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AN ACT
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relating to interim studies on real property owned by the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. INTERIM STUDY. (a) The State Office of Risk |
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Management shall conduct an interim study on insurable state |
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assets, using information provided by the Legislative Budget Board, |
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to develop a statewide strategy to ensure that all real property |
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owned by the state, including buildings, facilities, and land, is |
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adequately insured. |
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(b) The Legislative Budget Board shall collect the |
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information described by this section from each state agency and |
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institution of higher education that possesses real property and |
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require each agency and institution to submit the information to |
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the board by a date prescribed by the board. The board shall |
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coordinate with the following entities to collect the information: |
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(1) the comptroller of public accounts; |
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(2) the state auditor's office; |
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(3) the State Office of Risk Management; |
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(4) the General Land Office; |
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(5) the Texas Facilities Commission; |
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(6) the Texas Higher Education Coordinating Board; and |
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(7) any other state agency. |
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(c) The Legislative Budget Board shall coordinate the |
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collection of comprehensive real property data for official state |
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use, including for a state agency other than an institution of |
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higher education, as defined by Section 61.003, Education Code: |
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(1) for each state-owned building or facility: |
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(A) the name of the state agency that has charge |
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and control of the building or facility; |
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(B) the number or name of the building or |
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facility; |
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(C) the address and geographic coordinates of the |
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building or facility; |
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(D) a description of the building or facility, |
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including the type of construction based on the Insurance Services |
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Office classification system, the cost of construction, and a |
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statement on the quality of the construction; |
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(E) the year the building or facility was built |
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or the acquisition date of the building or facility; |
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(F) the number of stories and the square footage |
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of the building or facility; |
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(G) the occupancy type of the building or |
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facility; |
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(H) the amount of space in the building or |
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facility that is being used, expressed as a percentage; |
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(I) the status of the fire alarm system within |
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the building or facility; |
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(J) information on protection systems and |
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features of the building or facility, including fire protection |
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systems and features and any violations for which the building or |
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facility has been cited; |
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(K) the value of the building or facility based |
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on replacement value, market value, donated value, or purchase |
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price, including the year the building or facility was appraised; |
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(L) the value of the contents of the building or |
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facility; |
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(M) the fund from which the building or facility |
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was purchased; |
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(N) information on the flood zone status of the |
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building or facility; |
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(O) any surrounding use of the building or |
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facility; and |
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(P) the type of fund profiled under the uniform |
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statewide accounting system that the state agency used to purchase |
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the building or facility; and |
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(2) for state-owned land: |
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(A) the name of the state agency that has charge |
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and control of the land; |
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(B) the address and geographic coordinates of the |
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land; |
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(C) the name of the land, if any; |
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(D) whether a historical marker is located on the |
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land, and if so, a description of the historical marker; |
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(E) the amount of acres of the land; |
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(F) whether the land is located in a flood zone; |
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(G) any surrounding use of the land; |
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(H) the value of the land based on market value, |
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donated value, or purchase price and the year the land was |
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appraised; and |
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(I) the fund from which the land was purchased. |
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(d) The Legislative Budget Board shall collect the real |
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property data of an institution of higher education, as defined by |
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Section 61.003, Education Code, from: |
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(1) the Texas Higher Education Coordinating Board, as |
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such data is reported to that board, including, for each building or |
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facility owned by an institution: |
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(A) the name of the institution that has charge |
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and control of the building or facility, including the number |
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assigned to the institution by the Federal Interagency Committee on |
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Education; |
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(B) the number or name of the building or |
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facility; |
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(C) the address and geographic coordinates of the |
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building or facility; |
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(D) a description of the building or facility, |
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including the type of construction; |
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(E) the year the building or facility was built |
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or the acquisition date of the building or facility; |
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(F) the number of stories and the square footage |
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of the building or facility; |
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(G) the occupancy type of the building or |
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facility; |
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(H) the amount of space in the building or |
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facility that is being used, expressed as a percentage; |
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(I) the value of the building or facility based |
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on replacement value; and |
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(J) information on the flood zone status of the |
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building or facility; and |
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(2) each institution of higher education, including, |
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for land owned by the institution: |
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(A) the name of the institution that has charge |
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and control of the land, including the number assigned to the |
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institution by the Federal Interagency Committee on Education; |
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(B) the address and geographic coordinates of the |
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land; |
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(C) the name of the land, if any; |
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(D) the amount of acres of the land; and |
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(E) the value of the land based on the market |
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value or acquisition value. |
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(e) The Legislative Budget Board shall report the |
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information submitted by each state agency and institution of |
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higher education to the State Office of Risk Management by a date |
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prescribed by the State Office of Risk Management. |
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(f) Not later than June 1, 2016, the State Office of Risk |
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Management shall consolidate the information received by the |
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Legislative Budget Board and enter it into a single database |
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accessible by the legislature and all state agencies and |
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institutions of higher education. |
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(g) Not later than August 31, 2016, the State Office of Risk |
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Management shall conduct the insurable state asset interim study |
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and report the office's findings and recommendations to the |
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legislature. The report must include a statewide strategy that |
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will ensure all real property owned by the state is adequately |
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insured. |
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SECTION 2. SELECT INTERIM COMMITTEES; STUDY. (a) A Senate |
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Select Committee on State Real Property Data Collection, Reporting, |
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and Assessment and a House Select Committee on State Real Property |
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Data Collection, Reporting, and Assessment are established to, |
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separately or jointly, study: |
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(1) the potential benefits of maintaining a |
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comprehensive database of all real property owned by the state; |
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(2) the potential financial loss to the state that |
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could result from the state owning uninsured and underinsured real |
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property; |
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(3) any efficiencies or cost savings potentially |
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achieved by requiring the General Land Office to submit the annual |
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report required under Section 31.157, Natural Resources Code, to |
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the Texas Department of Transportation, the Employees Retirement |
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System of Texas, and the Teacher Retirement System of Texas; |
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(4) the potential benefits or burdens, including |
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administrative burdens, of requiring each state agency and |
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institution of higher education to report information on the real |
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property it possesses, at the same time and in a uniform manner, to |
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a single entity, and how often the information should be reported; |
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(5) which state agency is best suited to collect |
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information on all real property owned by the state and the |
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appropriate method for collecting this information; |
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(6) the information that is currently reported by |
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state agencies and institutions of higher education regarding real |
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property of which agencies and institutions have charge and |
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control; |
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(7) the distinction between state agencies and |
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institutions of higher education that report information on real |
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property owned by the state as compared to state agencies and |
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institutions of higher education that collect information for a |
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report on real property owned by the state; |
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(8) information determined by the Legislative Budget |
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Board as necessary for the State Office of Risk Management to |
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conduct an insurable state asset study to develop a statewide |
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strategy that will ensure all real property owned by the state is |
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adequately insured; |
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(9) how often the State Office of Risk Management |
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should submit an insurable state asset study to the legislature; |
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(10) the results of the appraisal required by |
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Subsection (e) of this section, and the potential loss to the state |
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by inadequately insuring the Capitol Complex, as defined by Section |
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443.0071, Government Code; and |
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(11) other potential ways to ensure that the state is |
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able to identify, track, and maintain a database of the location, |
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condition, and replacement value of all real property owned by the |
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state. |
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(b) Not later than November 30, 2015, the lieutenant |
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governor shall appoint five senators to the Senate Select Committee |
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on State Real Property Data Collection, Reporting, and Assessment |
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and designate one senator to serve as the chair, and the speaker of |
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the house of representatives shall appoint five state |
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representatives to the House Select Committee on State Real |
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Property Data Collection, Reporting, and Assessment and select one |
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state representative to serve as the chair. |
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(c) The committees established under this section shall |
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convene separately at the call of the chair of the respective |
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committee, or jointly at the call of both chairs. In joint |
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meetings, the chairs of each committee shall act as joint chairs. |
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(d) Following consideration of the factors listed in |
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Subsection (a) of this section, the committees established under |
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this section shall jointly adopt recommendations and report in |
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writing any findings and adopted recommendations to the legislature |
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not later than January 13, 2017. The report, at a minimum, must |
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identify a single entity to collect information on all real |
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property owned by the state, including buildings, facilities, and |
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land. |
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(e) The committees established under this section shall |
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conduct an appraisal of all or part of the Capitol Complex, as |
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defined by Section 443.0071, Government Code. The appraisal must |
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be completed in a manner that ensures that the committees can comply |
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with the requirements of Subsection (a)(10) of this section. To |
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conduct the appraisal required under this subsection, the |
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committees may: |
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(1) use the services of the State Office of Risk |
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Management, including any existing appraisal contracts developed |
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by the office; or |
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(2) contract with a state certified or state licensed |
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real estate appraiser in accordance with Subchapter A, Chapter |
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2254, Government Code, and other applicable state procurement |
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practices. |
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SECTION 3. EXPIRATION. This Act expires September 1, 2017. |
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SECTION 4. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3750 was passed by the House on May |
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15, 2015, by the following vote: Yeas 124, Nays 4, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3750 was passed by the Senate on May |
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27, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |