed Capitol
	Complex master plan and not later than the 60th day after the date
	the board receives from the commission a proposed update to the
	plan, the board may:
	(1) by a public vote disapprove the plan or update if
	the board determines that the goals or recommendations in the plan
	or update are not in the best interest of the state or of the Capitol
	Complex; and
	(2) submit to the commission written comments and
	recommended modifications to the plan or update.
	(d) The proposed Capitol Complex master plan or the proposed
	update to the plan is considered to be approved by the State
	Preservation Board if the board does not hold the public vote
	authorized by Subsection (c) on or before the date required under
	that subsection.
	(e) The review of the Capitol Complex master plan under this
	section is in addition to the review required for a proposed project
	under Section 443.0071.
	Sec. 2166.107. COMPREHENSIVE PLANNING AND DEVELOPMENT
	PROCESS. (a) The commission by rule shall adopt a comprehensive
	process for planning and developing state property in the
	commission's inventory and for assisting state agencies in space
	development planning for state property under Sections 2165.105 and
	2165.1061.
	(b) The process under this section at a minimum must
	include:
	(1) a clear approach and specific time frames for
	obtaining input throughout the planning and development process
	from the public, interested parties, and state agencies, including
	the General Land Office;
	(2) specific schedules for providing to the commission
	regular updates on planning and development efforts;
	(3) a public involvement policy to ensure that before
	the commission makes a decision on the use or development of state
	property the public and interested parties have the opportunity to
	review and comment on the commission's plans; and
	(4) confidentiality policies consistent with Chapter
	552.
	Sec. 2166.108. COMPREHENSIVE CAPITAL IMPROVEMENT AND
	DEFERRED MAINTENANCE PLAN. (a) The commission shall develop a
	comprehensive capital improvement and deferred maintenance plan
	that clearly defines the capital improvement needs and critical and
	noncritical maintenance needs of state buildings.
	(b) The comprehensive capital improvement and deferred
	maintenance plan must:
	(1) with respect to deferred maintenance projects:
	(A) list, with regular updates, deferred
	maintenance projects that contain critical high-priority projects
	and lower-priority, non-health and safety projects;
	(B) state the commission's plan for addressing
	the projects;
	(C) account for the completion of high-priority
	projects;
	(D) estimate when the lower-priority projects
	may become higher-priority projects; and
	(E) be modified as necessary to include
	additional maintenance projects;
	(2) contain a list of all predictable capital
	improvement projects, including a time frame and a cost estimate
	for each project; and
	(3) contain a plan, updated biennially, for responding
	to emergency repairs and replacements that, in consultation with
	the Legislative Budget Board, identifies potential sources of
	funds, which may include bonds and bond interest, that may be used
	to pay the costs of emergency repair and replacement projects.
	(c) The comprehensive capital improvement and deferred
	maintenance plan must include for each segment of the plan
	described by Subsection (b) a prioritized list by state agency
	facility of each project that includes an estimate of the project's
	cost and the aggregate costs for all facility projects.
	(d) The commission shall include the comprehensive capital
	improvement and deferred maintenance plan and regular updates to
	the plan in its long-range plan under Section 2166.102. The
	information included in the long-range plan must include the
	aggregate project costs for each state agency but may exclude the
	cost of each specific facility project.
	SECTION 21. Section 2175.184, Government Code, is amended
	to read as follows:
	Sec. 2175.184. DIRECT TRANSFER. (a) During the 10
	business days after the date the property is posted on the
	comptroller's website, a state agency, political subdivision, or
	assistance organization shall coordinate with the commission for a
	transfer of the property at a price established by the
	commission. A transfer to a state agency has priority over any
	other transfer during this period.
	(b) A political subdivision or assistance organization may
	not lease, lend, bail, deconstruct, encumber, sell, trade, or
	otherwise dispose of property acquired under this section or
	acquired from a state agency under Section 2175.241 before the
	second anniversary of the date the property was acquired. A
	political subdivision or an assistance organization that violates
	this subsection shall remit to the commission the amount the
	political subdivision or assistance organization received from the
	lease, loan, bailment, deconstruction, encumbrance, sale, trade,
	or other disposition of the property unless the commission
	authorizes the action taken by the political subdivision or
	assistance organization with respect to the property.
	SECTION 22. Section 2175.905, Government Code, is amended
	by adding Subsection (d) to read as follows:
	(d) An assistance organization may not lease, lend, bail,
	deconstruct, encumber, sell, trade, or otherwise dispose of data
	processing equipment acquired under this section. The assistance
	organization may dispose of the equipment only by transferring the
	equipment to the school district that specified the assistance
	organization for transfer under this section.
	SECTION 23. Section 2267.001, Government Code, as added by
	Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
	Session, 2011, is amended by adding Subdivisions (1-a), (5-a),
	(9-a), (9-b), (9-c), (10-a), and (14-a) and amending Subdivisions
	(10) and (12) to read as follows:
	(1-a) "Commission" means the Partnership Advisory
	Commission established under Chapter 2268.
	(5-a) "Improvement" means:
	(A) a building, structure, fixture, or fence
	erected on or affixed to land;
	(B) the installation of water, sewer, or drainage
	lines on, above, or under land;
	(C) the paving of undeveloped land; and
	(D) specialized software that in any manner is
	related to the control, management, maintenance, or operation of an
	improvement.
	(9-a) "Private entity" means any individual person,
	corporation, general partnership, limited liability company,
	limited partnership, joint venture, business trust, public benefit
	corporation, nonprofit entity, or other business entity.
	(9-b) "Property" means any matter or thing capable of
	public or private ownership.
	(9-c) "Proposer" means a private entity that submits a
	proposal to a responsible governmental entity or affected
	jurisdiction.
	(10) "Qualifying project" means:
	(A) any ferry, mass transit facility, vehicle
	parking facility, port facility, power generation facility, fuel
	supply facility, oil or gas pipeline, water supply facility, public
	work, waste treatment facility, hospital, school, medical or
	nursing care facility, recreational facility, public building, or
	other similar facility currently available or to be made available
	to a governmental entity for public use, including any structure,
	parking area, appurtenance, and other property required to operate
	the structure or facility and any technology infrastructure
	installed in the structure or facility that is essential to the
	project's purpose; or
	(B) any improvements necessary or desirable to
	[~~unimproved~~] real property [~~estate~~] owned by a governmental entity.
	(10-a) "Real property" means:
	(A) improved or unimproved land;
	(B) an improvement;
	(C) a mine or quarry;
	(D) a mineral in place;
	(E) standing timber; or
	(F) an estate or interest, other than a mortgage
	or deed of trust creating a lien on property or an interest securing
	payment or performance of an obligation, in a property described by
	Paragraphs (A) through (E).
	(12) "Revenue" means all revenue, income, earnings,
	user fees, lease payments, or other service payments that arise out
	of or in connection with [~~support~~] the development or operation of a
	qualifying project, including money received as a grant or
	otherwise from the federal government, a governmental entity, or
	any agency or instrumentality of the federal government or
	governmental entity in aid of the project.
	(14-a) "State entity" means a governmental entity
	described by Subdivision (5)(A).
	SECTION 24. Section 2267.003, Government Code, as added by
	Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
	Session, 2011, is amended to read as follows:
	Sec. 2267.003. APPLICABILITY. This chapter does not apply
	to:
	(1) the financing, design, construction, maintenance,
	or operation of a highway in the state highway system;
	(2) a transportation authority created under Chapter
	451, 452, 453, or 460, Transportation Code; [or]
	(3) any telecommunications, cable television, video
	service, or broadband infrastructure other than technology
	installed as part of a qualifying project that is essential to the
	project; or
	(4) except as provided by Section 2165.259, a
	qualifying project located in the Capitol Complex, as defined by
	Section 443.0071.
	SECTION 25. Subchapter A, Chapter 2267, Government Code, as
	added by Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature,
	Regular Session, 2011, is amended by adding Sections 2267.005,
	2267.0051, 2267.0052, 2267.006, 2267.0061, 2267.0062, 2267.0063,
	2267.0064, 2267.0065, 2267.0066, and 2267.0067 to read as follows:
	Sec. 2267.005. CONFLICT OF INTEREST. An employee of a
	responsible governmental entity or a person related to the employee
	within the second degree by consanguinity or affinity, as
	determined under Chapter 573, may not accept money, a financial
	benefit, or other consideration from a contracting person that has
	entered into a comprehensive agreement with the responsible
	governmental entity.
	Sec. 2267.0051. PROHIBITED EMPLOYMENT WITH FORMER OR
	RETIRED GOVERNMENTAL ENTITY EMPLOYEES. (a) A contracting person
	may not employ or enter into a professional services contract or a
	consulting services contract under Chapter 2254 with a former or
	retired employee of the responsible governmental entity with which
	the person has entered into a comprehensive agreement before the
	first anniversary of the date on which the former or retired
	employee terminates employment with the entity.
	(b) This section does not prohibit the contracting person
	from entering into a professional services contract with a
	corporation, firm, or other business organization that employs a
	former or retired employee of the responsible governmental entity
	before the first anniversary of the date the former or retired
	employee terminates employment with the entity if the former or
	retired employee does not perform services for the corporation,
	firm, or other business organization under the comprehensive
	agreement with the responsible governmental entity that the former
	or retired employee worked on before terminating employment with
	the entity.
	Sec. 2267.0052. PROHIBITED EMPLOYMENT OF RESPONSIBLE
	GOVERNMENTAL ENTITY EMPLOYEES. (a) An employee of a responsible
	governmental entity may not be employed or hired by another person
	to perform duties that relate to the employee's specific duties in
	developing and implementing a qualifying project, including
	review, evaluation, development, and negotiation of a qualifying
	project proposal.
	(b) The responsible governmental entity shall obtain from
	each employee sufficient information to determine whether:
	(1) the employee is employed by another person; and
	(2) a potential conflict of interest exists between
	the employee's duties for the entity and the employee's duties with
	the other employer.
	(c) Each employee of a responsible governmental entity
	whose duties relate to a qualifying project shall attest that the
	employee is aware of and agrees to the responsible governmental
	entity's ethics and conflict-of-interest policies.
	(d) To the extent the other employment is authorized by the
	responsible governmental entity's policy, this section does not
	prohibit additional employment for an employee of a responsible
	governmental entity whose duties are not related to a qualifying
	project.
	Sec. 2267.006. DEVELOPMENT PLAN. (a) If the state intends
	to develop or operate a qualifying project under this chapter, the
	state entity proposing to develop or operate the project may adopt a
	development plan on the real property associated with the project.
	(b) The purpose of a development plan is to conserve and
	enhance the value of real property belonging to the state, taking
	into consideration the preservation of the health, safety, and
	general welfare of the communities in which the real property is
	situated.
	(c) The plan must address local land use planning
	ordinances, which may include the following:
	(1) allocation and location of specific uses of the
	real property, including residential, commercial, industrial,
	recreational, or other appropriate uses;
	(2) densities and intensities of designated land uses;
	(3) the timing and rate of development;
	(4) timely delivery of adequate facilities and
	services, including water, wastewater collection and treatment
	systems, parks and public recreational facilities, drainage
	facilities, school sites, and roads and transportation facilities;
	or
	(5) needed zoning and other land use regulations.
	(d) The plan must comply with existing rules, regulations,
	orders, or ordinances for real property development to the extent
	the rules, regulations, orders, or ordinances are not detrimental
	to the interests of the state as determined by the special board of
	review.
	Sec. 2267.0061. PUBLIC HEARING BEFORE PREPARATION OF
	DEVELOPMENT PLAN. (a) If the state entity is requested to prepare
	a development plan under Section 2267.006, the state entity shall
	notify the local government to which the plan will be submitted
	under Section 2267.0062 of the state entity's intent to prepare a
	development plan. The state entity shall provide the local
	government with information relating to:
	(1) the location of the real property to be offered for
	sale or lease;
	(2) the highest and best use of the real property; and
	(3) the process for preparing the development plan
	under Section 2267.006 and the process provided under Sections
	2267.0065 and 2267.0066 for the special board of review.
	(b) Not later than the 30th day after the date the local
	government receives the notice provided under Subsection (a), the
	local government may request the state entity to hold a public
	hearing to solicit public comment. If requested by the local
	government, the state entity shall hold a public hearing. The local
	government shall provide notice of the hearing to real property
	owners in at least the same manner that notice is provided for
	adopting zoning regulations or subdivision requirements in the
	local government's jurisdiction. The state entity shall set the
	agenda for the hearing, which must be completed not later than the
	120th day after the date notice is provided under Subsection (a).
	(c) If the local government does not request a public
	hearing under Subsection (b), the state entity may hold a hearing to
	solicit public comment. The state entity shall provide notice of
	the hearing in the same manner that a local government is required
	to provide notice under Subsection (b). The state entity shall set
	the agenda for the hearing and must complete the hearing not later
	than the 120th day after the date the notice is provided under
	Subsection (a).
	(d) A public hearing under this section may include:
	(1) a presentation by the state entity relating to the
	state entity's classification of the real property as unused or
	substantially underused and the state entity's recommendation of
	the highest and best use to which the real property may legally be
	placed;
	(2) a presentation by the local government relating to
	relevant local plans, development principles, and ordinances that
	may affect the development of the real property; and
	(3) oral comments and presentations of information by
	and written comments received from other persons relating to the
	development of the real property.
	(e) The state entity shall prepare a summary of the
	information and testimony presented at a hearing conducted under
	this section and may develop recommendations based on the
	information and testimony. The state entity shall prepare a report
	summarizing the information and testimony presented at the hearing
	and the views presented by the state, the affected local
	governments, and other persons who participated in the hearing
	process. The governing body of the state entity shall review the
	state entity's report and may instruct the state entity to
	incorporate information based on the report in preparing the
	development plan under Section 2267.006.
	(f) The state entity may adopt rules to implement this
	section. The state entity shall administer the process provided by
	this section.
	Sec. 2267.0062. SUBMISSION OF PLAN TO AFFECTED LOCAL
	GOVERNMENT. (a) The development plan adopted under Section
	2267.006 shall be submitted to any local government having
	jurisdiction over the real property in question for consideration.
	(b) The local government shall evaluate the plan and either
	accept or reject the plan not later than the 120th day after the
	date the state entity submits the plan.
	(c) The plan may be rejected by the local government only on
	grounds that it does not comply with local ordinances and land use
	regulations, including zoning and subdivision ordinances.
	(d) If the plan is rejected, the local government shall
	specifically identify any ordinance with which the plan conflicts
	and propose specific modifications to the plan that will bring it
	into compliance with the local ordinance.
	(e) If the plan is rejected by the affected local
	government, the state entity may modify the plan to conform to the
	ordinances specifically identified by the local government and
	resubmit the plan for approval, or the state entity may apply for
	necessary rezoning or variances from the local ordinances.
	(f) Failure by the local government to act within the
	120-day period prescribed by Subsection (b) is considered an
	acceptance by the local government of the plan.
	Sec. 2267.0063. REZONING. (a) If the plan would require
	zoning inconsistent with any existing zoning or other land use
	regulation, the state entity or its designated representative may
	at any time submit a request for rezoning to the local government
	with jurisdiction over the real property in question.
	(b) The rezoning or variance request shall be submitted in
	the same manner as any such request is submitted to the affected
	local government provided the local government takes final action
	on the request not later than the 120th day after the date the
	request for rezoning or variance is submitted.
	(c) Failure by the local government to act within the
	120-day period prescribed by Subsection (b) is considered an
	approval of the rezoning request by the local government.
	Sec. 2267.0064. FEES AND ASSESSMENTS. (a) The local
	government may not impose application, filing, or other fees or
	assessments on the state for consideration of the plan or the
	application for rezoning or variance submitted by the state.
	(b) The local government may not require the submission of
	architectural, engineering, or impact studies to be completed at
	state expense before considering the plan or application for
	rezoning or variance.
	Sec. 2267.0065. SPECIAL BOARD OF REVIEW. (a) If the local
	government denies the rezoning request submitted under this
	chapter, the matter may be appealed to a special board of review
	consisting of the following members:
	(1) the land commissioner;
	(2) the mayor of the municipality within whose
	corporate boundaries or extraterritorial jurisdiction the real
	property is located;
	(3) the county judge of the county in which the
	qualifying project is located;
	(4) the executive director of the state entity that
	proposes to develop or operate the qualifying project; and
	(5) a member appointed by the governor.
	(b) The land commissioner shall serve as the presiding
	officer of the special board of review.
	Sec. 2267.0066. HEARING. (a) The special board of review
	shall conduct one or more public hearings to consider the proposed
	development plan.
	(b) Hearings shall be conducted in accordance with rules
	adopted by the General Land Office for conducting a special review.
	(c) If real property is located in more than one
	municipality, the hearings on any single tract of real property may
	be combined.
	(d) Any political subdivision in which the tract in question
	is located and the appropriate central appraisal district shall
	receive written notice of board hearings at least 14 days before the
	date of the hearing.
	(e) At least one hearing shall be conducted in the county
	where the real property is located.
	(f) If after the hearings the special board of review
	determines that local zoning requirements are detrimental to the
	best interest of the state, the board shall issue an order
	establishing a development plan to govern the use of the real
	property as provided in this section.
	(g) Development of the real property shall be in accordance
	with the plan and must comply with all local rules, regulations,
	orders, or ordinances except as specifically identified in an order
	of the special board of review issued pursuant to Subsection (f).
	In the event that substantial progress is not made toward
	development of the tract within five years of the date of adoption
	by the special board of review, local development policies and
	procedures shall become applicable to development of the tract,
	unless the special board of review promulgates a new plan.
	(h) The hearing may not be considered a contested case
	proceeding under Chapter 2001 and is not subject to appeal under
	that chapter.
	Sec. 2267.0067. BINDING EFFECT OF DEVELOPMENT PLAN.
	(a) Except as provided by this subsection, a development plan
	promulgated by the special board of review under this chapter and
	any plan accepted by a local government shall be final and binding
	on the state, its lessees, successors in interest and assigns, and
	affected local governments or political subdivisions unless
	revised by the special board of review. If the state entity does
	not receive a bid or auction solicitation for the real property
	subject to the development plan, the state entity, at the direction
	of the executive director of the entity, may revise the development
	plan to conserve and enhance the value and marketability of the real
	property.
	(b) A local government, political subdivision, owner,
	builder, developer, or any other person may not modify the
	development plan without specific approval by the special board of
	review.
	(c) The special board of review must file a copy of the
	development plan in the deed records of the county in which the real
	property is located. Revisions to the development plan that are
	requested after the later of the 10th anniversary of the date on
	which the development plan was adopted by the special board of
	review or the date on which the state no longer holds a financial or
	property interest in the real property subject to the plan are
	governed by local development policies and procedures.
	SECTION 26. (a) Section 2267.051, Government Code, as
	added by Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature,
	Regular Session, 2011, is amended by amending Subsection (a) and
	adding Subsection (a-1) to read as follows:
	(a) Except as provided by Subsection (a-1), a [A] person may
	not develop or operate a qualifying project unless the person
	obtains the approval of and contracts with the responsible
	governmental entity under this chapter. The person may initiate
	the approval process by submitting a proposal requesting approval
	under Section 2267.053(a), or the responsible governmental entity
	may request proposals or invite bids under Section 2267.053(b).
	(a-1) A person may not develop or operate a qualifying
	project on property located within the Capitol Complex, as defined
	by Section 411.061(a)(1), unless the person obtains the approval of
	and contracts with the responsible governmental entity under this
	chapter. The person may not initiate the approval process by
	submitting a proposal requesting approval under Section
	2267.053(a). The responsible governmental entity may request
	proposals or invite bids under Section 2267.053(b).
	(b) If S.B. No. 894, Acts of the 83rd Legislature, Regular
	Session, 2013, or similar legislation relating to real property
	within the Capitol Complex is enacted and becomes law, this section
	has no effect.
	SECTION 27. Section 2267.052, Government Code, as added by
	Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
	Session, 2011, is amended by amending Subsections (b) and (c) and
	adding Subsections (c-1) and (d) to read as follows:
	(b) The guidelines for a responsible governmental entity
	described by Section 2267.001(5)(A) must:
	(1) require the responsible governmental entity to:
	(A) make a representative of the entity available
	to meet with persons who are considering submitting a proposal; and
	(B) provide notice of the representative's
	availability;
	(2) provide reasonable criteria for choosing among
	competing proposals;
	(3) contain suggested timelines for selecting
	proposals and negotiating an interim or comprehensive agreement;
	(4) allow the responsible governmental entity to
	accelerate the selection, review, and documentation timelines for
	proposals involving a qualifying project considered a priority by
	the entity;
	(5) include financial review and analysis procedures
	that at a minimum consist of:
	(A) a cost-benefit analysis;
	(B) an assessment of opportunity cost;
	(C) consideration of the degree to which
	functionality and services similar to the functionality and
	services to be provided by the proposed project are already
	available in the private market; and
	(D) consideration of the results of all studies
	and analyses related to the proposed qualifying project;
	(6) allow the responsible governmental entity to
	consider the nonfinancial benefits of a proposed qualifying
	project;
	(7) ensure that the governmental entity, for a
	proposed project to improve real property, evaluates design
	quality, life-cycle costs, and the proposed project's relationship
	to any relevant comprehensive planning or zoning requirements;
	(8) include criteria for:
	(A) the qualifying project, including the scope,
	costs, and duration of the project and the involvement or impact of
	the project on multiple public entities;
	(B) the creation of and the responsibilities of
	an oversight committee, with members representing the responsible
	governmental entity, that acts as an advisory committee to review
	the terms of any proposed interim or comprehensive agreement; and
	(C) compliance with the requirements of Chapter
	2268;
	(9) [~~(8)~~] require the responsible governmental entity
	to analyze the adequacy of the information to be released by the
	entity when seeking competing proposals and require that the entity
	provide more detailed information, if the entity determines
	necessary, to encourage competition, subject to Section
	2267.053(g);
	(10) [~~(9)~~] establish criteria, key decision points,
	and approvals required to ensure that the responsible governmental
	entity considers the extent of competition before selecting
	proposals and negotiating an interim or comprehensive agreement;
	and
	(11) [~~(10)~~] require the posting and publishing of
	public notice of a proposal requesting approval of a qualifying
	project, including:
	(A) specific information and documentation
	regarding the nature, timing, and scope of the qualifying project,
	as required under Section 2267.053(a);
	(B) a reasonable period, as determined by the
	responsible governmental entity, of not less than 45 days or more
	than 180 days, or a longer period specified by the governing body of
	the responsible governmental entity to accommodate a large-scale
	project, [~~as determined by the responsible governmental entity,~~] to
	encourage competition and partnerships with private entities and
	other persons in accordance with the goals of this chapter, during
	which the responsible governmental entity must accept submission of
	competing proposals for the qualifying project; and
	(C) a requirement for advertising the notice on
	the governmental entity's Internet website and on TexasOnline or
	the state's official Internet website.
	(c) The guidelines of a responsible governmental entity
	described by Section 2267.001(5)(B) must include:
	(1) [~~may include~~] the provisions required under
	Subsection (b); and
	(2) [~~must include~~] a requirement that the governmental
	entity engage the services of qualified professionals, including an
	architect, professional engineer, or certified public accountant,
	not otherwise employed by the governmental entity, to provide
	independent analyses regarding the specifics, advantages,
	disadvantages, and long-term and short-term costs of any proposal
	requesting approval of a qualifying project unless the governing
	body of the governmental entity determines that the analysis of the
	proposal is to be performed by similarly qualified employees of the
	governmental entity.
	(c-1) For a proposal with an estimated cost of $5 million or
	more for the construction or renovation of a structure or project,
	the analysis conducted under Subsection (c)(2) must include review
	of the proposal by an architect, a professional engineer, and a
	certified public accountant not otherwise employed by the
	governmental entity.
	(d) A responsible governmental entity described by Section
	2267.001(5)(A) shall submit a copy of the guidelines adopted by the
	entity under this section to the commission for approval by the
	commission consistent with the requirements of Subsection (b). The
	commission shall prescribe the procedure for submitting the
	guidelines for review under this section. The commission must
	complete its review of the guidelines not later than the 60th day
	after the date the commission receives the guidelines and provide
	written comments and recommendations to the governmental entity to
	ensure timely compliance with Subsection (b). The governmental
	entity may not request or consider a proposal for a qualifying
	project until the guidelines are approved by the commission.
	SECTION 28. Section 2267.053, Government Code, as added by
	Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
	Session, 2011, is amended by amending Subsections (a), (b), (g),
	and (h) and adding Subsections (a-1), (b-1), and (b-2) to read as
	follows:
	(a) A private entity or other person may submit a proposal
	requesting approval of a qualifying project by the responsible
	governmental entity. The proposal must be accompanied by the
	following, unless waived by the responsible governmental entity:
	(1) a topographic map, with a 1:2,000 or other
	appropriate scale, indicating the location of the qualifying
	project;
	(2) a description of the qualifying project,
	including:
	(A) the conceptual design of any facility or a
	conceptual plan for the provision of services or technology
	infrastructure; and
	(B) a schedule for the initiation of and
	completion of the qualifying project that includes the proposed
	major responsibilities and timeline for activities to be performed
	by the governmental entity and the person;
	(3) a statement of the method the person proposes for
	securing necessary property interests required for the qualifying
	project;
	(4) information relating to any current plans for the
	development of facilities or technology infrastructure to be used
	by a governmental entity that are similar to the qualifying project
	being proposed by the person for each affected jurisdiction;
	(5) a list of all permits and approvals required for
	the development and completion of the qualifying project from
	local, state, or federal agencies and a projected schedule for
	obtaining the permits and approvals;
	(6) a list of any facilities that will be affected by
	the qualifying project and a statement of the person's plans to
	accommodate the affected facilities;
	(7) a statement on the person's general plans for
	financing the qualifying project, including the sources of the
	person's funds and identification of any dedicated revenue source
	or proposed debt or equity investment for the person;
	(8) the name and address of each individual who may be
	contacted for further information concerning the request;
	(9) user fees, lease payments, and other service
	payments over the term of any applicable interim or comprehensive
	agreement and the methodology and circumstances for changes to the
	user fees, lease payments, and other service payments over time;
	(10) a statement of the specific public purpose served
	by the qualifying project;
	(11) a statement describing the qualifying project's
	compliance with the responsible governmental entity's best value
	determination under Subsection (b-1); and
	(12) [~~(10)~~] any additional material and information
	the responsible governmental entity reasonably requests.
	(a-1) A responsible governmental entity that accepts an
	unsolicited proposal for a qualifying project under Subsection (a),
	in accordance with the requirements of Section 2267.052(b)(11)(B),
	shall select the contracting person for the project by soliciting
	additional proposals through a request for qualifications, request
	for proposals, or invitation to bid.
	(b) A responsible governmental entity may request proposals
	or invite bids from persons for the development or operation of a
	qualifying project.
	(b-1) A responsible governmental entity shall make a best
	value determination in evaluating the proposals received and
	consider the total project cost as one factor in evaluating the
	proposals. The responsible governmental entity [~~received, but~~] is
	not required to select the proposal that offers the lowest total
	project cost and[~~. The responsible governmental entity~~] may
	consider the following factors:
	(1) the proposed cost of the qualifying project;
	(2) the general reputation, industry experience, and
	financial capacity of the person submitting a proposal;
	(3) the proposed design and overall quality of the
	qualifying project;
	(4) the eligibility of the project for accelerated
	selection, review, and documentation timelines under the
	responsible governmental entity's guidelines;
	(5) comments from local citizens and affected
	jurisdictions;
	(6) benefits to the public;
	(7) the person's good faith effort to comply with the
	goals of a historically underutilized business plan;
	(8) the person's plans to employ local contractors and
	residents;
	(9) for a qualifying project that involves a
	continuing role beyond design and construction, the person's
	proposed rate of return and opportunities for revenue sharing;
	(10) the relationship and conformity of the qualifying
	project to a state or local community plan impacted by the
	qualifying project or to the uses of property surrounding the
	qualifying project;
	(11) the historic significance of the property on
	which the qualifying project is proposed to be located;
	(12) the environmental impact of the qualifying
	project; and
	(13) [~~(10)~~] other criteria that the responsible
	governmental entity considers appropriate.
	(b-2) A responsible governmental entity may approve a
	qualifying project that the governmental entity determines serves a
	public purpose. The responsible governmental entity must include
	in the comprehensive agreement for the qualifying project a written
	declaration of the specific public purpose served by the project.
	(g) The responsible governmental entity shall take action
	appropriate under Section 552.153 to protect confidential and
	proprietary information provided by a private entity submitting the
	proposal and by the contracting person under an agreement.
	(h) Before completing the negotiation and entering into
	[~~the negotiation of~~] an interim or comprehensive agreement, each
	responsible governmental entity described by Section
	2267.001(5)(A) must submit copies of detailed proposals, including
	drafts of any interim agreement and the comprehensive agreement, to
	the Partnership Advisory Commission in accordance with Chapter
	2268.
	SECTION 29. Subsection (a), Section 2267.055, Government
	Code, as added by Chapter 1334 (S.B. 1048), Acts of the 82nd
	Legislature, Regular Session, 2011, is amended to read as follows:
	(a) A private entity whose proposal, other than a proposal
	for a service contract, is accepted for conceptual stage evaluation
	[~~A person submitting a proposal to a responsible governmental~~
	~~entity~~] under Section 2267.053 shall notify each affected
	jurisdiction by providing a copy of its proposal to the affected
	jurisdiction.
	SECTION 30. Section 2267.058, Government Code, as added by
	Chapter 1334 (S.B. 1048), Acts of the 82nd Legislature, Regular
	Session, 2011, is amended by amending Subsection (a) and adding
	Subsection (g) to read as follows:
	(a) Before developing or operating the qualifying project,
	the contracting person must enter into a comprehensive agreement
	with a responsible governmental entity. The comprehensive
	agreement shall provide for:
	(1) delivery of letters of credit or other security in
	connection with the development or operation of the qualifying
	project, in the forms and amounts satisfactory to the responsible
	governmental entity, and delivery of performance and payment bonds
	in compliance with Chapter 2253 for all construction activities;
	(2) review of plans and specifications for the
	qualifying project by the responsible governmental entity and
	approval by the responsible governmental entity indicating that
	[if] the plans and specifications conform to standards acceptable
	to the responsible governmental entity, except that the contracting
	person may not be required to provide final design documents for
	[~~complete the design of~~] a qualifying project before the execution
	of a comprehensive agreement;
	(3) inspection of the qualifying project by the
	responsible governmental entity to ensure that the contracting
	person's activities are acceptable to the responsible governmental
	entity in accordance with the comprehensive agreement;
	(4) maintenance of a public liability insurance
	policy, copies of which must be filed with the responsible
	governmental entity accompanied by proofs of coverage, or
	self-insurance, each in the form and amount satisfactory to the
	responsible governmental entity and reasonably sufficient to
	ensure coverage of tort liability to the public and project
	employees and to enable the continued operation of the qualifying
	project;
	(5) monitoring of the practices of the contracting
	person by the responsible governmental entity to ensure that the
	qualifying project is properly maintained;
	(6) reimbursement to be paid to the responsible
	governmental entity for services provided by the responsible
	governmental entity;
	(7) filing of appropriate financial statements on a
	periodic basis; and
	(8) policies and procedures governing the rights and
	responsibilities of the responsible governmental entity and the
	contracting person if the comprehensive agreement is terminated or
	there is a material default by the contracting person, including
	conditions governing:
	(A) assumption of the duties and
	responsibilities of the contracting person by the responsible
	governmental entity; and
	(B) the transfer or purchase of property or other
	interests of the contracting person to the responsible governmental
	entity.
	(g) The comprehensive agreement must provide that a
	security document or other instrument purporting to mortgage,
	pledge, encumber, or create a lien, charge, or security interest on
	or against the contracting party's interest may not extend to or
	affect the fee simple interest of the state in the qualifying
	project or the state's rights or interests under the comprehensive
	agreement. Any holder of debt shall acknowledge that the mortgage,
	pledge, or encumbrance or a lien, charge, or security interest on or
	against the contracting party's interest is subordinate to the fee
	simple interest of the state in the qualifying project and the
	state's rights or interests under the comprehensive agreement.
	SECTION 31. The heading to Section 2267.066, Government
	Code, is amended to read as follows:
	Sec. 2267.066. POSTING OF PROPOSALS; PUBLIC COMMENT; PUBLIC
	ACCESS TO PROCUREMENT RECORDS; FINAL VOTE.
	SECTION 32. Section 2267.066, Government Code, is amended
	by amending Subsections (c) and (d) and adding Subsection (e-1) to
	read as follows:
	(c) Trade secrets, proprietary information, financial
	records, and work product [~~or other records~~] of a proposer are [~~the~~
	~~contracting person~~] excluded from disclosure under Section 552.101
	and may not be posted or made available for public inspection except
	as otherwise agreed to by the responsible governmental entity and
	the proposer [~~contracting person~~]. After submission by a
	responsible governmental entity of a detailed qualifying project
	proposal to the commission, the trade secrets, proprietary
	information, financial records, and work product of the proposer
	are not protected from disclosure unless expressly excepted from
	the requirements of Chapter 552 or considered confidential under
	other law.
	(d) The responsible governmental entity shall hold a public
	hearing on the proposal during the proposal review process not
	later than the 30th day before the date the entity enters into an
	interim or comprehensive agreement. The public hearing shall be
	held in the area in which the proposed qualifying project is to be
	performed.
	(e-1) After making the proposed comprehensive agreement
	available as required by Subsection (e), the responsible
	governmental entity shall hold a public hearing on the final
	version of the proposed comprehensive agreement and vote on the
	proposed comprehensive agreement after the hearing. The hearing
	must be held not later than the 10th day before the date the entity
	enters into a comprehensive agreement with a contracting person.
	SECTION 33. (a) Subchapter B, Chapter 2267, Government
	Code, as added by Chapter 1334 (S.B. 1048), Acts of the 82nd
	Legislature, Regular Session, 2011, is amended by adding Section
	2267.067 to read as follows:
	Sec. 2267.067. QUALIFYING PROJECT IN CAPITOL COMPLEX.
	(a) A qualifying project for property located in the Capitol
	Complex, as defined by Section 411.061(a)(1), must be consistent
	with Capitol Complex design guidelines or standards adopted as part
	of the Capitol Complex master plan developed under Section
	2166.105.
	(b) A responsible governmental entity shall include design
	guidelines and standards defined in Subsection (a) in the request
	for proposals or invitation for bids for the development or
	operation of a qualifying project and inform the persons who submit
	proposals of the requirement to comply with the design guidelines
	and standards. The final proposal or invitation must be submitted
	to the State Preservation Board for verification that the proposal
	complies with the design guidelines and standards.
	(c) A responsible governmental entity shall submit a final
	qualifying project proposal for property in the area described by
	Subsection (a) to the State Preservation Board. The board by
	majority vote may disapprove the proposal not later than the 60th
	day after the date the proposal is received by the board.
	(d) A responsible governmental entity may not approve a
	qualifying project proposal for property in the area described by
	Subsection (a) before September 1, 2015. This subsection expires
	September 1, 2015.
	(b) If S.B. No. 894, Acts of the 83rd Legislature, Regular
	Session, 2013, or similar legislation relating to real property
	within the Capitol Complex is enacted and becomes law, this section
	has no effect.
	SECTION 34. Section 2268.055, Government Code, is amended
	to read as follows:
	Sec. 2268.055. MEETINGS. (a) The commission shall hold
	meetings quarterly or on the call of the presiding officer.
	(b) Commission meetings are subject to Chapter 551.
	SECTION 35. Subsection (d), Section 2268.056, Government
	Code, is amended to read as follows:
	(d) The Texas Facilities Commission, using the qualifying
	project fees authorized under Section 2165.353, [~~comptroller or a~~
	~~state agency~~] shall provide, on a cost recovery basis, professional
	services of its architectural, engineering, and real estate staff
	and the expertise of financial, technical, and other necessary
	advisors and consultants, authorized under Section 2267.053(d), as
	necessary to support the Partnership Advisory Commission in its
	review and evaluation of proposals, including financial and risk
	allocation analysis and ongoing contract performance monitoring of
	qualifying projects. The Texas Facilities Commission shall assign
	staff and contracted advisors and consultants necessary to perform
	the duties required by this subsection [~~additional assistance as~~
	~~needed~~].
	SECTION 36. Subsections (e), (g), and (i), Section
	2268.058, Government Code, are amended to read as follows:
	(e) The [~~If the~~] commission in a public hearing by majority
	vote of the members present shall approve or disapprove each
	detailed [~~accepts a~~] proposal submitted to the commission for
	review and may[~~, the commission shall~~] provide its findings and
	recommendations to the responsible governmental entity not later
	than the 45th day after the date the commission receives complete
	copies of the detailed proposal. If the commission does not
	provide its findings or recommendations to the responsible
	governmental entity by that date, the commission is considered to
	[~~have declined review of the proposal and to~~] not have made any
	findings or recommendations on the proposal.
	(g) The commission shall include in any [~~review accepted~~
	~~detailed proposals and provide~~] findings and recommendations
	provided to the responsible governmental entity [~~that include~~]:
	(1) a determination on whether the terms of the
	proposal and proposed qualifying project create state
	tax-supported debt, taking into consideration the specific
	findings of the comptroller with respect to the recommendation;
	(2) an analysis of the potential financial impact of
	the qualifying project;
	(3) a review of the policy aspects of the detailed
	proposal and the qualifying project; and
	(4) proposed general business terms.
	(i) The [~~Except as provided by Subsection (e), the~~]
	responsible governmental entity may not negotiate [~~begin~~
	~~negotiation of~~] an interim or comprehensive agreement for a
	detailed proposal that has been disapproved by [~~until~~] the
	commission [~~has submitted its recommendations or declined to accept~~
	~~the detailed proposals for review~~].
	SECTION 37. Subsection (d), Section 31.155, Natural
	Resources Code, is amended to read as follows:
	(d) The duty under this subchapter of the division to review
	and verify real property records and to make recommendations
	regarding real property and of the commissioner to prepare a report
	involving real property does not apply to:
	(1) the real property of an institution of higher
	education;
	(2) the real property that is part of a fund created or
	specifically authorized by the constitution of this state and that
	is administered by or with the assistance of the land office;
	(3) the real property of the Employees Retirement
	System of Texas; [~~and~~]
	(4) the real property of the Teacher Retirement System
	of Texas; and
	(5) the real property included in the Capitol Complex
	as defined by Section 411.061(a)(1), Government Code.
	SECTION 38. Subsection (d), Section 2268.058, Government
	Code, is repealed.
	SECTION 39. (a) Not later than January 1, 2014, the
	following are transferred from the Texas School for the Blind and
	Visually Impaired to the Texas Facilities Commission:
	(1) the powers, duties, functions, programs, and
	activities of the Texas School for the Blind and Visually Impaired
	relating to the maintenance of the school's physical facilities;
	(2) any obligations and contracts of the Texas School
	for the Blind and Visually Impaired that are directly related to
	implementing a power, duty, function, program, or activity
	transferred under this subsection; and
	(3) all property and records in the custody of the
	Texas School for the Blind and Visually Impaired that are related to
	a power, duty, function, program, or activity transferred under
	this subsection and all funds appropriated by the legislature for
	that power, duty, function, program, or activity.
	(b) The Texas Facilities Commission and the Texas School for
	the Blind and Visually Impaired shall enter into a memorandum of
	understanding as provided by Subsection (h-1), Section 30.022,
	Education Code, as added by this Act, that:
	(1) identifies in detail the applicable powers and
	duties that are transferred between the two agencies by this Act;
	and
	(2) establishes a plan for the identification and
	transfer of the records, personnel, property, and unspent
	appropriations of the Texas School for the Blind and Visually
	Impaired that are used for purposes of the commission's powers and
	duties directly related to the maintenance of the school's physical
	facilities under Section 30.022, Education Code.
	SECTION 40. (a) Not later than January 1, 2014, the
	following are transferred from the Texas School for the Deaf to the
	Texas Facilities Commission:
	(1) the powers, duties, functions, programs, and
	activities of the Texas School for the Deaf relating to the
	maintenance of the school's physical facilities;
	(2) any obligations and contracts of the Texas School
	for the Deaf that are directly related to implementing a power,
	duty, function, program, or activity transferred under this
	subsection; and
	(3) all property and records in the custody of the
	Texas School for the Deaf that are related to a power, duty,
	function, program, or activity transferred under this subsection
	and all funds appropriated by the legislature for that power, duty,
	function, program, or activity.
	(b) The Texas Facilities Commission and the Texas School for
	the Deaf shall enter into a memorandum of understanding as provided
	by Subsection (h-1), Section 30.052, Education Code, as added by
	this Act, that:
	(1) identifies in detail the applicable powers and
	duties that are transferred between the two agencies by this Act;
	and
	(2) establishes a plan for the identification and
	transfer of the records, personnel, property, and unspent
	appropriations of the Texas School for the Deaf that are used for
	purposes of the commission's powers and duties directly related to
	the maintenance of the school's physical facilities under Section
	30.052, Education Code.
	SECTION 41. The Texas Facilities Commission shall:
	(1) not later than January 1, 2014:
	(A) develop the qualifying project review
	guidelines required by Section 2165.352, Government Code, as added
	by this Act;
	(B) develop the qualifying project proposal fee
	schedule required by Section 2165.353, Government Code, as added by
	this Act; and
	(C) adopt the comprehensive planning and
	development process required by Section 2166.107, Government Code,
	as added by this Act;
	(2) not later than July 1, 2014, prepare the
	comprehensive capital improvement and deferred maintenance plan
	required by Section 2166.108, Government Code, as added by this
	Act; and
	(3) not later than April 1, 2016, prepare the Capitol
	Complex master plan required by Section 2166.105, Government Code,
	as added by this Act, and submit the plan as required by that
	section.
	SECTION 42. Not later than December 1, 2016, the
	Partnership Advisory Commission established under Chapter 2268,
	Government Code, shall submit to the lieutenant governor, the
	speaker of the house of representatives, and the appropriate
	legislative standing committees recommendations on proposed
	amendments to Chapters 2267 and 2268, Government Code.
	SECTION 43. 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, 2013.






	______________________________	______________________________
	President of the Senate	Speaker of the House

	I hereby certify that S.B. No. 211 passed the Senate on
	April 11, 2013, by the following vote: Yeas 31, Nays 0;
	May 21, 2013, Senate refused to concur in House amendments and
	requested appointment of Conference Committee; May 22, 2013, House
	granted request of the Senate; May 26, 2013, Senate adopted
	Conference Committee Report by the following vote: Yeas 31,
	Nays 0.


	______________________________
	Secretary of the Senate

	I hereby certify that S.B. No. 211 passed the House, with
	amendments, on May 15, 2013, by the following vote: Yeas 141,
	Nays 2, three present not voting; May 22, 2013, House granted
	request of the Senate for appointment of Conference Committee;
	May 26, 2013, House adopted Conference Committee Report by the
	following vote: Yeas 144, Nays 0, three present not voting.


	______________________________
	Chief Clerk of the House



	Approved:

	______________________________
	Date


	______________________________
	Governor