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2-12 repealed.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.