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 * * * * *