1-1     By:  Swinford (Senate Sponsor - Bivins)               H.B. No. 1011
 1-2           (In the Senate - Received from the House April 23, 2001;
 1-3     April 24, 2001, read first time and referred to Committee on
 1-4     Education; May 3, 2001, reported favorably by the following vote:
 1-5     Yeas 8, Nays 0; May 3, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the transfer of the Amarillo campus of the Texas State
 1-9     Technical College System to Amarillo College.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  DEFINITIONS. In this Act:
1-12                 (1)  "College" means Amarillo College.
1-13                 (2)  "System" means the Texas State Technical College
1-14     System.
1-15           SECTION 2.  TRANSFER. (a)  Not later than September 1, 2002,
1-16     the board of regents of the Texas State Technical College System
1-17     shall enter into an agreement with the board of regents of Amarillo
1-18     College for the consideration described by Subsection (b) of this
1-19     section to transfer to the board of regents of Amarillo College:
1-20                 (1)  the governance, operation, management, and control
1-21     of the Texas State Technical College System's campus located in the
1-22     city of Amarillo in Potter County as further described by Section 5
1-23     of this Act; and
1-24                 (2)  all right, title, and interest in the land,
1-25     buildings, facilities, improvements, equipment, supplies, and
1-26     property comprising or located on that campus.
1-27           (b)  Consideration for the transfer required by Subsection
1-28     (a) of this section shall be in the form of an agreement between
1-29     the system and the college that requires the college to use the
1-30     property in a manner that primarily promotes a public purpose of
1-31     the state.  If the college at any time fails to use the property in
1-32     that manner, ownership of the property automatically reverts to the
1-33     system.
1-34           (c)  The system shall transfer the property by an appropriate
1-35     instrument of transfer. The instrument must include a provision
1-36     that:
1-37                 (1)  requires the college to use the property in a
1-38     manner that primarily promotes a public purpose of the state;
1-39                 (2)  indicates that ownership of the property
1-40     automatically reverts to the system if the college at any time
1-41     fails to use the property in that manner;
1-42                 (3)  except as provided by Subdivision (4) of this
1-43     subsection, ratifies and confirms as permanent the Lease and
1-44     Transfer Agreement dated June 29, 1995, between the system and the
1-45     college that transferred various assets and other resources from
1-46     the system to the college; and
1-47                 (4)  terminates all provisions in the Lease and
1-48     Transfer Agreement described by Subdivision (3) of this subsection
1-49     relating to real property on the date the instrument of transfer
1-50     required by this subsection takes effect.
1-51           (d)  The transfer required by this section is subject to
1-52     Sections 3-5 of this Act.
1-53           SECTION 3.  POWERS AND DUTIES. The board of regents of the
1-54     college shall govern, operate, manage, and control the campus and
1-55     all land, buildings, facilities, improvements, equipment, supplies,
1-56     and property comprising or located on the campus pursuant to the
1-57     powers, duties, and responsibilities conferred by law on the board
1-58     of regents of the college for the management and control of the
1-59     college.
1-60           SECTION 4.  REAL PROPERTY LEASES. Real property leases
1-61     entered into by the board of regents of the system for and on
1-62     behalf of the campus are ratified, confirmed, and validated.  In
1-63     those real property leases, the board of regents of the college is
1-64     substituted for and stands and acts in the place of the board of
 2-1     regents of the system. The board of regents of the college is
 2-2     substituted for the board of regents of the system on the date the
 2-3     instrument of transfer required by Section 2(c) of this Act takes
 2-4     effect.
 2-5           SECTION 5.  REAL PROPERTY DESCRIPTION. The land referenced in
 2-6     Section 2(a)(1) of this Act that together with the other property
 2-7     described by Section 2(a)(2) of this Act comprises the Texas State
 2-8     Technical College System's Amarillo campus is described as follows:
 2-9           Any and all real property, and all improvements thereon,
2-10     owned by the Texas State Technical College System in Potter County,
2-11     Texas, in Sections 27, 28, 39, and 40, all in Block 2 of the Adams,
2-12     Beaty, and Moulton Survey, Potter County, Texas, said tract being
2-13     approximately 1,500 acres, more or less.
2-14           SECTION 6.  EFFECTIVE DATE. This Act takes effect immediately
2-15     if it receives a vote of two-thirds of all the members elected to
2-16     each house, as provided by Section 39, Article III, Texas
2-17     Constitution.  If this Act does not receive the vote necessary for
2-18     immediate effect, this Act takes effect September 1, 2001.
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