BILL ANALYSIS


                                                    C.S.S.B. 1298
                                                         By: Cain
                                                        Education
                                                           4-6-95
                                   Committee Report (Substituted)
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
a 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, C.S.S.B. 1298 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 (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,
including bonds, 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 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.