HBA-JLV H.B. 1011 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1011
By: Swinford
Higher Education
7/17/2001
Enrolled


BACKGROUND 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 citizens of the
Panhandle of Texas. 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 have been possible under the
lease through which the college operated the campus prior to the 77th
Legislature.  House Bill 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

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1011 requires the board of regents of the Texas State Technical
College System (system) to enter into an agreement with the board of
regents of Amarillo College (college) for the transfer of the system's
Amarillo campus to the college not later than September 1, 2002.  The bill
requires the system to transfer all control of the campus, including all
right, title, and interest in materials and property comprising or located
on that campus.  The bill requires the college to use  the property in a
manner that primarily promotes a public purpose of the state and provides
that the ownership of the property automatically reverts to the system if
the college at any time fails to do so.  The instrument of the transfer
must ratify and confirm as permanent the Lease and Transfer Agreement dated
June 29, 1995, between the system and the college that transferred various
assets and other resources from the system to the college, and must
terminate all provisions in the Lease and Transfer Agreement relating to
real property on the date the instrument of transfer takes effect. 

The bill sets forth the powers and duties of the board of regents of the
college for the governance, operation,  management, and control of the
campus. 

The bill provides that real property leases entered into by the board of
the system for and on behalf of the campus are ratified, confirmed, and
validated.  The bill provides that in those real property leases, the board
of the college is substituted for and stands and acts in the place of the
board of the system. 

EFFECTIVE DATE

June 11, 2001.