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Laws & Policies

Laws and policies applicable to real estate transactions of Texas State University are listed and briefly summarized below. Links are also provided. 

Laws 

The Uniform Relocation Assistance and Real Property Acquisition Policies for Federal and Federally Assisted Programs – Federal act of public law which provides for uniform and equitable treatment of persons displaced from their homes, businesses, or farms by Federal and federally assisted programs, and to establish uniform and equitable land acquisition policies for Federal and federally assisted programs.

Texas Constitution, Article III, § 51 
Grants of Public Money Prohibited. 
This provision prohibits the state from making gifts to individuals or corporations.

Texas Education Code § 51.9045 
Limitation on Use of Eminent Domain. 
This statute prohibits an institution of higher education from using eminent domain to acquire land to be used for a lodging facility or for parking or a parking structure intended to be used in connection with the lodging facility. "Lodging Facility" is defined to exclude a dormitory or other student housing.

Texas Education Code § 55.11
General Authority. 
This statute gives the governing board of each institution of higher education the authority to acquire, purchase, construct, improve, enlarge, equip, operate, and/or maintain any property, buildings, structures, activities, services, operations, or other facilities, for and on behalf of its institution or institutions, or any branch or branches thereof.

Texas Education Code § 61.0572
Construction Funds and Development of Physical Plants. 
This statute gives authority to the Texas Higher Education Coordinating Board to review institution’s acquisitions of improved real property to determine whether the property meets board standards for university cost, efficiency, space need, and space use Purchase is not contingent upon board approval, but board will report if acquisition does not meet these standards.

Texas Education Code § 95.21
General Responsibilities and Authority of the Board. 
This statute provides general authority to the Board of Regents to manage the institutions within The Texas State University System and authorizes the Board to delegate authority.

Texas Education Code § 95.30
Eminent Domain. 
This statute provides authority to the Board of Regents to acquire property by eminent domain for carrying out the purpose of The Texas State University System.

Texas Education Code § 95.31
Acquisition of Land. 
This statute gives authority to the Board of Regents to acquire land, including improvements thereupon, needed for proper operation of a system university. The acquisition may be by grant, purchase, lease, exchange, gift, devise, or by condemnation.

Texas Education Code § 95.33
Management of Property.
This statute gives authority to the Board of Regents to manage and control the lands of The Texas State University System.

Texas Education Code § 95.34
Donations, Gifts, Grants, and Endowments. 
This statute authorizes the Board of Regents to accept donations, gifts, grants, and endowments for the universities within The Texas State University System.

Texas Government Code Ch. 2167 
This chapter authorizes delegation of authority for space leasing to institutions of higher education and directly authorizes institutions of higher education to lease space for classroom and instructional space.

Texas Government Code § 2204.003
Gifts of Real Property to Institutions of Higher Education. 
This statute authorizes institutions of higher education to accept gifts of real property and requires that the acquisition be consistent with Texas Higher Education Coordinating Board rules and regulations.

Texas Government Code § 2206.001
Limitation on Eminent Domain for Private Parties or Economic Development Purposes. 
This statute prohibits a governmental entity, including an institution of higher education, from acquiring property by eminent domain if the taking (1) confers a private benefit on a particular private party through the use of the property, (2) is for a public use that is a pretext for conferring such a private benefit, (3) is from economic development purposes, or (4) is not for a public use. These prohibitions do not apply to the acquisition of property by eminent domain for certain specified exceptions.

19 Tex. Admin. Code §§ 17.1 - 17.52 
These administrative rules were adopted by the Texas Higher Education Coordinating Board pursuant to Tex. Ed. Code § 61.0572. The purpose of this chapter is to provide guidance to public institutions of higher education regarding review of construction projects, repair and renovation projects, property acquisitions, or lease-purchase arrangements as authorized by law.

 

Rules and Regulations of The Texas State University System

Chapter III, Section 1.5 

CHAPTER III (txstate.edu)
Deals with construction matters. Prior to submission to the Board of Regents for consideration and approval, the Component Comprehensive Facilities Master Plan, a Capital Improvements Program, and any amendments must first be submitted to and approved by the Vice Chancellor and Chief Financial Officer in consultation with the Chancellor.

Chapter III, Section 1.6 

CHAPTER III (txstate.edu)
A Policies and Procedures Manual for Planning and Construction to govern the conduct and administration of the system-wide planning, design, and construction program.  These policies and procedures shall require compliance with all governing Federal and State laws and regulations and shall list all the current building codes that designs will be required to follow.  The Board may direct changes to the Chancellor’s published policies and procedures at its discretion. 

Chapter III, Section 1.(12)1

CHAPTER III (txstate.edu)
Gifts of real property, regardless of value, to be included in the Project Completion Report for the Board of Regents.

Chapter III, Section 1.(13)1 

CHAPTER I (txstate.edu)
Purchases, Exchanges, Leases, Sales or Easements, to be included in the Project Completion Report for the Board of Regents.  The Board retains authority to approve all purchases, exchanges, leases, or sales of real property, or the granting of easements on, Components’ real property, except for ground leases of five (5) years or less and delegations stated in Paragraph 1.(13)2.

Chapter III, Section 1.(13)2

CHAPTER I (txstate.edu)
Delegation of Authority re Real Property.  The Board must approve all leases of Components' facilities or real property except the following, which may be approved by the:

  • President under delegated authority not to exceed a total value of $500,000, provided the Vice Chancellor and General Counsel has approved the operative documents as to legal form.
  • Chancellor under delegated authority not to exceed a total value of $3,000,000, provided the Vice Chancellor and General Counsel has approved the operative documents as to legal form.  

Texas State University Policy and Procedure Statements:

UPPS No. 01.03.01 - Space Management
This policy outlines the principles and processes that will be used to plan campus facilities and effectively manage campus spaces. 

UPPS No. 01.03.02 - University Construction Policy
This document sets forth university policy regarding all new construction, alteration, and demolition projects administered or performed on university facilities (whether owned, leased, or otherwise controlled by Texas State). 

UPPS No. 08.04.01 - Real Property Acquisitions
This policy describes the process for acquiring real property.