1-1 AN ACT
1-2 relating to the authority of the board of regents of The Texas A&M
1-3 University System regarding real property, permanent improvements,
1-4 and eminent domain.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 85.23, Education Code, is amended to read
1-7 as follows:
1-8 Sec. 85.23. PERMANENT IMPROVEMENTS; CONTRACTS; LAND
1-9 TRANSACTIONS. [(a)] The board may enter into an agreement with
1-10 any person [contract with persons, firms, or corporations] for the
1-11 purchase, sale, lease, lease-purchase, acquisition, or construction
1-12 of permanent improvements [on or conveniently located with
1-13 reference to the campus of any institution of the system;] and may
1-14 purchase, sell, [or] lease, lease-purchase, encumber, or contract
1-15 with reference to the divesting or encumbering title to lands and
1-16 other appurtenances for the construction of the permanent
1-17 improvements. However, no debt or liability shall be incurred by
1-18 the State of Texas under this section [subsection].
1-19 [(b) The board may sell, encumber, or contract with
1-20 reference to the divesting or encumbering of the title to, any part
1-21 of the campus or other property of any institution of the system as
1-22 may be necessary in the construction or acquisition of dormitories.
1-23 However, no debt shall be incurred against the institution or the
1-24 State of Texas.]
1-25 SECTION 2. Subchapter C, Chapter 85, Education Code, is
2-1 amended by adding Section 85.32 to read as follows:
2-2 Sec. 85.32. EMINENT DOMAIN. (a) The board may exercise the
2-3 power of eminent domain to acquire any real property that the board
2-4 considers necessary and proper to carry out its powers and duties.
2-5 (b) The board shall exercise the power of eminent domain in
2-6 the manner prescribed by Chapter 21, Property Code, except that the
2-7 board is not required to deposit a bond or the amount equal to the
2-8 award of damages by the special commissioners under Sections
2-9 21.021(a)(2) and (3), Property Code.
2-10 SECTION 3. Sections 86.19 and 87.003, Education Code, are
2-11 repealed.
2-12 SECTION 4. This Act takes effect immediately if it receives
2-13 a vote of two-thirds of all the members elected to each house, as
2-14 provided by Section 39, Article III, Texas Constitution. If this
2-15 Act does not receive the vote necessary for immediate effect, this
2-16 Act takes effect September 1, 2001.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1818 passed the Senate on
May 7, 2001, by the following vote: Yeas 30, Nays 0, one present,
not voting.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1818 passed the House on
May 23, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor