By Carter, et al. H.B. No. 1543
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to changing the name of the Texas College of Osteopathic
1-3 Medicine to the University of North Texas Health Science Center at
1-4 Fort Worth.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 105.71, Education Code, is amended to
1-7 read as follows:
1-8 Sec. 105.71. ESTABLISHMENT OF UNIVERSITY OF NORTH TEXAS
1-9 HEALTH SCIENCE CENTER AT FORT WORTH <COLLEGE OF OSTEOPATHIC
1-10 MEDICINE>. (a) There is hereby created a health science center
1-11 <college of osteopathic medicine> in the city of Fort Worth to be
1-12 known as the University of North Texas Health Science Center at
1-13 Fort Worth <Texas College of Osteopathic Medicine>, which consists
1-14 of a college of osteopathic medicine, and which is a separate
1-15 institution and not a department, school, or branch of the
1-16 University of North Texas, but under the direction, management, and
1-17 control of the Board of Regents of the University of North Texas.
1-18 (b) The board shall have the same powers of direction,
1-19 management, and control over the health science center <college of
1-20 osteopathic medicine> that it exercises over the University of
1-21 North Texas, but the board shall act separately and independently
1-22 on all matters affecting the health science center <college of
1-23 osteopathic medicine> as a separate institution.
2-1 (c) The board, with the approval of the Texas Higher
2-2 Education Coordinating Board, may prescribe courses at the health
2-3 science center leading to customary degrees, diplomas, or
2-4 certificates.
2-5 SECTION 2. The heading to Subchapter E, Chapter 105,
2-6 Education Code, is amended to read as follows:
2-7 SUBCHAPTER E. UNIVERSITY OF NORTH TEXAS HEALTH
2-8 SCIENCE CENTER AT FORT WORTH <TEXAS COLLEGE OF
2-9 OSTEOPATHIC MEDICINE>
2-10 SECTION 3. Section 105.74, Education Code, is amended to
2-11 read as follows:
2-12 Sec. 105.74. Chief Executive Officers. The board of regents
2-13 of the University of North Texas may appoint a chancellor who shall
2-14 serve as chief executive officer of the University of North Texas
2-15 and the University of North Texas Health Science Center at Fort
2-16 Worth <Texas College of Osteopathic Medicine>. The board of
2-17 regents shall appoint a president of the University of North Texas
2-18 and a president of the University of North Texas Health Science
2-19 Center at Fort Worth <Texas College of Osteopathic Medicine> who
2-20 shall serve as chief operating officers of each institution,
2-21 respectively. The president of the University of North Texas
2-22 Health Science Center at Fort Worth <Texas College of Osteopathic
2-23 Medicine> shall be a licensed physician who possesses a doctor of
2-24 osteopathy degree from an accredited college of osteopathic
2-25 medicine <school> and licensed to practice medicine in some state
3-1 of the United States for a minimum of five years.
3-2 SECTION 4. Section 105.76, Education Code, is amended to
3-3 read as follows:
3-4 Sec. 105.76. Joint Appointments. The board of regents is
3-5 specifically authorized to make joint appointments in the
3-6 university and the health science center <Texas College of
3-7 Osteopathic Medicine> under its governance; the salary of any such
3-8 person who receives such joint appointment to be apportioned to the
3-9 appointing institution on the basis of services rendered.
3-10 SECTION 5. Subsection (b), Section 54.502, Education Code,
3-11 is amended to read as follows:
3-12 (b) The medical, dental, and allied health units of The
3-13 University of Texas System, the University of North Texas Health
3-14 Science Center at Fort Worth <Texas College of Osteopathic
3-15 Medicine>, the Texas Tech University Health Sciences Center, and
3-16 The Texas A&M University College of Medicine may collect a breakage
3-17 or loss deposit no greater than $30.
3-18 SECTION 6. Subsection (a), Section 58.001, Education Code,
3-19 is amended to read as follows:
3-20 (a) The legislature finds that it will improve the quality
3-21 of the delivery of medical care to the citizens of this state and,
3-22 therefore, that it will be in the public interest of this state for
3-23 the resident physicians being educated, trained, developed, and
3-24 prepared for a career in medicine by the schools of medicine in The
3-25 University of Texas System, the Texas Tech University Health
4-1 Sciences Center, the Texas A&M University Medical Program, and the
4-2 University of North Texas Health Science Center at Fort Worth
4-3 <Texas College of Osteopathic Medicine> to be compensated by those
4-4 schools while the resident physicians are undergoing education,
4-5 training, development, and preparation. The legislature further
4-6 finds that the delivery of quality medical care to the citizens of
4-7 this state has been and will continue to be enhanced by the
4-8 expansion of family practice residency programs as provided by
4-9 Sections 61.501 through 61.505 of this code and intends that
4-10 nothing in this chapter be interpreted or implemented in a manner
4-11 that will deter the development or expansion of family practice
4-12 residency programs or will deter the legislative goal of having at
4-13 least 25 percent of the first-year residency positions devoted to
4-14 family medicine.
4-15 SECTION 7. Subdivision (1), Section 59.01, Education Code,
4-16 is amended to read as follows:
4-17 (1) "Medical staff or students" means medical doctors,
4-18 doctors of osteopathy, dentists, veterinarians, and podiatrists
4-19 appointed to the faculty or professional medical staff employed for
4-20 student health services by The University of Texas System, The
4-21 Texas A&M University System, the Texas Tech University Health
4-22 Sciences Center <School of Medicine>, or the University of North
4-23 Texas Health Science Center at Fort Worth <Texas College of
4-24 Osteopathic Medicine>, either full time or who, although appointed
4-25 less than full time (including volunteers), either devote their
5-1 total professional service to such appointment or provide services
5-2 to patients by assignment from the department chairman; and
5-3 interns, residents, fellows, and medical or dental students,
5-4 veterinary students, and students of osteopathy participating in a
5-5 patient-care program in The University of Texas System, The Texas
5-6 A&M University System, the Texas Tech University Health Sciences
5-7 Center <School of Medicine>, or the University of North Texas
5-8 Health Science Center at Fort Worth <Texas College of Osteopathic
5-9 Medicine>.
5-10 SECTION 8. Subsections (a) and (c), Section 59.02, Education
5-11 Code, are amended to read as follows:
5-12 (a) Each board may establish a separate self-insurance fund
5-13 to pay any damages adjudged in a court of competent jurisdiction or
5-14 a settlement of any medical malpractice claim against a member of
5-15 the medical staff or students arising from the exercise of his
5-16 appointment, duties, or training with The University of Texas
5-17 System, The Texas A&M University System, the Texas Tech University
5-18 Health Sciences Center <School of Medicine>, or the University of
5-19 North Texas Health Science Center at Fort Worth <Texas College of
5-20 Osteopathic Medicine>.
5-21 (c) On the establishment of each fund, transfers to the fund
5-22 shall be made in an amount and at such intervals as determined by
5-23 the board. Each board may receive and accept any gifts or
5-24 donations specified for the purposes of this subchapter and deposit
5-25 those gifts or donations into the fund. Each board may invest
6-1 money deposited in the fund, and any income received shall be
6-2 retained in the fund. The money shall be deposited in any of the
6-3 approved depository banks of The University of Texas System, The
6-4 Texas A&M University System, the Texas Tech University Health
6-5 Sciences Center <School of Medicine>, or the University of North
6-6 Texas Health Science Center at Fort Worth <Texas College of
6-7 Osteopathic Medicine>. All expenditures from the funds shall be
6-8 paid pursuant to approval by the boards.
6-9 SECTION 9. Section 59.06, Education Code, is amended to read
6-10 as follows:
6-11 Sec. 59.06. Limitation on Appropriated Funds. Funds
6-12 appropriated by the legislature to either system, to the Texas Tech
6-13 University Health Sciences Center <School of Medicine>, or to the
6-14 University of North Texas Health Science Center at Fort Worth
6-15 <Texas College of Osteopathic Medicine> from the General Revenue
6-16 Fund may not be used to establish or maintain the fund, to purchase
6-17 insurance, or to employ private legal counsel.
6-18 SECTION 10. Subdivision (1), Section 61.501, Education Code,
6-19 is amended to read as follows:
6-20 (1) "Medical school" means the medical school at The
6-21 University of Texas Health Science Center at Houston, the medical
6-22 school at The University of Texas Health Science Center at Dallas,
6-23 the medical school at The University of Texas Health Science Center
6-24 at San Antonio, The University of Texas Medical Branch at
6-25 Galveston, the Texas Tech University Health Sciences Center <School
7-1 of Medicine>, the Baylor College of Medicine, the college of
7-2 osteopathic medicine at the University of North Texas Health
7-3 Science Center at Fort Worth <Texas College of Osteopathic
7-4 Medicine>, or the Texas A&M University Medical Program.
7-5 SECTION 11. Subsection (a), Section 62.021, Education Code,
7-6 is amended to read as follows:
7-7 (a) Each fiscal year, an eligible institution is entitled to
7-8 receive an amount allocated in accordance with this section from
7-9 funds appropriated by Article VII, Section 17(a), of the
7-10 Constitution of Texas. The comptroller of public accounts shall
7-11 distribute funds allocated under this subsection only on
7-12 presentation of a claim and issuance of a warrant in accordance
7-13 with Section 403.071, Government Code. The comptroller may not
7-14 issue a warrant from any funds allocated under this subsection
7-15 before the delivery of goods or services described in Section 17,
7-16 Article VII, Texas Constitution, except for the payment of
7-17 principal or interest on bonds or notes. The allocation of funds
7-18 under this subsection is made in accordance with an equitable
7-19 formula consisting of the following elements: space deficit,
7-20 facilities condition, institutional complexity, separate allocation
7-21 for medical units, and additional allocation for compliance with
7-22 the Texas Desegregation Plan. The amounts allocated by such
7-23 formula are as follows:
7-24 $ 2,971,685 East Texas State University including
7-25 East Texas State University at
8-1 Texarkana;
8-2 $ 7,125,680 Lamar University including Lamar
8-3 University at Orange and Lamar
8-4 University at Port Arthur;
8-5 $ 1,645,885 Midwestern State University;
8-6 $11,444,067 University of North Texas;
8-7 $ 3,196,287 Pan American University and The
8-8 University of Texas at Brownsville;
8-9 $ 5,152,124 Stephen F. Austin State University;
8-10 $ 2,166,667 University of North Texas Health
8-11 Science Center at Fort Worth
8-12 <Texas College of Osteopathic>
8-13 <Medicine>;
8-14 $19,724,411 Texas State University System
8-15 Administration and the following
8-16 component institutions:
8-17 Angelo State University;
8-18 Sam Houston State University;
8-19 Southwest Texas State University;
8-20 Sul Ross State University including
8-21 Uvalde Study Center;
8-22 $ 6,596,436 Texas Southern University (includes
8-23 allocation of $2,700,000 for
8-24 compliance with Texas Desegregation
8-25 Plan);
9-1 $10,538,296 Texas Tech University;
9-2 $ 4,333,333 Texas Tech University Health Sciences
9-3 Center;
9-4 $ 3,583,869 Texas Woman's University;
9-5 $15,799,996 University of Houston System
9-6 Administration and the following
9-7 component institutions:
9-8 University of Houston;
9-9 University of Houston--Victoria;
9-10 University of Houston--Clear Lake;
9-11 University of Houston--Downtown;
9-12 $ 3,636,316 University System of South Texas
9-13 System Administration and the
9-14 following component institutions:
9-15 Corpus Christi State University;
9-16 Laredo State University;
9-17 Texas A&I University; and
9-18 $ 2,084,948 West Texas State University.
9-19 SECTION 12. Paragraph (A), Subdivision (5), Section 2,
9-20 Chapter 421, Acts of the 63rd Legislature, Regular Session, 1973
9-21 (Article 6252-9b, Vernon's Texas Civil Statutes), is amended to
9-22 read as follows:
9-23 (5)(A) "Appointed officer of a major state agency"
9-24 means any of the following:
9-25 (i) a member of the Public Utility Commission of
10-1 Texas;
10-2 (ii) a member of the Texas Department of
10-3 Commerce;
10-4 (iii) a member of the Texas Board of Aviation;
10-5 (iv) a member of the Texas Air Control Board;
10-6 (v) a member of the Texas Alcoholic Beverage
10-7 Commission;
10-8 (vi) a member of the Finance Commission of
10-9 Texas;
10-10 (vii) a member of the State Purchasing and
10-11 General Services Commission;
10-12 (viii) a member of the Texas Board of Criminal
10-13 Justice;
10-14 (ix) a member of the Board of Trustees of the
10-15 Employees Retirement System of Texas;
10-16 (x) a member of the State Highway and Public
10-17 Transportation Commission;
10-18 (xi) a member of the Texas Workers' Compensation
10-19 Commission;
10-20 (xii) a member of the State Board of Insurance;
10-21 (xiii) a member of the Parks and Wildlife
10-22 Commission;
10-23 (xiv) a member of the Public Safety Commission;
10-24 (xv) the Secretary of State;
10-25 (xvi) a member of the State Securities Board;
11-1 (xvii) a member of the Texas Amusement Machine
11-2 Commission;
11-3 (xviii) a member of the Texas Water Development
11-4 Board;
11-5 (xix) a member of the Texas Water Commission;
11-6 (xx) a member of the governing board of a state
11-7 senior college or university as defined by Section 61.003,
11-8 Education Code, including The University of Texas at Arlington; The
11-9 University of Texas at Austin; The University of Texas at Dallas;
11-10 The University of Texas at El Paso; The University of Texas--Pan
11-11 American; The University of Texas--Pan American--Brownsville--The
11-12 University of Texas of the Permian Basin; The University of Texas
11-13 at San Antonio; The University of Texas at Tyler; The University of
11-14 Texas Southwestern Medical Center at Dallas; The University of
11-15 Texas Medical Branch at Galveston; The University of Texas Health
11-16 Science Center at Houston; The University of Texas Health Science
11-17 Center at San Antonio; The University of Texas System Cancer
11-18 Center; The University of Texas Health Science Center at Tyler;
11-19 Texas A&M University; Texas A&M University at Galveston; Prairie
11-20 View A&M University; Tarleton State University; Corpus Christi
11-21 State University; Texas A&I University; Laredo State University;
11-22 East Texas State University; East Texas State University at
11-23 Texarkana; University of Houston; University of Houston--Clear
11-24 Lake; University of Houston--Downtown; University of
11-25 Houston--Victoria; Lamar University at Beaumont; Lamar University
12-1 at Orange; Lamar University at Port Arthur; Midwestern State
12-2 University; University of North Texas; University of North Texas
12-3 Health Science Center at Fort Worth <Texas College of Osteopathic
12-4 Medicine>; Stephen F. Austin State University; Texas Southern
12-5 University; Texas Tech University; Texas Tech University Health
12-6 Sciences Center; Texas Woman's University; West Texas State
12-7 University; Angelo State University; Sam Houston State University;
12-8 Southwest Texas State University; Sul Ross State University; Sul
12-9 Ross State University--Uvalde Center; Texas State Technical
12-10 Institute--Amarillo; Texas State Technical Institute--Harlingen;
12-11 Texas State Technical Institute--Sweetwater; and Texas State
12-12 Technical Institute--Waco;
12-13 (xxi) a member of the Texas Higher Education
12-14 Coordinating Board;
12-15 (xxii) a member of the Texas Employment
12-16 Commission;
12-17 (xxiii) a member of the State Banking Board;
12-18 (xxiv) a member of the board of trustees of the
12-19 Teachers Retirement System of Texas;
12-20 (xxv) a member of the Credit Union Commission;
12-21 (xxvi) a member of the School Land Board;
12-22 (xxvii) a member of the board of the Texas
12-23 Department of Housing and Community Affairs;
12-24 (xxviii) a member of the Texas Racing
12-25 Commission;
13-1 (xxix) a member of the State Board of Dental
13-2 Examiners;
13-3 (xxx) a member of the Texas Board of Licensure
13-4 for Nursing Home Administrators;
13-5 (xxxi) a member of the Texas State Board of
13-6 Medical Examiners;
13-7 (xxxii) a member of the Board of Pardons and
13-8 Paroles;
13-9 (xxxiii) a member of the Texas State Board of
13-10 Pharmacy;
13-11 (xxxiv) the Banking Commissioner of the Banking
13-12 Department of Texas;
13-13 (xxxv) a member of the Department of Information
13-14 Resources Governing Board;
13-15 (xxxvi) the fire fighters' pension commissioner;
13-16 (xxxvii) a member of the Texas Motor Vehicle
13-17 Commission;
13-18 (xxxviii) the director of the Office of Court
13-19 Administration of the Texas Judicial System;
13-20 (xxxix) the chief executive of the Office of
13-21 Public Utility Counsel;
13-22 (xl) a member of the Texas Real Estate
13-23 Commission;
13-24 (xli) a member of the board of directors and the
13-25 executive director of the State Bar of Texas;
14-1 (xlii) a member of the Bond Review Board;
14-2 (xliii) a member of the Texas Board of Health;
14-3 (xliv) a member of the Texas Board of Mental
14-4 Health and Mental Retardation;
14-5 (xlv) a member of the Texas Board on Aging;
14-6 (xlvi) a member of the Texas Board of Human
14-7 Services;
14-8 (xlvii) a member of the Texas Funeral Service
14-9 Commission;
14-10 (xlviii) a member of the board of directors of a
14-11 river authority created under the constitution or laws of this
14-12 state;
14-13 (xlix) the director of the lottery division in
14-14 the office of the comptroller; or
14-15 (l) the deputy in charge of the department of
14-16 security in the lottery division in the office of the comptroller.
14-17 SECTION 13. (a) The name of the Texas College of
14-18 Osteopathic Medicine is changed to the University of North Texas
14-19 Health Science Center at Fort Worth. A reference in law to the
14-20 Texas College of Osteopathic Medicine means the University of North
14-21 Texas Health Science Center at Fort Worth.
14-22 (b) An appropriation for the use and benefit of the Texas
14-23 College of Osteopathic Medicine is available for the use and
14-24 benefit of the University of North Texas Health Science Center at
14-25 Fort Worth.
15-1 SECTION 14. The importance of this legislation and the
15-2 crowded condition of the calendars in both houses create an
15-3 emergency and an imperative public necessity that the
15-4 constitutional rule requiring bills to be read on three several
15-5 days in each house be suspended, and this rule is hereby suspended,
15-6 and that this Act take effect and be in force from and after its
15-7 passage, and it is so enacted.