By: Bivins S.B. No. 1722
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 (b) 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 5
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) Consideration for the transfer required by Subsection
1-22 (a) of this section shall be in the form of an agreement between
1-23 the system and the college that requires the college to use the
1-24 property in a manner that primarily promotes a public purpose of
1-25 the state. If the college at any time fails to use the property in
2-1 that manner, ownership of the property automatically reverts to the
2-2 system.
2-3 (c) The system shall transfer the property by an appropriate
2-4 instrument of transfer. The instrument must include a provision
2-5 that:
2-6 (1) requires the college to use the property in a
2-7 manner that primarily promotes a public purpose of the state;
2-8 (2) indicates that ownership of the property
2-9 automatically reverts to the system if the college at any time
2-10 fails to use the property in that manner;
2-11 (3) except as provided by Subdivision (4) of this
2-12 subsection, ratifies and confirms as permanent the Lease and
2-13 Transfer Agreement dated June 29, 1995, between the system and the
2-14 college that transferred various assets and other resources from
2-15 the system to the college; and
2-16 (4) terminates all provisions in the Lease and
2-17 Transfer Agreement described by Subdivision (3) of this subsection
2-18 relating to real property on the date the instrument of transfer
2-19 required by this subsection takes effect.
2-20 (d) The transfer required by this section is subject to
2-21 Sections 3, 4, and 5 of this Act.
2-22 SECTION 3. POWERS AND DUTIES. The board of regents of the
2-23 college shall govern, operate, manage, and control the campus and
2-24 all land, buildings, facilities, improvements, equipment, supplies,
2-25 and property comprising or located on the campus pursuant to the
2-26 powers, duties, and responsibilities conferred by law on the board
3-1 of regents of the college for the management and control of the
3-2 college.
3-3 SECTION 4. REAL PROPERTY LEASES. Real property leases
3-4 entered into by the board of regents of the system for and on
3-5 behalf of the campus are ratified, confirmed, and validated. In
3-6 those real property leases, the board of regents of the college is
3-7 substituted for and stands and acts in the place of the board of
3-8 regents of the system. The board of regents of the college is
3-9 substituted for the board of regents of the system on the date the
3-10 instrument of transfer required by Subsection (c), Section 2 of
3-11 this Act, takes effect.
3-12 SECTION 5. REAL PROPERTY DESCRIPTION. The land referenced
3-13 in Subdivision (1), Subsection (a), Section 2 of this Act, that
3-14 together with the other property described by Subdivision (2),
3-15 Subsection (a), Section 2 of this Act, comprises the Texas State
3-16 Technical College System's Amarillo campus is described as follows:
3-17 Any and all real property, and all improvements thereon,
3-18 owned by the Texas State Technical College System in Potter County,
3-19 Texas, in Sections 27, 28, 39, and 40, all in Block 2 of the Adams,
3-20 Beaty, and Moulton Survey, Potter County, Texas, said tract being
3-21 approximately 1,500 acres, more or less.
3-22 SECTION 6. EFFECTIVE DATE. This Act takes effect
3-23 immediately if it receives a vote of two-thirds of all the members
3-24 elected to each house, as provided by Section 39, Article III,
3-25 Texas Constitution. If this Act does not receive the vote
3-26 necessary for immediate effect, this Act takes effect September 1,
4-1 2001.