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.