Bill Text: TX HB1882 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the management of university land by The University of Texas System.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2017-04-12 - Left pending in committee [HB1882 Detail]
Download: Texas-2017-HB1882-Introduced.html
85R7609 KJE-F | ||
By: King of Uvalde | H.B. No. 1882 |
|
||
|
||
relating to the management of university land by The University of | ||
Texas System. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 66.41, Education Code, is amended to | ||
read as follows: | ||
Sec. 66.41. MANAGEMENT OF UNIVERSITY LANDS. The board of | ||
regents of The University of Texas System has the sole and exclusive | ||
management and control of the lands set aside and appropriated to, | ||
or acquired by, the permanent university fund. The board may sell, | ||
lease, and otherwise manage, control, and use the lands in any | ||
manner and at prices and under terms and conditions the board deems | ||
best for the interest of the permanent university fund, not in | ||
conflict with the constitution or this chapter. However, the land | ||
shall not be sold at a price less per acre than that at which the | ||
same class of other public land may be sold under the statutes. No | ||
grazing lease shall be made for a period of more than 10 years. | ||
SECTION 2. Section 66.46, Education Code, is amended by | ||
amending Subsections (d) and (m) and adding Subsections (d-1), (n), | ||
and (o) to read as follows: | ||
(d) An easement under this section may not be granted for a | ||
term that is longer than 10 years, but the easement may be renewed | ||
by the board of regents. The rent to be charged for an easement | ||
under this section shall be: | ||
(1) an amount agreed to by the grantee and the board; | ||
or | ||
(2) if applicable, the amount determined as provided | ||
by Subsection (n). | ||
(d-1) Notwithstanding Subsection (d), the board of regents | ||
may grant or renew an easement or other interest in university land | ||
for a term longer than 10 years, and may charge below market rate | ||
rent for the interest, if: | ||
(1) the interest is granted or renewed to a | ||
municipality, a river authority, an electric cooperative organized | ||
under Chapter 161, Utilities Code, or a nonprofit organization; and | ||
(2) the terms of the interest: | ||
(A) require the grantee to use the land in a | ||
manner that primarily promotes a public purpose of the board and | ||
benefits the land; and | ||
(B) include provisions under which the board is | ||
granted sufficient control to ensure that the public purpose is | ||
accomplished and the board receives the return benefit. | ||
(m) The board of regents shall establish procedures by which | ||
a person seeking an easement or other interest under this section | ||
may seek relief from a rate or damage schedule or from the rent or | ||
other amount to be charged for the interest being sought that the | ||
person believes does not represent the fair market value of the | ||
interest [ |
||
(1) the fair market value of the interest to be | ||
conclusively determined by an appraisal obtained by the person | ||
seeking relief and conducted by an appraiser licensed or certified | ||
under Chapter 1103, Occupations Code, applying standards generally | ||
applicable to the assessment of damages for the condemnation of an | ||
easement under Chapter 21, Property Code; and | ||
(2) if requested by the person seeking relief, binding | ||
arbitration to be conducted by a mutually agreeable impartial third | ||
party, as described by Section 2009.053, Government Code. | ||
(n) If an appraisal conducted as provided by Subsection | ||
(m)(1) establishes the fair market value of an easement or other | ||
interest in property at an amount that is not more than five percent | ||
above or below the rate or damage schedule or the rent or other | ||
amount to be charged for the interest, as applicable, the board of | ||
regents shall charge for the interest an amount equal to the | ||
interest's fair market value as determined by that appraisal. | ||
(o) If binding arbitration is requested under Subsection | ||
(m)(2), the fees and expenses of the impartial third party must be | ||
paid: | ||
(1) equally by the board of regents and the person | ||
seeking relief; or | ||
(2) by the nonprevailing party if the fair market | ||
value of the easement or other interest in property being sought is | ||
determined to be the same as or approximately the same as the amount | ||
requested by the prevailing party, as determined by the impartial | ||
third party conducting the arbitration. | ||
SECTION 3. This Act takes effect September 1, 2017. |