Tex. Gov't Code Section 2165.2035
Lease of Space in State-owned Parking Lots and Garages; Private Commercial Use


(a)

In this section, “lease” includes a management agreement.

(b)

The commission shall develop private, commercial uses for state-owned parking lots and garages located in the city of Austin at locations the commission determines are appropriate for commercial uses outside of regular business hours.

(c)

The commission may contract with a private vendor to manage the commercial use of state-owned parking lots and garages.

(d)

Money received from a lease under this program shall be deposited to the credit of the general revenue fund.

(d-1)

From the money received under Subsection (d), an amount equal to the costs associated with the lease of state parking lots and garages, including costs of trash collection and disposal, grounds and other property maintenance, and the remedying of any damage to state property, may be appropriated only to the commission to pay those costs.

(e)

On or before December 1 of each even-numbered year, the commission shall electronically submit a report to the legislature and the Legislative Budget Board describing the effectiveness of the program under this section.

(f)

The limitation on the amount of space allocated to private tenants prescribed by Section 2165.205 (Limitations on Amount, Location, and Use of Leased Space)(b) does not apply to the lease of a state-owned parking lot or garage under this section.

(g)

Any lease of a state-owned parking lot or garage under this section must contain a provision that allows state employees who work hours other than regular working hours under Section 658.005 (Regular Office Hours for State Employees) to retain their parking privileges in a state-owned parking lot or garage. Such a lease must also provide that any state employee showing a State of Texas employee identification card is permitted to park in any state-owned parking lot or garage free of charge after normal business hours and on weekends. The foregoing provision does not apply to a lease to an institution of higher education under which all spaces in a parking lot or garage are leased for a time certain if parking in an alternate state-owned parking lot or garage is available to state employees.

(h)

Nonprofit, charitable, and other community organizations may apply to use state parking lots and garages located in the city of Austin in the area bordered by West Fourth Street, Lavaca Street, West Third Street, and Nueces Street free of charge or at a reduced rate. The executive director of the commission shall develop a form to be used to make such applications. The form shall require information related to:

(1)

the dates and times of the free use requested;

(2)

the nature of the applicant’s activities associated with the proposed use of state parking lots and garages; and

(3)

any other information determined by the executive director of the commission to be necessary to evaluate an application.

(i)

To be considered timely, an application must be submitted at least one month before the proposed use, unless this provision is waived by the executive director of the commission.

(j)

The executive director of the commission may approve or reject an application made under Subsection (h).
Added by Acts 2003, 78th Leg., ch. 309, Sec. 3.01, eff. June 18, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 1183 (S.B. 1533), Sec. 1, eff. June 18, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 910 (S.B. 1068), Sec. 1, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1153 (S.B. 211), Sec. 10, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(23), eff. September 1, 2013.

Source: Section 2165.2035 — Lease of Space in State-owned Parking Lots and Garages; Private Commercial Use, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­2165.­htm#2165.­2035 (accessed Jun. 5, 2024).

2165.001
Custodianship of State Property
2165.002
Exceptions to Commission Charge and Control
2165.003
Allocation of Space Affecting Legislature
2165.004
Lease of Space to Public Tenants in Certain State-owned Buildings
2165.005
Naming of State Buildings
2165.007
Facilities Management Services
2165.008
Temporary Use of State Building or Grounds by Television or Film Production Company
2165.009
Energy-efficient Light Bulbs in State Buildings
2165.0011
Definition
2165.0012
Authority to Adopt Rules
2165.051
Inspection of State Property
2165.052
Repair and Improvement of State Buildings
2165.053
Maintenance of Sewers and Utility Conduits
2165.054
Plans of Public Buildings
2165.056
Powers in Relation to Other Agency Property
2165.057
Management of Facilities
2165.058
Vending Machines
2165.0065
Display of Honor and Remember Flag
2165.101
Applicability of Subchapter
2165.102
Commission Standards for Space
2165.103
Child Care Facility Standards
2165.104
Space Use Study
2165.105
State Agency Request for Space
2165.106
Sharing Space
2165.107
Preferences in Assigning Space
2165.108
Rules
2165.151
Authority to Lease Public Grounds
2165.152
Lease of Building Space Not Affected
2165.153
Advertisement of Lease Proposals
2165.155
Approval by Attorney General
2165.156
Deposit of Lease Proceeds
2165.157
Forms, Rules, and Contracts
2165.158
Rejection of Bids
2165.201
Purpose of Subchapter
2165.202
Applicability
2165.203
Lease
2165.204
Lease of Space in State-owned Parking Lots and Garages
2165.205
Limitations on Amount, Location, and Use of Leased Space
2165.206
Lease of Space for Child Care Facility
2165.207
Method of Selecting Tenant
2165.208
Utilities and Custodial Services
2165.209
Subleases and Assignments
2165.210
Refusal to Lease Space or Permit an Activity
2165.211
Use of Lease Proceeds
2165.212
Vending Facilities
2165.213
Ad Valorem Taxation
2165.214
Preference in Leasing to Certain Existing Vending Facilities
2165.215
Purchase of Building Subject to Existing Leases
2165.251
Buildings Allocated to Legislative Use
2165.252
Texas Judicial Complex
2165.253
Use of Room in State Capitol Building
2165.254
State Capitol Building: Safe Place for Runaway Youth Designation
2165.255
Consent of Legislature Required for Construction on State Capitol Grounds
2165.256
State Cemetery and Other Burial Grounds
2165.258
Office Space for Department of Public Safety
2165.259
Capitol Complex
2165.260
Texas Mall Area Vendor Permit
2165.261
Property Purchases and Construction Projects by Self-directed Semi-independent Agencies
2165.301
Definitions
2165.303
Air Monitoring Related to Asbestos Abatement
2165.305
Educational Seminar on Indoor Air Quality
2165.351
Definitions
2165.352
Commission Review Guidelines and Policies
2165.353
Qualifying Project Fees
2165.354
Initial Review of Qualifying Project Proposal
2165.355
Initial Public Hearing on Qualifying Project Proposal
2165.356
Submission of Qualifying Project Contract to Contract Advisory Team
2165.357
Prohibited Employment of Commission Employee
2165.401
Purpose
2165.402
Definition
2165.403
Deferred Maintenance Fund Account
2165.404
Joint Oversight Committee on Government Facilities
2165.451
Applicability
2165.452
Temporary Secure Weapon Storage
2165.453
Self-service Weapon Lockers for Temporary Secure Storage
2165.454
Temporary Secure Weapon Storage Administered by Agency Employee
2165.455
Fees
2165.456
Unclaimed Weapons
2165.1061
Space Allocation Plans
2165.2035
Lease of Space in State-owned Parking Lots and Garages
2165.2045
Lease of Space in State-owned Parking Lots and Garages
2165.2046
Reports on Parking Programs
2165.2561
State Cemetery Committee
2165.2565
State Cemetery Preservation Trust Fund
2165.3561
Municipal Project

Accessed:
Jun. 5, 2024

§ 2165.2035’s source at texas​.gov