HBA-JLV H.B. 1011 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1011
By: Swinford
Higher Education
3/26/2001
Introduced



BACKGROUND AND PURPOSE 

The 74th Legislature transferred the operation of the Texas State Technical
College Amarillo Campus (campus) to Amarillo College (college).  This
transfer was an effort to reduce the cost to the State of Texas incurred in
providing the training offered by the campus to the citizens of the
Panhandle of Texas. Originally, the intent of the legislature was to
transfer the ownership of the campus to the college.  Because of
uncertainty regarding the necessity and liability of environmental cleanup
on the system campus, the decision was made to lease the system facility to
the college.  Ownership of the system campus could allow the college to
pursue additional innovative long-term partnerships on the campus with
local entities and businesses that may not be possible under the current
lease.  House Bill 1011 requires the board of regents of the Texas State
Technical College System to enter into an agreement with the board of
regents of Amarillo College for the transfer of the system's Amarillo
campus to the college. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1011 requires the board of regents of the Texas State Technical
College System (system) to enter into an agreement with the board of
regents of Amarillo College (college) for the transfer of the system's
Amarillo campus to the college not later than September 1, 2002.  The bill
requires the system to transfer all control of the campus, including all
right, title, and interest in materials and property comprising or located
on that campus.  The bill requires the college to use  the property in a
manner that primarily promotes a public purpose of the state, and requires
that the ownership of the property be reverted to the system if the college
at any time fails to do so.  The bill authorizes the college to allow the
system to retain any personal property located on the campus, including any
library holdings that duplicate the college library holdings. 

The bill requires the college to undertake, for the academic year in which
the transfer occurs, operation of all programs operated by or in connection
with the campus.  The college is authorized to discontinue a program in
connection with the campus after the academic year.  The bill requires the
agreement to provide for the transfer of system employees to the college,
but does not require the college to retain all system employees (SECTION
2). 

The bill sets forth the powers and duties of the board of regents of the
college for the governance, operation,  management, and control of the
campus (SECTION 3). 

The bill requires the transfer to the college for the benefit of the campus
any federal educational funds designated for the academic year in which the
transfer of the system's Amarillo campus occurs (SECTION 4). 

The board of regents of the college is substituted for and stands and acts
in place of the board of regents  of the system in all contracts and
written obligations entered into by the board of regents of the system on
the date the transfer occurs.  The bill provides that bonds issued by the
board of regents of the system for the campus and liabilities incurred by
the system pertaining to the campus prior to the transfer date remain the
obligation of the system (SECTION 5 and SECTION 6).   

The bill also provides that any contract or agreement with a provider of
insurance or other employee benefits that provides coverage for the
employees of the campus remains in full force until the benefits program
expires.  Upon expiration of the insurance or benefits program, the bill
requires the college to include the covered employees in similar agreements
that relate to other employees of the college (SECTION 7). 

The bill provides that  the transfer, governance, operation, management,
and control of the campus to the board of regents of the college does not
affect credit hours earned by students or the employment status of campus
staff (SECTION 8). 

The bill sets forth the property boundaries to describe the 1,562.279 acres
of land comprising the Texas State Technical College System's Amarillo
campus (SECTION 9). 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.