The Texas Facilities Commission (the "Commission") adopts amendments to §§115.1 - 115.3, 115.8, and 115.10 which governs leasing facilities for the use and benefit of state agencies; and adopts new §115.13, entitled Best Value Guidelines, which establishes guidelines for determining best value in procurement of leased space. Section 115.8 and new §115.13 are adopted with changes to the proposed text, as published in the May 2, 2008, issue of the Texas Register (33 TexReg 3503). The amendments to §§115.1 - 115.3 and 115.10 are adopted without changes to the proposed text and that text will not be republished.

The amendments update references to the Commission's agency name; delete definitions that are no longer in use in this chapter; and correct typographical errors, including reformatting. In addition, the amendments relate to state agency requests for lease space when state-owned space is not available. Furthermore, a new §115.13 establishes guidelines to evaluate proposed lease properties and identify the best value to the State of Texas.

Section 115.1 defines terms used in this chapter. Section 115.2 establishes prerequisites to leasing space, such as state agency requests for lease space and certification of availability of funds. Section 115.3 specifically addresses requests for leasing space by Health and Human Services Commission agencies. Section 115.8 imposes certain requirements on private firms used by the Commission to obtain lease space, including disclosure of any potential conflicts of interest. Section 115.10 discusses tenant agency responsibilities and reporting with respect to leased space. Also, pursuant to statutory rulemaking requirements, a new §115.13, entitled Best Value Guidelines, is added to outline in greater detail the factors considered when the Commission evaluates responses to solicitations associated with the procurement of lease space for the use and benefit of state agencies under Texas Government Code, Chapter 2167 and makes a best value determination on which a solicitation award is based. The Commission makes corrections to the typographical errors found in §115.13(b)(7) by adding the word "of" between the words "security" and "premises"; and in §115.13(c) the word "file" is added between the words "lease" and "of" in the last sentence.

The comment period ended June 2, 2008. One informal comment was received in regards to typographical errors. The Commission agrees and will make the necessary changes to §115.13(b)(7) and §115.13(c).

The amendments and new section are adopted under the Texas Government Code, §2167.0021(b) (Vernon 2000) and §2167.008 (Vernon Supp. 2007), which requires the Commission to adopt rules establishing guidelines to determine best value in lease transactions and to adopt rules necessary to the administration of Commission duties related to State leases.