By Bivins                                             S.B. No. 1818
         77R11194 JSA-F                           
                                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 relating to real property, permanent improvements, and
 1-4     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 any
1-10     person [contract with persons, firms, or corporations] for the
1-11     purchase, sale, lease, acquisition, or construction of permanent
1-12     improvements [on or conveniently located with reference to the
1-13     campus of any institution of the system;] and may purchase, sell,
1-14     [or] lease, encumber, or contract with reference to the divesting
1-15     or encumbering title to lands and other appurtenances for the
1-16     construction of the permanent improvements.  However, no debt or
1-17     liability shall be incurred by the State of Texas or The Texas A&M
1-18     University System 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.]
 2-1           SECTION 2. Subchapter C, Chapter 85, Education Code, is
 2-2     amended by adding Section 85.32 to read as follows:
 2-3           Sec. 85.32.  EMINENT DOMAIN. (a)  The board may exercise the
 2-4     power of eminent domain to acquire any real property that the board
 2-5     considers necessary and proper to carry out its powers and duties.
 2-6           (b)  The board shall exercise the power of eminent domain in
 2-7     the manner prescribed by Chapter 21, Property Code, except that the
 2-8     board is not required to deposit a bond or the amount equal to the
 2-9     award of damages by the special commissioners under Sections
2-10     21.021(a)(2) and (3).
2-11           SECTION 3. Sections 86.19 and 87.003, Education Code, are
2-12     repealed.
2-13           SECTION 4.  This Act takes effect immediately if it receives
2-14     a vote of two-thirds of all the members elected to each house, as
2-15     provided by Section 39, Article III, Texas Constitution.  If this
2-16     Act does not receive the vote necessary for immediate effect, this
2-17     Act takes effect September 1, 2001.