1-1     By:  Moreno of Harris (Senate Sponsor - Gallegos)     H.B. No. 2238
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Education; May 8, 2001, reported favorably by the following vote:
 1-5     Yeas 8, Nays 0; May 8, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the closing of streets or alleys by institutions of
 1-9     higher education in certain counties.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 51.904, Education Code, is amended to
1-12     read as follows:
1-13           Sec. 51.904.  STREET CLOSING.  The governing board [body] of
1-14     an institution of higher education as defined by Section 61.003 in
1-15     a county having a population of more than 3 million [in excess of
1-16     2,000,000] may vacate, abandon, and close a street or alley running
1-17     through the campus if the institution:
1-18                 (1)  owns all of the real property abutting the street
1-19     or alley;
1-20                 (2)  [and if the institution] owns 20 or more acres of
1-21     real property at the campus where the street or alley is located;
1-22                 (3)  before the 45th day preceding the date the street
1-23     or alley is to close, provides to the governing body of the
1-24     political subdivision owning, controlling, or maintaining the
1-25     street or alley written notice of the institution's intent to close
1-26     the street or alley; and
1-27                 (4)  for each utility line or facility in the affected
1-28     street or alley that is owned by a governing body described by
1-29     Subdivision (3) or a franchised utility company:
1-30                       (A)  grants an easement of sufficient size and
1-31     configuration and with appropriate rights to enable the continued
1-32     use, operation, and maintenance of the line or facility; or
1-33                       (B)  moves the line or facility to another
1-34     location:
1-35                             (i)  on the approval of the appropriate
1-36     governing body and franchised utility company; and
1-37                             (ii)  at the sole expense of the
1-38     institution.
1-39           SECTION 2.  The change in law made by this Act applies only
1-40     to a street or alley that is closed by an institution of higher
1-41     education under Section 51.904, Education Code, as amended by this
1-42     Act, on or after the effective date of this Act.
1-43           SECTION 3.  This Act takes effect September 1, 2001.
1-44                                  * * * * *