1. (a) The Texas Government Code, Title 10, Subtitle D, §2165.104 requires the commission to allocate space to state agencies in the best and most efficient manner possible. In addition, the commission may not allocate space to a state agency under Articles I, II, V, VI, VII, and VIII of the General Appropriations Act, or other specified state agency that exceeds an average of 153 usable square feet of office space for each agency employee for each agency site.
2. (b) For the purpose of calculating the space allocation ratio at a particular site: all offices, workstations, workspaces, storage spaces, support spaces, and circulation spaces within the agency's usable square-footage shall be included except that type of space listed in subsections (d) and (e) of this section.
3. (c) This section applies to the use of state-leased and owned office facilities obtained through the commission.

4. (d) This section does not apply to:

   1. (1) agency sites where 15 or fewer employees are located;
   2. (2) aircraft hangar, associated storage and administrative space;
   3. (3) printing and reprographic plant and associated storage and administrative space;
   4. (4) radio antenna space;
   5. (5) boat storage space;
   6. (6) vehicle parking space;
   7. (7) residential space for a Texas Department of Mental Health and Mental Retardation program;
   8. (8) residential space for a Texas Youth Commission program;
   9. (9) space to be utilized for less than one month for meetings, conferences, seminars, conventions, displays, examinations, auctions, or similar purposes;
   10. (10) warehouse space;
   11. (11) scientific, audio visual, or photographic (darkroom) laboratory space;
   12. (12) contiguous storage (non-office) space exceeding 1,000 usable square feet;
   13. (13) hearing rooms required to conduct hearings required under the Administrative Procedure Act, Texas Government Code, Chapter 2001;
   14. (14) law or public access library space;
   15. (15) records storage or archives (non-office) space; or
   16. (16) hospital or clinic and associated administrative space.

5. (e) the following types of requested space uses will be excluded by the commission from calculation of the space allocation ratio when clearly enumerated and justified as described below:

   1. (1) consolidated statewide or regional space uses:

      1. (A) computer or telecommunication operations centers when request includes network and connectivity diagram showing service locations, agencies, and programs;
      2. (B) full-time training centers when request includes relevant agency programs, and corresponding state or federal mandates;
      3. (C) conference rooms shared by different agencies when request includes signatory acknowledgment of participant agencies;

   2. (2) health and human service direct delivery client service space uses:

      1. (A) rehabilitation workshops;
      2. (B) public client waiting areas;
      3. (C) client training classrooms when request includes relevant agency programs' corresponding state or federal mandates;
      4. (D) space provided to itinerant staff of another agency at client-service locations when request includes signatory acknowledgment of participant agencies;
      5. (E) playrooms;
      6. (F) employment resource rooms when request includes corresponding state or federal mandate;
      7. (G) observation rooms in clinical or protective services offices;
      8. (H) Sunshine or Bridge rooms in protective services offices;
      9. (I) medical examination rooms and clinical laboratories of the Department of Health;
      10. (J) storage areas for pharmaceuticals, medical supplies, or client equipment and appliances;
   3. (3) cafeterias;
   4. (4) shared conference rooms scheduled by the commission or by commission delegated agencies;
   5. (5) telephone or data (LAN, local area network) closets;
   6. (6) trial preparation rooms and litigation file rooms at litigation offices of the attorney general;
   7. (7) testing areas and public waiting areas at Department of Public Safety driver license offices;
   8. (8) public client waiting areas; and
   9. (9) a pro rata share of internal circulation space associated with excluded uses at the site.

6. (f) Variances or Waivers of allocation limits: Any agency request for more than 153 square feet of net usable space per agency employee at a particular site must be must be submitted to the commission demonstrating conformance with one of the criteria in subsection (g) of this section.

   1. (1) Each request must be signed by the agency head and the chairman of the agency's governing body (if any). This authority may not be delegated within the requesting agency.
   2. (2) The commission will grant or deny a request in writing.
   3. (3) Requests granted or denied by the commission may be provided to the Legislative Budget Board, the Governor's Budget and Planning Office, and the chairman of the House Appropriations Committee.

7. (g) The commission may allocate usable office space in excess of 153 square feet per agency employee, if the commission determines that:

   1. (1) based upon a Space Use Study conducted by the commission, a particular type of space should be excluded;
   2. (2) a strict application of the standard to a given site would unavoidably and critically impair an agency's functions;
   3. (3) it is in the best financial interest to the state to do so;
   4. (4) the number of persons routinely working in a space is substantially different from the agency employee calculation;
   5. (5) a request is consistent with an agency's plan previously accepted by the commission for implementation of this rule;
   6. (6) an emergency lease is necessary to provide facilities in the best interest of the state and strict compliance would unavoidably and critically impair an agency's functions;
   7. (7) a negotiated lease with a political subdivision is in the best interest of the State and strict compliance would unavoidably and critically impair an agency's functions; or
   8. (8) a negotiated lease in the absence of competition is in the best interest of the State and strict compliance would unavoidably and critically impair an agency's functions.

Source Note:The provisions of this §122.3 adopted to be effective November 21, 1999, 24 TexReg 10040.