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.