: Texas Register

Texas Register

TITLE 1	ADMINISTRATION
PART 5	TEXAS BUILDING AND PROCUREMENT COMMISSION
CHAPTER 115	FACILITIES LEASING PROGRAM
SUBCHAPTER A	STATE LEASED PROPERTY
RULE §115.2	Prerequisites for Leasing Space
ISSUE	03/05/2004
ACTION	Final/Adopted

Preamble

Texas Admin Code Rule

(a)When a board, commission or agency requests to lease property that is not owned by the state, the Commission shall verify that state-owned space is not available.

(b)All requests for lease space must be submitted by the office of the Executive Director or designated the agency representative head of the requesting agency party.

(c)The Chief Administrative Officer of the requesting agency must certify the availability of funds for the requested lease space, the number of full time employees to be located at the requested space and the agency's projected schedule.

(d)§2165.104(c) of the Texas Government Code does not exempt any state entity from statutorily imposed lease space restrictions. All requests for space exemptions from state statute or rule shall be determined on a case by case basis by the Commission. No exemption granted by the Commission will be considered as a precedent for any future exemption requests.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 20, 2004

TRD-200401187

Cynthia de Roch

General Counsel

Texas Building and Procurement Commission

Effective date: March 14, 2004

Proposal publication date: September 5, 2003

For further information, please call: (512) 463-4257

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