1-1     By:  Bivins                                           S.B. No. 1722
 1-2           (In the Senate - Filed March 9, 2001; March 14, 2001, read
 1-3     first time and referred to Committee on Education; March 26, 2001,
 1-4     reported adversely, with favorable Committee Substitute;
 1-5     March 26, 2001, recommitted to Committee on Education;
 1-6     April 2, 2001, reported adversely, with favorable Committee
 1-7     Substitute by the following vote:  Yeas 6, Nays 0; April 2, 2001,
 1-8     sent to printer.)
 1-9     COMMITTEE SUBSTITUTE FOR S.B. No. 1722                  By:  Bivins
1-10                            A BILL TO BE ENTITLED
1-11                                   AN ACT
1-12     relating to the transfer of the Amarillo campus of the Texas State
1-13     Technical College System to Amarillo College.
1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15           SECTION 1.  DEFINITIONS.  In this Act:
1-16                 (1)  "College" means Amarillo College.
1-17                 (2)  "System" means the Texas State Technical College
1-18     System.
1-19           SECTION 2.  TRANSFER.  (a)  Not later than September 1, 2002,
1-20     the board of regents of the Texas State Technical College System
1-21     shall enter into an agreement with the board of regents of Amarillo
1-22     College for the consideration described by Subsection (b) of this
1-23     section to transfer to the board of regents of Amarillo College:
1-24                 (1)  the governance, operation, management, and control
1-25     of the Texas State Technical College System's campus located in the
1-26     city of Amarillo in Potter County as further described by Section 5
1-27     of this Act; and
1-28                 (2)  all right, title, and interest in the land,
1-29     buildings, facilities, improvements, equipment, supplies, and
1-30     property comprising or located on that campus.
1-31           (b)  Consideration for the transfer required by Subsection
1-32     (a) of this section shall be in the form of an agreement between
1-33     the system and the college that requires the college to use the
1-34     property in a manner that primarily promotes a public purpose of
1-35     the state.  If the college at any time fails to use the property in
1-36     that manner, ownership of the property automatically reverts to the
1-37     system.
1-38           (c)  The system shall transfer the property by an appropriate
1-39     instrument of transfer.  The instrument must include a provision
1-40     that:
1-41                 (1)  requires the college to use the property in a
1-42     manner that primarily promotes a public purpose of the state;
1-43                 (2)  indicates that ownership of the property
1-44     automatically reverts to the system if the college at any time
1-45     fails to use the property in that manner;
1-46                 (3)  except as provided by Subdivision (4) of this
1-47     subsection, ratifies and confirms as permanent the Lease and
1-48     Transfer Agreement dated June 29, 1995, between the system and the
1-49     college that transferred various assets and other resources from
1-50     the system to the college; and
1-51                 (4)  terminates all provisions in the Lease and
1-52     Transfer Agreement described by Subdivision (3) of this subsection
1-53     relating to real property on the date the instrument of transfer
1-54     required by this subsection takes effect.
1-55           (d)  The transfer required by this section is subject to
1-56     Sections 3, 4, and 5 of this Act.
1-57           SECTION 3.  POWERS AND DUTIES.  The board of regents of the
1-58     college shall govern, operate, manage, and control the campus and
1-59     all land, buildings, facilities, improvements, equipment, supplies,
1-60     and property comprising or located on the campus pursuant to the
1-61     powers, duties, and responsibilities conferred by law on the board
1-62     of regents of the college for the management and control of the
1-63     college.
1-64           SECTION 4.  REAL PROPERTY LEASES.  Real property leases
 2-1     entered into by the board of regents of the system for and on
 2-2     behalf of the campus are ratified, confirmed, and validated.  In
 2-3     those real property leases, the board of regents of the college is
 2-4     substituted for and stands and acts in the place of the board of
 2-5     regents of the system.  The board of regents of the college is
 2-6     substituted for the board of regents of the system on the date the
 2-7     instrument of transfer required by Subsection (c), Section 2 of
 2-8     this Act, takes effect.
 2-9           SECTION 5.  REAL PROPERTY DESCRIPTION.  The land referenced
2-10     in Subdivision (1), Subsection (a), Section 2 of this Act, that
2-11     together with the other property described by Subdivision (2),
2-12     Subsection (a), Section 2 of this Act, comprises the Texas State
2-13     Technical College System's Amarillo campus is described as follows:
2-14           Any and all real property, and all improvements thereon,
2-15     owned by the Texas State Technical College System in Potter County,
2-16     Texas, in Sections 27, 28, 39, and 40, all in Block 2 of the Adams,
2-17     Beaty, and Moulton Survey, Potter County, Texas, said tract being
2-18     approximately 1,500 acres, more or less.
2-19           SECTION 6.  EFFECTIVE DATE.  This Act takes effect
2-20     immediately if it receives a vote of two-thirds of all the members
2-21     elected to each house, as provided by Section 39, Article III,
2-22     Texas Constitution.  If this Act does not receive the vote
2-23     necessary for immediate effect, this Act takes effect September 1,
2-24     2001.
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