By Swinford H.B. No. 1011 77R4897 PAM-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. DEFINITIONS. In this Act: 1-6 (1) "College" means Amarillo College. 1-7 (2) "System" means the Texas State Technical College 1-8 System. 1-9 SECTION 2. TRANSFER. (a) Not later than September 1, 2002, 1-10 the board of regents of the Texas State Technical College System 1-11 shall enter into an agreement with the board of regents of Amarillo 1-12 College for the consideration described by Subsection (c) of this 1-13 section to transfer to the board of regents of Amarillo College: 1-14 (1) the governance, operation, management, and control 1-15 of the Texas State Technical College System's campus located in the 1-16 city of Amarillo in Potter County as further described by Section 9 1-17 of this Act; and 1-18 (2) all right, title, and interest in the land, 1-19 buildings, facilities, improvements, equipment, supplies, and 1-20 property comprising or located on that campus. 1-21 (b) Notwithstanding the requirement of Subsection (a)(2) of 1-22 this section, the college may agree to the system's retaining any 1-23 personal property located on the campus, including any library 1-24 holdings that duplicate Amarillo College library holdings. 2-1 (c) Consideration for the transfer required by Subsection 2-2 (a) of this section shall be in the form of an agreement between 2-3 the system and the college that requires the college to use the 2-4 property in a manner that primarily promotes a public purpose of 2-5 the state. If the college at any time fails to use the property in 2-6 that manner, ownership of the property automatically reverts to the 2-7 system. 2-8 (d) The system shall transfer the property by an appropriate 2-9 instrument of transfer. The instrument must include a provision 2-10 that: 2-11 (1) requires the college to use the property in a 2-12 manner that primarily promotes a public purpose of the state; and 2-13 (2) indicates that ownership of the property 2-14 automatically reverts to the system if the college at any time 2-15 fails to use the property in that manner. 2-16 (e) The transfer required by Subsection (a)(1) of this 2-17 section includes all programs operated by or in connection with the 2-18 campus on the effective date of the transfer. The college shall 2-19 agree to undertake, for the academic year in which the transfer 2-20 occurs, operation of all programs operated by or in connection with 2-21 the campus during the preceding academic year. The college shall 2-22 operate through the academic year in which the transfer occurs 2-23 those programs that have continuing enrollment, but thereafter may 2-24 discontinue a program operated by or in connection with that 2-25 campus. 2-26 (f) The agreement shall provide for the transfer to the 2-27 college of system employees on the campus, but the college is not 3-1 required to retain all employees of the system or to employ those 3-2 retained in positions of the same title or duties that the 3-3 employees held under the system. 3-4 (g) The transfer required by this section is subject to 3-5 Sections 3-8 of this Act. 3-6 SECTION 3. POWERS AND DUTIES. The board of regents of the 3-7 college shall govern, operate, manage, and control the campus and 3-8 all land, buildings, facilities, improvements, equipment, supplies, 3-9 and property comprising or located on the campus pursuant to the 3-10 powers, duties, and responsibilities conferred by law on the board 3-11 of regents of the college for the governance, operation, 3-12 management, and control of the college. 3-13 SECTION 4. FEDERAL FUNDS. Any federal technical-vocational 3-14 education money designated for the academic year in which the 3-15 transfer of the system's Amarillo campus occurs, including a 3-16 Perkins allocation or a continuing Perkins discretionary grant, 3-17 shall be transferred to the college for the benefit of the campus. 3-18 SECTION 5. CONTRACTS AND WRITTEN OBLIGATIONS. (a) Except 3-19 as provided by Subsection (b), contracts and written obligations of 3-20 every kind and character entered into by the board of regents of 3-21 the system for and on behalf of the campus are ratified, confirmed, 3-22 and validated. In those contracts and written obligations the 3-23 board of regents of the college is substituted for and stands and 3-24 acts in the place of the board of regents of the system. The board 3-25 of regents of the college is substituted for the board of regents 3-26 of the system on the date the instrument of transfer required by 3-27 Section 2(d) of this Act takes effect. 4-1 (b) Bonds issued by the board of regents of the system for 4-2 constructing, improving, renovating, enlarging, or equipping 4-3 property, buildings, structures, facilities, roads, or related 4-4 infrastructure of the campus remain the obligation of the system. 4-5 SECTION 6. LIABILITIES. Except as otherwise provided by 4-6 this Act, any liability incurred by the system pertaining to the 4-7 campus before the date the instrument of transfer required by 4-8 Section 2(d) of this Act takes effect, including leave of employees 4-9 accrued before the date the transfer of programs under Section 4-10 2(a)(1) of this Act takes effect, remains the responsibility of the 4-11 system. 4-12 SECTION 7. EMPLOYEE INSURANCE AND OTHER BENEFITS. Any 4-13 contract or other agreement with a provider of insurance or 4-14 employee benefits that provides coverage for employees of the 4-15 campus is not void and does not terminate on the date the transfer 4-16 of programs under Section 2(a)(1) of this Act takes effect. Any 4-17 such contract or agreement remains in full force and effect as a 4-18 contract or agreement of the college for the employees transferred 4-19 to the college until its date of expiration unless it terminates 4-20 before the expiration date in accordance with its terms. All 4-21 persons for whom the insurance or benefits are provided on the date 4-22 the transfer of programs under Section 2(a)(1) of this Act takes 4-23 effect are covered by the insurance or benefits in accordance with 4-24 the terms of those agreements until the respective dates of 4-25 termination or expiration of those agreements. The persons covered 4-26 by the agreements who are employees of the college on the 4-27 respective termination or expiration dates of those agreements 5-1 shall be included in any similar agreements that relate to other 5-2 employees of the college and that are in effect on the termination 5-3 or expiration dates. 5-4 SECTION 8. EFFECT OF TRANSFER ON STUDENTS AND EMPLOYEES. 5-5 The transfer of governance, operation, management, and control of 5-6 the campus to the board of regents of the college does not affect: 5-7 (1) the credit hours earned by students at the campus 5-8 before the effective date of this Act; or 5-9 (2) the employment status on the effective date of 5-10 this Act of the administrative, faculty, or support staff of the 5-11 campus. 5-12 SECTION 9. REAL PROPERTY DESCRIPTION. The land referenced in 5-13 Section 2(a)(2) of this Act that together with the other property 5-14 described by Section 2(a)(2) of this Act comprises the Texas State 5-15 Technical College System's Amarillo campus is described as follows: 5-16 1,562.279 acres of land, more or less, more particularly 5-17 described as follows: 5-18 A tract of land situate in Sections 27, 28, 37, 38, 39, 40, 5-19 49, 50, 51, and 52, all in Block 2 of the Adams, Beaty and Moulton 5-20 Survey, Potter County, Texas, said tract being more particularly 5-21 described as follows: 5-22 Beginning at a point on the Section corner common to Sections 5-23 18, 19, 26, and 27, Block 2, A. B. and M. Survey, Potter County, 5-24 Texas; thence S. 00 24' W. along the East boundary line of said 5-25 Section 27 and center line of Farm to Market Road No. 1912, a 5-26 distance of 10,508.32 feet to a point on the North right-of-way of 5-27 old U. S. Highway No. 66 from whence the Southeast corner of 6-1 Section 28 bears S. 00 24' W., a distance of 50 feet; thence N. 6-2 89 31' W., along the North right-of-way line of said U. S. Highway 6-3 No. 66 and along a line parallel to and 50 feet North of the South 6-4 boundary line of said Section 28, a distance of 5273.20 feet to a 6-5 point in the West line of said Section 28 and the East line of 6-6 Section 39; thence S. 00 43' W., a distance of 50.00 feet to the 6-7 Southwest corner of said Section 28; thence continuing S. 00 43' 6-8 W., a distance of 5276.00 feet to a point on the Southeast corner 6-9 of said Section 38; thence N. 89 35' W., along the South line of 6-10 said Section 38, a distance of 3804.80 feet to a point; thence S. 6-11 00 25' W., a distance of 350.00 feet to a point; thence N. 89 35' 6-12 W., a distance of 1500.00 feet to a point on the West line of said 6-13 Section 37 and the East line of Section 52; thence S. 00 25' W., 6-14 along the East line of said Section 52, a distance of 1267.27 feet 6-15 to a point on the South right-of-way line of the Chicago and Rock 6-16 Island R. R.; thence S. 80 18' W., along the South right-of-way 6-17 line of the Chicago and Rock Island R. R., a distance of 2694.13 6-18 feet to a point; thence North along the North-South quarter line of 6-19 said Section 52 and Section 51, a distance of 5429.16 feet to a 6-20 point; thence S. 86 48'45" E., a distance of 5395.50 feet to a 6-21 point; thence N. 00 17' E., a distance of 2107.90 feet to a point; 6-22 thence N. 89 43' W., a distance of 1400 feet to a point; thence N. 6-23 43 45' W., a distance of 1927.00 feet to a point; thence N. 00 24' 6-24 E., a distance of 5544.8 feet to a point; thence N. 69 46'00" E., 6-25 parallel to and 150 feet Northerly of the present Southerly 6-26 right-of-way line of U. S. Highway No. 60 and 66, a distance of 6-27 10,522.74 feet to a point on the North line of said Section 27; 7-1 thence S. 89 38' E. along the North line of said Section 27, a 7-2 distance of 426.33 feet to a point; thence S. 69 44'59" W., along 7-3 the present Southerly right-of-way line of said U. S. Highway 60 7-4 and 66, a distance of 580.29 feet to a point; thence S. 00 24' W., 7-5 a distance of 867.05 feet to a point; thence S. 89 36' E., a 7-6 distance of 886.00 feet to a point on the West right-of-way line of 7-7 said Farm-Market Road No. 1912; thence N. 00 24' E. along said 7-8 Farm-Market Road No. 1912 and parallel to and 40 feet westerly of 7-9 said East boundary line of said Section 27, a distance of 1071.51 7-10 feet to a point on the North boundary line of said Section 27; 7-11 thence S. 89 38' E. along the North boundary line of said Section 7-12 27, a distance of 40.00 feet to the point of beginning, containing 7-13 an area of 2,958.60 acres, more or less. 7-14 LESS AND EXCEPT five parcels of land described as follows: 7-15 1. A 319.084-acre tract of land situated in Sections Nos. 51 7-16 and 52, Block No. 2, A. B. and M. Survey, Potter County, Texas, 7-17 more particularly described as follows: 7-18 BEGINNING at the Northeast corner of said Section No. 52, 7-19 being the common corner of Sections Nos. 51, 52, 37, and 38; 7-20 Thence South 0 24'00" West along the east side of said 7-21 Section No. 52 a distance of 1617.27 feet to a point; 7-22 Thence South 80 13'07" West a distance of 2694.13 feet to a 7-23 point; 7-24 Thence North 0 00'38" East a distance of 5507.39 feet to a 7-25 point; 7-26 Thence South 86 48'45" East a distance of 2692.34 feet to a 7-27 point; 8-1 Thence South 0 24'00" West along the east side of Section No. 8-2 51 a distance of 3282.84 feet to the Southeast corner of said 8-3 Section No. 51, being also the Northeast corner of said Section No. 8-4 52 and the point and place of beginning and containing 319.084 8-5 acres, more or less. 8-6 2. A 731.163 acre tract of land situated in Sections Nos. 8-7 37, 38, 39, and 40, Block No. 2, A. B. & M. Survey, Potter County, 8-8 Texas, more particularly described as follows: 8-9 BEGINNING at the Southwest corner of said Section No. 38, 8-10 being the common corner of Sections Nos. 37, 38, 51, and 52; 8-11 THENCE North 0 24'00" East a distance of 3,282.72 feet to a 8-12 point; 8-13 Thence South 86 48'45" East a distance of 2,703.06 feet to a 8-14 point; 8-15 Thence North 0 17'00" East a distance of 2,107.90 feet to a 8-16 point; 8-17 Thence North 89 43'00" West a distance of 1,400.00 feet to a 8-18 point; 8-19 Thence North 43 45'00" West a distance of 1,927.00 feet to a 8-20 point; 8-21 Thence North 0 24'00" East a distance of 5,520.30 feet to a 8-22 point; 8-23 Thence North 69 46'00" East a distance of 1,133.63 feet to a 8-24 point; 8-25 Thence South 0 24'00" West a distance of 2,784.00 feet to a 8-26 point; 8-27 Thence South 89 36'00" East a distance of 361.15 feet to a 9-1 point; 9-2 Thence South 0 24'00" West a distance of 2,286.00 feet to a 9-3 point; 9-4 Thence South 89 36'00" East a distance of 480.00 feet to a 9-5 point; 9-6 Thence South 0 24'00" West a distance of 873.40 feet to a 9-7 point; 9-8 Thence South 89 36'00" East a distance of 485.00 feet to a 9-9 point; 9-10 Thence South 0 24'00" West a distance of 1,170.00 feet to a 9-11 point; 9-12 Thence South 89 43'00" East a distance of 2,931.65 feet to a 9-13 point; 9-14 Thence South 0 37'35" West a distance of 5,419.59 feet to a 9-15 point; 9-16 Thence North 89 56'48" West a distance of 3,750.72 feet to a 9-17 point; 9-18 Thence South 0 24'00" West a distance of 350.00 feet to a 9-19 point; 9-20 Thence North 89 56'48" West a distance of 1,500.00 feet to a 9-21 point; 9-22 Thence North 0 24'00" East a distance of 350.00 feet to the 9-23 Southwest corner of said Section No. 38, being the common corner of 9-24 Sections Nos. 37, 38, 51, and 52, and also being the point and 9-25 place of beginning and containing 731.163 acres, more or less. 9-26 3. A tract of land situate in Section 27, Block 2, A. B. and 9-27 M. Survey, Potter County, Texas, and being more particularly 10-1 described as follows: 10-2 Commencing at the Section corner common to Sections 18, 19, 10-3 26, and 27, Block 2, A. B. and M. Survey, Potter County, Texas; 10-4 thence N. 89 28' W., a distance of 40 feet to a point on the 10-5 Westerly right-of-way line of Farm Market Road 1912; thence S. 10-6 00 24' W., along said Westerly right-of-way line of Farm Market 10-7 Road 1912, a distance of 1071.51 feet to the point of beginning of 10-8 herein described tract; thence S. 00 24' W., a distance of 2640 10-9 feet to a point; thence N. 89 36' W., a distance of 1680 feet to a 10-10 point; thence S. 00 24' W., a distance of 250 feet to a point; 10-11 thence N. 87 30' W., a distance of 2860 feet to a point; thence N. 10-12 03 41'03" E., a distance of 2346.19 feet to a point; thence N. 10-13 69 46' E., a distance of 3725.92 feet to a point; thence S. 00 24' 10-14 W., a distance of 867.05 feet to a point; thence S. 89 36' E., a 10-15 distance of 886 feet to the point of beginning, containing an area 10-16 of 299.32 acres, more or less. 10-17 4. A 24.873-acre tract situated in Section No. 28, Block 2, 10-18 A. B. and M. Survey, Potter County, Texas, more particularly 10-19 described as follows: 10-20 Commencing at the Southwest corner of Section 28, Block No. 10-21 2, A. B. & M. Survey, in Potter County, Texas, and running thence 10-22 due North along the West line of said Section 28, 3186.46 feet to a 10-23 point; thence N 89 56' 25" E 755.75 feet to the point of beginning 10-24 of the parcel of land herein described; thence N 00 03' 35" W 10-25 695.56 feet to a point; thence along a curve to the right, with a 10-26 long chord of 84.84 feet bearing N 34 23' 04" E, a radius of 75.00 10-27 feet and a central angle of 68 53' 18", an arc distance of 90.17 11-1 feet to a point; thence N 68 49' 43" E 680.62 feet to a point; 11-2 thence N 21 10' 17" W 150.00 feet to a point; thence N 68 49' 43" 11-3 E 300.00 feet to a point; thence S 21 10' 17" E 341.81 feet to a 11-4 point; thence along a curve to the right, with a long chord of 11-5 644.80 feet bearing S 10 36' 56" E, a radius of 1759.90 feet and a 11-6 central angle of 21 06' 42", an arc distance of 648.47 feet to a 11-7 point; thence along a curve to the left, with a long chord of 11-8 222.77 feet bearing S 06 07' 50" E, a radius of 1053.23 feet and a 11-9 central angle of 12 08' 29", an arc distance of 223.19 feet to a 11-10 point; thence S 77 03' 52" W 219.60 feet to a point; thence along 11-11 a curve to the right, with a long chord of 195.72 feet bearing S 11-12 83 30' 09" W, a radius of 872.73 feet and a central angle of 12 11-13 52' 33", an arc distance of 196.12 feet to a point; thence S 89 11-14 56' 25" W 13.00 feet to a point; thence along a curve to the right, 11-15 with a long chord of 49.50 feet bearing N 45 03' 35" W, a radius 11-16 of 35.00 feet and a central angle of 90 00', an arc distance of 11-17 54.98 feet to a point; thence N 00 03' 35" W 3.50 feet to a point; 11-18 thence S 89 56' 25" W 34.00 feet to a point; thence along a curve 11-19 to the right, with a long chord of 49.50 feet bearing S 44 56' 25" 11-20 W, a radius of 35.00 feet and a central angle of 90 00', an arc 11-21 distance of 54.98 feet to a point; thence S 00 03' 35" E 17.00 11-22 feet to a point; thence S 89 56' 25" W 648.00 feet to the point of 11-23 beginning, containing 24.873 acres of land, more or less. 11-24 5. A 21.881-acre tract situated in Section No. 28, Block 2, 11-25 A. B. and M. Survey, Potter County, Texas, more particularly 11-26 described as follows: 11-27 Commencing at the Southwest corner of Section 28, Block No. 12-1 2, A. B. and M. Survey, in Potter County, Texas, and running thence 12-2 due North along the West line of said Section 28, 1276.74 feet to a 12-3 point; thence North 89 56' 25" E 832.57 feet to the point of 12-4 beginning of the parcel of land herein described; thence N 00 03' 12-5 35" W 150.00 feet to a point; thence N 89 56' 25" E 8.66 feet to a 12-6 point; thence along a curve to the right, with a long chord of 12-7 358.81 feet bearing S 77 18' 35" E, a radius of 812.90 feet and a 12-8 central angle of 25 30' 00", an arc distance of 361.79 feet to a 12-9 point; thence S 64 33' 35" E 119.42 feet to a point; thence along 12-10 a curve to the left, with a long chord of 202.63 feet bearing N 19 12-11 01' 32" E, a radius of 2246.04 feet and a central angle of 05 10' 12-12 15", an arc distance of 202.70 feet to a point; thence S 73 33' 12-13 35" E 164.51 feet to a point; thence N 16 26' 25" E 48.50 feet to 12-14 a point; thence S 73 33' 35" E 483.99 feet to a point; thence S 12-15 16 26' 25" W 48.50 feet to a point; thence along a curve to the 12-16 right, with a long chord of 357.82 feet bearing S 20 00' 24" W, a 12-17 radius of 2876.24 feet and a central angle of 07 07' 57", an arc 12-18 distance of 358.05 feet to a point; thence S 66 25' 38" E 101.50 12-19 feet to a point; thence along a curve to the right, with a long 12-20 chord of 157.95 feet bearing S 25 05' 33" W, a radius of 2977.74 12-21 feet and a central angle of 03 02' 22", an arc distance of 157.96 12-22 feet to a point; thence N 63 23' 16" W 101.50 feet to a point; 12-23 thence along a curve to the right, with a long chord of 141.95 feet 12-24 bearing S 28 01' 35" W, a radius of 2876.24 feet and a central 12-25 angle of 02 49' 41", an arc distance of 141.97 feet to a point; 12-26 thence S 29 26' 25" W 54.29 feet to a point; thence along a curve 12-27 to the left, with a long chord of 333.00 feet bearing S 15 54' 01" 13-1 W, a radius of 711.15 feet and a central angle of 27 04' 49", an 13-2 arc distance of 336.12 feet to a point; thence S 89 56' 25" W 13-3 657.27 feet to a point; thence N 42 03' 35" W 253.49 feet to a 13-4 point; thence along a curve to the left with a long chord of 467.54 13-5 feet bearing N 39 24' 52" E, a radius of 2246.04 feet and a 13-6 central angle of 11 56' 54", an arc distance of 463.71 feet to a 13-7 point; thence along a curve to the left, with a long chord of 13-8 163.46 feet bearing N 31 21' 18" E, a radius of 2246.04 feet and a 13-9 central angle of 04 10' 15", an arc distance of 163.50 feet to a 13-10 point; thence N 64 33' 35" W 119.42 feet to a point; thence along 13-11 a curve to the left, with a long chord of 226.39 feet bearing N 77 13-12 18' 35" W, a radius of 512.90 feet and a central angle of 25 30', 13-13 an arc distance of 228.27 feet to a point; thence S 89 56' 25" W 13-14 8.66 feet to a point; thence N 00 03' 35" W 150.00 feet to the 13-15 point of beginning, containing 21.881 acres of land, more or less. 13-16 LEAVING A NET AREA OF 1,562.279 acres, more or less. 13-17 SECTION 10. EFFECTIVE DATE. This Act takes effect 13-18 immediately if it receives a vote of two-thirds of all the members 13-19 elected to each house, as provided by Section 39, Article III, 13-20 Texas Constitution. If this Act does not receive the vote 13-21 necessary for immediate effect, this Act takes effect September 1, 13-22 2001.