The General Services Commission proposes new Title 1, TAC, Chapter 115, Subchapter A--State Leased Property, §§115.1 - 115.11, concerning the Facilities Leasing Program. The new rules are proposed in accordance with Senate Bill 311 (SB 311), Article 10, 77th Legislature (2001) which added language concerning the best value standard for lease space; use of private firms to obtain space; and reporting requirement on state agencies noncompliant with leasing requirements. The proposed new rules will also replace obsolete language found in the proposed repealed rules for Title 1, TAC, Chapter 115, §§115.1 - 115.10 that are being published simultaneously in this publication of the Texas Register.

John Davenport, Director of Facilities Construction and Space Management, has determined for the first five year period the new rules are in effect, there will be no fiscal implication for the state or local governments as a result of enforcing or administering these new rules.

Mr. Davenport has further determined that for each year of the first five-year period the new rules are in effect, the public benefit anticipated as a result of enforcing these rules will be reduced life cycle costs for leased space and on time delivery of space, which should also result in lower costs for space. There will be no effect on large, small or micro-businesses. There is no anticipated economic costs to persons who are required to comply with these rules and there is no impact on local employment.

Comments on the proposal may be submitted to Juliet U. King, Acting General Counsel, General Services Commission, P.O. Box 13047, Austin, Texas 78711-3047. Comments must be received no later than 30 days from the date of publication of the proposal in the Texas Register.

New Title 1, Part 5, TAC, Chapter 115 is proposed under the authority of the Texas Government Code, Title 10, Subtitle D, §§2152.003, 2165.004, 2167.004 (amended by SB 311, §10.04, 77th Legislature (2001)), 2167.008, 2167.052 (amended by SB 311, §10.05, 77th Legislature (2001)), 2167.0541 (new by SB 311, §10.08, 77th Legislature (2001)), and 2167.105 (new by SB 311, §10.10, 77th Legislature (2001)) which provides the General Services Commission with the authority to promulgate rules necessary to implement the sections.

The following code is affected by these rules: Government Code, Title 10, Subtitle D, Chapters 2165, §2165.004; and Subchapter E, §§2165.201 - 2165.215; and Chapter 2167; and SB 311, Article 10, 77th Legislature (2001)