Texas 2013 - 83rd Regular

Texas Senate Bill SB1604 Compare Versions

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1	1	By: Zaffirini S.B. No. 1604
2	2	(Howard)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to asset management and acquisition by institutions of
8	8	higher education.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 73.115, Education Code, is amended by
11	11	adding Subsection (g) to read as follows:
12	12	(g) In any contract for the acquisition of goods and
13	13	services to which an institution of higher education is a party, a
14	14	provision required by applicable law to be included in the contract
15	15	is considered to be a part of the executed contract without regard
16	16	to:
17	17	(1) whether the provision appears on the face of the
18	18	contract; or
19	19	(2) whether the contract includes any provision to the
20	20	contrary.
21	21	SECTION 2. Chapter 64, Property Code, as added by Chapter
22	22	918 (S.B. 1368), Acts of the 82nd Legislature, Regular Session,
23	23	2011, is amended by adding Section 64.0011 to read as follows:
24	24	Sec. 64.0011. APPLICATION TO INSTITUTIONS OF HIGHER
25	25	EDUCATION. This chapter does not apply to residential property for
26	26	which an institution of higher education is a co-owner.
27	27	SECTION 3. Subsection (d), Section 66.08, Education Code,
28	28	is amended to read as follows:
29	29	(d) The board of directors of the corporation shall have
30	30	nine members, determined as follows:
31	31	(1) seven [six] members appointed by the board, of
32	32	whom:
33	33	(A) three must be members of the board;
34	34	(B) [and the other] three must have a substantial
35	35	background and expertise in investments; and
36	36	(C) one must be a qualified individual as
37	37	determined by the board, which may include
38	38	[(2)] the chancellor of The University of Texas
39	39	System; and
40	40	(2) [(3)] two members appointed by the board of regents of
41	41	The Texas A&M University System, at least one of whom must have a
42	42	substantial background and expertise in investments.
43	43	SECTION 4. Section 74.002, Education Code, is repealed.
44	44	SECTION 5. Subsection (b), Section 85.25, Education Code,
45	45	is amended to read as follows:
46	46	(b) The board may grant, sell, lease, or otherwise dispose
47	47	of the lands and mineral interests under its jurisdiction [that do
48	48	not comprise any portion of the original main campus of Texas A&M
49	49	University] to other units or agencies of government, or to any
50	50	individual, group of individuals, corporation, or other entity,
51	51	under terms and conditions the board considers [it deems] best in
52	52	the public interest.
53	53	SECTION 6. Subsections (c) and (d), Section 85.25,
54	54	Education Code, are repealed.
55	55	SECTION 7. (a) The board of regents of The University of
56	56	Texas System may acquire by purchase, exchange, gift, or otherwise,
57	57	for campus and other university purposes, all or any part of the
58	58	land described in this section, and all improvements located on the
59	59	land, in or near the City of Brownsville, Cameron County, Texas,
60	60	consisting of multiple parcels, the boundaries of which tracts of
61	61	land are more specifically described in Subsections (b), (c), and
62	62	(d) of this section.
63	63	(b) All or any part of the land described as follows:
64	64	BEGINNING at the intersection of West University Boulevard
65	65	and Ringgold Road;
66	66	THENCE Northeast along the South right of way line of
67	67	Ringgold Road to the intersection of Ringgold Road/Ridgely Road
68	68	with the common property line between Lots 11 and 12, Block 14,
69	69	Colonia Alta Vista, recorded in Volume 8, Page 39, Map Records of
70	70	Cameron County, Texas;
71	71	THENCE continuing in a Northeasterly direction along the
72	72	common property line between Lots 11 and 12, Block 14, Colonia Alta
73	73	Vista, to the Southwesterly right of way line of East Jackson Road;
74	74	THENCE Southeast along the Southwesterly right of way line of
75	75	East Jackson Road to the intersection of East Jackson Road and East
76	76	24th Street;
77	77	THENCE Northeast along the South right of way line of East
78	78	24th Street to the Southwest right of way line of U. S. Highways
79	79	77/83;
80	80	THENCE South along the Southwest right of way line of U. S.
81	81	Highways 77/83, continuing past the intersection of the frontage
82	82	road with West University Boulevard and following the Easternmost
83	83	property line of an approximately 21.5-acre tract identified in the
84	84	Cameron County Appraisal District Records as Parcel 62191;
85	85	THENCE continuing along the property line of the 21.5-acre
86	86	tract as it turns West, to a point at which the 21.5-acre parcel
87	87	property line intersects the Easternmost property line of an
88	88	approximately 47.96-acre tract identified in the Cameron County
89	89	Appraisal District Records as Parcel 384258;
90	90	THENCE South following the Easternmost property line of the
91	91	47.96-acre tract to its Southernmost point;
92	92	THENCE Northwest along the Southern property line of the
93	93	47.96-acre tract and continuing in a Northwesterly direction beyond
94	94	the Southwest corner of the 47.96-acre tract and along the Southern
95	95	property line of an approximately 17.4-acre tract whose Eastern
96	96	property line shares a common property line with the Western
97	97	property line of the 47.96-acre tract, to the Southwest corner of
98	98	the 17.4-acre tract;
99	99	THENCE North along the Western property line of the 17.4-acre
100	100	tract to West University Boulevard;
101	101	THENCE Northwest along the Eastern right of way line of West
102	102	University Boulevard to the intersection of West University
103	103	Boulevard and Ringgold Road, to the point of BEGINNING;
104	104	But expressly excluding Lot 1, Block 3, and Lot 6, Block 4,
105	105	University Park Subdivision Unit 1, and Lot 2, Block 3, University
106	106	Park Subdivision Unit 2.
107	107	(c) All or any part of an irregularly shaped parcel
108	108	containing approximately 432 acres in Cameron County, Texas, more
109	109	specifically described as follows:
110	110	BEGINNING at a point on the northern right of way line of
111	111	Texas Highway 100 that is approximately 1.3 miles east of the
112	112	intersection of Texas Highway 100 and U. S. Highways 77/83 and which
113	113	point is the midpoint of a resaca that intersects Texas Highway 100,
114	114	for the most southerly southwest corner of the tract;
115	115	THENCE along the northern right of way line of Texas Highway
116	116	100 and continuing in an easterly direction for a distance of
117	117	approximately 3,400 feet, to the most southerly southeast corner of
118	118	the tract;
119	119	THENCE in a northerly direction for approximately 3,400 feet
120	120	for the most easterly northeast corner of this tract;
121	121	THENCE west for approximately 500 feet to the westernmost
122	122	edge of a resaca;
123	123	THENCE following the meandering of the resaca north and west
124	124	to a point that is approximately 850 feet north of the point at
125	125	which the resaca turns north for a second time;
126	126	THENCE continuing west for a distance of approximately 3,400
127	127	feet to the most northerly northwest corner of the tract;
128	128	THENCE south for approximately 2,000 feet to a southwesterly
129	129	corner of the tract;
130	130	THENCE east for approximately 2,800 feet ;
131	131	THENCE south for approximately 800 feet to the midpoint of a
132	132	resaca;
133	133	THENCE following the meanderings of that resaca east and then
134	134	south to the point of BEGINNING.
135	135	(d) All or any part of an approximately 750.402-acre tract
136	136	described in a deed recorded as Document No. 6590, Official Public
137	137	Records of Cameron County, more specifically described as follows:
138	138	Being 750.402 Acres of land, more or less, out of Share 14 of
139	139	the Espiritu Santo Grant in Cameron County; Texas and being out of a
140	140	1,635.53 Acre Tract conveyed to Milton E. Wentz and wife, Monica C.
141	141	Wentz from G. Philip Wardner, Trustee by deed dated January 15, 1959
142	142	and recorded in Volume 671, Page 8 of the Cameron County Deed
143	143	Records; said 750.402 Acre Tract being more particularly located
144	144	and described as follows:
145	145	BEGINNING at a 1/2 inch iron pin with a yellow plastic cap
146	146	stamped "M&R INC" set on the west line of the Olmito Townsite as
147	147	recorded in Volume 8, Page 83 of the Cameron County Map Records and
148	148	being the intersection of the north right-of-way line of U.S.
149	149	Expressway 77 & 83 (r.o.w. varies) with the east line of said Share
150	150	14 for the southeast corner of this tract;
151	151	THENCE, along the north right-of-way line of U.S: Expressway
152	152	77 & 83, North 45 deg 12 min 33 sec West a distance of 2919.87 feet
153	153	to a 1/2 inch iron pin found for a corner of this tract;
154	154	THENCE, continuing along the north right-of-way line of U.S.
155	155	Expressway 77 & 83, North 40 deg 48 min 33 sec West a distance of
156	156	1303.84 feet to a 1/2 inch iron pin with a yellow plastic cap
157	157	stamped "M&R INC" set for a corner of this tract;
158	158	THENCE, continuing along the north right-of-way line of U.S.
159	159	Expressway 77 & 83, North 45 deg 12 min 33 sec West a distance of
160	160	989.45 feet to a 1/2 inch iron pin with a yellow plastic cap stamped
161	161	"M&R INC" set on the west line of said Share 14 for the southwest
162	162	corner of this tract;
163	163	THENCE, along the west line of said Share 14 and being the
164	164	east line of San Carlos Estates Subdivision as recorded in Volume 8,
165	165	Page 37 of the Cameron County Map Records, North 07 deg 38 min 21 sec
166	166	East, at 5500.20 feet a 1/2 inch iron pin with a yellow plastic cap
167	167	stamped "M&R INC" set on lane for reference, a total distance of
168	168	5553.85 feet to a point on the centerline of Cameron County Drainage
169	169	District No. One Main Drain No. 2 for the northwest corner of this
170	170	tract;
171	171	THENCE, along the approximate centerline of said Main Drain
172	172	No. 2 the following courses:
173	173	North 75 deg 11 min 53 sec East a distance of 386.52 feet,
174	174	North 74 deg 56 min 03 sec East a distance of 665.61 feet;
175	175	South 88 deg 38 min 55 sec East a distance of 198.80 feet;
176	176	and South 54 deg 01 min 55 sec East a distance of 362.78 feet to a
177	177	point for a corner of this tract;
178	178	THENCE, out of said Main Drain No. 2, North 07 deg 16 min 53
179	179	sec East, at 55.82 feet a 1/2 inch iron pin with a yellow plastic cap
180	180	stamped "M&R INC" set on line for reference, at 1059.55 feet a 1/2
181	181	inch iron pin with a yellow plastic cap stamped "M&R INC" set on
182	182	line for reference, a total distance of 1243.64 feet to a point
183	183	within the Resaca De Las Flores for a corner of this tract;
184	184	THENCE, through said resaca, South 66 deg 59 min 07 sec East a
185	185	distance of 1028:24 feet and South 41 deg 59 min 07 sec East a
186	186	distance of 715.00 feet to a point for a corner of this tract;
187	187	THENCE, out of said resaca, North 42 deg 44 min 53 sec East a
188	188	distance of 639.80 feet to a point in the center of a drain ditch for
189	189	a corner of this tract;
190	190	THENCE, along the approximate center of said drain ditch,
191	191	North 78 deg 12 min 53 sec East a distance of [88.63 feet to a 1/2
192	192	inch iron pin with a yellow plastic cap stamped "M&R INC" set for a
193	193	corner of this tract;
194	194	THENCE, continuing along the approximate center of said drain
195	195	ditch, North 81 deg 58 min 00 sec East a distance of 474.27 feet to a
196	196	point within a drain ditch and being on the east line of said Share
197	197	14 for the northeast corner of this tract;
198	198	THENCE, through said drain ditch and along the east line of
199	199	said Share 14 also being the west line of Parker Tract Subdivision
200	200	as recorded in Volume 4, Page 40 of the Cameron County Map Records,
201	201	South 07 deg 13 min West, at 1844.59 feet a point on the centerline
202	202	of said Main Drain No. 2 for the northwest corner of Saint Francis
203	203	of Assisi Subdivision as recorded in Cabinet I, Slot 895-B of the
204	204	Cameron County Map Records, at 2669.69 feet a concrete monument
205	205	found for the southwest corner of said Saint Francis of Assisi
206	206	Subdivision, a total distance of 3913.73 feet to a point for the
207	207	southwest corner of said Parker Tract Subdivision and for the
208	208	northwest corner of Olmito Gardens Tract No. I as recorded in Volume
209	209	6, Page 41 of the Cameron County Map Records and for a corner of this
210	210	tract;
211	211	THENCE, continuing along the east line of said Share 14,
212	212	South 07 deg 14 min 40 sec West, at 6145.84 feet the common corner
213	213	between said Olmito Gardens Tract No. 1 and said Olmito Townsite, a
214	214	total distance of 6342.28 feet to the POINT OF BEGINNING.
215	215	Containing 750.402 Acres of land, more or less.
216	216	(e) The title to the land shall be taken in the name of the
217	217	board of regents of The University of Texas System and shall be
218	218	subject to the control and management of the board in the same
219	219	manner and to the same extent that the lands now owned by The
220	220	University of Texas System are held and controlled.
221	221	SECTION 8. This Act takes effect immediately if it receives
222	222	the vote of two-thirds of all the members elected to each house, as
223	223	provided by Section 39, Article III, Texas Constitution. If this
224	224	Act does not receive the vote necessary for immediate effect, this
225	225	Act takes effect September 1, 2013.