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A BILL TO BE ENTITLED
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AN ACT
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relating to the eminent domain authority of The University of Texas |
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System. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 65.33, Education Code, is amended to |
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read as follows: |
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Sec. 65.33. EMINENT DOMAIN. (a) The board has the power of |
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eminent domain to acquire for the use of the university system any |
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land that may be necessary and proper for carrying out its purposes |
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in the manner prescribed by Chapter 21, Property Code [in Title 52,
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Revised Civil Statutes of Texas, 1925, as amended]. |
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(b) Whenever the board has been made trustees by a will, |
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instrument in writing, or otherwise of a trust for a scientific, |
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educational, philanthropic, or charitable purpose, or other trust |
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for a public purpose, it may act by a quorum of the board or a |
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majority of all members. Unless otherwise directed by the terms of |
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the will or instrument, as trustees the board may exercise for the |
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purpose of the trust the power of eminent domain and may condemn |
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land and other property as provided by Chapter 21, Property Code |
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[Title 52, Revised Civil Statutes of Texas, 1925, as amended]. |
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(c) [In the event that the federal government awards the
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Super-conducting Super Collider Accelerator project to one or more
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institutions of higher education in the State of Texas, one of which
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is a component of The University of Texas System and/or The Texas A &
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M University System, and the governor with the advice of the
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Houston Area Research Center Board determines that the board of
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regents of The University of Texas System should select the site for
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the construction of this project on permanent university fund
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lands, the board shall use its best efforts to find a suitable site
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on permanent university fund lands. If the board determines that it
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is not feasible to locate the project wholly on permanent
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university fund lands and the legislature has appropriated funds
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for such purpose, the board may exercise the power of eminent domain
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to acquire, on behalf of the state, title and right-of-way
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easements in such land in addition to permanent university fund
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lands as the board may determine is necessary and appropriate for
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the project. If a component of both The University of Texas System
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and The Texas A & M University System are members of the consortium
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that is awarded the Super-conducting Super Collider Accelerator
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project, the board of regents of The University of Texas System
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shall not proceed to select a site and to exercise the power of
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eminent domain without a resolution of concurrence from the board
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of regents of The Texas A & M University System.
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[(d)] The taking of the property is declared to be for the |
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use of the state. The board is [shall] not [be] required to deposit |
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a bond or the amount equal to the award of damages by the |
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commissioners as provided by Section 21.021, Property Code [in
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Paragraph 2, Article 3268, Revised Civil Statutes of Texas, 1925]. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |