HBA-JLV H.B. 1011 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1011 By: Swinford Higher Education 3/26/2001 Introduced 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 be possible under the current lease. 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 requires that the ownership of the property be reverted to the system if the college at any time fails to do so. The bill authorizes the college to allow the system to retain any personal property located on the campus, including any library holdings that duplicate the college library holdings. The bill requires the college to undertake, for the academic year in which the transfer occurs, operation of all programs operated by or in connection with the campus. The college is authorized to discontinue a program in connection with the campus after the academic year. The bill requires the agreement to provide for the transfer of system employees to the college, but does not require the college to retain all system employees (SECTION 2). 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 (SECTION 3). The bill requires the transfer to the college for the benefit of the campus any federal educational funds designated for the academic year in which the transfer of the system's Amarillo campus occurs (SECTION 4). The board of regents of the college is substituted for and stands and acts in place of the board of regents of the system in all contracts and written obligations entered into by the board of regents of the system on the date the transfer occurs. The bill provides that bonds issued by the board of regents of the system for the campus and liabilities incurred by the system pertaining to the campus prior to the transfer date remain the obligation of the system (SECTION 5 and SECTION 6). The bill also provides that any contract or agreement with a provider of insurance or other employee benefits that provides coverage for the employees of the campus remains in full force until the benefits program expires. Upon expiration of the insurance or benefits program, the bill requires the college to include the covered employees in similar agreements that relate to other employees of the college (SECTION 7). The bill provides that the transfer, governance, operation, management, and control of the campus to the board of regents of the college does not affect credit hours earned by students or the employment status of campus staff (SECTION 8). The bill sets forth the property boundaries to describe the 1,562.279 acres of land comprising the Texas State Technical College System's Amarillo campus (SECTION 9). EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.