Texas Government Code Title 10, Chapter 2165 - State Buildings, Grounds, And Property

SUBCHAPTER A CHARGE AND CONTROL OF STATE BUILDINGS AND PROPERTY

• Texas Section 2165.001 - Custodianship Of State Property
  (a) The commission: (1) has charge and control of all public buildings, grounds, and property; (2) is the custodian of all state personal property; and...
• Texas Section 2165.0011 - Definition
  In this chapter, "commission" means the Texas Facilities Commission. Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.30, eff. September 1,
• Texas Section 2165.0012 - Authority To Adopt Rules
  The commission may adopt rules to efficiently and effectively administer this chapter. Added by Acts 2007, 80th Leg., R.S., Ch. 937 (H.B. 3560), Sec. 1.30,...
• Texas Section 2165.002 - Exceptions To Commission Charge And Control
  The provisions of Section 2165.001 relating to charge and control of public buildings and grounds do not apply to buildings and grounds of: (1) an...
• Texas Section 2165.003 - Allocation Of Space Affecting Legislature
  The allocation of space affecting the quarters of either house of the legislature must have the approval of the speaker of the house of representatives...
• Texas Section 2165.004 - Lease Of Space To Public Tenants In Certain State-owned Buildings
  (a) The commission may enter into a lease agreement with a department, commission, board, agency, or other instrumentality of the state, a political subdivision of...
• Texas Section 2165.005 - Naming Of State Buildings
  (a) This section prescribes the procedure for naming a building owned by this state, including a building financed under Chapter 1232. (b) The commission shall...
• Texas Section 2165.006 - Display Of Pow/mia Flag
  (a) In this section, "POW/MIA flag" means the National League of Families POW/MIA flag identified by 36 U.S.C. Section 902. (b) The POW/MIA flag shall...
• Texas Section 2165.0065 - Display Of Honor And Remember Flag
  (a) In this section, "Honor and Remember flag" means the Honor and Remember, Inc., flag. (b) The Honor and Remember flag may be displayed at...
• Texas Section 2165.007 - Facilities Management Services
  (a) In this section, "facilities management services" means any state agency facilities management service that is not unique to carrying out a program of the...
• Texas Section 2165.008 - Temporary Use Of State Building Or Grounds By Television Or Film Production Company
  (a) In this section: (1) "Office" means the Music, Film, Television, and Multimedia Office. (2) "Production company" means a film production company, television production company,...

SUBCHAPTER B POWERS AND DUTIES OF COMMISSION

• Texas Section 2165.009 - Energy-efficient Light Bulbs In State Buildings
  A state agency or institution of higher education in charge and control of a state building shall purchase for use in each type of light...
• Texas Section 2165.051 - Inspection Of State Property
  (a) The commission shall frequently and at regular intervals inspect all public buildings and property to remain constantly informed of the condition of the buildings...
• Texas Section 2165.052 - Repair And Improvement Of State Buildings
  On direction of the commission's attention to a needed improvement or repair of a building or office by the head of a department or office,...
• Texas Section 2165.053 - Maintenance Of Sewers And Utility Conduits
  The commission shall give special attention to the effective maintenance of sewers and utility conduits. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1,...
• Texas Section 2165.054 - Plans Of Public Buildings
  The commission shall prepare and keep in its offices a copy of the plans of each public building under its charge, and plans of each...
• Texas Section 2165.055 - Report About Improvements And Repairs
  Not later than December 1 of each even-numbered year, the commission shall report to the governor: (1) all improvements and repairs that have been made,...
• Texas Section 2165.056 - Powers In Relation To Other Agency Property
  (a) The commission may, at a state agency's request, exercise the powers and duties given to the commission by this subchapter and Subchapters A, D,...
• Texas Section 2165.057 - Management Of Facilities
  (a) The commission shall develop and implement policies that clearly define the responsibilities of the commission and the commission's staff that relate to conducting facilities...

SUBCHAPTER C ALLOCATION OF SPACE

• Texas Section 2165.058 - Vending Machines; Energy-saving Device Required
  (a) This section does not apply to a vending machine that contains a perishable food product, as defined by Section 96.001, Civil Practice and Remedies...
• Texas Section 2165.101 - Applicability Of Subchapter
  This subchapter applies only to space to which, under Section 2167.001, Chapter 2167 applies. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff....
• Texas Section 2165.102 - Commission Standards For Space
  The commission shall adopt standards regarding state agencies': (1) use of space; and (2) needs for space, including types of space needed. Added by Acts...
• Texas Section 2165.103 - Child Care Facility Standards
  (a) The commission, in consultation with the Child Care Advisory Committee, shall by rule adopt standards regarding the type, size, and location of child care...
• Texas Section 2165.104 - Space Use Study; Limitation On Allocation Of Space
  (a) The commission periodically shall study the space requirements of state agencies that occupy space under the commission's charge and control, including state-owned space and...
• Texas Section 2165.105 - State Agency Request For Space; Commission Determinations
  (a) The head of a state agency or that person's designee shall send to the commission a written request for space the agency needs to...
• Texas Section 2165.106 - Sharing Space
  The commission may: (1) consolidate requests for space of two or more state agencies with similar needs; and (2) obtain and allocate space so that...
• Texas Section 2165.1061 - Space Allocation Plans; Transition Plans
  (a) In this section: (1) "Administrative office space" includes state-owned administrative office space and administrative office space leased by the state from other sources, but...
• Texas Section 2165.107 - Preferences In Assigning Space
  (a) In filling a request for space, the commission shall give preference to available state-owned space. (b) In assigning office space in a state building...

SUBCHAPTER D LEASE OF PUBLIC GROUNDS

• Texas Section 2165.108 - Rules
  The commission shall adopt rules necessary to administer its functions under this subchapter. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept....
• Texas Section 2165.151 - Authority To Lease Public Grounds
  All public grounds belonging to the state under the commission's charge and control may be leased for agricultural or commercial purposes. Added by Acts 1995,...
• Texas Section 2165.152 - Lease Of Building Space Not Affected
  This subchapter does not apply to space in a building that the commission may lease to a private tenant under Subchapter E. Added by Acts...
• Texas Section 2165.153 - Advertisement Of Lease Proposals
  The commission shall advertise a lease proposal under this subchapter once a week for four consecutive weeks in at least two newspapers, one of which...
• Texas Section 2165.155 - Approval By Attorney General
  Each lease under this subchapter is subject to the approval of the attorney general regarding both substance and form. Added by Acts 1995, 74th Leg.,...
• Texas Section 2165.156 - Deposit Of Lease Proceeds
  Money received from a lease under this subchapter, minus the amount spent for advertising and leasing expenses, shall be deposited: (1) in the state treasury...
• Texas Section 2165.157 - Forms, Rules, And Contracts
  The commission shall adopt proper forms, rules, and contracts that will in its best judgment protect the interest of the state. Added by Acts 1995,...

SUBCHAPTER E LEASE OF SPACE IN STATE-OWNED BUILDINGS TO PRIVATE TENANTS

• Texas Section 2165.158 - Rejection Of Bids
  The commission may reject any and all bids under this subchapter. Added by Acts 1995, 74th Leg., ch. 41, Sec. 1, eff. Sept. 1, 1995.
• Texas Section 2165.201 - Purpose Of Subchapter
  The purpose of this subchapter is to: (1) encourage the most efficient use of valuable space in state office buildings and parking garages; (2) serve...
• Texas Section 2165.202 - Applicability
  This subchapter applies only to the lease of space in a state-owned building to a private tenant. Added by Acts 1995, 74th Leg., ch. 41,...
• Texas Section 2165.203 - Lease; Fair Market Value
  In a state-owned building that is under the commission's control and that is used primarily for office space or vehicle parking for state government, the...
• Texas Section 2165.2035 - Lease Of Space In State-owned Parking Lots And Garages; Private Commercial Use
  (a) In this section, "lease" includes a management agreement. (b) The commission shall develop private, commercial uses for state-owned parking lots and garages located in...
• Texas Section 2165.204 - Lease Of Space In State-owned Parking Lots And Garages; Private Individual Use Of Excess Individual Parking Spaces
  (a) The commission may lease to a private individual an individual parking space in a state-owned parking lot or garage located in the city of...
• Texas Section 2165.2045 - Lease Of Space In State-owned Parking Lots And Garages; Certain Governmental Entities' Use Of Excess Blocks Of Parking Space
  (a) The commission may lease to an institution of higher education or a local government all or a significant block of a state-owned parking lot...
• Texas Section 2165.2046 - Reports On Parking Programs
  On or before December 1 of each even-numbered year, the commission shall electronically submit a report to the legislature and Legislative Budget Board describing the...
• Texas Section 2165.205 - Limitations On Amount, Location, And Use Of Leased Space
  (a) The commission may not lease space to a private tenant for use as private office space unless the private office space is related and...
• Texas Section 2165.206 - Lease Of Space For Child Care Facility
  (a) Providing a site for a child care facility in a state-owned building has first priority over all other uses of a building, except for...
• Texas Section 2165.207 - Method Of Selecting Tenant
  (a) The commission may lease space in a building by negotiating a lease with a tenant or by selecting the tenant through competitive bidding. In...
• Texas Section 2165.208 - Utilities And Custodial Services
  (a) The commission may furnish utilities and custodial services to a private tenant at cost. (b) The commission shall furnish utilities and custodial services to...
• Texas Section 2165.209 - Subleases And Assignments
  The commission may permit a private tenant to sublease or assign space that the tenant leases. The commission must approve in writing all subleases and...
• Texas Section 2165.210 - Refusal To Lease Space Or Permit An Activity
  The commission may refuse to lease space to a person or to permit an activity in a space if the commission considers the refusal to...
• Texas Section 2165.211 - Use Of Lease Proceeds
  Money received from a lease under this subchapter may be used only for building and property services performed by the commission. Added by Acts 1995,...
• Texas Section 2165.212 - Vending Facilities; Texas Commission For The Blind
  (a) The commission shall request the Texas Commission for the Blind to determine under Section 94.003, Human Resources Code, whether it is feasible to install...
• Texas Section 2165.213 - Ad Valorem Taxation
  (a) Space leased to a private tenant is subject to ad valorem taxation in accordance with Section 11.11(d), Tax Code. (b) The space is not...
• Texas Section 2165.214 - Preference In Leasing To Certain Existing Vending Facilities
  Notwithstanding the other provisions of this subchapter or Chapters 2155, 2156, 2157, and 2158, the commission shall give a preference, when leasing space in a...

SUBCHAPTER F PARTICULAR BUILDINGS AND PROPERTY

• Texas Section 2165.215 - Purchase Of Building Subject To Existing Leases
  (a) If the commission determines under Section 2166.452 or 2166.453 that the purchase of an existing building is more advantageous to the state than constructing...
• Texas Section 2165.251 - Buildings Allocated To Legislative Use
  (a) The space in the old State Board of Insurance State Office Building, located on San Jacinto Street between 11th and 12th streets in Austin,...
• Texas Section 2165.252 - Texas Judicial Complex
  (a) "Texas Judicial Complex" is the collective name of the Supreme Court Building, the Tom C. Clark State Courts Building, and the Price Daniel, Sr.,...
• Texas Section 2165.253 - Use Of Room In State Capitol Building
  A person may not use a room, apartment, or office in the State Capitol as a bedroom or for a private purpose. This section does...
• Texas Section 2165.254 - State Capitol Building: Safe Place For Runaway Youth Designation
  The State Capitol is designated a safe place for runaway youth. The commission shall devise a plan to provide services and assistance to runaway youth...
• Texas Section 2165.255 - Consent Of Legislature Required For Construction On State Capitol Grounds; Penalty
  (a) A person, including a state officer or employee, commits an offense if, without the prior express consent of the legislature, the person: (1) builds,...
• Texas Section 2165.256 - State Cemetery And Other Burial Grounds
  (a) In this section: (1) "Board" means the State Preservation Board. (2) "Committee" means the State Cemetery Committee. (a-1) The board, in cooperation with the...
• Texas Section 2165.2561 - State Cemetery Committee
  (a) In this section: (1) "Board" means the State Preservation Board. (2) "Committee" means the State Cemetery Committee. (a-1) The committee is composed of: (1)...
• Texas Section 2165.2565 - State Cemetery Preservation Trust Fund
  (a) The State Cemetery preservation trust fund is created as a trust fund outside the state treasury to be held with the comptroller in trust....
• Texas Section 2165.2565 - State Cemetery Preservation Trust Fund
  (a) The State Cemetery preservation trust fund is created as a trust fund outside the state treasury to be held with the comptroller in trust....
• Texas Section 2165.257 - French Embassy
  (a) The property known as the French Embassy is for the use and purposes of the Daughters of the Republic of Texas. They may take...
• Texas Section 2165.258 - Office Space For Department Of Public Safety; American Legion Building
  The commission shall provide office space to the Department of Public Safety in the American Legion Building or in another suitable facility acceptable to the...

SUBCHAPTER G INDOOR AIR QUALITY

• Texas Section 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...
• Texas Section 2165.301 - Definitions
  In this subchapter: (1) "Air monitoring" and "asbestos abatement" have the meanings assigned by Section 1954.002, Occupations Code. (2) Repealed by Acts 2015, 84th Leg.,...
• Texas Section 2165.303 - Air Monitoring Related To Asbestos Abatement
  (a) The commission shall contract with a private entity to conduct any air monitoring that is related to asbestos abatement services provided by the commission....

SUBCHAPTER H PUBLIC AND PRIVATE FACILITIES AND INFRASTRUCTURE: QUALIFYING PROJECTS

• Texas Section 2165.305 - Educational Seminar On Indoor Air Quality
  (a) The office shall conduct an annual, one-day educational seminar on indoor air quality. (b) The office shall provide updated information at the seminar on...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER I DEFERRED MAINTENANCE FUND

• Texas Section 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...
• Texas Section 2165.401 - Purpose; Intent
  It is the intent of the legislature that state facilities be brought into a better state of repair to ensure the safety of employees and...
• Texas Section 2165.402 - Definition
  In this subchapter, "fund" means the deferred maintenance fund. Added by Acts 2015, 84th Leg., R.S., Ch. 212 (S.B. 2004), Sec. 2, eff. May 28,
• Texas Section 2165.403 - Deferred Maintenance Fund Account
  (a) The fund is an account in the general revenue fund. (b) The fund consists of money appropriated, credited, or transferred to the fund by...

Last modified: September 28, 2016