H.B. No. 2495 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that institution that are 2-11 in effect when the transfer takes effect are continued in effect 2-12 until adopted, repealed, or superseded by the board of regents of 2-13 The Texas A&M University System.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.