BILL ANALYSIS



H.B. 2853
By: Naishtat
4-11-95
Committee Report (Unamended)


BACKGROUND

Legislation was passed during the 73rd Regular Session to provide
for certain security devices on rental property.  The sponsors of
this bill intended to exempt all college and university housing
from the requirements of this act.  Unfortunately, the exemption
has been questioned due to a drafting error.  Section 92.152(a),
Property Code, refers to "a public or private college or university
accredited under Section 61.003, Education Code".  However, Section
61.003(13) defines accrediting agencies rather than accredited
institutions.

PURPOSE

This bill perfects the exemption by properly citing the definitions
of the Education Code.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.     Amends Section 92.152(a), Property Code, by adding
               language that correctly refers to the definition in
               Section 61.003, Education Code, and, thereby,
               properly exempts college and university housing
               from the provisions of Chapter 92, Subchapter D,
               Property Code.

SECTION 2.     Emergency Clause.


SUMMARY OF COMMITTEE ACTION

H.B. 2853 was considered by the Business and Industry Committee in
a public hearing on April 11, 1995.  The following witnesses
testified in favor of H.B. 2853:  Hannah Riddering, representing
Texas National Organization for Women; Norman Hood, representing
Independent Colleges and Universities of Texas.  H.B. 2853 was
reported favorably without amendment, with the recommendation that
it do pass and be printed and be sent to the Committee on Local and
Consent Calendars, by a record vote of 8 (eight) ayes, 0 (zero)
nays, 0 (zero) present-not-voting, 1 (one) absent.