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. 2-25 * * * * *