88R7069 LRM-D     By: Guerra H.B. No. 1495       A BILL TO BE ENTITLED   AN ACT   relating to a study on leasing state property for private use.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  DEFINITIONS. In this Act:                (1)  "Board" means the Texas Higher Education   Coordinating Board.                (2)  "Commission" means the Texas Facilities   Commission.                (3)  "Space" means a room, conference room, hall,   stage, dance studio, rehearsal space, or other area in a state   building or on state property.          SECTION 2.  STUDY REGARDING LEASED SPACE OF STATE AGENCIES.   (a) In collaboration with the Texas Commission on the Arts, the   commission shall conduct a study to assess the feasibility of   leasing to artists for the practice and performance of their arts   available spaces in state agency buildings or on state agency   property.          (b)  In conducting the study, the commission shall consider:                (1)  the types of spaces in state agency buildings or on   state agency property that are appropriate for leasing;                (2)  the location of each building or property with a   space identified as potentially available for lease;                (3)  the times each identified space would be available   for lease;                (4)  the persons to whom each identified space may be   leased;                (5)  any disadvantages to leasing each identified   space, including sensitive surroundings or information that may be   at risk during the lease;                (6)  the fair market value for leasing each identified   space;                (7)  any tax implications for accepting a lease payment   from a private business for private use of each identified space;                (8)  the use limitations that may need to be included in   a lease agreement for each identified space;                (9)  security measures that hinder or enhance the   availability or value of each identified space; and                (10)  any other issue that would negatively impact or   prohibit leasing each identified space.          (c)  The study must identify:                (1)  the criteria used to determine the feasibility of   leasing each space identified as available for lease;                (2)  the measures instituted to avoid viewpoint bias or   other possible biases in the selection of a lease holder;                (3)  the authorized uses of lease income by state   agencies to benefit each agency offering space for lease; and                (4)  the reasons a state agency would be authorized to   decline to lease space at the agency.          SECTION 3.  STUDY REGARDING LEASED SPACE OF PUBLIC   INSTITUTIONS OF HIGHER EDUCATION. (a) In collaboration with the   Texas Commission on the Arts, the board shall conduct a study to   assess the feasibility of leasing to artists for the practice and   performance of their arts available spaces in buildings or property   of public institutions of higher education in this state.          (b)  In conducting the study, the board shall consider:                (1)  the types of spaces in buildings or on property of   public institutions of higher education that are appropriate for   leasing;                (2)  the location of each building or property with a   space identified as potentially available for lease;                (3)  the times each identified space would be available   for lease;                (4)  the persons to whom each identified space may be   leased;                (5)  any disadvantages to leasing each identified   space, including sensitive surroundings or information that may be   at risk during the lease;                (6)  the fair market value for leasing each identified   space;                (7)  any tax implications for accepting a lease payment   from a private business for private use of each identified space;                (8)  the use limitations that may need to be included in   a lease agreement for each identified space;                (9)  security measures that hinder or enhance the   availability or value of each identified space; and                (10)  any other issue that would negatively impact or   prohibit leasing each identified space.          (c)  The study must identify:                (1)  the criteria used to determine the feasibility of   leasing each space identified as available for lease;                (2)  the measures instituted to avoid viewpoint bias or   other possible biases in the selection of a lease holder;                (3)  the authorized uses of lease income by public   institutions of higher education to benefit each institution   offering space for lease; and                (4)  the reasons a public institution of higher   education would be authorized to decline to lease space at the   institution.          SECTION 4.  REPORT TO LEGISLATURE. Not later than December   2, 2024, the commission and board shall submit a report to each   member of the legislature that includes the results of the studies   conducted under Sections 2 and 3 of this Act and any recommendations   of the commission and board related to the studies and statutory   changes necessary to authorize leasing space to artists for the   practice and performance of their arts at state agencies and public   institutions of higher education.          SECTION 5.  EXPIRATION. This Act expires September 1, 2025.          SECTION 6.  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, 2023.