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


Office of House Bill AnalysisC.S.H.B. 2238
By: Moreno, Joe E.
Land & Resource Management
4/6/2001
Committee Report (Substituted)



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
million may vacate, abandon, and close city streets or alleys.  However,
problems involving easements and utilities have arisen that may require
changes to the statute to clarify the law.  C.S.H.B. 2238 requires an
institution in a county with a population in excess of 3 million 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

C.S.H.B. 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.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2238  differs from the original bill by raising the population
requirement of a county in which an institution of higher education must be
in for these provisions to apply to 3 million, rather than 2 million.  The
substitute conforms to Texas Legislative Council style and format.