BILL ANALYSIS



C.S.H.B. 2495
By: Harris
April 17, 1995
Committee Report (Substituted)


BACKGROUND

The Baylor College of Dentistry, founded in 1905, is an independent
free-standing college of dentistry.  Since 1971, and upon the
approval of the Legislature, the College has been under contract
through the Texas Higher Education Coordinating Board to the State
of Texas for the education of Texas resident dental students.

Following the College's Strategic Plan in 1992, it was determined
that to fulfill the College's mission and goals to the citizens of
Texas in the twenty-first century, consideration should be given to
affiliating the College with a public university system, rather
than remain the nation's only private, independent dental college.

After a year of careful considerations of various alternatives and
the merits of a public university affiliation, the Baylor College
of Dentistry Board of Trustees voted on January 20, 1995 to seek a
merger with The Texas A&M University System.  On January 27, 1995
The Board of Regents of the Texas A&M University System likewise
voted to seek the merger of the College into the Texas A&M
University System.

The academic synergies with The Texas A&M University System will be
beneficial to the College, The Texas A&M University System, and the
citizens of Texas.  The Texas A&M University System's commitment to
rural health care, consistent with the nature of the land grant
mission of that System, along with the College's renewed commitment
to a more extensive rural outreach will enhance health promotion,
disease prevention, continuing education for practicing dentists
and clinical care activities with Texas rural citizens.  This
emphasis would compliment the College's already significant
programs aimed at serving the urban undeserved population.  The net
result will assist the state in improving the health of its
citizens.  Additionally, research activities of the college will be
enhanced by the numerous collaborations the Texas A&M University
System offers, further improving the oral health of Texas citizens.


PURPOSE

As proposed, C.S.H.B. 2495 transfers the Baylor College of
Dentistry to the Texas A&M University System.


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
o the board of regents of the Texas A&M University System under
SECTIONS 2 (c) and 8 (Sec. 87.802(6), Education Code) of this bill.


SECTION BY SECTION ANALYSIS

SECTION 1. TRANSFER OF GOVERNANCE.  Transfers the Baylor College of
Dentistry (college), a Texas nonprofit corporation, including the
organization, control, management, and property of that
institution, to the board of regents (regents) of the Texas A&M
University System (system) if the board of trustees (board) of the
Baylor College of Dentistry and the regents of the system agree to
the transfer by August 31, 1996.  Provides that the transfer is 
effective September 1, 1996, and is governed by Sections 2 through
7 of this Act if the boards agree to the transfer in the time
provided.  Requires the institution to be known as the Texas A&M
University System--Baylor College of Dentistry (system-college).

SECTION 2. POWERS AND DUTIES; RULES AND POLICES.  (a)  Requires the
regents of the system to undertake to govern, operate, manage, and
control the college and all land, buildings, facilities,
improvements, equipment, supplies, and property belonging to and 
comprising that institution under the powers, duties, and
responsibilities conferred by law on the board of the system for
the governance, operation, management, and control of component
institutions comprising that system.  (b)  Authorizes the
system-college to continue to award degrees in the same disciplines
and of the same academic standing as the college.  Provides that
new programs at the institution are subject to the approval process
applicable to other state-supported dental schools.  (c)  Provides
that rules and policies adopted by the board of the college to
govern that institution that are in effect when the transfer takes
effect are continued in effect until adopted, repealed, or
superseded by the regents of the system.  Authorizes the regents to
adopt rules and policies applicable to the system-college in
anticipation of the transfer authorized by the Act.

SECTION 3. CONTRACTS AND WRITTEN OBLIGATIONS.  Provides that
contracts and written obligations of every kind and character
entered into by the board of the college for and on behalf of the
college are ratified, confirmed, and validated. Provides that the
regents of the system are substituted for and stand and act in the
place of the board of the college to the extent permitted by law.

SECTION 4. EFFECT OF TRANSFER ON EMPLOYEES.  Requires a person who
is an employee of the college as of the effective date of the
transfer to be treated the same as any other new employee of the
system except that each employee shall be given credit for all
prior years of service at the college for the purpose of annual
leave accrual rates as state employees.

SECTION 5. CURRENT FUNDING.  Transfers all funds that, on the
effective date of the transfer, have been dedicated to or are held
for the use and benefit of the college under the governance of the
board to the regents of the system for the use and benefit of the 
system-college.

SECTION 6. EFFECT OF TRANSFER ON STUDENTS.  Provides that the
transfer of governance, operation, management and control of the
system-college to the regents of the system does not affect the
credit hours earned by students at the college before the effective 
date of this Act.

SECTION 7. LEGISLATIVE INTENT.  Provides that it is the intent of
the legislature that the effect of this Act is to transfer
governance of the existing college from the board of the nonprofit 
corporation to the regents of the system.  Provides that this Act
does not serve to create an institution of higher education
entitled to funds under Sections 17 or 18, Article VII, Texas 
Constitution.

SECTION 8. Amends Chapter 87, Education Code, by adding Subchapter
I, as follows:

 SUBCHAPTER I.  THE TEXAS A&M UNIVERSITY SYSTEM-BAYLOR COLLEGE OF
DENTISTRY

   Sec.  87.801.  THE TEXAS A&M UNIVERSITY SYSTEM-BAYLOR COLLEGE OF 
 DENTISTRY.  (a)  Provides that the system-college is a component
institution of the system under the management and control of the
regents of the system.

   (b)  Provides that the regents have the same powers and duties
concerning the system-college as are conferred by law concerning
Texas A&M University.

   Sec.  87.802.  POWERS OF BOARD.  (a)  Authorizes the regents to
provide for the training and teaching of students seeking to become
dentists, dental hygienists, or other technicians who provide
services related to the practice of dentistry; prescribe courses
leading to degrees customarily offered in other leading U.S. dental
schools; award the degrees described by Subdivision (2); enter into
an affiliation or coordinating agreement with an entity if 
reasonably necessary or desirable for the operation of a first
class school of dentistry; make joint appointments in the
system-college and another institution within the system; and adopt
rules for the operation, control, and management of the college, as
necessary for the operation of a first class school of dentistry,
including rules governing the number of students that may be
admitted to any program at the college. (b)  Requires the salary of
the person who receives a joint  appointment under Subsection
(a)(5) to be apportioned among the institutions to which the
individual is appointed on the basis of the services rendered.

SECTION 9. Emergency clause.
           Effective date:  upon passage.


COMPARISON OF SUBSTITUTE TO ORIGINAL

In C.S.H.B. 2495, the caption is revised to state that the bill
relates to the transfer of the 
Baylor College of Dentistry to The Texas A&M University System.

In SECTION 1, the C.S.H.B. 2495 includes that the organization,
control, management and property of the Baylor College of Dentistry
is transferred to the board of regents of The Texas A&M University
System.

The original bill specified that all the right, title, and interest
of the Baylor College of Dentistry would be transferred to the
board of regents of The Texas A&M University System.

In SECTION 1, the C.S.H.B. 2495 states that the Baylor College of
Dentistry and the Texas A&M University System must agree to this
transfer by August 31, 1996 in order for it to be effective by
September 1, 1996.  In addition, the transfer is governed by
Sections 2 - 7 of the bill and the college is referred as the Texas
A&M University System-Baylor College of Dentistry.

In SECTION 2, the C.S.H.B. 2495 Subsections (b) and (c) are
included whereas not in the original bill.  Subsection (b) allows
the Baylor College of Dentistry to continue to award degrees as
before and new degree programs must be approved like any other
state-supported dental school.  Subsection (c) states that rules
and policies of the board of trustees will continue until the board
of regents of the Texas A&M University System adopt, change or
repeal them.

In SECTION 8, Section 87.803 and 87.804 of the C.S.H.B. 2495 are
deleted and the text is renumbered under Section 807.802.


SUMMARY OF COMMITTEE ACTION

H.B. 2495 was considered by the committee in a public hearing on
April 11, 1995.

The committee considered a complete committee substitute for the
bill.  The substitute was adopted without objection by a non-record
vote.

The following persons testified in favor of the bill:
Mr. George Bramblott;
Mr. Ruben Esquivel; and 
Mr. Bill Clayton.

The bill was reported as substituted, with the recommendation that
it do pass and be printed, by a record vote of 7 ayes, 0 nays, 0
pnv, 2 absent.