1-1 By: Moncrief S.B. No. 346
1-2 (In the Senate - Filed February 12, 1993; February 15, 1993,
1-3 read first time and referred to Committee on Education;
1-4 March 31, 1993, reported favorably, as amended, by the following
1-5 vote: Yeas 9, Nays 0; March 31, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Ratliff x
1-9 Haley x
1-10 Barrientos x
1-11 Bivins x
1-12 Harris of Tarrant x
1-13 Luna x
1-14 Montford x
1-15 Shapiro x
1-16 Sibley x
1-17 Turner x
1-18 Zaffirini x
1-19 COMMITTEE AMENDMENT NO. 1 By: Bivins
1-20 Amend S.B. 346 as follows:
1-21 On page , line , following the word "certificates" add ", but
1-22 may not include an M.D. degree."
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to changing the name of the Texas College of Osteopathic
1-26 Medicine to the University of North Texas Health Science Center at
1-27 Fort Worth and to the powers of the Board of Regents of the
1-28 University of North Texas.
1-29 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-30 SECTION 1. Section 105.71, Education Code, is amended to
1-31 read as follows:
1-32 Sec. 105.71. ESTABLISHMENT OF UNIVERSITY OF NORTH TEXAS
1-33 HEALTH SCIENCE CENTER AT FORT WORTH <COLLEGE OF OSTEOPATHIC
1-34 MEDICINE>. (a) There is hereby created a health science center
1-35 <college of osteopathic medicine> in the city of Fort Worth to be
1-36 known as the University of North Texas Health Science Center at
1-37 Fort Worth <Texas College of Osteopathic Medicine>, which consists
1-38 of a college of osteopathic medicine, and which is a separate
1-39 institution and not a department, school, or branch of the
1-40 University of North Texas, but under the direction, management, and
1-41 control of the Board of Regents of the University of North Texas.
1-42 (b) The board shall have the same powers of direction,
1-43 management, and control over the health science center <college of
1-44 osteopathic medicine> that it exercises over the University of
1-45 North Texas, but the board shall act separately and independently
1-46 on all matters affecting the health science center <college of
1-47 osteopathic medicine> as a separate institution.
1-48 (c) The board, with the approval of the Texas Higher
1-49 Education Coordinating Board, may prescribe courses at the health
1-50 science center leading to customary degrees, diplomas, or
1-51 certificates.
1-52 SECTION 2. The heading to Subchapter E, Chapter 105,
1-53 Education Code, is amended to read as follows:
1-54 SUBCHAPTER E. UNIVERSITY OF NORTH TEXAS HEALTH
1-55 SCIENCE CENTER AT FORT WORTH <TEXAS COLLEGE OF
1-56 OSTEOPATHIC MEDICINE>
1-57 SECTION 3. Section 105.74, Education Code, is amended to
1-58 read as follows:
1-59 Sec. 105.74. Chief Executive Officers. The board of regents
1-60 of the University of North Texas may appoint a chancellor who shall
1-61 serve as chief executive officer of the University of North Texas
1-62 and the University of North Texas Health Science Center at Fort
1-63 Worth <Texas College of Osteopathic Medicine>. The board of
1-64 regents shall appoint a president of the University of North Texas
1-65 and a president of the University of North Texas Health Science
1-66 Center at Fort Worth <Texas College of Osteopathic Medicine> who
1-67 shall serve as chief operating officers of each institution,
1-68 respectively. The president of the University of North Texas
2-1 Health Science Center at Fort Worth <Texas College of Osteopathic
2-2 Medicine> shall be a licensed physician who possesses a doctor of
2-3 osteopathy degree from an accredited college of osteopathic
2-4 medicine <school> and licensed to practice medicine in some state
2-5 of the United States for a minimum of five years.
2-6 SECTION 4. Section 105.76, Education Code, is amended to
2-7 read as follows:
2-8 Sec. 105.76. Joint Appointments. The board of regents is
2-9 specifically authorized to make joint appointments in the
2-10 university and the health science center <Texas College of
2-11 Osteopathic Medicine> under its governance; the salary of any such
2-12 person who receives such joint appointment to be apportioned to the
2-13 appointing institution on the basis of services rendered.
2-14 SECTION 5. Subsection (b), Section 54.502, Education Code,
2-15 is amended to read as follows:
2-16 (b) The medical, dental, and allied health units of The
2-17 University of Texas System, the University of North Texas Health
2-18 Science Center at Fort Worth <Texas College of Osteopathic
2-19 Medicine>, the Texas Tech University Health Sciences Center, and
2-20 The Texas A&M University College of Medicine may collect a breakage
2-21 or loss deposit no greater than $30.
2-22 SECTION 6. Subsection (a), Section 58.001, Education Code,
2-23 is amended to read as follows:
2-24 (a) The legislature finds that it will improve the quality
2-25 of the delivery of medical care to the citizens of this state and,
2-26 therefore, that it will be in the public interest of this state for
2-27 the resident physicians being educated, trained, developed, and
2-28 prepared for a career in medicine by the schools of medicine in The
2-29 University of Texas System, the Texas Tech University Health
2-30 Sciences Center, the Texas A&M University Medical Program, and the
2-31 University of North Texas Health Science Center at Fort Worth
2-32 <Texas College of Osteopathic Medicine> to be compensated by those
2-33 schools while the resident physicians are undergoing education,
2-34 training, development, and preparation. The legislature further
2-35 finds that the delivery of quality medical care to the citizens of
2-36 this state has been and will continue to be enhanced by the
2-37 expansion of family practice residency programs as provided by
2-38 Sections 61.501 through 61.505 of this code and intends that
2-39 nothing in this chapter be interpreted or implemented in a manner
2-40 that will deter the development or expansion of family practice
2-41 residency programs or will deter the legislative goal of having at
2-42 least 25 percent of the first-year residency positions devoted to
2-43 family medicine.
2-44 SECTION 7. Subdivision (1), Section 59.01, Education Code,
2-45 is amended to read as follows:
2-46 (1) "Medical staff or students" means medical doctors,
2-47 doctors of osteopathy, dentists, veterinarians, and podiatrists
2-48 appointed to the faculty or professional medical staff employed for
2-49 student health services by The University of Texas System, The
2-50 Texas A&M University System, the Texas Tech University Health
2-51 Sciences Center <School of Medicine>, or the University of North
2-52 Texas Health Science Center at Fort Worth <Texas College of
2-53 Osteopathic Medicine>, either full time or who, although appointed
2-54 less than full time (including volunteers), either devote their
2-55 total professional service to such appointment or provide services
2-56 to patients by assignment from the department chairman; and
2-57 interns, residents, fellows, and medical or dental students,
2-58 veterinary students, and students of osteopathy participating in a
2-59 patient-care program in The University of Texas System, The Texas
2-60 A&M University System, the Texas Tech University Health Sciences
2-61 Center <School of Medicine>, or the University of North Texas
2-62 Health Science Center at Fort Worth <Texas College of Osteopathic
2-63 Medicine>.
2-64 SECTION 8. Subsections (a) and (c), Section 59.02, Education
2-65 Code, are amended to read as follows:
2-66 (a) Each board may establish a separate self-insurance fund
2-67 to pay any damages adjudged in a court of competent jurisdiction or
2-68 a settlement of any medical malpractice claim against a member of
2-69 the medical staff or students arising from the exercise of his
2-70 appointment, duties, or training with The University of Texas
3-1 System, The Texas A&M University System, the Texas Tech University
3-2 Health Sciences Center <School of Medicine>, or the University of
3-3 North Texas Health Science Center at Fort Worth <Texas College of
3-4 Osteopathic Medicine>.
3-5 (c) On the establishment of each fund, transfers to the fund
3-6 shall be made in an amount and at such intervals as determined by
3-7 the board. Each board may receive and accept any gifts or
3-8 donations specified for the purposes of this subchapter and deposit
3-9 those gifts or donations into the fund. Each board may invest
3-10 money deposited in the fund, and any income received shall be
3-11 retained in the fund. The money shall be deposited in any of the
3-12 approved depository banks of The University of Texas System, The
3-13 Texas A&M University System, the Texas Tech University Health
3-14 Sciences Center <School of Medicine>, or the University of North
3-15 Texas Health Science Center at Fort Worth <Texas College of
3-16 Osteopathic Medicine>. All expenditures from the funds shall be
3-17 paid pursuant to approval by the boards.
3-18 SECTION 9. Section 59.06, Education Code, is amended to read
3-19 as follows:
3-20 Sec. 59.06. Limitation on Appropriated Funds. Funds
3-21 appropriated by the legislature to either system, to the Texas Tech
3-22 University Health Sciences Center <School of Medicine>, or to the
3-23 University of North Texas Health Science Center at Fort Worth
3-24 <Texas College of Osteopathic Medicine> from the General Revenue
3-25 Fund may not be used to establish or maintain the fund, to purchase
3-26 insurance, or to employ private legal counsel.
3-27 SECTION 10. Subdivision (1), Section 61.501, Education Code,
3-28 is amended to read as follows:
3-29 (1) "Medical school" means the medical school at The
3-30 University of Texas Health Science Center at Houston, the medical
3-31 school at The University of Texas Health Science Center at Dallas,
3-32 the medical school at The University of Texas Health Science Center
3-33 at San Antonio, The University of Texas Medical Branch at
3-34 Galveston, the Texas Tech University Health Sciences Center <School
3-35 of Medicine>, the Baylor College of Medicine, the college of
3-36 osteopathic medicine at the University of North Texas Health
3-37 Science Center at Fort Worth <Texas College of Osteopathic
3-38 Medicine>, or the Texas A&M University Medical Program.
3-39 SECTION 11. Subsection (a), Section 62.021, Education Code,
3-40 is amended to read as follows:
3-41 (a) Each fiscal year, an eligible institution is entitled to
3-42 receive an amount allocated in accordance with this section from
3-43 funds appropriated by Article VII, Section 17(a), of the
3-44 Constitution of Texas. The comptroller of public accounts shall
3-45 distribute funds allocated under this subsection only on
3-46 presentation of a claim and issuance of a warrant in accordance
3-47 with Section 403.071, Government Code. The comptroller may not
3-48 issue a warrant from any funds allocated under this subsection
3-49 before the delivery of goods or services described in Section 17,
3-50 Article VII, Texas Constitution, except for the payment of
3-51 principal or interest on bonds or notes. The allocation of funds
3-52 under this subsection is made in accordance with an equitable
3-53 formula consisting of the following elements: space deficit,
3-54 facilities condition, institutional complexity, separate allocation
3-55 for medical units, and additional allocation for compliance with
3-56 the Texas Desegregation Plan. The amounts allocated by such
3-57 formula are as follows:
3-58 $ 2,971,685 East Texas State University including
3-59 East Texas State University at
3-60 Texarkana;
3-61 $ 7,125,680 Lamar University including Lamar
3-62 University at Orange and Lamar
3-63 University at Port Arthur;
3-64 $ 1,645,885 Midwestern State University;
3-65 $11,444,067 University of North Texas;
3-66 $ 3,196,287 Pan American University and The
3-67 University of Texas at Brownsville;
3-68 $ 5,152,124 Stephen F. Austin State University;
3-69 $ 2,166,667 University of North Texas Health
3-70 Science Center at Fort Worth
4-1 <Texas College of Osteopathic>
4-2 <Medicine>;
4-3 $19,724,411 Texas State University System
4-4 Administration and the following
4-5 component institutions:
4-6 Angelo State University;
4-7 Sam Houston State University;
4-8 Southwest Texas State University;
4-9 Sul Ross State University including
4-10 Uvalde Study Center;
4-11 $ 6,596,436 Texas Southern University (includes
4-12 allocation of $2,700,000 for
4-13 compliance with Texas Desegregation
4-14 Plan);
4-15 $10,538,296 Texas Tech University;
4-16 $ 4,333,333 Texas Tech University Health Sciences
4-17 Center;
4-18 $ 3,583,869 Texas Woman's University;
4-19 $15,799,996 University of Houston System
4-20 Administration and the following
4-21 component institutions:
4-22 University of Houston;
4-23 University of Houston--Victoria;
4-24 University of Houston--Clear Lake;
4-25 University of Houston--Downtown;
4-26 $ 3,636,316 University System of South Texas
4-27 System Administration and the
4-28 following component institutions:
4-29 Corpus Christi State University;
4-30 Laredo State University;
4-31 Texas A&I University; and
4-32 $ 2,084,948 West Texas State University.
4-33 SECTION 12. Paragraph (A), Subdivision (5), Section 2,
4-34 Chapter 421, Acts of the 63rd Legislature, Regular Session, 1973
4-35 (Article 6252-9b, Vernon's Texas Civil Statutes), is amended to
4-36 read as follows:
4-37 (A) "Appointed officer of a major state agency"
4-38 means any of the following:
4-39 (i) a member of the Public Utility
4-40 Commission of Texas;
4-41 (ii) a member of the Texas Department of
4-42 Commerce;
4-43 (iii) a member of the Texas Board of
4-44 Aviation;
4-45 (iv) a member of the Texas Air Control
4-46 Board;
4-47 (v) a member of the Texas Alcoholic
4-48 Beverage Commission;
4-49 (vi) a member of the Finance Commission of
4-50 Texas;
4-51 (vii) a member of the State Purchasing and
4-52 General Services Commission;
4-53 (viii) a member of the Texas Board of
4-54 Criminal Justice;
4-55 (ix) a member of the Board of Trustees of
4-56 the Employees Retirement System of Texas;
4-57 (x) a member of the State Highway and
4-58 Public Transportation Commission;
4-59 (xi) a member of the Texas Workers'
4-60 Compensation Commission;
4-61 (xii) a member of the State Board of
4-62 Insurance;
4-63 (xiii) a member of the Parks and Wildlife
4-64 Commission;
4-65 (xiv) a member of the Public Safety
4-66 Commission;
4-67 (xv) the Secretary of State;
4-68 (xvi) a member of the State Securities
4-69 Board;
4-70 (xvii) a member of the Texas Amusement
5-1 Machine Commission;
5-2 (xviii) a member of the Texas Water
5-3 Development Board;
5-4 (xix) a member of the Texas Water
5-5 Commission;
5-6 (xx) a member of the governing board of a
5-7 state senior college or university as defined by Section 61.003,
5-8 Education Code, including The University of Texas at Arlington; The
5-9 University of Texas at Austin; The University of Texas at Dallas;
5-10 The University of Texas at El Paso; The University of Texas--Pan
5-11 American; The University of Texas--Pan American--Brownsville; The
5-12 University of Texas of the Permian Basin; The University of Texas
5-13 at San Antonio; The University of Texas at Tyler; The University of
5-14 Texas Southwestern Medical Center at Dallas; The University of
5-15 Texas Medical Branch at Galveston; The University of Texas Health
5-16 Science Center at Houston; The University of Texas Health Science
5-17 Center at San Antonio; The University of Texas System Cancer
5-18 Center; The University of Texas Health Science Center at Tyler;
5-19 Texas A&M University; Texas A&M University at Galveston; Prairie
5-20 View A&M University; Tarleton State University; Corpus Christi
5-21 State University; Texas A&I University; Laredo State University;
5-22 East Texas State University; East Texas State University at
5-23 Texarkana; University of Houston; University of Houston--Clear
5-24 Lake; University of Houston--Downtown; University of
5-25 Houston--Victoria; Lamar University at Beaumont; Lamar University
5-26 at Orange; Lamar University at Port Arthur; Midwestern State
5-27 University; University of North Texas; University of North Texas
5-28 Health Science Center at Fort Worth <Texas College of Osteopathic
5-29 Medicine>; Stephen F. Austin State University; Texas Southern
5-30 University; Texas Tech University; Texas Tech University Health
5-31 Sciences Center; Texas Woman's University; West Texas State
5-32 University; Angelo State University; Sam Houston State University;
5-33 Southwest Texas State University; Sul Ross State University; Sul
5-34 Ross State University--Uvalde Center; Texas State Technical
5-35 Institute--Amarillo; Texas State Technical Institute--Harlingen;
5-36 Texas State Technical Institute--Sweetwater; and Texas State
5-37 Technical Institute--Waco;
5-38 (xxi) a member of the Texas Higher
5-39 Education Coordinating Board;
5-40 (xxii) a member of the Texas Employment
5-41 Commission;
5-42 (xxiii) a member of the State Banking
5-43 Board;
5-44 (xxiv) a member of the board of trustees
5-45 of the Teacher <Teachers> Retirement System of Texas;
5-46 (xxv) a member of the Credit Union
5-47 Commission;
5-48 (xxvi) a member of the School Land Board;
5-49 (xxvii) a member of the board of the Texas
5-50 Department of Housing and Community Affairs;
5-51 (xxviii) a member of the Texas Racing
5-52 Commission;
5-53 (xxix) a member of the State Board of
5-54 Dental Examiners;
5-55 (xxx) a member of the Texas Board of
5-56 Licensure for Nursing Home Administrators;
5-57 (xxxi) a member of the Texas State Board
5-58 of Medical Examiners;
5-59 (xxxii) a member of the Board of Pardons
5-60 and Paroles;
5-61 (xxxiii) a member of the Texas State Board
5-62 of Pharmacy;
5-63 (xxxiv) the Banking Commissioner of the
5-64 Banking Department of Texas;
5-65 (xxxv) a member of the Department of
5-66 Information Resources Governing Board;
5-67 (xxxvi) the fire fighters' pension
5-68 commissioner;
5-69 (xxxvii) a member of the Texas Motor
5-70 Vehicle Commission;
6-1 (xxxviii) the director of the Office of
6-2 Court Administration of the Texas Judicial System;
6-3 (xxxix) the chief executive of the Office
6-4 of Public Utility Counsel;
6-5 (xl) a member of the Texas Real Estate
6-6 Commission;
6-7 (xli) a member of the board of directors
6-8 and the executive director of the State Bar of Texas;
6-9 (xlii) a member of the Bond Review Board;
6-10 (xliii) a member of the Texas Board of
6-11 Health;
6-12 (xliv) a member of the Texas Board of
6-13 Mental Health and Mental Retardation;
6-14 (xlv) a member of the Texas Board on
6-15 Aging;
6-16 (xlvi) a member of the Texas Board of
6-17 Human Services;
6-18 (xlvii) a member of the Texas Funeral
6-19 Service Commission;
6-20 (xlviii) a member of the board of
6-21 directors of a river authority created under the constitution or
6-22 laws of this state;
6-23 (xlix) the director of the lottery
6-24 division in the office of the comptroller; or
6-25 (l) the deputy in charge of the department
6-26 of security in the lottery division in the office of the
6-27 comptroller.
6-28 SECTION 13. (a) The name of the Texas College of
6-29 Osteopathic Medicine is changed to the University of North Texas
6-30 Health Science Center at Fort Worth. A reference in law to the
6-31 Texas College of Osteopathic Medicine means the University of North
6-32 Texas Health Science Center at Fort Worth.
6-33 (b) An appropriation for the use and benefit of the Texas
6-34 College of Osteopathic Medicine is available for the use and
6-35 benefit of the University of North Texas Health Science Center at
6-36 Fort Worth.
6-37 SECTION 14. The importance of this legislation and the
6-38 crowded condition of the calendars in both houses create an
6-39 emergency and an imperative public necessity that the
6-40 constitutional rule requiring bills to be read on three several
6-41 days in each house be suspended, and this rule is hereby suspended,
6-42 and that this Act take effect and be in force from and after its
6-43 passage, and it is so enacted.
6-44 * * * * *
6-45 Austin,
6-46 Texas
6-47 March 31, 1993
6-48 Hon. Bob Bullock
6-49 President of the Senate
6-50 Sir:
6-51 We, your Committee on Education to which was referred S.B. No. 346,
6-52 have had the same under consideration, and I am instructed to
6-53 report it back to the Senate with the recommendation that it do
6-54 pass, as amended, and be printed.
6-55 Ratliff,
6-56 Chairman
6-57 * * * * *
6-58 WITNESSES
6-59 FOR AGAINST ON
6-60 ___________________________________________________________________
6-61 Name: David Richards x
6-62 Representing: Tx College of Osteopathic Med
6-63 City: Fort Worth
6-64 -------------------------------------------------------------------
6-65 Name: Don Rives x
6-66 Representing: Univ of North Texas
6-67 City: Austin
6-68 -------------------------------------------------------------------
6-69 Name: Alfred F. Hurley x
6-70 Representing: Univ of North Texas
7-1 City: Denton
7-2 -------------------------------------------------------------------
7-3 Name: Mike Ferguson, Jr. x
7-4 Representing: TCOM
7-5 City: Fort Worth
7-6 -------------------------------------------------------------------
7-7 Name: Greg McQueen x
7-8 Representing: Tx College of Osteopathic Med
7-9 City: Fort Worth
7-10 -------------------------------------------------------------------
7-11 Name: Terry Boucher x
7-12 Representing: Tx Osteopathic Med Assoc
7-13 City: Fort Worth
7-14 -------------------------------------------------------------------
7-15 Name: Warren Anderson x
7-16 Representing: Tx College of Osteopathic Med
7-17 City: Fort Worth
7-18 -------------------------------------------------------------------