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


Office of House Bill AnalysisH.B. 2238
By: Moreno, Joe E.
Land & Resource Management
3/21/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law,  the governing body of an institution of higher
education (institution)  in a county having a population in excess of
2,000,000 may vacate, abandon, and close city streets or alleys.  However,
problems involving easements and utilities have arisen that may require a
change to the statute to clarify the law.  House Bill 2238 requires the
institution 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 body
of an institution of higher education (institution) in a county having a
population in excess of 2,000,000 to vacate, abandon, and close a street or
alley running through the campus only if the institution provides a written
notice not less than 45 days prior to its intention to abandon  to the
governmental body which owns, controls or maintains the street or alley to
be abandoned, and grants the governmental body and all franchised utility
companies with rights to utility lines or other utility infrastructure
within the affected street or alley easements sufficient to allow the
continued use, operation, and maintenance of such utility lines or
facilities, all at the sole cost and expense of the institution. 

EFFECTIVE DATE

September 1, 2001.