80R6216 KEL-F
 
  By: Callegari H.B. No. 389
 
  Substitute the following for H.B. No. 389:
 
  By:  Callegari C.S.H.B. No. 389
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the eminent domain authority of Texas Woman's
University.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 107.45, Education Code, is amended to
read as follows:
       Sec. 107.45.  EMINENT DOMAIN;[:] RESTRICTION. (a) The
board of regents has the power of eminent domain to acquire for the
use of the university in the manner prescribed by Chapter 21,
Property Code, any real property that may be necessary and proper
for carrying out its purposes.
       (b)  The taking of real property by the board under this
section is declared to be for the use of this state. The board is
not required to deposit a bond or the amount equal to the award of
damages by the commissioners as provided by Section 21.021,
Property Code.
       (c) The board may not use the power of eminent domain to
acquire real property [land] that is dedicated to a public use by
another governmental entity.
       SECTION 2.  Chapter 127, Acts of the 48th Legislature,
Regular Session, 1943 (Article 3264d, Vernon's Texas Civil
Statutes), is repealed.
       SECTION 3.  This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution.  If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2007.