HBA-CBW C.S.H.B. 2238 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2238 By: Moreno, Joe E. Land & Resource Management 4/6/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, the governing body of an institution of higher education (institution) in a county having a population in excess of 2 million may vacate, abandon, and close city streets or alleys. However, problems involving easements and utilities have arisen that may require changes to the statute to clarify the law. C.S.H.B. 2238 requires an institution in a county with a population in excess of 3 million to provide to the appropriate governmental body written notice of its intention to take such action and grant specified easements. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS C.S.H.B. 2238 amends the Education Code to authorize the governing board of an institution of higher education (institution) in a county having a population of more than 3 million to vacate, abandon, and close a street or alley running through the campus if the institution, before the 45th day preceding the date the street or alley is to close, provides to the governing body of the political subdivision owning, controlling, or maintaining the street or alley written notice of the institution's intent to close the street or alley and grants an easement of sufficient size and configuration and with appropriate rights to enable the continued use, operation, and maintenance for each utility line or facility in the affected area or moves such a line or facility at the sole expense of the institution. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2238 differs from the original bill by raising the population requirement of a county in which an institution of higher education must be in for these provisions to apply to 3 million, rather than 2 million. The substitute conforms to Texas Legislative Council style and format.