1-1                                   AN ACT
 1-2     relating to the closing of streets or alleys by institutions of
 1-3     higher education in certain counties.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 51.904, Education Code, is amended to
 1-6     read as follows:
 1-7           Sec. 51.904.  STREET CLOSING.  The governing board [body] of
 1-8     an institution of higher education as defined by Section 61.003 in
 1-9     a county having a population of more than 3 million [in excess of
1-10     2,000,000] may vacate, abandon, and close a street or alley running
1-11     through the campus if the institution:
1-12                 (1)  owns all of the real property abutting the street
1-13     or alley;
1-14                 (2)  [and if the institution] owns 20 or more acres of
1-15     real property at the campus where the street or alley is located;
1-16                 (3)  before the 45th day preceding the date the street
1-17     or alley is to close, provides to the governing body of the
1-18     political subdivision owning, controlling, or maintaining the
1-19     street or alley written notice of the institution's intent to close
1-20     the street or alley; and
1-21                 (4)  for each utility line or facility in the affected
1-22     street or alley that is owned by a governing body described by
1-23     Subdivision (3) or a franchised utility company:
1-24                       (A)  grants an easement of sufficient size and
 2-1     configuration and with appropriate rights to enable the continued
 2-2     use, operation, and maintenance of the line or facility; or
 2-3                       (B)  moves the line or facility to another
 2-4     location:
 2-5                             (i)  on the approval of the appropriate
 2-6     governing body and franchised utility company; and
 2-7                             (ii)  at the sole expense of the
 2-8     institution.
 2-9           SECTION 2.  The change in law made by this Act applies only
2-10     to a street or alley that is closed by an institution of higher
2-11     education under Section 51.904, Education Code, as amended by this
2-12     Act, on or after the effective date of this Act.
2-13           SECTION 3.  This Act takes effect September 1, 2001.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 2238 was passed by the House on April
         20, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 2238 was passed by the Senate on May
         22, 2001, by the following vote:  Yeas 30, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor