SECTION 115.21. Determination of Idle Capacity or Idle Facilities

(a) Prior to requesting that the Commission cancel a lease due to lack of funding, the governmental agency shall determine that it occupies idle facilities or has idle capacity due to one of the following factors:

(1) changes in program requirements;

(2) the implementation of changes that result in a reduction in staff;

(3) consolidation of office or building space to achieve cost efficiencies;

(4) a change in client demographics resulting in the need to relocate staff to other locations; or

(5) efforts to achieve more economical operations, reorganization, termination, or other causes which could not have been reasonably foreseen.

(b) Upon furnishing a written determination that the governmental agency occupies idle facilities or has idle capacity based upon the factors set out in subsection (a) above to the Commission, a lease may be considered for cancellation by the Commission upon request by a governmental agency.

Source Note: The provisions of this §115.21 adopted to be effective October 3, 2016, 41 TexReg 7709