Current through Reg. 49, No. 38; September 20, 2024
(a)
Commercial lease. A commercial lease may be executed for surplus real property
in accordance with Texas Health and Safety Code, §
RSA
533.084. A commercial lease may be executed
for nonsurplus real property in accordance with Texas Health and Safety Code,
§
RSA
533.087.
(1) A commercial lease proposal must be
submitted by the department or by the General Land Office for approval by the
Texas Mental Health and Mental Retardation Board (board).
(2) A commercial lease proposal must be
advertised in accordance with applicable state law. The advertisement must
summarize the lease proposal, state where a copy of the lease proposal and the
criteria for awarding the lease can be obtained, and provide the name and
address of a person to whom interested parties may submit bids for the
lease.
(3) The commissioner or
designee reviews any commercial lease bid received based upon whether the rent
meets or exceeds the prevailing rate established by the General Land Office,
the published criteria, and any other factors deemed appropriate for any or all
bids.
(4) The commissioner or
designee submits for board approval all bids meeting the published criteria
along with his or her recommended bid.
(5) Prior to the awarding any competitively
bid lease that has a term exceeding five years, the board must be apprised of
all bids received.
(6) The board
may reject any and all bids submitted by the commissioner or
designee.
(b) Public
benefit lease. A public benefit lease, as defined, may be executed for
nonsurplus real property in accordance with Texas Health and Safety Code,
§
RSA
533.087.
(1) Board's approval. The board may execute a
public benefit lease and may reduce the rent and/or waive advertising and
competitive bidding requirements.
(2) Commissioner's approval. The commissioner
is authorized to execute a public benefit lease and to reduce the rent and/or
waive advertising and competitive bidding requirements when:
(A) the duration of the proposed lease term
does not exceed five years; and
(B)
the prevailing market rate of the real property is less than $50,000.
(c) Proceeds. Proceeds
from all leases are deposited to the credit of the department in the Texas
capital trust fund and used in accordance with the Texas Health and Safety
Code, §
RSA
533.084(b), unless otherwise
provided for by state or federal law.
