SRC-SLL C.S.S.B. 69 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 69
By: Haywood
Education
3-6-97
Committee Report (Substituted)


DIGEST 

Currently, Texas law prohibits the board of Midwestern State University
from selling, purchasing, or exchanging land without legislative consent
for each transaction.  This is not a time-efficient method of conducting
business.  This bill would provide the board with more authority over
university lands, including the acquisition, sale, lease, and exchange of
property. 

PURPOSE

As proposed, C.S.S.B. 69 provides the board of regents of Midwestern State
University with authority over university lands, including acquisition,
sale, lease, or exchange of property. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 103.09, Education Code, as follows:

 Sec. 103.09.  New heading: CONTROL AND MANAGEMENT OF REAL PROPERTY.
Provides that the board of regents of Midwestern State University (board)
has sole and exclusive control and management of university lands and
other real property. Authorizes the board to acquire  real property
necessary or convenient to carry out the purposes of Midwestern State
University (university) by purchase, donation, exchange, condemnation, or
otherwise.  Provides that the board's purchase of property is subject to
action of the Texas Higher Education Coordinating Board under Section
61.0572(b)(5). Authorizes the board to sell, exchange, lease, or otherwise
dispose of any interest in real property except as provided in Subsection
(d).  Provides that money received for the sale or lease of real property
constitutes institutional funds of the university.  Provides that property
received in an exchange of real property may be used for any purpose
deemed appropriate by the board.  Prohibits the board from leasing surface
rights of land under its control and management for a term longer than 99
years. 

SECTION 2.  Repealer: Chapter 19, Acts of the 69th Legislature, Regular
Session, 1985. 

SECTION 3.  Emergency clause.
            Effective date: upon passage. 


SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Section 103.09(b), Education Code, to provide that the
board's purchase of property is subject to the action of the Texas Higher
Education Coordinating Board under Section 61.0572(b)(5).