By Harris, Rabuck H.B. No. 2495
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of the governance and operation of the
1-3 Baylor College of Dentistry, and the employment benefits, terms and
1-4 conditions of employment of its employees pursuant to Baylor
1-5 College of Dentistry becoming a part of The Texas A&M University
1-6 System.
1-7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-8 SECTION 1. TRANSFER OF GOVERNANCE. The Baylor College of
1-9 Dentistry, a Texas non-profit corporation, has agreed, by and
1-10 through its board of trustees, to transfer all right, title, and
1-11 interest in, and all governance authority concerning the college to
1-12 the State of Texas to be governed by the board of regents of The
1-13 Texas A&M University System. Such transfer is hereby accepted and
1-14 shall become effective as of September 1, 1996.
1-15 SECTION 2. POWERS AND DUTIES. The board of regents of The
1-16 Texas A&M University System shall undertake to govern, operate,
1-17 manage, and control the Baylor College of Dentistry and all land,
1-18 buildings, facilities, improvements, equipment, supplies, and
1-19 property belonging to and comprising that institution under the
1-20 powers, duties, and responsibilities conferred by law on the board
1-21 of regents of The Texas A&M University System for the governance,
1-22 operation, management, and control of component institutions
1-23 comprising that system.
2-1 SECTION 3. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts and
2-2 written obligations of every kind and character, including bonds,
2-3 entered into by the board of trustees of Baylor College of
2-4 Dentistry for and on behalf of Baylor College of Dentistry are
2-5 ratified, confirmed, and validated. In those contracts and written
2-6 obligations, including bonds, the board of regents of The Texas A&M
2-7 University System is substituted for and stands and acts in the
2-8 place of the board of trustees of Baylor College of Dentistry.
2-9 SECTION 4. EFFECT OF TRANSFER ON EMPLOYEES. For purposes of
2-10 employment benefits, all persons who are employees of the Baylor
2-11 College of Dentistry as of the effective date of this Act shall be
2-12 treated the same as all other new employees of The Texas A&M
2-13 University System except that they shall be given credit for all
2-14 prior years of service at Baylor College of Dentistry for the
2-15 purpose of annual leave accrual rates as state employees.
2-16 SECTION 5. CURRENT FUNDING. All funds which on the
2-17 effective date of this Act have been dedicated or appropriated for
2-18 the use and benefit of the Baylor College of Dentistry under the
2-19 governance of the board of trustees are transferred to the board of
2-20 regents of The Texas A&M University System for the use and benefit
2-21 of The Texas A&M University System-Baylor College of Dentistry.
2-22 SECTION 6. EFFECT OF TRANSFER ON STUDENTS. The transfer of
2-23 governance, operation, management, and control of The Texas A&M
2-24 University System-Baylor College of Dentistry to the board of
2-25 regents of The Texas A&M University System does not affect the
3-1 credit hours earned by students at the Baylor College of Dentistry
3-2 before the effective date of this Act.
3-3 SECTION 7. LEGISLATIVE INTENT. It is the express intent of
3-4 the legislature that the effect of this Act shall be to transfer
3-5 governance of the existing Baylor College of Dentistry from the
3-6 board of trustees of the non-profit corporation to the board of
3-7 regents of The Texas A&M University System, and that this Act does
3-8 not serve to create an institution of higher education as
3-9 contemplated by article VII, section 17, and article VII, section
3-10 18 of the Texas Constitution. From and after the effective date of
3-11 this Act, the Texas A&M University System-Baylor College of
3-12 Dentistry shall not be eligible to receive funds under either
3-13 article VII, section 17, or article VII, section 18 of the Texas
3-14 Constitution.
3-15 SECTION 8. Amendment. Chapter 87, Education Code, is
3-16 amended by adding Subchapter I to read as follows:
3-17 Subchapter I. The Texas A&M University System-Baylor
3-18 College of Dentistry
3-19 Section 87.801. COMPONENT INSTITUTION. (a) The Texas A&M
3-20 University System-Baylor College of Dentistry is a component
3-21 institution of The Texas A&M University System under the management
3-22 and control of the board of regents of The Texas A&M University
3-23 System.
3-24 (b) The board has the same powers and duties concerning The
3-25 Texas A&M University System-Baylor College of Dentistry as are
4-1 conferred on it by statute concerning Texas A&M University.
4-2 Section 87.802. TRAINING AND TEACHING. The board may
4-3 provide for the training and teaching of dental students, dental
4-4 technicians, and other technicians related to the practice of
4-5 dentistry.
4-6 Section 87.803. COURSES AND DEGREES; RULES AND REGULATIONS.
4-7 The board may prescribed courses leading to customary degrees
4-8 offered in other leading American dental schools, may award the
4-9 degrees, and may make other rules and regulations for the
4-10 operation, control, and management of the school, including the
4-11 determination of the number of students that shall be admitted to
4-12 any program, as may be necessary for the conduct of a professional
4-13 school of the first class.
4-14 Section 87.804. AFFILIATION AGREEMENTS. The board may
4-15 execute and carry out with any entity or institution affiliation or
4-16 coordinating agreements that are reasonably necessary or desirable
4-17 for the conduct and operation of a professional school of the first
4-18 class; and the board may make joint appointments in other
4-19 institutions under its governance. The salary of a person who
4-20 receives a joint appointment shall be apportioned to the appointing
4-21 institutions on the basis of services rendered.
4-22 SECTION 9. EMERGENCY. The importance of this legislation
4-23 and the crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
5-1 days in each house be suspended, and this rule is hereby suspended.