1-1 By: Harris, et al. (Senate Sponsor - Cain) H.B. No. 2495 1-2 (In the Senate - Received from the House April 28, 1995; 1-3 May 1, 1995, read first time and referred to Committee on 1-4 Education; May 10, 1995, reported favorably by the following vote: 1-5 Yeas 10, Nays 0; May 10, 1995, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the transfer of the Baylor College of Dentistry to The 1-9 Texas A&M University System. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. TRANSFER OF GOVERNANCE. The Baylor College of 1-12 Dentistry, a Texas nonprofit corporation, including the 1-13 organization, control, management, and property of that 1-14 institution, is transferred to the board of regents of The Texas 1-15 A&M University System if the board of trustees of the Baylor 1-16 College of Dentistry and the board of regents of The Texas A&M 1-17 University System agree to the transfer not later than August 31, 1-18 1996. If the boards agree to the transfer in the time provided, 1-19 the transfer is effective September 1, 1996, and is governed by 1-20 Sections 2 through 7 of this Act. When the transfer takes effect, 1-21 the institution shall be known as The Texas A&M University 1-22 System--Baylor College of Dentistry. 1-23 SECTION 2. POWERS AND DUTIES; RULES AND POLICIES. (a) The 1-24 board of regents of The Texas A&M University System shall undertake 1-25 to govern, operate, manage, and control The Texas A&M University 1-26 System--Baylor College of Dentistry and all land, buildings, 1-27 facilities, improvements, equipment, supplies, and property 1-28 belonging to and comprising that institution under the powers, 1-29 duties, and responsibilities conferred by law on the board of 1-30 regents of The Texas A&M University System for the governance, 1-31 operation, management, and control of component institutions 1-32 comprising that system. 1-33 (b) The Texas A&M University System--Baylor College of 1-34 Dentistry may continue to award degrees in the same disciplines and 1-35 of the same academic standing as the Baylor College of Dentistry. 1-36 New degree programs at the institution are subject to the approval 1-37 process applicable to other state-supported dental schools. 1-38 (c) Rules and policies adopted by the board of trustees of 1-39 the Baylor College of Dentistry to govern that institution that are 1-40 in effect when the transfer takes effect are continued in effect 1-41 until adopted, repealed, or superseded by the board of regents of 1-42 The Texas A&M University System. The board of regents may adopt 1-43 rules and policies applicable to The Texas A&M University 1-44 System--Baylor College of Dentistry in anticipation of the transfer 1-45 authorized by this Act. 1-46 SECTION 3. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts and 1-47 written obligations of every kind and character entered into by the 1-48 board of trustees of the Baylor College of Dentistry for and on 1-49 behalf of the Baylor College of Dentistry are ratified, confirmed, 1-50 and validated. In those contracts and written obligations, the 1-51 board of regents of The Texas A&M University System is substituted 1-52 for and stands and acts in the place of the board of trustees of 1-53 the Baylor College of Dentistry to the extent permitted by law. 1-54 SECTION 4. EFFECT OF TRANSFER ON EMPLOYEES. For purposes of 1-55 employment benefits, a person who is an employee of the Baylor 1-56 College of Dentistry as of the effective date of the transfer shall 1-57 be treated the same as any other new employee of The Texas A&M 1-58 University System except that each employee shall be given credit 1-59 for all prior years of service at the Baylor College of Dentistry 1-60 for the purpose of annual leave accrual rates as state employees. 1-61 SECTION 5. CURRENT FUNDING. All funds that, on the 1-62 effective date of the transfer, have been dedicated to or are held 1-63 for the use and benefit of the Baylor College of Dentistry under 1-64 the governance of the board of trustees are transferred to the 1-65 board of regents of The Texas A&M University System for the use and 1-66 benefit of The Texas A&M University System--Baylor College of 1-67 Dentistry. 1-68 SECTION 6. EFFECT OF TRANSFER ON STUDENTS. The transfer of 2-1 governance, operation, management, and control of the Baylor 2-2 College of Dentistry to the board of regents of The Texas A&M 2-3 University System does not affect the credit hours earned by 2-4 students at the Baylor College of Dentistry before the effective 2-5 date of this Act. 2-6 SECTION 7. LEGISLATIVE INTENT. It is the intent of the 2-7 legislature that the effect of this Act is to transfer governance 2-8 of the existing Baylor College of Dentistry from the board of 2-9 trustees of the nonprofit corporation to the board of regents of 2-10 The Texas A&M University System. This Act does not create an 2-11 institution of higher education entitled to funds under Sections 17 2-12 and 18, Article VII, Texas Constitution. On and after the 2-13 effective date of the transfer, The Texas A&M University 2-14 System--Baylor College of Dentistry is not eligible to receive 2-15 funds under Section 17 or 18, Article VII, Texas Constitution. 2-16 SECTION 8. AMENDMENT. Chapter 87, Education Code, is 2-17 amended by adding Subchapter I to read as follows: 2-18 SUBCHAPTER I. THE TEXAS A&M UNIVERSITY SYSTEM--BAYLOR 2-19 COLLEGE OF DENTISTRY 2-20 Sec. 87.801. THE TEXAS A&M UNIVERSITY SYSTEM--BAYLOR COLLEGE 2-21 OF DENTISTRY. (a) The Texas A&M University System--Baylor College 2-22 of Dentistry is a component institution of The Texas A&M University 2-23 System under the management and control of the board of regents of 2-24 The Texas A&M University System. 2-25 (b) The board has the same powers and duties concerning The 2-26 Texas A&M University System--Baylor College of Dentistry as are 2-27 conferred on it by law concerning Texas A&M University. 2-28 Sec. 87.802. POWERS OF BOARD. (a) The board may: 2-29 (1) provide for the training and teaching of students 2-30 seeking to become: 2-31 (A) dentists; 2-32 (B) dental hygienists; or 2-33 (C) other technicians who provide services 2-34 related to the practice of dentistry; 2-35 (2) prescribe courses leading to degrees customarily 2-36 offered in other leading United States dental schools; 2-37 (3) award the degrees described by Subdivision (2); 2-38 (4) enter into an affiliation or coordinating 2-39 agreement with an entity if reasonably necessary or desirable for 2-40 the operation of a first class school of dentistry; 2-41 (5) make joint appointments in The Texas A&M 2-42 University System--Baylor College of Dentistry and another 2-43 institution within The Texas A&M University System; and 2-44 (6) adopt rules for the operation, control, and 2-45 management of the college, as necessary for the operation of a 2-46 first class school of dentistry, including rules governing the 2-47 number of students that may be admitted to any program at the 2-48 college. 2-49 (b) The salary of the person who receives a joint 2-50 appointment under Subsection (a)(5) must be apportioned among the 2-51 institutions to which the individual is appointed on the basis of 2-52 the services rendered. 2-53 SECTION 9. EMERGENCY. The importance of this legislation 2-54 and the crowded condition of the calendars in both houses create an 2-55 emergency and an imperative public necessity that the 2-56 constitutional rule requiring bills to be read on three several 2-57 days in each house be suspended, and this rule is hereby suspended, 2-58 and that this Act take effect and be in force from and after its 2-59 passage, and it is so enacted. 2-60 * * * * *