1-1  By:  Luna                                              S.B. No. 831
    1-2        (In the Senate - Filed February 28, 1995; March 1, 1995, read
    1-3  first time and referred to Committee on State Affairs;
    1-4  March 20, 1995, reported favorably, as amended, by the following
    1-5  vote:  Yeas 11, Nays 0; March 20, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                            By:  Wentworth
    1-7  Amend S.B. No. 831 in SECTION 1 by striking the last sentence of
    1-8  proposed Section 2 of Article 6673a-3, Vernon's Texas Civil
    1-9  Statutes (page 1, lines 14-18, introduced version; page 1, lines
   1-10  34-38, committee printing), and substituting:  "The department
   1-11  shall charge, as a minimum, fair market value, with certain
   1-12  exceptions to be determined by the department for:
   1-13              (1)  leases of highway assets to public utility
   1-14  providers;
   1-15              (2)  leases <and> for social, environmental, and
   1-16  economic mitigation purposes; and
   1-17              (3)  a lease to an institution of higher education, as
   1-18  defined by Section 61.003, Education Code, for purposes of the
   1-19  institution."
   1-20                         A BILL TO BE ENTITLED
   1-21                                AN ACT
   1-22  relating to the lease of property by the Department of
   1-23  Transportation for educational purposes.
   1-24        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-25        SECTION 1.  Section 2, Chapter 757, Acts of the 70th
   1-26  Legislature, Regular Session, 1987 (Article 6673a-3, Vernon's Texas
   1-27  Civil Statutes), is amended to read as follows:
   1-28        Sec. 2.  AUTHORITY TO LEASE.  The department may lease for
   1-29  any purpose not inconsistent with applicable highway uses any
   1-30  highway asset, part of the right-of-way for, or the airspace above
   1-31  or underground space below, a highway that is a part of the state
   1-32  highway system if the department has determined that the area to be
   1-33  leased will not be needed for highway purposes during the period of
   1-34  the lease.  The department shall charge, as a minimum, fair market
   1-35  value, with certain exceptions to be determined by the department
   1-36  for leases of highway assets to public utility providers and for
   1-37  social, environmental, educational, and economic mitigation
   1-38  purposes.
   1-39        SECTION 2.  The importance of this legislation and the
   1-40  crowded condition of the calendars in both houses create an
   1-41  emergency and an imperative public necessity that the
   1-42  constitutional rule requiring bills to be read on three several
   1-43  days in each house be suspended, and this rule is hereby suspended,
   1-44  and that this Act take effect and be in force from and after its
   1-45  passage, and it is so enacted.
   1-46                               * * * * *