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, the Texas Higher Education Coordinating Board, the Texas Education Agency, the State Board of Educator Certification, the Office of Court Administration of the Texas Judicial System, or other specified state agency in an amount in which the Space Allocation Ratio exceeds 135 square feet.
2. (b) This section applies to the use of state-leased and owned office facilities obtained and/or managed through the commission.

3. (c) This section does not apply to:

   1. (1) residential space for a Texas Department of Mental Health and Mental Retardation program;
   2. (2) space to be utilized for less than one month for meetings, conferences, seminars, conventions, displays, examinations, auctions, or similar purposes;
   3. (3) an agency site at which it is not practical to apply this section, as determined by the commission; or
   4. (4) an Agency site at which it is not practical to apply this section because of the site type of space or use of space, as determined by the commission.

4. (d) Variances or Waivers of allocation limits: Any agency request, the result of which would be a Space Allocation Ratio in excess of 135 square feet, must be submitted to the commission demonstrating conformance with one of the criteria in subsection (e) of this section.

   1. (1) Each request must be signed by the agency head and the chairman of the agency's governing body.
   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, the chair of the Senate Finance Committee and the chair of the House Appropriations Committee.

5. (e) The commission may allocate usable office space in excess of 135 square feet per agency employee, if the commission determines that:

   1. (1) upon 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 is not practical; or
   3. (3) is in the best financial interest of the state to do so.

Source Note:The provisions of this §122.3 adopted to be effective November 21, 1999, 24 TexReg 10040; amended to be effective March 14, 2004, 29 TexReg 2295.