(a) General. The Commission 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.
(b) Applicability. Sections 122.1 - 122.3 of this chapter apply to TFC's actions under Texas Government Code, Chapter 2165, Subchapter C and property subject to that subchapter, as outlined in Texas Government Code, §2167.001.These rules apply whether the facility is state-owned or leased.
(c) General Space Allocation Guidelines. Each request for allocation, relinquishment or modification of agency space will be evaluated in a Space Use Study to determine specific functional 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. TFC may allocate usable office space in amounts greater than that provided by the General Space Allocation Guidelines when:
  (1) particular agency tasks require a specific design response not otherwise categorized;
  (2) application of the General Space Allocation Guidelines to a given site is not practical; or
  (3) the best financial interest of the state allows for greater space.
(d) Waivers of General Space Allocation Guidelines. Waivers may be granted where the tenant agency is willing to accept different quality space at less cost in exchange for a greater amount of space; or the tenant 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.
(e) Request for Waiver. An agency request for a waiver from General Space Allocation Guidelines must be submitted, in writing, and must:
  (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) discuss the financial impact of the requested waiver.
(f) Appeal of TFC Space Allocation Determination. A state agency may appeal TFC'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 TFC. The request must be received at TFC within 14 days of the state agency's receipt of TFC's space allocation decision. If the state agency is not satisfied with the decision of the TFC'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; amended to be effective June 10, 2008, 33 TexReg 4501