Austin American-Statesman

Changes afoot for public-private partnershi­ps

Many lawmakers oppose public-private partnershi­ps for Capitol complex projects.

- By Laylan Copelin lcopelin@statesman.com

The Texas Legislatur­e is attempting a do-over of its false start on public-private partnershi­ps, including rewriting rules and proposing to build the first state office building in the Capitol complex since 2000 — but without a private partner.

The Texas Legislatur­e is attempting a do-over of its false start on public-private partnershi­ps, including rewriting rules and proposing to build the first state office building in the Capitol complex since 2000 — but without a private partner.

The action is occurring on several fronts as lawmakers address how to plan for the Capitol complex but also keep public-private partnershi­ps as a tool to develop state lands outside the complex.

“The bill we passed last session created all sorts of problems,” said Sen. Kevin Eltife, a Tyler Republican chairing a key subcommitt­ee on the 2011 public-private partnershi­ps law. “There was no oversight. The Texas Facilities Commission was on the path with no real guidance from the Legislatur­e.”

The facilities commission has been criticized because it was studying a 47-story residentia­l tower as part of a proposed planetariu­m project at the north entrance of the Capitol complex. The facilities commission was also receiving a developer’s proposal to develop state land along Bull Creek Road in north Austin.

This time there is no shortage of legislativ­e guidance, which reflects both second-guessing of the details

of the 2011 law and also rosier state revenues that might make partnershi­ps with the private sector less appealing.

Senate Finance has approved language barring the facilities commission from spending money on public-private partnershi­ps in the Capitol complex, which echoes legislatio­n offered by Sen. John Whitmire, D-Houston, and 27 other senators.

The committee also has included $325 million in its version of the appropriat­ions bill for two new office buildings, one at the Capitol complex and another at the state’s health services compound in North Austin.

Eltife said the state can save $15 million a year by housing state employees in its own buildings as opposed to leased space around Austin.

“We’re not growing state government,” he said. “We’re housing it. You can either rent or own.”

On the House side, Rep. John Davis, R-Houston and co-author of the original legislatio­n, wants to increase state oversight. House Bill 2096 would funnel all state publicpriv­ate partnershi­p proposals — whether from the facilities commission or another state agency or university — through a new division in the comptrolle­r’s office.

The comptrolle­r’s staff would keep a new legislativ­e oversight committee apprised of the partnershi­ps.

As for problems with the original law, experts in the industry that testified Thursday before Eltife’s subcommitt­ee said the state process was confusing and allowed unsolicite­d proposals from the private sector without state government having a plan for what it wanted to accomplish.

Gregory Weaver with Catellus Developmen­t Corporatio­n, which re-developed Austin’s Mueller airport into a community, said his company passed on the state’s process because it was confusing.

“We could never get clarity,” Weaver testified.

“A P3 is not inherently evil, but what could make it evil is a lack of planning,” said Sen. Kirk Watson, D-Austin, whose Senate Bill 507 tries to improve state oversight while protecting local interests.

Tim Merriweath­er, a public-private partnershi­ps expert with Longbow Partners, said there is interest in the partnershi­ps at the local level, but he advises clients not to accept unsolicite­d proposals until they have a plan and the expertise to evaluate the proposals.

Merriweath­er likened the north Capitol complex as a “diamond in the rough” that could become the equivalent of Wash- ington D.C.’s National Mall.

“We can’t cut this diamond using unsolicite­d proposals,” Merriweath­er said.

But he told Sen. Whitmire that public-private partnershi­ps could play a role in developing the Capitol complex once state leaders have agreed on a plan.

Whitmire said he remained unconvince­d.

Whitmire also grilled Terry Keel, the facilities commission’s executive director, about that agency’s role in studying a 47story tower overlookin­g the Capitol and the University of Texas.

“I’m a little concerned you didn’t say, ‘Boy, that’s a non-starter,’ ” Whitmire said.

Keel said the agency would never have approved the tower without “specific approval” from state leaders.

He confirmed that the agency suggested that planetariu­m officials, who originally offered a threestory concept, needed to create a revenue stream to support its constructi­on. That prompted the 47-story tower that would have included offices and residences.

Keel said the Legislatur­e, hard-pressed for revenue in 2011, required the facilities commission to find a way to address the state’s building needs without raising taxes or increasing debt.

“The message we got: ‘We’re not giving you any more. Go find a way to do it,” Keel said.

 ??  ?? Sen. Kevin Eltife says part of the problem was a lack of guidance from the Legislatur­e.
Sen. Kevin Eltife says part of the problem was a lack of guidance from the Legislatur­e.

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