Laws & Policies

 

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

 

Laws:

 

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 § 65.31 – This statute provides general authority to the Board of Regents to manage the institutions within The University of Texas System and authorizes the Board to accept gifts and to delegate authority.

 

Texas Education Code § 65.33 – This statute provides authority to the Board of Regents to acquire property by eminent domain for carrying out the mission of the U. T. System.

 

Texas Education Code § 65.36 – This statute gives authority to the Board of Regents to accept donations for professorships or scholarships.

 

Texas Education Code § 65.39 – This statute gives authority to the Board of Regents to manage lands of the U. T. 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 for economic development purposes.  The 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.

 

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Regents' Rules & Regulations:

 

Rule 10501: Delegation to Act on Behalf of the Board – This series limits delegated authority for most contracts to $1 million dollars; contracts for real estate transactions exceeding that amount must be submitted to the Board of Regents for approval.

 

Rule 30104: Conflict of Interest – This series sets forth the ethics policy to be followed by all employees of U. T. System, prohibiting, among other things, conflicts of interest and self interest.

 

Rule 60101: Acceptance and Administration of Gifts, § 4 – This section authorizes the Executive Director of Real Estate to accept gifts of real property.

 

Rule 60103: Guidelines for Acceptance of Gifts of Real Property – This series sets forth standards for the acceptance of gifts of real property.

 

Rule 70301: Matters Relating to Real Property - This series sets forth authority for management of real property, including purchases and leases.

 

 

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U. T. System Rules, Policies & Procedures :

 

UTS126: Processing of Space Lease Agreements – This U. T. System policy sets forth the standards and requirements for the leasing of space by UT as the tenant.

 

UTS135: Fire and Life Safety Reviews – This series sets forth fire and life safety review standards for acquisitions of real estate to be used for campus purposes.

 

UTS138: Gift Acceptance Procedures – These U. T. System procedures set forth the steps to be followed for the acceptance of gifts, including gifts of real property, to any of the 15 institutions within the U. T. System.

 

UTS143: Procedures for Takings Impact Assessment – This U. T. System policy contains guidelines and procedures for the preparation of a takings impact assessment for proposed actions that affect private real property rights.

 

UTS145: Processing of Contracts – This U. T. System policy requires that all contracts for the conveyance or acquisition of an interest in real property be reviewed and approved by the Office of General Counsel.

 

UTS147: Processing of Sales and Leases of Real Property (UT as Seller or Landlord) – This series sets forth authority for management of real property, including purchases and leases.

 

UTS161: Environmental Review for Acquisition of Real Property – This U. T. System policy was one of the first university real estate environmental policy statements in the nation. It sets forth environmental review requirements for acquisitions of real property.

 

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Real Estate Office Procedures:

 

Procedures for Processing Acquisitions of Campus Real Estate – These U. T. System procedures set forth the steps to be followed for the acquisition of real property for campus purposes.

 

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  • Office of General Counsel
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  • Austin, TX 78701
  • Phone: 512.499.4462
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