1-1 By: Bivins S.B. No. 1818
1-2 (In the Senate - Filed April 19, 2001; April 23, 2001, read
1-3 first time and referred to Committee on Education; April 30, 2001,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 6, Nays 0; April 30, 2001, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1818 By: Bivins
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the authority of the board of regents of The Texas A&M
1-10 University System regarding real property, permanent improvements,
1-11 and eminent domain.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 85.23, Education Code, is amended to read
1-14 as follows:
1-15 Sec. 85.23. PERMANENT IMPROVEMENTS; CONTRACTS; LAND
1-16 TRANSACTIONS. [(a)] The board may enter into an agreement with
1-17 any person [contract with persons, firms, or corporations] for the
1-18 purchase, sale, lease, lease-purchase, acquisition, or construction
1-19 of permanent improvements [on or conveniently located with
1-20 reference to the campus of any institution of the system;] and may
1-21 purchase, sell, [or] lease, lease-purchase, encumber, or contract
1-22 with reference to the divesting or encumbering title to lands and
1-23 other appurtenances for the construction of the permanent
1-24 improvements. However, no debt or liability shall be incurred by
1-25 the State of Texas under this section [subsection].
1-26 [(b) The board may sell, encumber, or contract with
1-27 reference to the divesting or encumbering of the title to, any part
1-28 of the campus or other property of any institution of the system as
1-29 may be necessary in the construction or acquisition of dormitories.
1-30 However, no debt shall be incurred against the institution or the
1-31 State of Texas.]
1-32 SECTION 2. Subchapter C, Chapter 85, Education Code, is
1-33 amended by adding Section 85.32 to read as follows:
1-34 Sec. 85.32. EMINENT DOMAIN. (a) The board may exercise the
1-35 power of eminent domain to acquire any real property that the board
1-36 considers necessary and proper to carry out its powers and duties.
1-37 (b) The board shall exercise the power of eminent domain in
1-38 the manner prescribed by Chapter 21, Property Code, except that the
1-39 board is not required to deposit a bond or the amount equal to the
1-40 award of damages by the special commissioners under Sections
1-41 21.021(a)(2) and (3), Property Code.
1-42 SECTION 3. Sections 86.19 and 87.003, Education Code, are
1-43 repealed.
1-44 SECTION 4. This Act takes effect immediately if it receives
1-45 a vote of two-thirds of all the members elected to each house, as
1-46 provided by Section 39, Article III, Texas Constitution. If this
1-47 Act does not receive the vote necessary for immediate effect, this
1-48 Act takes effect September 1, 2001.
1-49 * * * * *