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                                  * * * * *