SECTION 116.12. Delegated Authority for Facilities Management

(a) Requests for delegated facilities management authority for state-leased and owned facilities under the Commission's control shall be made in writing by the requesting agency.

(1) Requests shall provide the following information:

(A) Statement of justification that addresses staff (enumerate number of FTEs and agency unit), inadequacy of current services, and anticipated cost-savings.

(B) Written certification that funds are authorized and available to accomplish the requested action.

(C) Identification of the services the request applies to and any related service contracts.

(D) The location of the facilities subject to the request including street address and zip code.

(E) Term of the application: short-term (48 months or less) or long-term (specify duration), requested effective date, and other factors the applicant deems are critical.

(F) Special conditions related to agency functions that require facility services beyond regular business hours.

(G) Requesting agency contact, telephone and fax numbers.

(2) The Commission will grant or deny a request in writing.

(b) The Commission may delegate facilities management responsibilities in facilities or associated parking facilities for which the Commission is responsible for providing management services in accordance with the Texas Government Code.

(c) Any delegated authority granted by the Commission in relation to facilities management services may be revoked in writing at the discretion of the Commission. The facility management responsibility shall revert to the Commission or its designee. In the event that the delegated authority is revoked, monies appropriated to and/or available for facility management services by an occupying agency shall be transferred to the Commission for management of said facilities.

(d) Any occupying agency granted delegated facility management authority shall be required to use the Commission's facilities management software, including but not limited to, facilities cost accounting, repair requests and tracking, contract tracking, utility management, etc.

(e) Occupying agency granted delegated authority shall submit a report to the Commission by October 1st of each year detailing all costs and expenditures related to each facility managed by designated agency. Failure to submit required reports shall result in revocation of delegated authority.

(f) Reports provided by occupying agencies granted delegated authority shall be reviewed, compiled and submitted to the Legislative Budget Board and the Governors Budget Office.

(g) At any time subsequent to the delegation permitted under this section, the Commission may inspect any facility and may require enhancement changes, including but not limited to, cost savings, life-safety, cleanliness, structural, contractual, regulatory matters, space utilization, utilities, signage, security, accessibility, smoking, energy management and efficiency, telecommunication, indoor air quality, janitorial, recycling, renovations, cabling, and grounds maintenance.

Source Note: The provisions of this §116.12 adopted to be effective March 14, 2004, 29 TexReg 2619