By Moreno of Harris                                   H.B. No. 2238
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the closing of streets by institutions of higher
 1-3     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.  (a)  The governing body of an
 1-8     institution of higher education as defined by Section 61.003 in a
 1-9     county having a population in excess of 2,000,000 may vacate,
1-10     abandon, and close a street or alley running through the campus if
1-11     the institution owns all of the real property abutting the street
1-12     or alley and if the institution owns 20 or more acres of real
1-13     property at the campus where the street or alley is located,
1-14     subject to compliance with the provisions of Subsection (b) of this
1-15     section.
1-16           (b)  The vacation, abandonment and closing of a street or
1-17     alley pursuant to Subsection (a) of this section is conditioned
1-18     upon and shall not be effective until the institution of higher
1-19     education seeking such vacation, abandonment and closing has fully
1-20     complied with the following:
1-21                 (1)  provided not less than 45 days prior written
1-22     notice of its intention to abandon to the governmental body which
1-23     owns, controls and/or maintains the street or alley to be
 2-1     abandoned;
 2-2                 (2)  granted such governmental body and all franchised
 2-3     utility companies with utility lines or facilities within the
 2-4     affected street or alley easements of sufficient size and
 2-5     configuration and with appropriate rights to allow the continued
 2-6     use, operation and maintenance of such utility lines or facilities
 2-7     within the affected street or alley and without requiring the
 2-8     relocation or adjustment of same or, in lieu thereof, relocated or
 2-9     caused the relocation of all such governmental body and all
2-10     affected franchised utility companies, all at the sole cost and
2-11     expense of the institution of higher education.
2-12           SECTION 2.  This Act takes effect September 1, 2001.