1-1           By:  Haywood                                      S.B. No. 69

 1-2           (In the Senate - Filed November 12, 1996; January 14, 1997,

 1-3     read first time and referred to Committee on Education;

 1-4     March 10, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 10, Nays 0; March 10, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 69                   By:  Haywood

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to the control and management of university property by

1-11     the board of regents of Midwestern State University.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 103.09, Education Code, is amended to

1-14     read as follows:

1-15           Sec. 103.09.  CONTROL AND MANAGEMENT [LEASE] OF REAL PROPERTY

1-16     [LANDS].  (a)  The board has the sole and exclusive control and

1-17     management of university lands and other real property.

1-18           (b)  The board may acquire by purchase, donation, exchange,

1-19     condemnation, or otherwise real property that is necessary or

1-20     convenient to carry out the purposes of the university.  The

1-21     board's purchase of property under this section is subject to

1-22     action of the Texas Higher Education Coordinating Board under

1-23     Section 61.0572(b)(5).

1-24           (c)  Except as provided by Subsection (d), the board may

1-25     sell, exchange, lease, or otherwise dispose of any interest in real

1-26     property owned by the university.  Money received in consideration

1-27     for the sale or lease of an interest in real property constitutes

1-28     institutional funds of the university.  Property received in an

1-29     exchange of real property of the university may be used for any

1-30     purpose of the university the board considers appropriate.

1-31           (d)  The board may not lease the surface rights of land under

1-32     its control and management for a [any] term of more than 99 years

1-33     [less than 100].

1-34           SECTION 2.  Chapter 19, Acts of the 69th Legislature, Regular

1-35     Session, 1985, is repealed.

1-36           SECTION 3.  The importance of this legislation and the

1-37     crowded condition of the calendars in both houses create an

1-38     emergency and an imperative public necessity that the

1-39     constitutional rule requiring bills to be read on three several

1-40     days in each house be suspended, and this rule is hereby suspended,

1-41     and that this Act take effect and be in force from and after its

1-42     passage, and it is so enacted.

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