SRC-MKV S.B. 1722 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1722
By: Bivins
Education
3/19/2001
As Filed


DIGEST AND PURPOSE 

In 1970, the legislature created an additional campus of the Texas State
Technical College (TSTC) at Amarillo, and that campus operated as part of
the TSTC system until 1995.  Since 1995, TSTC has not been administering
any programs at the Amarillo campus.  Amarillo College has been using the
land, facilities, and other property through a leasing agreement.  However,
TSTC has maintained ownership of the property and control of the programs
has never been transferred.  As proposed, S.B. 1722 requires the board of
regents of the two institutions to enter into an agreement to transfer the
governance, operation, management, and control of the campus, and all
rights, title, and interest in the land, buildings, facilities,
improvements, equipment, supplies, and property comprising or located on
the campus.  The bill also sets guidelines for the instrument of transfer
that the two institutions must enter into and specifies that all real
property leases are transferred to Amarillo College from TSTC. 

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 the board of regents of the Texas State
Technical College System (system), not later than September 1, 2002, to
enter into an agreement with the board of regents of Amarillo College
(college) for the consideration described by Subsection (b) of this section
to transfer to the board of regents of the college: 

(1) the governance, operation, management, and control of the 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) to
be in a certain form. 

(c) Requires the system to transfer all property by an appropriate
instrument of transfer. Requires the instrument to include a specific
provision regarding the use of the property. 

(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.  Sets forth provisions relating to real
property leases entered into by the board of regents of the system. 

SECTION 5.  REAL PROPERTY DESCRIPTION.  Sets forth the description of the
land referenced in SECTION 2 (a)(2) of this Act. 

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