By Vowell, McDonald                                   H.B. No. 2107
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to The University of Texas at El Paso and Texas Tech
    1-3  University Health Sciences Center--Regional Academic Health
    1-4  Center--El Paso and approval of new departments, schools, and
    1-5  programs.
    1-6        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-7        SECTION 1.  Section 69.01, Education Code, is amended by
    1-8  adding Subdivision (3) to read as follows:
    1-9              (3)  "Border area" means the following
   1-10  counties:  Atascosa, Bee, Bexar, Brewster, Brooks, Cameron,
   1-11  Crockett, Culberson, Dimmit, Duval, Edwards, El Paso, Frio,
   1-12  Hidalgo, Hudspeth, Jeff Davis, Jim Hogg, Jim Wells, Karnes, Kenedy,
   1-13  Kinney, Kleberg, La Salle, Live Oak, McMullen, Maverick, Medina,
   1-14  Nueces, Pecos, Presidio, Reeves, San Patricio, Starr, Sutton,
   1-15  Terrell, Uvalde, Val Verde, Webb, Willacy, Zapata, and Zavala.
   1-16        SECTION 2.  Subchapter A, Chapter 69, Education Code, is
   1-17  amended by adding Sections 69.03-69.06 to read as follows:
   1-18        Sec. 69.03.  COURSES AND DEGREES.  (a)  The board, with the
   1-19  approval of the Texas Higher Education Coordinating Board, may
   1-20  prescribe courses leading to customary degrees as are offered at
   1-21  leading American educational institutions and may award those
   1-22  degrees.
   1-23        (b)  At a minimum, the board, in accordance with Section
    2-1  61.055(b) of this code, shall offer:
    2-2              (1)  baccalaureate programs in child development,
    2-3  chemical engineering, aerospace engineering, and textile design;
    2-4              (2)  master's programs in nurse midwifery, development
    2-5  education, public health, physical therapy, nurse practitioner
    2-6  studies, nursing administration, library and information science,
    2-7  creative writing, Hispanic literature, linguistics, community
    2-8  health, international business, art, public policy and ethnic
    2-9  studies, and urban planning; and
   2-10              (3)  doctoral programs in materials science,
   2-11  psychology, educational administration, environmental science,
   2-12  history, public policy, business administration, community health,
   2-13  mechanical engineering, linguistics, multicultural education,
   2-14  chemistry, Spanish, nursing, biological sciences, and mathematics.
   2-15        Sec. 69.04.  PROFESSIONAL SCHOOLS.  The board, in accordance
   2-16  with Section 61.055(b) of this code, shall establish architecture
   2-17  and pharmacy schools at the university at locations in El Paso
   2-18  County selected by the board.
   2-19        Sec. 69.05.  RESEARCH CENTERS.  (a)  The board shall
   2-20  establish as components of the university a Hispanic populations
   2-21  research center, an environmental resource management research
   2-22  center, and a public school partnerships research center at
   2-23  locations selected by the board.
   2-24        (b)  The Hispanic populations research center shall study the
   2-25  demographic effect of Hispanic populations on the border area and
    3-1  on the rest of this state.
    3-2        (c)  The environmental resource management research center
    3-3  shall study the effect of the environment and the impact of humans
    3-4  on the environment in the border area.
    3-5        (d)  The public school partnerships research center shall
    3-6  work with public schools in the border area to offer precollege
    3-7  programs.
    3-8        Sec. 69.06.  PHASE-IN.  (a)  Beginning with the fall semester
    3-9  in 1995, the board shall begin offering at least one-eighth of the
   3-10  courses and degrees required by this subchapter.
   3-11        (b)  Each academic year after the 1995-1996 academic year,
   3-12  the board shall offer at least an additional one-eighth of the
   3-13  courses and degrees required by this subchapter until all the
   3-14  courses and degrees required by this subchapter are being offered.
   3-15        (c)  This section expires January 1, 2004.
   3-16        SECTION 3.  Subchapter B, Chapter 69, Education Code, is
   3-17  amended by adding Sections 69.23 and 69.24 to read as follows:
   3-18        Sec. 69.23.  JOINT DEGREE PROGRAMS.  The board may offer
   3-19  joint degree programs in the areas of educational administration,
   3-20  public health, physical therapy, or library and information science
   3-21  with another institution under its governance.
   3-22        Sec. 69.24.  JOINT APPOINTMENTS.  (a)  The board may make
   3-23  joint faculty appointments to a position in the university or a
   3-24  component of the university and to a position in another
   3-25  institution under its governance.
    4-1        (b)  The salary of a person receiving a joint appointment
    4-2  shall be apportioned between the university or the component of the
    4-3  university and the other institution on the basis of services
    4-4  rendered.
    4-5        SECTION 4.  Sections 110.01-110.16, Education Code, are
    4-6  designated as Subchapter A of Chapter 110 and a heading for that
    4-7  subchapter is added to read as follows:
    4-8                   SUBCHAPTER A.  GENERAL PROVISIONS
    4-9        SECTION 5.  Chapter 110, Education Code, is amended by adding
   4-10  Subchapter B to read as follows:
   4-11         SUBCHAPTER B.  TEXAS TECH UNIVERSITY HEALTH SCIENCES
   4-12           CENTER--REGIONAL ACADEMIC HEALTH CENTER--EL PASO
   4-13        Sec. 110.21.  DEFINITIONS.  In this subchapter:
   4-14              (1)  "Board" means the board of regents of Texas Tech
   4-15  University.
   4-16              (2)  "Border area" has the meaning assigned by Section
   4-17  69.01 of this code.
   4-18              (3)  "Center" means the Texas Tech University Health
   4-19  Sciences Center--Regional Academic Health Center--El Paso.
   4-20        Sec. 110.22.  COMPONENT OF TEXAS TECH UNIVERSITY HEALTH
   4-21  SCIENCES CENTER.  (a)  The center is a component of the Texas Tech
   4-22  University Health Sciences Center.
   4-23        (b)  The center is under the management and control of the
   4-24  board.
   4-25        Sec. 110.23.  COURSES AND DEGREES.  (a)  The board, with the
    5-1  approval of the Texas Higher Education Coordinating Board, may
    5-2  prescribe courses leading to customary degrees as are offered at
    5-3  other health science centers or medical schools in this state.
    5-4        (b)  At a minimum, the board shall offer a program leading to
    5-5  a doctoral degree in medicine.
    5-6        Sec. 110.24.  SERVICES OF CENTER.  (a)  The center shall:
    5-7              (1)  conduct research relating to diseases in the
    5-8  border area;
    5-9              (2)  develop diagnostic and treatment procedures for
   5-10  diseases in the border area;
   5-11              (3)  provide training programs for medical students and
   5-12  resident physicians; and
   5-13              (4)  provide for the diagnosis and treatment of
   5-14  patients in the border area.
   5-15        (b)  The board may contract with the governing board of
   5-16  another health science center or of a general academic teaching
   5-17  institution, as defined by Section 61.003 of this code, to provide
   5-18  the services of the center.
   5-19        Sec. 110.25.  ENHANCEMENTS FOR CENTER.  To the extent that
   5-20  funds are available for this purpose, the board shall provide to
   5-21  the center funding for each student that is equal to or greater
   5-22  than the funding provided to Texas Tech Health Sciences Center at
   5-23  Lubbock for:
   5-24              (1)  student support services;
   5-25              (2)  faculty salaries;
    6-1              (3)  libraries;
    6-2              (4)  student scholarships;
    6-3              (5)  student and faculty research;
    6-4              (6)  instructional and laboratory equipment; and
    6-5              (7)  community outreach programs.
    6-6        SECTION 6.  Subchapter C, Chapter 65, Education Code, is
    6-7  amended by adding Section 65.47 to read as follows:
    6-8        Sec. 65.47.  ENHANCEMENTS FOR THE UNIVERSITY OF TEXAS AT EL
    6-9  PASO.  To the extent that funds are available for this purpose, the
   6-10  board shall provide to The University of Texas at El Paso funding
   6-11  for each student that is equal to or greater than the funding
   6-12  provided to The University of Texas at Austin for:
   6-13              (1)  student support services;
   6-14              (2)  faculty salaries;
   6-15              (3)  libraries;
   6-16              (4)  student scholarships;
   6-17              (5)  student and faculty research;
   6-18              (6)  instructional and laboratory equipment; and
   6-19              (7)  community outreach programs.
   6-20        SECTION 7.  Section 55.17(e), Education Code, is amended to
   6-21  read as follows:
   6-22        (e)(1)  The board of regents of Texas Tech University, acting
   6-23  separately and independently for and on behalf of Texas Tech
   6-24  University and separately and independently for and on behalf of
   6-25  the Texas Tech University Health Sciences Center <School of
    7-1  Medicine at Lubbock>, is hereby granted full and final authority
    7-2  and responsibility to acquire, purchase, construct, improve,
    7-3  renovate, enlarge, or <and/or> equip property, buildings,
    7-4  structures, <and/or> facilities, roads, or related infrastructure
    7-5  for Texas Tech University and the Texas Tech University Health
    7-6  Sciences Center <School of Medicine at Lubbock>.
    7-7              (2)  The board of regents of Texas Tech University,
    7-8  acting separately and independently for and on behalf of Texas Tech
    7-9  University and separately and independently for and on behalf of
   7-10  the Texas Tech University Health Sciences Center <School of
   7-11  Medicine at Lubbock>, may pledge irrevocably to the payment of its
   7-12  revenue bonds all or any part of the aggregate amount of student
   7-13  tuition charges required or authorized by law to be imposed on
   7-14  students enrolled at Texas Tech University and/or at the Texas Tech
   7-15  University Health Sciences Center <School of Medicine at Lubbock>;
   7-16  and the amount of any pledge so made shall never be reduced or
   7-17  abrogated while such bonds are outstanding; provided, however, that
   7-18  such tuition charges shall not be pledged pursuant to the authority
   7-19  granted by this Subsection (e)(2) except to the payment of bonds
   7-20  issued in an aggregate principal amount of not to exceed $35
   7-21  million for the purpose of providing funds to acquire, purchase,
   7-22  construct, improve, renovate, enlarge, or <and/or> equip property,
   7-23  buildings, structures, <and> facilities, roads, or related
   7-24  infrastructure for the Texas Tech University Health Sciences Center
   7-25  <School of Medicine  at Lubbock>.
    8-1              (3)  The board of regents of Texas Tech University and
    8-2  the Texas Tech University Health Sciences Center may issue bonds in
    8-3  accordance with this subchapter to finance the items listed under
    8-4  Subdivision (1) of this subsection.  The board may pledge
    8-5  irrevocably to the payment of those bonds all or any part of the
    8-6  revenue funds of Texas Tech University or Texas Tech University
    8-7  Health Sciences Center, including student tuition charges required
    8-8  or authorized by law to be imposed on students enrolled at Texas
    8-9  Tech University or at the Texas Tech University Health Sciences
   8-10  Center.  The amount of a pledge made under this subdivision may not
   8-11  be reduced or abrogated while the bonds for which the pledge is
   8-12  made, or bonds issued to refund those bonds, are outstanding.
   8-13        SECTION 8.  Subchapter B, Chapter 55, Education Code, is
   8-14  amended by adding Section 55.1713 to read as follows:
   8-15        Sec. 55.1713.  THE UNIVERSITY OF TEXAS AT EL PASO.  (a)  The
   8-16  board of regents of The University of Texas System may acquire,
   8-17  purchase, construct, improve, enlarge, and equip property,
   8-18  buildings, structures, facilities, and roads for The University of
   8-19  Texas at El Paso, including its architecture and pharmacy schools,
   8-20  the Hispanic populations research center, the environmental
   8-21  resource management research center, and the public school
   8-22  partnerships research center.
   8-23        (b)  The board may finance those items listed under
   8-24  Subsection (a) of this section through the issuance of bonds under
   8-25  this subchapter.  The board may pledge irrevocably to the payment
    9-1  of those bonds all or any part of the aggregate amount of student
    9-2  tuition charges required or authorized by law to be imposed on
    9-3  students enrolled at The University of Texas at El Paso or at
    9-4  another component of The University of Texas System.  The amount of
    9-5  a pledge made under this subsection may not be reduced or abrogated
    9-6  while the bonds for which the pledge is made, or bonds issued to
    9-7  refund those bonds, are outstanding.
    9-8        SECTION 9.  Sections 61.003(5) and (6), Education Code, are
    9-9  amended to read as follows:
   9-10              (5)  "Medical and dental unit" means The University of
   9-11  Texas Medical Branch at Galveston; The University of Texas
   9-12  Southwestern Medical Center at Dallas; The University of Texas
   9-13  Medical School at San Antonio; The University of Texas Dental
   9-14  Branch at Houston; The University of Texas M.D. Anderson Cancer
   9-15  Center; The University of Texas Graduate School of Biomedical
   9-16  Sciences at Houston; The University of Texas Dental School at San
   9-17  Antonio; The University of Texas Medical School at Houston; the
   9-18  nursing institutions of The University of Texas System; the Texas
   9-19  Tech Health Sciences Center, including the Texas Tech University
   9-20  Health Sciences Center--Regional Academic Health Center--El Paso;
   9-21  the pharmacy school at The University of Texas at El Paso; and The
   9-22  University of Texas School of Public Health at Houston; and such
   9-23  other medical or dental schools as may be established by statute or
   9-24  as provided in this chapter.
   9-25              (6)  "Other agency of higher education" means The
   10-1  University of Texas System, System Administration; Texas Western
   10-2  University Museum; Texas A&M University System, Administrative and
   10-3  General Offices; Texas Agricultural Experiment Station; Texas
   10-4  Agricultural Extension Service; Rodent and Predatory Animal Control
   10-5  Service (a part of the Texas Agricultural Extension Service); Texas
   10-6  Engineering Experiment Station (including the Texas Transportation
   10-7  Institute); Texas Engineering Extension Service; Texas Forest
   10-8  Service; Texas Tech University Museum; Texas State University
   10-9  System, System Administration; Sam Houston Memorial Museum;
  10-10  Panhandle-Plains Historical Museum; Cotton Research Committee of
  10-11  Texas; Water Resources Institute of Texas; Texas Veterinary Medical
  10-12  Diagnostic Laboratory; the regional innovation centers; the
  10-13  Hispanic populations research center, the environmental resource
  10-14  management research center, and the public school partnerships
  10-15  research center at The University of Texas at El Paso; and any
  10-16  other unit, division, institution, or agency which shall be so
  10-17  designated by statute or which may be established to operate as a
  10-18  component part of any public senior college or university, or which
  10-19  may be so classified as provided in this chapter.
  10-20        SECTION 10.  Section 61.055, Education Code, is amended to
  10-21  read as follows:
  10-22        Sec. 61.055.  Initiation of New Departments, Schools, and
  10-23  Programs.  (a)  Except as provided by Subsection (b) of this
  10-24  section, a <No> new department, school, or degree or certificate
  10-25  program approved by the board or its predecessor, the Texas
   11-1  Commission on Higher Education, may not be initiated by any
   11-2  institution of higher education until the board has made a written
   11-3  finding that the department, school, or degree or certificate
   11-4  program is adequately financed by legislative appropriation, by
   11-5  funds allocated by the board, or by funds from other sources.
   11-6        (b)  The coordinating board, in accordance with its rules,
   11-7  shall make a determination for approval or disapproval of any
   11-8  department, school, or program that is required by other law not
   11-9  later than the 13th month for doctoral programs and the ninth month
  11-10  for departments, schools, and programs other than doctoral programs
  11-11  after the date a complete application is submitted to the
  11-12  coordinating board seeking approval of the department, school, or
  11-13  program.
  11-14        SECTION 11.  Section 65.02(a), Education Code, is amended to
  11-15  read as follows:
  11-16        (a)  The University of Texas System is composed of the
  11-17  following institutions and entities:
  11-18              (1)  The University of Texas at Arlington, including
  11-19                    (A)  The University of Texas Institute of Urban
  11-20  Studies at Arlington; and
  11-21                    (B)  The University of Texas School of Nursing at
  11-22  Arlington;
  11-23              (2)  The University of Texas at Austin, including
  11-24                    (A)  The University of Texas Marine Science
  11-25  Institute;
   12-1                    (B)  The University of Texas McDonald Observatory
   12-2  at Mount Locke; and
   12-3                    (C)  The University of Texas School of Nursing at
   12-4  Austin;
   12-5              (3)  The University of Texas at Dallas;
   12-6              (4)  The University of Texas at El Paso, including The
   12-7  University of Texas School of Nursing at El Paso, the architecture
   12-8  and pharmacy schools, the Hispanic populations, environmental
   12-9  resource management, and public school partnerships research
  12-10  centers, and the regional innovation center;
  12-11              (5)  The University of Texas of the Permian Basin;
  12-12              (6)  The University of Texas at San Antonio, including
  12-13  the University of Texas Institute of Texan Cultures at San Antonio;
  12-14              (7)  The University of Texas Southwestern Medical
  12-15  Center at Dallas, including
  12-16                    (A)  The University of Texas Southwestern Medical
  12-17  School at Dallas;
  12-18                    (B)  The University of Texas Southwestern
  12-19  Graduate School of Biomedical Sciences at Dallas; and
  12-20                    (C)  The University of Texas Southwestern Allied
  12-21  Health Sciences School at Dallas;
  12-22              (8)  The University of Texas Medical Branch at
  12-23  Galveston, including
  12-24                    (A)  The University of Texas Medical School at
  12-25  Galveston;
   13-1                    (B)  The University of Texas Graduate School of
   13-2  Biomedical Sciences at Galveston;
   13-3                    (C)  The University of Texas School of Allied
   13-4  Health Sciences at Galveston;
   13-5                    (D)  The University of Texas Marine Biomedical
   13-6  Institute at Galveston;
   13-7                    (E)  The University of Texas Hospitals at
   13-8  Galveston; and
   13-9                    (F)  The University of Texas School of Nursing at
  13-10  Galveston;
  13-11              (9)  The University of Texas Health Science Center at
  13-12  Houston, including
  13-13                    (A)  The University of Texas Medical School at
  13-14  Houston;
  13-15                    (B)  The University of Texas Dental Branch at
  13-16  Houston;
  13-17                    (C)  The University of Texas Graduate School of
  13-18  Biomedical Sciences at Houston;
  13-19                    (D)  The University of Texas School of Allied
  13-20  Health Sciences at Houston;
  13-21                    (E)  The University of Texas School of Public
  13-22  Health at Houston;
  13-23                    (F)  The University of Texas Speech and Hearing
  13-24  Institute at Houston; and
  13-25                    (G)  The University of Texas School of Nursing at
   14-1  Houston;
   14-2              (10)  The University of Texas Health Science Center at
   14-3  San Antonio, including
   14-4                    (A)  The University of Texas Medical School at
   14-5  San Antonio;
   14-6                    (B)  The University of Texas Dental School at San
   14-7  Antonio;
   14-8                    (C)  The University of Texas Graduate School of
   14-9  Biomedical Sciences at San Antonio;
  14-10                    (D)  The University of Texas School of Allied
  14-11  Health Sciences at San Antonio; and
  14-12                    (E)  The University of Texas School of Nursing at
  14-13  San Antonio;
  14-14              (11)  The University of Texas M. D. Anderson Cancer
  14-15  Center, including
  14-16                    (A)  The University of Texas M. D. Anderson
  14-17  Hospital;
  14-18                    (B)  The University of Texas M. D. Anderson Tumor
  14-19  Institute; and
  14-20                    (C)  The University of Texas M. D. Anderson
  14-21  Science Park.
  14-22        SECTION 12.  (a)  Not later than September 1, 1993, the board
  14-23  of regents of The University of Texas System shall take the
  14-24  necessary actions to establish the professional schools and
  14-25  research centers under Sections 69.04 and 69.05, Education Code, as
   15-1  added by this Act.
   15-2        (b)  Not later than January 1, 1995, the research centers
   15-3  established under Section 69.05, Education Code, as added by this
   15-4  Act, shall begin conducting research.
   15-5        (c)  To the extent that funds are available for this purpose,
   15-6  the board of regents of The University of Texas System shall
   15-7  provide the funding required by Section 65.47, Education Code, as
   15-8  added by this Act, beginning with the fiscal year beginning
   15-9  September 1, 1993.
  15-10        (d)  To the extent that funds are available for this purpose,
  15-11  the board of regents of Texas Tech University shall provide the
  15-12  funding required by Section 110.25, Education Code, as added by
  15-13  this Act, beginning with the fiscal year beginning September 1,
  15-14  1993.
  15-15        SECTION 13.  The importance of this legislation and the
  15-16  crowded condition of the calendars in both houses create an
  15-17  emergency and an imperative public necessity that the
  15-18  constitutional rule requiring bills to be read on three several
  15-19  days in each house be suspended, and this rule is hereby suspended,
  15-20  and that this Act take effect and be in force from and after its
  15-21  passage, and it is so enacted.