By Swinford H.B. No. 2507
74R7652 SMH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of the Amarillo campus of the Texas State
1-3 Technical College System to Amarillo College.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. TRANSFER. (a) Not later than September 1, 1997,
1-6 the board of regents of the Texas State Technical College System
1-7 may enter into an agreement with the board of trustees of Amarillo
1-8 College to transfer to the board of trustees of Amarillo College:
1-9 (1) the governance, operation, management, and control
1-10 of the Texas State Technical College System's campus located in the
1-11 city of Amarillo in Potter County; and
1-12 (2) all right, title, and interest in the land,
1-13 buildings, facilities, improvements, equipment, supplies, and
1-14 property comprising that campus.
1-15 (b) The transfer authorized by Subsection (a)(1) of this
1-16 section includes all programs operated by or in connection with the
1-17 Texas State Technical College System's campus located in the city
1-18 of Amarillo in Potter County on the effective date of the transfer.
1-19 (c) The transfer of programs authorized by Subsection (a)(1)
1-20 of this section and of personal property authorized by Subsection
1-21 (a)(2) of this section takes effect on the date specified by the
1-22 agreement. The transfer of real property authorized by Subsection
1-23 (a)(2) of this section takes effect on the date the board of
1-24 regents of the Texas State Technical College System certifies that
2-1 the removal, disposal, and abatement of hazardous wastes required
2-2 by Section 8 of this Act are completed.
2-3 (d) Notwithstanding Subsection (a)(2) of this section, the
2-4 board of regents of the Texas State Technical College System may
2-5 retain any duplicative holdings in the library of the Texas State
2-6 Technical College System's campus located in the city of Amarillo
2-7 in Potter County.
2-8 (e) The transfer authorized by this section is subject to
2-9 Sections 2-8 of this Act.
2-10 SECTION 2. POWERS AND DUTIES. The board of trustees of
2-11 Amarillo College may govern, operate, manage, and control the Texas
2-12 State Technical College System's campus located in the city of
2-13 Amarillo in Potter County and all land, buildings, facilities,
2-14 improvements, equipment, supplies, and property comprising that
2-15 campus pursuant to the powers, duties, and responsibilities
2-16 conferred by law on the board of trustees of Amarillo College for
2-17 the governance, operation, management, and control of Amarillo
2-18 College. The board of trustees of Amarillo College may discontinue
2-19 a program operated by or in connection with that campus.
2-20 SECTION 3. APPROPRIATIONS. Notwithstanding an agreement
2-21 between the board of regents of the Texas State Technical College
2-22 System and the board of trustees of Amarillo College to transfer to
2-23 the board of trustees of Amarillo College the governance,
2-24 operation, management, and control of the Texas State Technical
2-25 College System's campus located in the city of Amarillo in Potter
2-26 County, the legislature may appropriate money to the board of
2-27 regents of the Texas State Technical College System to construct,
3-1 improve, renovate, enlarge, or equip that campus until the date the
3-2 transfer of real property authorized by Section 1(a)(2) of this Act
3-3 takes effect.
3-4 SECTION 4. CONTRACTS AND WRITTEN OBLIGATIONS. (a) Except
3-5 as provided by Subsection (b) of this section, contracts and
3-6 written obligations of every kind and character, including bonds,
3-7 entered into by the board of regents of the Texas State Technical
3-8 College System for and on behalf of the Texas State Technical
3-9 College System's campus located in the city of Amarillo in Potter
3-10 County are ratified, confirmed, and validated. In those contracts
3-11 and written obligations, including bonds, the board of trustees of
3-12 Amarillo College is substituted for and stands and acts in the
3-13 place of the board of regents of the Texas State Technical College
3-14 System. The board of trustees is substituted for the board of
3-15 regents:
3-16 (1) on the date the transfers of programs authorized
3-17 by Section 1(a)(1) of this Act and of personal property authorized
3-18 by Section 1(a)(2) of this Act take effect, if the contracts and
3-19 obligations pertain to programs or personal property; or
3-20 (2) on the date the transfer of real property
3-21 authorized by Section 1(a)(2) of this Act takes effect, if the
3-22 contracts and obligations pertain to real property.
3-23 (b) Bonds issued by the board of regents of the Texas State
3-24 Technical College System for constructing, improving, renovating,
3-25 enlarging, or equipping property, buildings, structures,
3-26 facilities, roads, or related infrastructure of the Texas State
3-27 Technical College System's campus located in the city of Amarillo
4-1 in Potter County remain the obligation of the Texas State Technical
4-2 College System.
4-3 SECTION 5. LIABILITIES. Except as otherwise provided by
4-4 this Act, any liability incurred by the Texas State Technical
4-5 College System pertaining to the system's campus located in the
4-6 city of Amarillo in Potter County before the date the agreement
4-7 authorized by this Act takes effect, including leave of employees
4-8 accrued before the date the transfer of programs authorized by
4-9 Section 1(a)(1) of this Act takes effect, remains the
4-10 responsibility of the Texas State Technical College System.
4-11 SECTION 6. EMPLOYEE INSURANCE AND OTHER BENEFITS. Any
4-12 contract or other agreement with a provider of insurance or
4-13 employee benefits that provides coverage for employees of the Texas
4-14 State Technical College System's campus located in the city of
4-15 Amarillo in Potter County is not void nor does it terminate on the
4-16 date the transfer of programs authorized by Section 1(a)(1) of this
4-17 Act takes effect. Any such contract or agreement remains in full
4-18 force and effect as a contract or agreement of Amarillo College for
4-19 the employees transferred to Amarillo College until its date of
4-20 expiration unless it terminates before the expiration date in
4-21 accordance with its terms. All persons for whom the insurance or
4-22 benefits are provided on the date the transfer of programs
4-23 authorized by Section 1(a)(1) of this Act takes effect are covered
4-24 by the insurance or benefits in accordance with the terms of those
4-25 agreements until the respective dates of termination or expiration
4-26 of those agreements. The persons covered by the agreements who are
4-27 employees of Amarillo College on the respective termination or
5-1 expiration dates of those agreements shall be included in any
5-2 similar agreements that relate to other employees of Amarillo
5-3 College and that are in effect on the termination or expiration
5-4 dates.
5-5 SECTION 7. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES.
5-6 The transfer of governance, operation, management, and control of
5-7 the Texas State Technical College System's campus located in the
5-8 city of Amarillo in Potter County to the board of trustees of
5-9 Amarillo College does not affect:
5-10 (1) the credit hours earned by students at that campus
5-11 before the effective date of this Act; or
5-12 (2) the employment status on the effective date of
5-13 this Act of the administrative, faculty, or support staff of the
5-14 campus.
5-15 SECTION 8. ENVIRONMENTAL REMEDIATION. (a) The board of
5-16 regents of the Texas State Technical College System shall contract
5-17 for the removal, disposal, and abatement of hazardous wastes,
5-18 including asbestos, lead, and other toxic substances, at the
5-19 system's campus located in the city of Amarillo in Potter County.
5-20 The board of regents of the Texas State Technical College System
5-21 shall supervise the removal, disposal, and abatement. The board of
5-22 trustees of Amarillo College may assist in the supervision of the
5-23 removal, disposal, and abatement.
5-24 (b) On the completion of the removal, disposal, and
5-25 abatement, the board of regents of the Texas State Technical
5-26 College System shall notify the attorney general of the costs
5-27 incurred by the system for the removal, disposal, and abatement.
6-1 (c) The attorney general shall bring suit against the United
6-2 States to recover the costs incurred by the Texas State Technical
6-3 College System for the removal, disposal, and abatement.
6-4 SECTION 9. The importance of this legislation and the
6-5 crowded condition of the calendars in both houses create an
6-6 emergency and an imperative public necessity that the
6-7 constitutional rule requiring bills to be read on three several
6-8 days in each house be suspended, and this rule is hereby suspended,
6-9 and that this Act take effect and be in force from and after its
6-10 passage, and it is so enacted.