By:  Bivins                                           S.B. No. 1818
                                A BILL TO BE ENTITLED
 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.