74R9044 JSA-F
By Harris, Rabuck, Wolens, et al. H.B. No. 2495
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of the Baylor College of Dentistry to The
1-3 Texas A&M University System.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. TRANSFER OF GOVERNANCE. The Baylor College of
1-6 Dentistry, a Texas nonprofit corporation, including the
1-7 organization, control, management, and property of that
1-8 institution, is transferred to the board of regents of The Texas
1-9 A&M University System if the board of trustees of the Baylor
1-10 College of Dentistry and the board of regents of The Texas A&M
1-11 University System agree to the transfer not later than August 31,
1-12 1996. If the boards agree to the transfer in the time provided,
1-13 the transfer is effective September 1, 1996, and is governed by
1-14 Sections 2 through 7 of this Act. When the transfer takes effect,
1-15 the institution shall be known as The Texas A&M University
1-16 System--Baylor College of Dentistry.
1-17 SECTION 2. POWERS AND DUTIES; RULES AND POLICIES. (a) The
1-18 board of regents of The Texas A&M University System shall undertake
1-19 to govern, operate, manage, and control The Texas A&M University
1-20 System--Baylor College of Dentistry and all land, buildings,
1-21 facilities, improvements, equipment, supplies, and property
1-22 belonging to and comprising that institution under the powers,
1-23 duties, and responsibilities conferred by law on the board of
2-1 regents of The Texas A&M University System for the governance,
2-2 operation, management, and control of component institutions
2-3 comprising that system.
2-4 (b) The Texas A&M University System--Baylor College of
2-5 Dentistry may continue to award degrees in the same disciplines and
2-6 of the same academic standing as the Baylor College of Dentistry.
2-7 New degree programs at the institution are subject to the approval
2-8 process applicable to other state-supported dental schools.
2-9 (c) Rules and policies adopted by the board of trustees of
2-10 the Baylor College of Dentistry to govern that institution that are
2-11 in effect when the transfer takes effect are continued in effect
2-12 until adopted, repealed, or superseded by the board of regents of
2-13 The Texas A&M University System. The board of regents may adopt
2-14 rules and policies applicable to The Texas A&M University
2-15 System--Baylor College of Dentistry in anticipation of the transfer
2-16 authorized by this Act.
2-17 SECTION 3. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts and
2-18 written obligations of every kind and character entered into by the
2-19 board of trustees of the Baylor College of Dentistry for and on
2-20 behalf of the Baylor College of Dentistry are ratified, confirmed,
2-21 and validated. In those contracts and written obligations, the
2-22 board of regents of The Texas A&M University System is substituted
2-23 for and stands and acts in the place of the board of trustees of
2-24 the Baylor College of Dentistry to the extent permitted by law.
2-25 SECTION 4. EFFECT OF TRANSFER ON EMPLOYEES. For purposes of
3-1 employment benefits, a person who is an employee of the Baylor
3-2 College of Dentistry as of the effective date of the transfer shall
3-3 be treated the same as any other new employee of The Texas A&M
3-4 University System except that each employee shall be given credit
3-5 for all prior years of service at the Baylor College of Dentistry
3-6 for the purpose of annual leave accrual rates as state employees.
3-7 SECTION 5. CURRENT FUNDING. All funds that, on the
3-8 effective date of the transfer, have been dedicated to or are held
3-9 for the use and benefit of the Baylor College of Dentistry under
3-10 the governance of the board of trustees are transferred to the
3-11 board of regents of The Texas A&M University System for the use and
3-12 benefit of The Texas A&M University System--Baylor College of
3-13 Dentistry.
3-14 SECTION 6. EFFECT OF TRANSFER ON STUDENTS. The transfer of
3-15 governance, operation, management, and control of the Baylor
3-16 College of Dentistry to the board of regents of The Texas A&M
3-17 University System does not affect the credit hours earned by
3-18 students at the Baylor College of Dentistry before the effective
3-19 date of this Act.
3-20 SECTION 7. LEGISLATIVE INTENT. It is the intent of the
3-21 legislature that the effect of this Act is to transfer governance
3-22 of the existing Baylor College of Dentistry from the board of
3-23 trustees of the nonprofit corporation to the board of regents of
3-24 The Texas A&M University System. This Act does not create an
3-25 institution of higher education entitled to funds under Sections 17
4-1 and 18, Article VII, Texas Constitution. On and after the
4-2 effective date of the transfer, The Texas A&M University
4-3 System--Baylor College of Dentistry is not eligible to receive
4-4 funds under Section 17 or 18, Article VII, Texas Constitution.
4-5 SECTION 8. AMENDMENT. Chapter 87, Education Code, is
4-6 amended by adding Subchapter I to read as follows:
4-7 SUBCHAPTER I. THE TEXAS A&M UNIVERSITY SYSTEM--BAYLOR
4-8 COLLEGE OF DENTISTRY
4-9 Sec. 87.801. THE TEXAS A&M UNIVERSITY SYSTEM--BAYLOR COLLEGE
4-10 OF DENTISTRY. (a) The Texas A&M University System--Baylor College
4-11 of Dentistry is a component institution of The Texas A&M University
4-12 System under the management and control of the board of regents of
4-13 The Texas A&M University System.
4-14 (b) The board has the same powers and duties concerning The
4-15 Texas A&M University System--Baylor College of Dentistry as are
4-16 conferred on it by law concerning Texas A&M University.
4-17 Sec. 87.802. POWERS OF BOARD. (a) The board may:
4-18 (1) provide for the training and teaching of students
4-19 seeking to become:
4-20 (A) dentists;
4-21 (B) dental hygienists; or
4-22 (C) other technicians who provide services
4-23 related to the practice of dentistry;
4-24 (2) prescribe courses leading to degrees customarily
4-25 offered in other leading United States dental schools;
5-1 (3) award the degrees described by Subdivision (2);
5-2 (4) enter into an affiliation or coordinating
5-3 agreement with an entity if reasonably necessary or desirable for
5-4 the operation of a first class school of dentistry;
5-5 (5) make joint appointments in The Texas A&M
5-6 University System--Baylor College of Dentistry and another
5-7 institution within The Texas A&M University System; and
5-8 (6) adopt rules for the operation, control, and
5-9 management of the college, as necessary for the operation of a
5-10 first class school of dentistry, including rules governing the
5-11 number of students that may be admitted to any program at the
5-12 college.
5-13 (b) The salary of the person who receives a joint
5-14 appointment under Subsection (a)(5) must be apportioned among the
5-15 institutions to which the individual is appointed on the basis of
5-16 the services rendered.
5-17 SECTION 9. EMERGENCY. The importance of this legislation
5-18 and the crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended,
5-22 and that this Act take effect and be in force from and after its
5-23 passage, and it is so enacted.