75R6429 JSA-D                           

         By Hirschi                                              H.B. No. 91

         Substitute the following for H.B. No. 91:

         By Mowery                                           C.S.H.B. No. 91

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the control and management of university property by

 1-3     the board of regents of Midwestern State University.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 103.09, Education Code, is amended to

 1-6     read as follows:

 1-7           Sec. 103.09.  CONTROL AND MANAGEMENT [LEASE] OF REAL PROPERTY

 1-8     [LANDS].  (a)  The board has the sole and exclusive control and

 1-9     management of university lands and other real property.

1-10           (b)  The board may acquire by purchase, donation, exchange,

1-11     condemnation, or otherwise real property that is necessary or

1-12     convenient to carry out the purposes of the university.  The

1-13     board's purchase of property under this section is subject to

1-14     action of the Texas Higher Education Coordinating Board under

1-15     Section 61.0572(b)(5).

1-16           (c)  Except as provided by Subsection (d), the board may

1-17     sell, exchange, lease, or otherwise dispose of any interest in real

1-18     property owned by the university.  Money received in consideration

1-19     for the sale or lease of an interest in real property constitutes

1-20     institutional funds of the university.  Property received in an

1-21     exchange of real property of the university may be used for any

1-22     purpose of the university the board considers appropriate.

1-23           (d)  The board may not lease the surface rights of land under

1-24     its control and management for a [any] term of more than 99 years

 2-1     [less than 100].

 2-2           SECTION 2.  Chapter 19, Acts of the 69th Legislature, Regular

 2-3     Session, 1985, is repealed.

 2-4           SECTION 3.  The importance of this legislation and the

 2-5     crowded condition of the calendars in both houses create an

 2-6     emergency and an imperative public necessity that the

 2-7     constitutional rule requiring bills to be read on three several

 2-8     days in each house be suspended, and this rule is hereby suspended,

 2-9     and that this Act take effect and be in force from and after its

2-10     passage, and it is so enacted.