HBA-DMH H.B. 2238 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2238
By: Moreno, Joe E.
Land & Resource Management
7/16/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature,  the governing body of an institution of
higher education (institution)  in a county having a population in excess
of 2 million could vacate, abandon, and close city streets or alleys.
However, problems involving easements and utilities arose that required
changes to clarify state law.  House Bill 2238 raised the county population
requirement to 3 million and requires such an institution in a county to
provide to the appropriate governmental body written notice of its
intention to take such action and grant specified easements. 

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. 

ANALYSIS

House Bill 2238 amends the Education Code to authorize the governing board
of an institution of higher education (institution) in a county having a
population of more than 3 million to vacate, abandon, and close a street or
alley running through the campus if the institution, before the 45th day
preceding the date the street or alley is to close, provides to the
governing body of the political subdivision owning, controlling, or
maintaining the street or alley written notice of the institution's intent
to close the street or alley and grants an easement of sufficient  size and
configuration and with appropriate rights to enable the continued use,
operation, and maintenance for each utility line or facility in the
affected area or moves such a line or facility at the sole expense of the
institution. 

EFFECTIVE DATE

September 1, 2001.