1. (a) General. The TBPC is required to allocate space to state agencies based on best space planning practices for specific functional needs in the best and most efficient manner possible.
2. (b) Applicability. Sections 122.1 - 122.3 of this title apply to TBPC's actions under Government Code, Chapter 2165, Subchapter C and to office space, warehouse space, laboratory space, storage space exceeding 1,000 gross square feet, boat storage space, certain aircraft hangar space, vehicle parking space; and a combination of those types of space. These rules apply whether the facility is state-owned or leased.

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

   1. (1) residential space for Texas Health and Human Services Commission or the Texas Youth Commission;
   2. (2) space utilized for less than one month for meetings, conferences, seminars, conventions, displays, examinations, auctions, or similar purposes;
   3. (3) a site where it is not practical to apply this section because there are too few employees or because of the need for a particular type or use of the space;
   4. (4) radio antenna space;
   5. (5) district office space for members of the legislature;
   6. (6) residential property acquired by the Texas Department of Housing and Community Affairs or the Texas State Affordable Housing Corporation; or
   7. (7) classroom and instructional space except as provided by Government Code §2167.007.

4. (d) General Space Allocation Guidelines. Each request for allocation, relinquishment or modification of agency space will be evaluated in Space Use Study to determine functionally specific requirements. The Space Use Study will be based on space allocation determined by space planning criteria and design standards. Such criteria and standards shall relate directly to tasks for which space is being allocated and shall be updated regularly to reflect changes in best management practices, office equipment, personnel policies and for consistency with private sector standards and industry best practices. The TBPC may allocate usable office space in amounts greater than that provided by the General Space Allocation Guidelines when:

   1. (1) particular agency tasks require a specific design response not otherwise categorized;
   2. (2) application of the General Space Allocation Guidelines to a given site is not practical; or
   3. (3) the best financial interest of the state allows for greater space.
5. (e) Waivers of General Space Allocation Guidelines. Waivers may be granted where the agency is willing to accept different quality space at less cost in exchange for a greater amount of space; or the agency will accept space in a different location at a lower cost in exchange for a greater amount of space; or there is less market flexibility in the market, as in rural areas. Waivers may also be granted because of the particular needs of the agency programs.

6. (f) Request for Waiver. An agency request for a waiver from General Space Allocation Guidelines must be submitted, in writing, and must:

   1. (1) describe the reason that the General Space Allocation Guidelines are not practical for the particular needs of the agency at the particular location; and
   2. (2) discuss the financial impact of the requested waiver.
7. (g) Appeal of TBPC Space Allocation Determination. A state agency may appeal TBPC's space allocation determination by a written request for review from the Executive Director, or equivalent position, of the state agency to the Executive Director of the TBPC. The request must be received at TBPC within 14 days of the state agency's receipt of TBPC's space allocation decision. If the state agency is not satisfied with the decision of the TBPC's Executive Director, then the state agency may, within 14 days of the decision, request a review by the Commission at a scheduled public meeting of the Commission.

Source Note:The provisions of this §122.3 adopted to be effective January 12, 2006, 31 TexReg 101.