HBA-LJP S.B. 1818 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1818
By: Bivins
Land & Resource Management
5/11/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, the board of regents of The Texas A&M University System (board
of regents) is not directly granted the power of eminent domain.  However,
the board of directors of The Texas A&M University System has the power of
eminent domain to acquire land for the use of Texas A&M University and
other academic institutions in The Texas A&M University System.  Senate
Bill 1818 grants the power of eminent domain to the board of regents of The
Texas A&M University System. 

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

Senate Bill 1818 amends the Education Code to repeal the power of eminent
domain of the board of directors of The Texas A&M University System to
acquire land for the use of Texas A&M University and other academic
institutions in The Texas A&M University System and authorizes the board of
regents of The Texas A&M University System (board of regents) to exercise
the power of eminent domain to acquire any real property that the board of
regents considers necessary and proper to carry out its duties.  The bill
provides that the board of regents is not required to deposit a bond or the
amount equal to the amount of damages by the special commissioners. 

The bill deletes provisions relating to the authority of the board of
regents to sell, encumber, or contract regarding the divesting or
encumbering of the title to any part of the campus or other property of any
institution of the system to construct or acquire dormitories.  The bill
authorizes the board of regents to enter into an agreement with any person
for the purchase, sale, lease, lease-purchase, acquisition, or construction
of permanent improvements and to purchase, sell, lease, lease-purchase,
encumber, or contract with reference to the divesting or encumbering title
to lands and other appurtenances for the construction of permanent
improvements.  The bill requires that no debt be incurred by this state
under the authority of provisions regarding permanent improvements of
entities under the administration of The Texas A&M University System. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.