(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)The requesting agency shall not submit any specifications that would: (1)Unnecessarily limit meaningful competition for the requested space; (2)Unnecessarily increase the cost of the lease; (3)Exceed the authorized space limitations established by the Commission; or (4)Require more than is reasonably necessary to carry out the business mandated to the requesting agency. [(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 proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on April 18, 2008
TRD-200802019 Kay Molina
General Counsel
Texas Facilities Commission
Earliest possible date of adoption: June 1, 2008
For further information, please call: (512) 463-7220
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