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  S.B. No. 1604
 
 
 
 
AN ACT
  relating to asset management and acquisition by institutions of
  higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 73.115, Education Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  In any contract for the acquisition of goods and
  services to which an institution of higher education is a party, a
  provision required by applicable law to be included in the contract
  is considered to be a part of the executed contract without regard
  to:
               (1)  whether the provision appears on the face of the
  contract; or
               (2)  whether the contract includes any provision to the
  contrary.
         SECTION 2.  Chapter 64, Property Code, as added by Chapter
  918 (S.B. 1368), Acts of the 82nd Legislature, Regular Session,
  2011, is amended by adding Section 64.0011 to read as follows:
         Sec. 64.0011.  APPLICATION TO INSTITUTIONS OF HIGHER
  EDUCATION. This chapter does not apply to residential property for
  which an institution of higher education is a co-owner.
         SECTION 3.  Subsection (d), Section 66.08, Education Code,
  is amended to read as follows:
         (d)  The board of directors of the corporation shall have
  nine members, determined as follows:
               (1)  seven [six] members appointed by the board, of
  whom:
                     (A)  three must be members of the board;
                     (B)  [and the other] three must have a substantial
  background and expertise in investments; and
                     (C)  one must be a qualified individual as
  determined by the board, which may include
               [(2)]  the chancellor of The University of Texas
  System; and
               (2) [(3)]  two members appointed by the board of
  regents of The Texas A&M University System, at least one of whom
  must have a substantial background and expertise in investments.
         SECTION 4.  Section 74.002, Education Code, is repealed.
         SECTION 5.  Subsection (b), Section 85.25, Education Code,
  is amended to read as follows:
         (b)  The board may grant, sell, lease, or otherwise dispose
  of the lands and mineral interests under its jurisdiction [that do
  not comprise any portion of the original main campus of Texas A&M
  University] to other units or agencies of government, or to any
  individual, group of individuals, corporation, or other entity,
  under terms and conditions the board considers [it deems] best in
  the public interest.
         SECTION 6.  Subsections (c) and (d), Section 85.25,
  Education Code, are repealed.
         SECTION 7.  (a)  The board of regents of The University of
  Texas System may acquire by purchase, exchange, gift, or otherwise,
  for campus and other university purposes, all or any part of the
  land described in this section, and all improvements located on the
  land, in or near the City of Brownsville, Cameron County, Texas,
  consisting of multiple parcels, the boundaries of which tracts of
  land are more specifically described in Subsections (b), (c), and
  (d) of this section.
         (b)  All or any part of the land described as follows:
         BEGINNING at the intersection of West University Boulevard
  and Ringgold Road;
         THENCE Northeast along the South right of way line of
  Ringgold Road to the intersection of Ringgold Road/Ridgely Road
  with the common property line between Lots 11 and 12, Block 14,
  Colonia Alta Vista, recorded in Volume 8, Page 39, Map Records of
  Cameron County, Texas;
         THENCE continuing in a Northeasterly direction along the
  common property line between Lots 11 and 12, Block 14, Colonia Alta
  Vista, to the Southwesterly right of way line of East Jackson Road;
         THENCE Southeast along the Southwesterly right of way line of
  East Jackson Road to the intersection of East Jackson Road and East
  24th Street;
         THENCE Northeast along the South right of way line of East
  24th Street to the Southwest right of way line of U. S. Highways
  77/83;
         THENCE South along the Southwest right of way line of U. S.
  Highways 77/83, continuing past the intersection of the frontage
  road with West University Boulevard and following the Easternmost
  property line of an approximately 21.5-acre tract identified in the
  Cameron County Appraisal District Records as Parcel 62191;
         THENCE continuing along the property line of the 21.5-acre
  tract as it turns West, to a point at which the 21.5-acre parcel
  property line intersects the Easternmost property line of an
  approximately 47.96-acre tract identified in the Cameron County
  Appraisal District Records as Parcel 384258;
         THENCE South following the Easternmost property line of the
  47.96-acre tract to its Southernmost point;
         THENCE Northwest along the Southern property line of the
  47.96-acre tract and continuing in a Northwesterly direction beyond
  the Southwest corner of the 47.96-acre tract and along the Southern
  property line of an approximately 17.4-acre tract whose Eastern
  property line shares a common property line with the Western
  property line of the 47.96-acre tract, to the Southwest corner of
  the 17.4-acre tract;
         THENCE North along the Western property line of the 17.4-acre
  tract to West University Boulevard;
         THENCE Northwest along the Eastern right of way line of West
  University Boulevard to the intersection of West University
  Boulevard and Ringgold Road, to the point of BEGINNING;
         But expressly excluding Lot 1, Block 3, and Lot 6, Block 4,
  University Park Subdivision Unit 1, and Lot 2, Block 3, University
  Park Subdivision Unit 2.
         (c)  All or any part of an irregularly shaped parcel
  containing approximately 432 acres in Cameron County, Texas, more
  specifically described as follows:
         BEGINNING at a point on the northern right of way line of
  Texas Highway 100 that is approximately 1.3 miles east of the
  intersection of Texas Highway 100 and U. S. Highways 77/83 and which
  point is the midpoint of a resaca that intersects Texas Highway 100,
  for the most southerly southwest corner of the tract;
         THENCE along the northern right of way line of Texas Highway
  100 and continuing in an easterly direction for a distance of
  approximately 3,400 feet, to the most southerly southeast corner of
  the tract;
         THENCE in a northerly direction for approximately 3,400 feet
  for the most easterly northeast corner of this tract;
         THENCE west for approximately 500 feet to the westernmost
  edge of a resaca;
         THENCE following the meandering of the resaca north and west
  to a point that is approximately 850 feet north of the point at
  which the resaca turns north for a second time;
         THENCE continuing west for a distance of approximately 3,400
  feet to the most northerly northwest corner of the tract;
         THENCE south for approximately 2,000 feet to a southwesterly
  corner of the tract;
         THENCE east for approximately 2,800 feet ;
         THENCE south for approximately 800 feet to the midpoint of a
  resaca;
         THENCE following the meanderings of that resaca east and then
  south to the point of BEGINNING.
         (d)  All or any part of an approximately 750.402-acre tract
  described in a deed recorded as Document No. 6590, Official Public
  Records of Cameron County, more specifically described as follows:
         Being 750.402 Acres of land, more or less, out of Share 14 of
  the Espiritu Santo Grant in Cameron County; Texas and being out of a
  1,635.53 Acre Tract conveyed to Milton E. Wentz and wife, Monica C.
  Wentz from G. Philip Wardner, Trustee by deed dated January 15, 1959
  and recorded in Volume 671, Page 8 of the Cameron County Deed
  Records; said 750.402 Acre Tract being more particularly located
  and described as follows:
         BEGINNING at a 1/2 inch iron pin with a yellow plastic cap
  stamped "M&R INC" set on the west line of the Olmito Townsite as
  recorded in Volume 8, Page 83 of the Cameron County Map Records and
  being the intersection of the north right-of-way line of U.S.
  Expressway 77 & 83 (r.o.w. varies) with the east line of said Share
  14 for the southeast corner of this tract;
         THENCE, along the north right-of-way line of U.S:  Expressway
  77 & 83, North 45 deg 12 min 33 sec West a distance of 2919.87 feet
  to a 1/2 inch iron pin found for a corner of this tract;
         THENCE, continuing along the north right-of-way line of U.S.
  Expressway 77 & 83, North 40 deg 48 min 33 sec West a distance of
  1303.84 feet to a 1/2 inch iron pin with a yellow plastic cap
  stamped "M&R INC" set for a corner of this tract;
         THENCE, continuing along the north right-of-way line of U.S.
  Expressway 77 & 83, North 45 deg 12 min 33 sec West a distance of
  989.45 feet to a 1/2 inch iron pin with a yellow plastic cap stamped
  "M&R INC" set on the west line of said Share 14 for the southwest
  corner of this tract;
         THENCE, along the west line of said Share 14 and being the
  east line of San Carlos Estates Subdivision as recorded in Volume 8,
  Page 37 of the Cameron County Map Records, North 07 deg 38 min 21 sec
  East, at 5500.20 feet a 1/2 inch iron pin with a yellow plastic cap
  stamped "M&R INC" set on lane for reference, a total distance of
  5553.85 feet to a point on the centerline of Cameron County Drainage
  District No. One Main Drain No. 2 for the northwest corner of this
  tract;
         THENCE, along the approximate centerline of said Main Drain
  No. 2 the following courses:
  North 75 deg 11 min 53 sec East a distance of 386.52 feet,
  North 74 deg 56 min 03 sec East a distance of 665.61 feet;
  South 88 deg 38 min 55 sec East a distance of 198.80 feet;
  and South 54 deg 01 min 55 sec East a distance of 362.78 feet to a
  point for a corner of this tract;
         THENCE, out of said Main Drain No. 2, North 07 deg 16 min 53
  sec East, at 55.82 feet a 1/2 inch iron pin with a yellow plastic cap
  stamped "M&R INC" set on line for reference, at 1059.55 feet a 1/2
  inch iron pin with a yellow plastic cap stamped "M&R INC" set on
  line for reference, a total distance of 1243.64 feet to a point
  within the Resaca De Las Flores for a corner of this tract;
         THENCE, through said resaca, South 66 deg 59 min 07 sec East a
  distance of 1028:24 feet and South 41 deg 59 min 07 sec East a
  distance of 715.00 feet to a point for a corner of this tract;
         THENCE, out of said resaca, North 42 deg 44 min 53 sec East a
  distance of 639.80 feet to a point in the center of a drain ditch for
  a corner of this tract;
         THENCE, along the approximate center of said drain ditch,
  North 78 deg 12 min 53 sec East a distance of 88.63 feet to a 1/2
  inch iron pin with a yellow plastic cap stamped "M&R INC" set for a
  corner of this tract;
         THENCE, continuing along the approximate center of said drain
  ditch, North 81 deg 58 min 00 sec East a distance of 474.27 feet to a
  point within a drain ditch and being on the east line of said Share
  14 for the northeast corner of this tract;
         THENCE, through said drain ditch and along the east line of
  said Share 14 also being the west line of Parker Tract Subdivision
  as recorded in Volume 4, Page 40 of the Cameron County Map Records,
  South 07 deg 13 min West, at 1844.59 feet a point on the centerline
  of said Main Drain No. 2 for the northwest corner of Saint Francis
  of Assisi Subdivision as recorded in Cabinet I, Slot 895-B of the
  Cameron County Map Records, at 2669.69 feet a concrete monument
  found for the southwest corner of said Saint Francis of Assisi
  Subdivision, a total distance of 3913.73 feet to a point for the
  southwest corner of said Parker Tract Subdivision and for the
  northwest corner of Olmito Gardens Tract No. I as recorded in Volume
  6, Page 41 of the Cameron County Map Records and for a corner of this
  tract;
         THENCE, continuing along the east line of said Share 14,
  South 07 deg 14 min 40 sec West, at 6145.84 feet the common corner
  between said Olmito Gardens Tract No. 1 and said Olmito Townsite, a
  total distance of 6342.28 feet to the POINT OF BEGINNING.
  Containing 750.402 Acres of land, more or less.
         (e)  The title to the land shall be taken in the name of the
  board of regents of The University of Texas System and shall be
  subject to the control and management of the board in the same
  manner and to the same extent that the lands now owned by The
  University of Texas System are held and controlled.
         SECTION 8.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1604 passed the Senate on
  May 2, 2013, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1604 passed the House on
  May 22, 2013, by the following vote:  Yeas 148, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor