SLC C.S.H.B. 1961 75(R)BILL ANALYSIS


LAND & RESOURCE MANAGEMENT
C.S.H.B. 1961
By: Howard
4-15-97
Committee Report (Substituted)



BACKGROUND 

Fort Bend County is one of the fastest-growing counties in the nation and
therefore has a high demand for higher education.  In response to requests
from local governments and businesses, the University of Houston System
established the University of Houston System at Fort Bend, a
multi-institutional teacher center in partnership with Houston Community
College and Wharton County Junior College.  Classes began in the summer of
1996 with 400 students, increasing to 1,000 students for the spring
semester.  The center occupies space rented from Wharton County Junior
College in Sugar Land.  The George Foundation has already contributed $1
million toward construction of a permanent facility. 

The Texas Department of Transportation (TxDOT) owns land which is
perfectly suited for a university campus.  Further, the City of Sugar Land
hopes to create a regional park fronting the Brazos River on a portion of
the land. 

TxDOT also owns a small piece of surplus property that is affected by the
construction of state highway 35 abutting the University of Houston. 

PURPOSE

HB 1961 will convey land in Fort Bend county from the Texas Department of
Transportation to the University of Houston System and the City of Sugar
Land and to convey land in Harris County to the University of Houston
System. 

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.
  
 (a) States that the Texas Legislature finds that the transfer of property
from TXDOT to the Board of Regents of the University of Houston System as
described by this section is in the public interest and serves a public
purpose of the state.  The subsection goes on to list several public
purposes. 

 (b) Requires the Texas Department of Transportation to convey land to the
University of Houston System by October 31, 1997. 
 
 (c) Requires transfer by appropriate instrument.
 
 (d) States that the transfer must include a provision that: 

  (1) requires the Board of Regents of the University of Houston System:

   (A) to use the property only for higher education purposes; or
    (B) to exchange the property for another parcel of property that is
more   suitable for use for higher education purposes and to use property
only for higher   education purposes; and 

  (2) states that ownership of the property will automatically revert to
TXDOT if  this provision is violated. 
 
 (e) Describes the land to be transferred.

SECTION 2.
 
 (a)  States that the legislature finds that the transfer of property from
TXDOT to the City of Sugar Land is in the public interest and serves a
public purpose of the state.  This section also lists several public
purposes. 


  (b) Requires the Texas Department of Transportation to convey land to
the City of Sugar  Land by October 31, 1997. 
 
 (c) Requires transfer by appropriate instrument.
 
 (d) States that the transfer must include a provision that requires the
City of Sugar Land to use the property in certain ways.  This section also
states that ownership of the property will revert back to TXDOT if the
property is used for purposes other than those described in this
subsection. 
 
 (e) Describes the land to be transferred.

SECTION 3. Emergency clause.


COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 1961 adds new language in  subsections (a) contained in both SECTION
1 and SECTION 2 that states that the Legislature finds that these
transfers of property from TXDOT is in the public's interest and serves a
public purpose.  This new language sets forth the public purposes the
transfers serve.  The original legislation did not contain these
provisions.   

CSHB 1961 adds new subsections (d) in both SECTION 1 and SECTION 2 that
states that the instruments of transfer must include provisions that
specify that the property transferred from TXDOT must be used for certain
purposes and if it is not then the ownership is automatically reverted
back to TXDOT.