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Laws & Policies

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

Laws:

The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended - 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 - This provision prohibits the state from making gifts to individuals or corporations. This provision has been interpreted by the Texas Attorney General to prohibit below market sales or leases of state owned property unless the sale or lease serves a public purpose appropriate to the function of the state agency, adequate consideration flows to the state agency, and sufficient controls are in place to ensure that the public purpose is met.

Texas Education Code § 51.9045 - 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 - This statute gives the governing board of each institution of higher education the authority to acquire property for the institution.

Texas Education Code § 61.0572 - This statue gives authority to the Texas Higher Education Coordinating Board to approve acquisitions of real property for university purposes.

Texas Education Code § 95.21 - 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 - This statute provides authority to the Board of Regents to acquire property by eminent domain for carrying out the mission of The Texas State University System.

Texas Education Code § 95.31 - 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 - This statute gives authority to the Board of Regents to manage the lands of The Texas State University System.

Texas Education Code § 95.34 - 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 - 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 - this statute prohibits a governmental entity 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, or (3) is from economic development purposes. This 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.

Rules and Regulations of The Texas State University System:

Chapter III, Section 1.5 - Deals with construction matters. Prior to submission to the Board for consideration and approval, Component Comprehensive Facilities Master Plan, a Capital Improvements Plan, and any amendments must first be submitted to and approved by the Associate Vice Chancellor for Contract Administration in consultation with the Chancellor.

Chapter III, Section 1.6 - Provides that The Texas State University Policies and Procedures Manual for Planning and Construction shall include a comprehensive set of policies and procedures governing 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 and Standards that designs will be required to follow.

Chapter III, Section 1.(12)1 - Gifts of real property, regardless of value, must be submitted to the Board of Regents for approval at either a regular Board meeting or a special called Board meeting.

Chapter III, Section 1.(13)1 - The Board must approve all purchases, exchanges, or sales of Component's real property.

Chapter III, Section 1.(13)2 - The Board must approve all leases of Components' facilities or real property except the following, which may be approved by the:

  1. President under delegated authority not to exceed a total value of $500,000.
  2. Chancellor under delegated authority not to exceed a total value of $1,000,000.

Texas State University Policy and Procedure Statements:

UPPS No. 01.03.01 - Space Management and Facilities Planning - This UPPS 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 UPPS 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 UPPS describes the process for acquiring real property.

Finance and Support Services Division Policies:

FSS/PPS 01.02.01 - Assistant Real Estate Director Responsibilities - The purpose of this PPS is to establish policy and procedures for the role and responsibilities of the Assistant Real Estate Director. These responsibilities include negotiating the purchase, sale or lease of property as assigned by the Assistant Vice President for Finance and Support Services Planning, negotiation of easements, right-of-ways, development of business plans for university income-generating activities, maintenance of all real property records, evaluate space need requests received from departments, and any other related projects.