S.B. No. 346
                                        AN ACT
    1-1  relating to changing the name of the Texas College of Osteopathic
    1-2  Medicine to the University of North Texas Health Science Center at
    1-3  Fort Worth and to the powers of the Board of Regents of the
    1-4  University of North Texas.
    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, but may not include an M.D. degree.
    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                    (A)  "Appointed officer of a major state agency"
   9-24  means any of the following:
   9-25                          (i)  a member of the Public Utility
   10-1  Commission of Texas;
   10-2                          (ii)  a member of the Texas Department of
   10-3  Commerce;
   10-4                          (iii)  a member of the Texas Board of
   10-5  Aviation;
   10-6                          (iv)  a member of the Texas Air Control
   10-7  Board;
   10-8                          (v)  a member of the Texas Alcoholic
   10-9  Beverage Commission;
  10-10                          (vi)  a member of the Finance Commission of
  10-11  Texas;
  10-12                          (vii)  a member of the State Purchasing and
  10-13  General Services Commission;
  10-14                          (viii)  a member of the Texas Board of
  10-15  Criminal Justice;
  10-16                          (ix)  a member of the Board of Trustees of
  10-17  the Employees Retirement System of Texas;
  10-18                          (x)  a member of the State Highway and
  10-19  Public Transportation Commission;
  10-20                          (xi)  a member of the Texas Workers'
  10-21  Compensation Commission;
  10-22                          (xii)  a member of the State Board of
  10-23  Insurance;
  10-24                          (xiii)  a member of the Parks and Wildlife
  10-25  Commission;
   11-1                          (xiv)  a member of the Public Safety
   11-2  Commission;
   11-3                          (xv)  the Secretary of State;
   11-4                          (xvi)  a member of the State Securities
   11-5  Board;
   11-6                          (xvii)  a member of the Texas Amusement
   11-7  Machine Commission;
   11-8                          (xviii)  a member of the Texas Water
   11-9  Development Board;
  11-10                          (xix)  a member of the Texas Water
  11-11  Commission;
  11-12                          (xx)  a member of the governing board of a
  11-13  state senior college or university as defined by Section 61.003,
  11-14  Education Code, including The University of Texas at Arlington; The
  11-15  University of Texas at Austin; The University of Texas at Dallas;
  11-16  The University of Texas at El Paso; The University of Texas--Pan
  11-17  American; The University of Texas--Pan American--Brownsville; The
  11-18  University of Texas of the Permian Basin; The University of Texas
  11-19  at San Antonio; The University of Texas at Tyler; The University of
  11-20  Texas Southwestern Medical Center at Dallas; The University of
  11-21  Texas Medical Branch at Galveston; The University of Texas Health
  11-22  Science Center at Houston; The University of Texas Health Science
  11-23  Center at San Antonio; The University of Texas System Cancer
  11-24  Center; The University of Texas Health Science Center at Tyler;
  11-25  Texas A&M University; Texas A&M University at Galveston; Prairie
   12-1  View A&M University; Tarleton State University; Corpus Christi
   12-2  State University; Texas A&I University; Laredo State University;
   12-3  East Texas State University; East Texas State University at
   12-4  Texarkana; University of Houston; University of Houston--Clear
   12-5  Lake; University of Houston--Downtown; University of
   12-6  Houston--Victoria; Lamar University at Beaumont; Lamar University
   12-7  at Orange; Lamar University at Port Arthur; Midwestern State
   12-8  University; University of North Texas; University of North Texas
   12-9  Health Science Center at Fort Worth <Texas College of Osteopathic
  12-10  Medicine>; Stephen F. Austin State University; Texas Southern
  12-11  University; Texas Tech University; Texas Tech University Health
  12-12  Sciences Center; Texas Woman's University; West Texas State
  12-13  University; Angelo State University; Sam Houston State University;
  12-14  Southwest Texas State University; Sul Ross State University; Sul
  12-15  Ross State University--Uvalde Center; Texas State Technical
  12-16  Institute--Amarillo; Texas State Technical Institute--Harlingen;
  12-17  Texas State Technical Institute--Sweetwater; and Texas State
  12-18  Technical Institute--Waco;
  12-19                          (xxi)  a member of the Texas Higher
  12-20  Education Coordinating Board;
  12-21                          (xxii)  a member of the Texas Employment
  12-22  Commission;
  12-23                          (xxiii)  a member of the State Banking
  12-24  Board;
  12-25                          (xxiv)  a member of the board of trustees
   13-1  of the Teacher <Teachers> Retirement System of Texas;
   13-2                          (xxv)  a member of the Credit Union
   13-3  Commission;
   13-4                          (xxvi)  a member of the School Land Board;
   13-5                          (xxvii)  a member of the board of the Texas
   13-6  Department of Housing and Community Affairs;
   13-7                          (xxviii)  a member of the Texas Racing
   13-8  Commission;
   13-9                          (xxix)  a member of the State Board of
  13-10  Dental Examiners;
  13-11                          (xxx)  a member of the Texas Board of
  13-12  Licensure for Nursing Home Administrators;
  13-13                          (xxxi)  a member of the Texas State Board
  13-14  of Medical Examiners;
  13-15                          (xxxii)  a member of the Board of Pardons
  13-16  and Paroles;
  13-17                          (xxxiii)  a member of the Texas State Board
  13-18  of Pharmacy;
  13-19                          (xxxiv)  the Banking Commissioner of the
  13-20  Banking Department of Texas;
  13-21                          (xxxv)  a member of the Department of
  13-22  Information Resources Governing Board;
  13-23                          (xxxvi)  the fire fighters' pension
  13-24  commissioner;
  13-25                          (xxxvii)  a member of the Texas Motor
   14-1  Vehicle Commission;
   14-2                          (xxxviii)  the director of the Office of
   14-3  Court Administration of the Texas Judicial System;
   14-4                          (xxxix)  the chief executive of the Office
   14-5  of Public Utility Counsel;
   14-6                          (xl)  a member of the Texas Real Estate
   14-7  Commission;
   14-8                          (xli)  a member of the board of directors
   14-9  and the executive director of the State Bar of Texas;
  14-10                          (xlii)  a member of the Bond Review Board;
  14-11                          (xliii)  a member of the Texas Board of
  14-12  Health;
  14-13                          (xliv)  a member of the Texas Board of
  14-14  Mental Health and Mental Retardation;
  14-15                          (xlv)  a member of the Texas Board on
  14-16  Aging;
  14-17                          (xlvi)  a member of the Texas Board of
  14-18  Human Services;
  14-19                          (xlvii)  a member of the Texas Funeral
  14-20  Service Commission;
  14-21                          (xlviii)  a member of the board of
  14-22  directors of a river authority created under the constitution or
  14-23  laws of this state;
  14-24                          (xlix)  the director of the lottery
  14-25  division in the office of the comptroller; or
   15-1                          (l)  the deputy in charge of the department
   15-2  of security in the lottery division in the office of the
   15-3  comptroller.
   15-4        SECTION 13.  (a)  The name of the Texas College of
   15-5  Osteopathic Medicine is changed to the University of North Texas
   15-6  Health Science Center at Fort Worth.  A reference in law to the
   15-7  Texas College of Osteopathic Medicine means the University of North
   15-8  Texas Health Science Center at Fort Worth.
   15-9        (b)  An appropriation for the use and benefit of the Texas
  15-10  College of Osteopathic Medicine is available for the use and
  15-11  benefit of the University of North Texas Health Science Center at
  15-12  Fort Worth.
  15-13        SECTION 14.  The importance of this legislation and the
  15-14  crowded condition of the calendars in both houses create an
  15-15  emergency and an imperative public necessity that the
  15-16  constitutional rule requiring bills to be read on three several
  15-17  days in each house be suspended, and this rule is hereby suspended,
  15-18  and that this Act take effect and be in force from and after its
  15-19  passage, and it is so enacted.