SRC-MKV H.B. 1011 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1011
77R10420 PAM-FBy: Swinford (Bivins)
Education
4/27/2001
Engrossed


DIGEST AND PURPOSE 

The 74th Legislature transferred the operation of the Texas State Technical
College Amarillo Campus (campus) to Amarillo College (college). This
transfer was an effort to reduce the cost to the State of Texas incurred in
providing the training offered by the campus to the residents of the Texas
Panhandle. Originally, the intent of the legislature was to transfer the
ownership of the campus to the college. Because of uncertainty regarding
the necessity and liability of environmental cleanup on the system campus,
the decision was made to lease the system facility to the college.
Ownership of the system campus could allow the college to pursue additional
innovative long-term partnerships on the campus with local entities and
businesses that may not be possible under the current lease. H.B. 1011
requires the board of regents of the Texas State Technical College System
to enter into an agreement with the board of regents of Amarillo College
for the transfer of the system's Amarillo campus to the college.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  DEFINITIONS. Defines "college" and "system."
  
SECTION 2.  TRANSFER. (a)  Requires that, not later than September 1, 2002,
the board of regents of the Texas State Technical College System (system)
enter into an agreement with the board of regents of Amarillo College for
the consideration described by Subsection (b) of this section to transfer
to the board of regents of Amarillo College (college): 

(1)  the governance, operation, management, and control of the Texas State
Technical College System's campus located in the city of Amarillo in Potter
County as further described by Section 5 of this Act; and 
(2)  all right, title, and interest in the land, buildings, facilities,
improvements, equipment, supplies, and property comprising or located on
that campus. 

(b)  Requires consideration for the transfer required by Subsection (a) of
this section to be in the form of an agreement between the system and the
college that requires the college to use the property in a manner that
primarily promotes a public purpose of the state.  Provides that if the
college at any time fails to use the property in that manner, ownership of
the property automatically reverts to the system. 

(c)  Requires the system to transfer the property by an appropriate
instrument of transfer. Requires the instrument to include a certain
provision. 
  
(d)  Provides that the transfer required by this section is subject to
Sections 3-5 of this Act. 
 
SECTION 3.  POWERS AND DUTIES.  Requires the board of regents of the
college to govern,  operate, manage, and control the campus and all land,
buildings, facilities, improvements, equipment, supplies, and property
comprising or located on the campus pursuant to the powers, duties, and
responsibilities conferred by law on the board of regents of the college
for the management and control of the college. 
 
SECTION 4.  REAL PROPERTY LEASES.  Provides that real property leases
entered into by the board of regents of the system for and on behalf of the
campus are ratified, confirmed, and validated. Provides that in those real
property leases, the board of regents of the college is substituted for and
stands and acts in the place of the board of regents of the system.
Provides that the board of regents of the college is substituted for the
board of regents of the system on the date the instrument of transfer
required by Section 2(c) of this Act takes effect. 
 
SECTION 5.  REAL PROPERTY DESCRIPTION.  Sets forth the real property
description. 

SECTION 6.  EFFECTIVE DATE.  Effective date: upon passage or September 1,
2001.