HBA-CBW H.B. 2238 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2238 By: Moreno, Joe E. Land & Resource Management 3/21/2001 Introduced 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 2,000,000 may vacate, abandon, and close city streets or alleys. However, problems involving easements and utilities have arisen that may require a change to the statute to clarify the law. House Bill 2238 requires the institution 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 House Bill 2238 amends the Education Code to authorize the governing body of an institution of higher education (institution) in a county having a population in excess of 2,000,000 to vacate, abandon, and close a street or alley running through the campus only if the institution provides a written notice not less than 45 days prior to its intention to abandon to the governmental body which owns, controls or maintains the street or alley to be abandoned, and grants the governmental body and all franchised utility companies with rights to utility lines or other utility infrastructure within the affected street or alley easements sufficient to allow the continued use, operation, and maintenance of such utility lines or facilities, all at the sole cost and expense of the institution. EFFECTIVE DATE September 1, 2001.