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.