| (a) Unless a governmental agency has been abolished
by the Legislature, a governmental agency that elects to invoke the
Funding Out Clause to cancel a lease due to lack of funding shall
request the Commission to either cancel the lease or make the leased
premises available to another governmental agency.
(b) A request by a governmental agency to cancel a
lease due to lack of funding must have the approval of the governing
body of the governmental agency making the request. Any agency under
the authority of an individual commissioner or executive director,
appointed by or directly accountable to the Governor, must provide
evidence of notification to the Office of the Governor in order for
such a request to be considered for action by the Commission.
(c) Unless the term of the lease is amended by written
agreement between a lessor and the Commission, the Commission will
serve written notice to the lessor of intent to cancel the lease effective
on a date certain at least 180 days prior to the date of the lease
cancellation. Notice to the lessor is effective upon receipt if served
by electronic mail directed to the lessor's designated contact on
the Commission's database. Rent shall continue to be paid through
the date that the lessee vacates the facilities or through the end
of the biennium, whichever is earlier, for which funds had been certified
pursuant to Texas Government Code §2167.101 (West 2008).
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