Part 5.
TEXAS BUILDING AND PROCUREMENT COMMISSION
Chapter 122.
FACILITIES PLANNING
Subchapter A. APPLICATION FOR STATE-LEASED OR OWNED FACILITIES
1 TAC §122.1, §122.2
The Texas Building and Procurement Commission (TBPC) adopts
the repeal of 1 TAC Chapter 122, Subchapter A, §122.1 and §122.2.
The repeal is adopted without changes to the proposal as published in the
November 11, 2005, issue of the
Texas Register
(30
TexReg 7323).
This repeal is adopted because a new Title 1, Chapter 122 was simultaneously
proposed in the November 11, 2005, issue of the
Texas Register
(30 TexReg 7324) and is being adopted elsewhere in
this issue. The new Chapter 122 revises the TBPC's space allocation program
rules to conform to 2005 legislative changes, reorganizes the sections for
enhanced clarity and ease of use, and emphasizes allocation of space in a
manner consistent with private sector standards and industry best practices.
These rules are being repealed to allow new rules to go into effect.
No comments were received regarding the repeals.
The repeals are adopted under Texas Government Code §2165.104(c)
authorizing the TBPC to adopt rules relating to the space allocation program.
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 December 23, 2005.
TRD-200506105
Ingrid Hansen
General Counsel
Texas Building and Procurement Commission
Effective date: January 12, 2006
Proposal publication date: November 11, 2005
For further information, please call: (512) 463-7829
1 TAC §§122.1 - 122.3
The Texas Building and Procurement Commission (TBPC) adopts
new Chapter 122, §§122.1 - 122.3, relating to space allocation with
changes to the proposed text as published in the November 11, 2005, of the
The new chapter revises the TBPC’s facilities planning program rules
to conform to 2005 legislative changes, reorganizes the sections for enhanced
clarity and ease of use, and emphasizes allocation of space in a manner consistent
with private sector standards and industry best practices.
SUMMARY OF AND RESPONSE TO COMMENTS. The TBPC received comments from the
Office of the Attorney General of Texas, the Texas Commission on Environmental
Quality, and the Texas Parks and Wildlife Department. Changes to the proposed
rules were made based on the comments. The TBPC appreciates the thoughtful
and helpful comments received from these entities.
As amended by the 79th Texas Legislature, Texas Government Code, §2165.104(c),
relating to space allocation, requires TBPC to allocate space to governmental
entities in a manner consistent with private sector standards and industry
best practices. Nothing in these rules shall be construed to alter, amend,
or modify the legal requirements in any statute or other regulations related
to space allocation.
§122.1.
One commenter asserted that the definitions of various levels of agency
staff contained in §122.1 may not be consistent with the organizational
structure of each agency and therefore do not address the amount of space
allocated in such instances. In addition, this commenter recognized that the
allocation of space to areas such as conference rooms, laboratories, and storage
is also not specifically addressed. No change to the proposed rules is necessary,
because the space allocation process, as established by new Chapter 122, allows
TBPC to assess individual agency space needs and to determine the appropriate
allocation of space in accordance with private sector standards and industry
best practices.
One commenter requested that the preliminary text establishing the scope
of application of the definitions contained in §122.1 be clarified and
that a definition be provided for the phrase, "General Space Allocation Guidelines."
TBPC has made the requested changes.
§122.2.
One commenter described the process detailed in §122.2 as logical,
efficient, and consistent with the best interest of state agency space utilization.
No change was necessary in response to this comment.
Another commenter noted that §122.2(b) was confusing due to references
to internal TBPC programs and operations and requested the provision be clarified.
As requested, TBPC has revised this language.
This commenter also found §122.2(c) could be read as implying TBPC
had sole discretion to determine space allocation, rather than requiring TBPC
to adhere to the statutory requirement of consistency with private sector
standards and industry best practices. To clarify its intent and to avoid
any confusion regarding its statutory authority, TBPC has deleted the reference
to sole discretion.
§122.3.
One commenter stated that §122.3 and the General Space Allocation
Guidelines appear to be more flexible and beneficial, enabling for a more
logical and systematic approach to evaluating individual agency space needs.
No change was necessary in response to this comment.
Another commenter correctly pointed out that, while §122.3 provides
for general space allocation waivers, it does not establish an appeal process.
TBPC agrees that an appeals process is appropriate and has revised Section
122.3 by adding subsection (g) which provides for an appeal to the Executive
Director and to the full Commission. Thus, state agencies will have the opportunity
to present their views and opinions to the highest level of decision making
at TBPC.
A third commenter also pointed out that §122.3(a) misstates the standard
as "most efficient manner possible," rather than the standard of "best and
most efficient possible" established by statute. In conformity with legislative
requirements and to minimize confusion, TBPC has added language accurately
stating the appropriate standard.
The commenter correctly stated that, although §122.3 refers to General
Space Allocation Guidelines, such guidelines are not incorporated into the
new Chapter 122. As requested, TBPC has included a definition of the phrase
"General Space Allocation Guidelines," in §122.1(11) which provides the
Internet address on TBPC’s web site where these guidelines may be referenced.
This commenter correctly stated that the language concerning the General
Space Allocation Guidelines, exceptions, and waivers could be reorganized
and simplified to enhance understanding. In particular, the commenter noted
that language contemplating a strict application of general guidelines appeared
inherently contradictory. TBPC has clarified this language, as requested,
by deleting the adjective "strict." TBPC has also reorganized §122.3(d)
- (g) to improve clarity.
TBPC has made other grammatical and word changes that do not affect the
substance of the proposed rules. TBPC has also made additional formatting
changes to enhance clarity and to provide additional ease of use.
The new rules are adopted pursuant to Texas Government Code §2165.104(c),
relating to facilities planning and space allocation. These rules incorporate
the statutory requirement that TBPC allocate space to governmental entities
in a manner consistent with private sector standards and industry best practices.
§122.1.Definitions.
The following words and terms, when used in this chapter and in studies
and reports conducted pursuant to Government Code, Chapter 2165, Subchapter
C, and General Space Allocation Guidelines, shall have the following meanings,
unless the context clearly indicates otherwise.
(1)
Administrative Support--Administrative support technicians,
aides, receptionists.
(2)
Agency Director--The highest-ranking executive officer
with full-time responsibility for the operations of the agency.
(3)
Agency Employee--The full-time equivalent (FTE) of a person
performing services on site under the direction of a state agency, including
hours worked by full-time employees, part-time employees, and consultant and
contract individuals as defined by the state auditor; including employees
paid from funds maintained outside the treasury and hours worked by volunteers
performing necessary services. Requests must include all contract and volunteer
employees' work-hours and functions.
(4)
Agency Site--A building or building complex on a single
site or under a single lease contract, where agency business is transacted
or services are provided.
(5)
Agency Space Allocation--The area assigned to an agency
calculated on the basis of Gross Area less the following areas:
(A)
Space designated and regularly used for public activities,
including ancillary space such as lobbies, corridors, toilet rooms and refreshment
areas associated with the public space. This does not include lobbies and
other space ancillary to space primarily intended for internal use by FTE's
in the course of interfacing with clients, or to accommodate occasional visits
by members of the public;
(B)
Vertical shafts or chases used for circulation (elevators
or stairs) or mechanical, electrical, telecommunication, or data cabling distributions;
(C)
Mechanical, electrical, telecommunication, and data cabling
rooms which house equipment serving more than a single tenant; and
(D)
Other areas which are not relevant to tenant agency functions.
(6)
Circulation Space--Percentage added to open or built-out
spaces to provide adequate egress within allocation.
(7)
Commission--The Texas Building and Procurement Commission.
(8)
Division Director--The secondary managerial level, deputy
directors, department directors who generally report to the agency director.
(9)
Facilities Request Portal--Central internet site where
application for all facilities-related work shall be requested. Services available
through the Facilities Request Portal include: leased or state owned space
assignments; space planning and feasibility studies; real estate market studies;
new construction; modifications and alterations of state owned and leased
facilities; exclusion requests for modifications to state owned or leased
facilities; inspections and surveys; and architectural/engineering services
or consultations. The internet address for the Facilities Request Portal is:
http://portal.tbpc.state.tx.us/fcsm/facilityfrontpage.asp.
(10)
File Areas--Open or built-out spaces containing active
vertical or lateral file cabinets required to be readily accessible for daily
agency operations. Closed files should be located in appropriate archival,
non-office, facilities.
(11)
General Space Allocation Guidelines--Guidelines used by
TBPC in analyzing agency needs and configuration and quantity of space. The
internet address for the General Space Allocation Guidelines is http://www.tbpc.state.tx.us/facplan/index.html.
(12)
Gross Area--Gross Floor Areas shall be the area within
the inside perimeter of the outside walls of the building with no deduction
for hallways, stairs, closets, interior wall thickness, columns, or other
features. When floors open to an atrium, the inside finished surface of the
walls enclosing the atrium shall be used in lieu of an outer building wall.
(13)
Office Machine Areas--Centrally located open or built-out
spaces for copiers, network printers, faxes, and/or scanners.
(14)
Professional/Manager--Attorneys, architects, engineers,
doctors, or third level managerial positions with supervisory responsibilities
who generally report to the secondary managerial level.
(15)
Space Allocation Ratio--The mathematical result of dividing
the occupying agency's Space Allocation by the total number of agency employees
per site.
(16)
Space Use Study--A study conducted by the commission to
determine space requirements for state agencies.
(17)
Special Areas--Spaces required for agency mission-specific
operations, such as clinical showers, evidence rooms, mechanized file systems,
public record review areas, video observation rooms, hearing rooms, centralized
computer network operation rooms, print shops, centralized supply cabinets,
and/or warehouse spaces exceeding 1,000 square feet of non-office space.
(18)
State Agency--A department, commission, board, office
of other agency in the executive branch of state government created by the
state constitution or a state statute; the supreme court, the court of criminal
appeals, a court of appeals, the Texas Judicial Council; and a university
system or an institution of higher education as defined by §61.003, Education
Code, except a public junior college.
(19)
Technician/Program Administrator--Staff positions with
technical, analytical or program administrative duties which may include fourth
level managerial duties.
(20)
Usable Office Space--That area of space as defined in
paragraph (5) of this section, computed by measuring from the finished surface
of the office side of a corridor and/or permanent wall, to the center of partitions
that separate interior spaces from adjoining Usable Areas, and the inside
finished surface of the dominant portion of the permanent outer building walls.
(21)
Waiver--TBPC's decision to allow more square feet for
an Agency Space Allocation than the General Space Allocation Guidelines provide.
§122.2.Requests for Allocation, Relinquishment, or Modification of Space in Facilities under the Commission's Control.
(a)
Requests for allocation, relinquishment, or modification
of space in facilities under the Commission's control shall be submitted via
the TBPC Facilities Request Portal by an authorized agency representative.
The internet address for the Facilities Request Portal is: http://portal.tbpc.state.tx.us/fcsm/facilityfrontpage.asp.
Requests shall include the following information:
(1)
Statement of justification including increased number of
FTEs and the name of the agency unit; inadequacy of current facilities; lease
expiration; and other reasons relevant to the request for facility space changes;
(2)
Certification that funds are authorized and available to
accomplish the requested action;
(3)
Identification of action requested including whether the
request adds, relinquishes, or modified state-owned space; and other reasons
relevant to the request;
(4)
Desired location including: location of current facility;
location of requested facility; or special needs relevant to the request;
(5)
Term of need to include: short-term (48 months or less)
or long-term (specify duration); date occupancy or action is needed; and other
critical schedule factors;
(6)
Present occupancy status of subject agency program describing
whether the unit is now housed in state-owned (name and address of facility),
state-leased, or not housed; present lease number; number of current FTEs
and agency's current square footage;
(7)
Special conditions related to critical agency functions
that require facility services beyond regular business hours, or other relevant
factors; and
(8)
Requesting agency contact and telephone and fax numbers
for agency program requiring space or modification.
(b)
The requesting agency shall work with TBPC to establish
space allocation standards for the agency’s particular tasks and functions.
(c)
The TBPC will grant or deny a request in writing. TBPC's
decision on the request is final.
§122.3.Space Allocation.
(a)
General. The TBPC is required to allocate space to state
agencies based on best space planning practices for specific functional needs
in the best and most efficient manner possible.
(b)
Applicability. Sections 122.1 - 122.3 of this title apply
to TBPC's actions under Government Code, Chapter 2165, Subchapter C and to
office space, warehouse space, laboratory space, storage space exceeding 1,000
gross square feet, boat storage space, certain aircraft hangar space, vehicle
parking space; and a combination of those types of space. These rules apply
whether the facility is state-owned or leased.
(c)
Exemptions. This section does not apply to:
(1)
residential space for Texas Health and Human Services Commission
or the Texas Youth Commission;
(2)
space utilized for less than one month for meetings, conferences,
seminars, conventions, displays, examinations, auctions, or similar purposes;
(3)
a site where it is not practical to apply this section
because there are too few employees or because of the need for a particular
type or use of the space;
(4)
radio antenna space;
(5)
district office space for members of the legislature;
(6)
residential property acquired by the Texas Department of
Housing and Community Affairs or the Texas State Affordable Housing Corporation;
or
(7)
classroom and instructional space except as provided by
Government Code §2167.007.
(d)
General Space Allocation Guidelines. Each request for allocation,
relinquishment or modification of agency space will be evaluated in Space
Use Study to determine functionally specific requirements. The Space Use Study
will be based on space allocation determined by space planning criteria and
design standards. Such criteria and standards shall relate directly to tasks
for which space is being allocated and shall be updated regularly to reflect
changes in best management practices, office equipment, personnel policies
and for consistency with private sector standards and industry best practices.
The TBPC may allocate usable office space in amounts greater than that provided
by the General Space Allocation Guidelines when:
(1)
particular agency tasks require a specific design response
not otherwise categorized;
(2)
application of the General Space Allocation Guidelines
to a given site is not practical; or
(3)
the best financial interest of the state allows for greater
space.
(e)
Waivers of General Space Allocation Guidelines. Waivers
may be granted where the agency is willing to accept different quality space
at less cost in exchange for a greater amount of space; or the agency will
accept space in a different location at a lower cost in exchange for a greater
amount of space; or there is less market flexibility in the market, as in
rural areas. Waivers may also be granted because of the particular needs of
the agency programs.
(f)
Request for Waiver. An agency request for a waiver from
General Space Allocation Guidelines must be submitted, in writing, and must:
(1)
describe the reason that the General Space Allocation Guidelines
are not practical for the particular needs of the agency at the particular
location; and
(2)
discuss the financial impact of the requested waiver.
(g)
Appeal of TBPC Space Allocation Determination. A state
agency may appeal TBPC’s space allocation determination by a written
request for review from the Executive Director, or equivalent position, of
the state agency to the Executive Director of the TBPC. The request must be
received at TBPC within 14 days of the state agency’s receipt of TBPC’s
space allocation decision. If the state agency is not satisfied with the decision
of the TBPC’s Executive Director, then the state agency may, within
14 days of the decision, request a review by the Commission at a scheduled
public meeting of the Commission.
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 December 23, 2005.
TRD-200506107
Ingrid Hansen
General Counsel
Texas Building and Procurement Commission
Effective date: January 12, 2006
Proposal publication date: November 11, 2005
For further information, please call: (512) 463-7829
Subchapter B. SPACE ALLOCATION
Chapter 122.
FACILITIES SPACE PLANNING
Chapter 122.
FACILITIES PLANNING