HBA-MPM, NLM H.B. 2735 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2735
By: Dukes
Land & Resource Management
10/11/1999
Enrolled



BACKGROUND AND PURPOSE 

Under current law, the General Services Commission (commission) has the
authority to grant easements and rights-of-way as the needs of certain
projects dictate.  The commission is routinely asked to grant other
contractual interests in property under its control, such as licenses,
franchises, and joint use agreements; however, prior to the 76th
Legislature, the commission was not authorized to do so. 

H.B. 2735 authorizes the commission to grant a permanent or temporary
franchise or license or to enter into a joint use agreement regarding
certain land. In addition, this bill authorizes the commission to enter
into a joint use agreement or grant a franchise or license at the
commission's discretion and for a specified period determined by the
commission. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 2166.056, Government Code, as follows:

Sec. 2166.056.  New title:  GRANT OF EASEMENT, FRANCHISE, LICENSE, OR
RIGHT-OF-WAY; JOINT USE AGREEMENTS. Authorizes the General Services
Commission (commission) to grant a permanent or temporary  franchise or
license or to enter into a joint use agreement regarding the land of a
state agency on a project administered by the commission in the manner
provided by this section.  Authorizes the commission to enter into a joint
use agreement or grant a franchise or license at the commission's
discretion and for the period determined by the commission if: 

_the commission determines that the joint use agreement, franchise, or
license is in the best interests of the state; and  
_adequate consideration is received by the state under the agreement or
under the terms of the franchise or license. 

Requires the commission to approve all joint use agreements, franchises,
and licenses under this section by a majority vote in an open meeting. 

SECTION 2.  Emergency clause.
  Effective date: upon passage.