BILL ANALYSIS
H.B. 2495
By: Harris (Cain)
Education
5-12-95
Senate Committee Report (Unamended)
BACKGROUND
The Baylor College of Dentistry, founded in 1905, is an independent
college of dentistry. Since 1971, and upon approval of the Texas
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 21st century, consideration should be given to
affiliating the college with a public university system, rather
than remaining the nation's only private, independent dental
college. After a year of consideration 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
merger with the Texas A&M University System. On January 27, 1995,
the board of regents of the Texas A&M University System approved
seeking the merger of Baylor College of Dentistry into the Texas
A&M University System.
PURPOSE
As proposed, 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
to 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, a Texas nonprofit corporation, including the
organization, control, management, and property of that
institution, to the board of regents (board) of the Texas A&M
University System (system) if the board of trustees (trustees) of
the Baylor College of Dentistry (college) and the board of the
system agree to the transfer by a certain date. 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 POLICIES. (a) Requires
the board of the system to undertake to govern, operate, manage,
and control the system-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 degree 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 trustees
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 board of the system.
Authorizes the board to adopt rules and policies applicable to
the system-college in anticipation of the transfer authorized
by this Act.
SECTION 3. CONTRACTS AND WRITTEN OBLIGATIONS. Ratifies, confirms,
and validates contracts and written obligations of every kind and
character entered into by the trustees of the college for and on
behalf of the college. Provides that the board of the system is
substituted for and stands and acts in the place of the board 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
trustees to the board 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
college to the board 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 trustees of the
nonprofit corporation to the board of the system. Provides that
this Act does not create an institution of higher education
entitled to funds under Sections 17 and 18, Article VII, Texas
Constitution. Provides that the system-college is not eligible to
receive funds under Section 17 or 18, Article VII, Texas
Constitution, on and after the effective date of the transfer.
SECTION 8. AMENDMENT. 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 board of the system.
(b) Provides that the board has the same powers and duties
concerning the system-college as are conferred on it by law
concerning Texas A&M University.
Sec. 87.802. POWERS OF BOARD. (a) Authorizes the board to
provide for the training and teaching of students seeking to
become dentists, dental technicians, 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.