Texas 2017 - 85th Regular

Texas House Bill HB1882 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R7609 KJE-F
2	2	By: King of Uvalde H.B. No. 1882
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the management of university land by The University of
8	8	Texas System.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 66.41, Education Code, is amended to
11	11	read as follows:
12	12	Sec. 66.41. MANAGEMENT OF UNIVERSITY LANDS. The board of
13	13	regents of The University of Texas System has the sole and exclusive
14	14	management and control of the lands set aside and appropriated to,
15	15	or acquired by, the permanent university fund. The board may sell,
16	16	lease, and otherwise manage, control, and use the lands in any
17	17	manner and at prices and under terms and conditions the board deems
18	18	best for the interest of the permanent university fund, not in
19	19	conflict with the constitution or this chapter. However, the land
20	20	shall not be sold at a price less per acre than that at which the
21	21	same class of other public land may be sold under the statutes. No
22	22	grazing lease shall be made for a period of more than 10 years.
23	23	SECTION 2. Section 66.46, Education Code, is amended by
24	24	amending Subsections (d) and (m) and adding Subsections (d-1), (n),
25	25	and (o) to read as follows:
26	26	(d) An easement under this section may not be granted for a
27	27	term that is longer than 10 years, but the easement may be renewed
28	28	by the board of regents. The rent to be charged for an easement
29	29	under this section shall be:
30	30	(1) an amount agreed to by the grantee and the board;
31	31	or
32	32	(2) if applicable, the amount determined as provided
33	33	by Subsection (n).
34	34	(d-1) Notwithstanding Subsection (d), the board of regents
35	35	may grant or renew an easement or other interest in university land
36	36	for a term longer than 10 years, and may charge below market rate
37	37	rent for the interest, if:
38	38	(1) the interest is granted or renewed to a
39	39	municipality, a river authority, an electric cooperative organized
40	40	under Chapter 161, Utilities Code, or a nonprofit organization; and
41	41	(2) the terms of the interest:
42	42	(A) require the grantee to use the land in a
43	43	manner that primarily promotes a public purpose of the board and
44	44	benefits the land; and
45	45	(B) include provisions under which the board is
46	46	granted sufficient control to ensure that the public purpose is
47	47	accomplished and the board receives the return benefit.
48	48	(m) The board of regents shall establish procedures by which
49	49	a person seeking an easement or other interest under this section
50	50	may seek relief from a rate or damage schedule or from the rent or
51	51	other amount to be charged for the interest being sought that the
52	52	person believes does not represent the fair market value of the
53	53	interest [being sought]. The procedures must require:
54	54	(1) the fair market value of the interest to be
55	55	conclusively determined by an appraisal obtained by the person
56	56	seeking relief and conducted by an appraiser licensed or certified
57	57	under Chapter 1103, Occupations Code, applying standards generally
58	58	applicable to the assessment of damages for the condemnation of an
59	59	easement under Chapter 21, Property Code; and
60	60	(2) if requested by the person seeking relief, binding
61	61	arbitration to be conducted by a mutually agreeable impartial third
62	62	party, as described by Section 2009.053, Government Code.
63	63	(n) If an appraisal conducted as provided by Subsection
64	64	(m)(1) establishes the fair market value of an easement or other
65	65	interest in property at an amount that is not more than five percent
66	66	above or below the rate or damage schedule or the rent or other
67	67	amount to be charged for the interest, as applicable, the board of
68	68	regents shall charge for the interest an amount equal to the
69	69	interest's fair market value as determined by that appraisal.
70	70	(o) If binding arbitration is requested under Subsection
71	71	(m)(2), the fees and expenses of the impartial third party must be
72	72	paid:
73	73	(1) equally by the board of regents and the person
74	74	seeking relief; or
75	75	(2) by the nonprevailing party if the fair market
76	76	value of the easement or other interest in property being sought is
77	77	determined to be the same as or approximately the same as the amount
78	78	requested by the prevailing party, as determined by the impartial
79	79	third party conducting the arbitration.
80	80	SECTION 3. This Act takes effect September 1, 2017.