SRC-CTC S.B. 1818 77(R)BILL ANALYSIS


Senate Research CenterS.B. 1818
By: Bivins
Education
6/6/2001
Enrolled


DIGEST AND PURPOSE 

Currently, state law does not directly grant the board of regents of the
Texas A&M University System (board) the power of eminent domain.  The power
of eminent domain is addressed by means of an individual university within
the university system.  However, the power is granted directly to the
governing boards of the University of Texas System and the Texas State
University System in those systems' enabling statutes.  S.B. 1818 grants
the same powers and duties of eminent domain to the Texas A&M University
System Board that are already granted to the governing boards of the
University of Texas System and the Texas State University System. 

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 85.23, Education Code, to authorize the board of
regents of the Texas A&M University System (board) to enter into an
agreement with any person for the purchase, sale, lease, lease-purchase,
acquisition, or construction of permanent improvements and to purchase,
sell, lease, lease-purchase, encumber, or contract with reference to the
divesting or encumbering title to lands and other appurtenances for the
construction of the permanent improvements.  Requires that no debt be
incurred by the State of Texas under this section.  Deletes existing text
relating to the construction or acquisition of dormitories. 

SECTION 2.  Amends Chapter 85C, Education Code, by adding Section 85.32, as
follows: 

Sec. 85.32.  EMINENT DOMAIN.  Authorizes the board to exercise the power of
eminent domain to acquire any real property that the board considers
necessary and proper to carry out its powers and duties.  Requires the
board to exercise the power of eminent domain in the manner prescribed by
Chapter 21 (Eminent Domain), Property Code, except that the board is not
required to deposit a bond or the amount equal to the award of damages by
the special commissioners under Sections 21.021(a)(2) and (3). 

SECTION 3.  Repealer: Sections 86.19 (Eminent Domain) and 87.003 (Eminent
Domain), Education Code. 

SECTION 4.  Effective date: upon passage or September 1, 2001.