By:  Bivins                                           S.B. No. 1722
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                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
 2-1     property in a manner that primarily promotes a public purpose of
 2-2     the state.  If the college at any time fails to use the property in
 2-3     that manner, ownership of the property automatically reverts to the
 2-4     system.
 2-5           (c)  The system shall transfer the property by an appropriate
 2-6     instrument of transfer. The instrument must include a provision
 2-7     that:
 2-8                 (1)  requires the college to use the property in a
 2-9     manner that primarily promotes a public purpose of the state; and
2-10                 (2)  indicates that ownership of the property
2-11     automatically reverts to the system if the college at any time
2-12     fails to use the property in that manner;
2-13                 (3)  except as provided by Subdivision (4), ratifies
2-14     and confirms as permanent the Lease and Transfer Agreement dated
2-15     June 29, 1995, between the system and the college that transferred
2-16     various assets and other resources from the system to the college;
2-17     and
2-18                 (4)  terminates all provisions in the Lease and
2-19     Transfer Agreement described by Subdivision (3) relating to real
2-20     property on the date the instrument of transfer required by Section
2-21     (2)(c) of this Act takes effect.
2-22           (d)  The transfer required by this section is subject to
2-23     Sections 3-5 of this Act.
2-24           SECTION 3.  POWERS AND DUTIES.  The board of regents of the
2-25     college shall govern, operate, manage, and control the campus and
2-26     all land, buildings, facilities, improvements, equipment, supplies,
 3-1     and property comprising or located on the campus pursuant to the
 3-2     powers, duties, and responsibilities conferred by law on the board
 3-3     of regents of the college for the management and control of the
 3-4     college.
 3-5           SECTION 4.  REAL PROPERTY LEASES.  (a)  Real property leases
 3-6     entered into by the board of regents of the system for and on
 3-7     behalf of the campus are ratified, confirmed, and validated.  In
 3-8     those real property leases, the board of regents of the college is
 3-9     substituted for and stands and acts in the place of the board of
3-10     regents of the system.  The board of regents of the college is
3-11     substituted for the board of regents of the system on the date the
3-12     instrument of transfer required by Section 2(c) of this Act takes
3-13     effect.
3-14           SECTION 5.  REAL PROPERTY DESCRIPTION.  The land referenced
3-15     in Section 2(a)(2) of this Act that together with the other
3-16     property described by Section 2(a)(2) of this Act comprises the
3-17     Texas State Technical College System's Amarillo campus is described
3-18     as follows:
3-19           1,562.279 acres of land, more or less, more particularly
3-20     described as follows:
3-21           A tract of land situate in Sections 27, 28, 37, 38, 39, 40,
3-22     49, 50, 51, and 52, all in Block 2 of the Adams, Beaty and Moulton
3-23     Survey, Potter County, Texas, said tract being more particularly
3-24     described as follows:
3-25           Beginning at a point on the Section corner common to Sections
3-26     18, 19, 26, and 27, Block 2, A. B. and M. Survey, Potter County,
 4-1     Texas; thence S. 00 24' W. along the East boundary line of said
 4-2     Section 27 and center line of Farm to Market Road No. 1912, a
 4-3     distance of 10,508.32 feet to a point on the North right-of-way of
 4-4     old U. S. Highway No. 66 from whence the Southeast corner of
 4-5     Section 28 bears S. 00 24' W., a distance of 50 feet; thence N.
 4-6     89 31' W., along the North right-of-way line of said U. S. Highway
 4-7     No. 66 and along a line parallel to and 50 feet North of the South
 4-8     boundary line of said Section 28, a distance of 5273.20 feet to a
 4-9     point in the West line of said Section 28 and the East line of
4-10     Section 39; thence S. 00 43' W., a distance of 50.00 feet to the
4-11     Southwest corner of said Section 28; thence continuing S. 00 43'
4-12     W., a distance of 5276.00 feet to a point on the Southeast corner
4-13     of said Section 38; thence N. 89 35' W., along the South line of
4-14     said Section 38, a distance of 3804.80 feet to a point; thence S.
4-15     00 25' W., a distance of 350.00 feet to a point; thence N. 89 35'
4-16     W., a distance of 1500.00 feet to a point on the West line of said
4-17     Section 37 and the East line of Section 52; thence S. 00 25' W.,
4-18     along the East line of said Section 52, a distance of 1267.27 feet
4-19     to a point on the South right-of-way line of the Chicago and Rock
4-20     Island R. R.; thence S. 80 18' W., along the South right-of-way
4-21     line of the Chicago and Rock Island R. R., a distance of 2694.13
4-22     feet to a point; thence North along the North-South quarter line of
4-23     said Section 52 and Section 51, a distance of 5429.16 feet to a
4-24     point; thence S. 86 48'45" E., a distance of 5395.50 feet to a
4-25     point; thence N. 00 17' E., a distance of 2107.90 feet to a point;
4-26     thence N. 89 43' W., a distance of 1400 feet to a point; thence N.
 5-1     43 45' W., a distance of 1927.00 feet to a point; thence N. 00 24'
 5-2     E., a distance of 5544.8 feet to a point; thence N. 69 46'00" E.,
 5-3     parallel to and 150 feet Northerly of the present Southerly
 5-4     right-of-way line of U. S. Highway No. 60 and 66, a distance of
 5-5     10,522.74 feet to a point on the North line of said Section 27;
 5-6     thence S. 89 38' E. along the North line of said Section 27, a
 5-7     distance of 426.33 feet to a point; thence S. 69 44'59" W., along
 5-8     the present Southerly right-of-way line of said U. S. Highway 60
 5-9     and 66, a distance of 580.29 feet to a point; thence S. 00 24' W.,
5-10     a distance of 867.05 feet to a point; thence S. 89 36' E., a
5-11     distance of 886.00 feet to a point on the West right-of-way line of
5-12     said Farm-Market Road No. 1912; thence N. 00 24' E. along said
5-13     Farm-Market Road No. 1912 and parallel to and 40 feet westerly of
5-14     said East boundary line of said Section 27, a distance of 1071.51
5-15     feet to a point on the North boundary line of said Section 27;
5-16     thence S. 89 38' E. along the North boundary line of said Section
5-17     27, a distance of 40.00 feet to the point of beginning, containing
5-18     an area of 2,958.60 acres, more or less.
5-19     LESS AND EXCEPT five parcels of land described as follows:
5-20           1.  A 319.084-acre tract of land situated in Sections Nos. 51
5-21     and 52, Block No. 2, A. B. and M.  Survey, Potter County, Texas,
5-22     more particularly described as follows:
5-23           BEGINNING at the Northeast corner of said Section No. 52,
5-24     being the common corner of Sections Nos. 51, 52, 37, and 38;
5-25           Thence South 0 24'00" West along the east side of said
5-26     Section No. 52 a distance of 1617.27 feet to a point;
 6-1           Thence South 80 13'07" West a distance of 2694.13 feet to a
 6-2     point;
 6-3           Thence North 0 00'38" East a distance of 5507.39 feet to a
 6-4     point;
 6-5           Thence South 86 48'45" East a distance of 2692.34 feet to a
 6-6     point;
 6-7           Thence South 0 24'00" West along the east side of Section No.
 6-8     51 a distance of 3282.84 feet to the Southeast corner of said
 6-9     Section No. 51, being also the Northeast corner of said Section No.
6-10     52 and the point and place of beginning and containing 319.084
6-11     acres, more or less.
6-12           2.  A 731.163 acre tract of land situated in Sections Nos.
6-13     37, 38, 39, and 40, Block No. 2, A. B. & M. Survey, Potter County,
6-14     Texas, more particularly described as follows:
6-15           BEGINNING at the Southwest corner of said Section No. 38,
6-16     being the common corner of Sections Nos. 37, 38, 51, and 52;
6-17           THENCE North 0 24'00" East a distance of 3,282.72 feet to a
6-18     point;
6-19           Thence South 86 48'45" East a distance of 2,703.06 feet to a
6-20     point;
6-21           Thence North 0 17'00" East a distance of 2,107.90 feet to a
6-22     point;
6-23           Thence North 89 43'00" West a distance of 1,400.00 feet to a
6-24     point;
6-25           Thence North 43 45'00" West a distance of 1,927.00 feet to a
6-26     point;
 7-1           Thence North 0 24'00" East a distance of 5,520.30 feet to a
 7-2     point;
 7-3           Thence North 69 46'00" East a distance of 1,133.63 feet to a
 7-4     point;
 7-5           Thence South 0 24'00" West a distance of 2,784.00 feet to a
 7-6     point;
 7-7           Thence South 89 36'00" East a distance of 361.15 feet to a
 7-8     point;
 7-9           Thence South 0 24'00" West a distance of 2,286.00 feet to a
7-10     point;
7-11           Thence South 89 36'00" East a distance of 480.00 feet to a
7-12     point;
7-13           Thence South 0 24'00" West a distance of 873.40 feet to a
7-14     point;
7-15           Thence South 89 36'00" East a distance of 485.00 feet to a
7-16     point;
7-17           Thence South 0 24'00" West a distance of 1,170.00 feet to a
7-18     point;
7-19           Thence South 89 43'00" East a distance of 2,931.65 feet to a
7-20     point;
7-21           Thence South 0 37'35" West a distance of 5,419.59 feet to a
7-22     point;
7-23           Thence North 89 56'48" West a distance of 3,750.72 feet to a
7-24     point;
7-25           Thence South 0 24'00" West a distance of 350.00 feet to a
7-26     point;
 8-1           Thence North 89 56'48" West a distance of 1,500.00 feet to a
 8-2     point;
 8-3           Thence North 0 24'00" East a distance of 350.00 feet to the
 8-4     Southwest corner of said Section No. 38, being the common corner of
 8-5     Sections Nos. 37, 38, 51, and 52, and also being the point and
 8-6     place of beginning and containing 731.163 acres, more or less.
 8-7           3.  A tract of land situate in Section 27, Block 2, A. B. and
 8-8     M. Survey, Potter County, Texas, and being more particularly
 8-9     described as follows:
8-10           Commencing at the Section corner common to Sections 18, 19,
8-11     26, and 27, Block 2, A. B. and M. Survey, Potter County, Texas;
8-12     thence N. 89 28' W., a distance of 40 feet to a point on the
8-13     Westerly right-of-way line of Farm Market Road 1912; thence S.
8-14     00 24' W., along said Westerly right-of-way line of Farm Market
8-15     Road 1912, a distance of 1071.51 feet to the point of beginning of
8-16     herein described tract; thence S. 00 24' W., a distance of 2640
8-17     feet to a point; thence N. 89 36' W., a distance of 1680 feet to a
8-18     point; thence S. 00 24' W., a distance of 250 feet to a point;
8-19     thence N. 87 30' W., a distance of 2860 feet to a point; thence N.
8-20     03 41'03" E., a distance of 2346.19 feet to a point; thence N.
8-21     69 46' E., a distance of 3725.92 feet to a point; thence S. 00 24'
8-22     W., a distance of 867.05 feet to a point; thence S. 89 36' E., a
8-23     distance of 886 feet to the point of beginning, containing an area
8-24     of 299.32 acres, more or less.
8-25           4.  A 24.873-acre tract situated in Section No. 28, Block 2,
8-26     A. B. and M.  Survey, Potter County, Texas, more particularly
 9-1     described as follows:
 9-2           Commencing at the Southwest corner of Section 28, Block No.
 9-3     2, A. B. & M.  Survey, in Potter County, Texas, and running thence
 9-4     due North along the West line of said Section 28, 3186.46 feet to a
 9-5     point; thence N 89  56' 25" E 755.75 feet to the point of beginning
 9-6     of the parcel of land herein described; thence N 00  03' 35" W
 9-7     695.56 feet to a point; thence along a curve to the right, with a
 9-8     long chord of 84.84 feet bearing N 34  23' 04" E, a radius of 75.00
 9-9     feet and a central angle of 68  53' 18", an arc distance of 90.17
9-10     feet to a point; thence N 68  49' 43" E 680.62 feet to a point;
9-11     thence N 21  10' 17" W 150.00 feet to a point; thence N 68  49' 43"
9-12     E 300.00 feet to a point; thence S 21  10' 17" E 341.81 feet to a
9-13     point; thence along a curve to the right, with a long chord of
9-14     644.80 feet bearing S 10  36' 56" E, a radius of 1759.90 feet and a
9-15     central angle of 21  06' 42", an arc distance of 648.47 feet to a
9-16     point; thence along a curve to the left, with a long chord of
9-17     222.77 feet bearing S 06  07' 50" E, a radius of 1053.23 feet and a
9-18     central angle of 12  08' 29", an arc distance of 223.19 feet to a
9-19     point; thence S 77  03' 52" W 219.60 feet to a point; thence along
9-20     a curve to the right, with a long chord of 195.72 feet bearing S
9-21     83  30' 09" W, a radius of 872.73 feet and a central angle of 12 
9-22     52' 33", an arc distance of 196.12 feet to a point; thence S 89 
9-23     56' 25" W 13.00 feet to a point; thence along a curve to the right,
9-24     with a long chord of 49.50 feet bearing N 45  03' 35" W, a radius
9-25     of 35.00 feet and a central angle of 90  00', an arc distance of
9-26     54.98 feet to a point; thence N 00  03' 35" W 3.50 feet to a point;
 10-1    thence S 89  56' 25" W 34.00 feet to a point; thence along a curve
 10-2    to the right, with a long chord of 49.50 feet bearing S 44  56' 25"
 10-3    W, a radius of 35.00 feet and a central angle of 90  00', an arc
 10-4    distance of 54.98 feet to a point; thence S 00  03' 35" E 17.00
 10-5    feet to a point; thence S 89  56' 25" W 648.00 feet to the point of
 10-6    beginning, containing 24.873 acres of land, more or less.
 10-7          5.  A 21.881-acre tract situated in Section No. 28, Block 2,
 10-8    A. B. and M.  Survey, Potter County, Texas, more particularly
 10-9    described as follows:
10-10          Commencing at the Southwest corner of Section 28, Block No.
10-11    2, A. B. and M.  Survey, in Potter County, Texas, and running
10-12    thence due North along the West line of said Section 28, 1276.74
10-13    feet to a point; thence North 89  56' 25" E 832.57 feet to the
10-14    point of beginning of the parcel of land herein described; thence N
10-15    00  03' 35" W 150.00 feet to a point; thence N 89  56' 25" E 8.66
10-16    feet to a point; thence along a curve to the right, with a long
10-17    chord of 358.81 feet bearing S 77  18' 35" E, a radius of 812.90
10-18    feet and a central angle of 25  30' 00", an arc distance of 361.79
10-19    feet to a point; thence S 64  33' 35" E 119.42 feet to a point;
10-20    thence along a curve to the left, with a long chord of 202.63 feet
10-21    bearing N 19  01' 32" E, a radius of 2246.04 feet and a central
10-22    angle of 05  10' 15", an arc distance of 202.70 feet to a point;
10-23    thence S 73  33' 35" E 164.51 feet to a point; thence N 16  26' 25"
10-24    E 48.50 feet to a point; thence S 73  33' 35" E 483.99 feet to a
10-25    point; thence S 16  26' 25" W 48.50 feet to a point; thence along a
10-26    curve to the right, with a long chord of 357.82 feet bearing S 20 
 11-1    00' 24" W, a radius of 2876.24 feet and a central angle of 07  07'
 11-2    57", an arc distance of 358.05 feet to a point; thence S 66  25'
 11-3    38" E 101.50 feet to a point; thence along a curve to the right,
 11-4    with a long chord of 157.95 feet bearing S 25  05' 33" W, a radius
 11-5    of 2977.74 feet and a central angle of 03  02' 22", an arc distance
 11-6    of 157.96 feet to a point; thence N 63  23' 16" W 101.50 feet to a
 11-7    point; thence along a curve to the right, with a long chord of
 11-8    141.95 feet bearing S 28  01' 35" W, a radius of 2876.24 feet and a
 11-9    central angle of 02  49' 41", an arc distance of 141.97 feet to a
11-10    point; thence S 29  26' 25" W 54.29 feet to a point; thence along a
11-11    curve to the left, with a long chord of 333.00 feet bearing S 15 
11-12    54' 01" W, a radius of 711.15 feet and a central angle of 27  04'
11-13    49", an arc distance of 336.12 feet to a point; thence S 89  56'
11-14    25" W 657.27 feet to a point; thence N 42  03' 35" W 253.49 feet to
11-15    a point; thence along a curve to the left with a long chord of
11-16    467.54 feet bearing N 39  24' 52" E, a radius of 2246.04 feet and a
11-17    central angle of 11  56' 54", an arc distance of 463.71 feet to a
11-18    point; thence along a curve to the left, with a long chord of
11-19    163.46 feet bearing N 31  21' 18" E, a radius of 2246.04 feet and a
11-20    central angle of 04  10' 15", an arc distance of 163.50 feet to a
11-21    point; thence N 64  33' 35" W 119.42 feet to a point; thence along
11-22    a curve to the left, with a long chord of 226.39 feet bearing N 77 
11-23    18' 35" W, a radius of 512.90 feet and a central angle of 25  30',
11-24    an arc distance of 228.27 feet to a point; thence S 89  56' 25" W
11-25    8.66 feet to a point; thence N 00  03' 35" W 150.00 feet to the
11-26    point of beginning, containing 21.881 acres of land, more or less.
 12-1          LEAVING A NET AREA OF 1,562.279 acres, more or less.
 12-2          SECTION 6.  EFFECTIVE DATE.  This Act takes effect
 12-3    immediately if it receives a vote of two-thirds of all the members
 12-4    elected to each house, as provided by Section 39, Article III,
 12-5    Texas Constitution.  If this Act does not receive the vote
 12-6    necessary for immediate effect, this Act takes effect September 1,
 12-7    2001.