By Cain, et al. S.B. No. 1298
74R7753 DLF-F
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 board of trustees of
1-6 the Baylor College of Dentistry, a Texas nonprofit corporation, has
1-7 agreed to transfer all right, title, and interest in, and all
1-8 governance authority concerning, the college to the state to permit
1-9 the college to be governed by the board of regents of The Texas A&M
1-10 University System and to be operated as The Texas A&M University
1-11 System-Baylor College of Dentistry. The transfer is accepted and
1-12 becomes effective September 1, 1996.
1-13 SECTION 2. POWERS AND DUTIES. The board of regents of The
1-14 Texas A&M University System shall undertake to govern, operate,
1-15 manage, and control the Baylor College of Dentistry and all land,
1-16 buildings, facilities, improvements, equipment, supplies, and
1-17 property belonging to and comprising that institution under the
1-18 powers, duties, and responsibilities conferred by law on the board
1-19 of regents of The Texas A&M University System for the governance,
1-20 operation, management, and control of component institutions
1-21 comprising that system.
1-22 SECTION 3. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts and
1-23 written obligations of every kind and character, including bonds,
1-24 entered into by the board of trustees of the Baylor College of
2-1 Dentistry for and on behalf of the Baylor College of Dentistry are
2-2 ratified, confirmed, and validated. In those contracts and written
2-3 obligations, including bonds, the board of regents of The Texas A&M
2-4 University System is substituted for and stands and acts in the
2-5 place of the board of trustees of the Baylor College of Dentistry
2-6 to the extent permitted by law.
2-7 SECTION 4. EFFECT OF TRANSFER ON EMPLOYEES. For purposes of
2-8 employment benefits, a person who is an employee of the Baylor
2-9 College of Dentistry as of the effective date of the transfer shall
2-10 be treated the same as any other new employee of The Texas A&M
2-11 University System except that each employee shall be given credit
2-12 for all prior years of service at the Baylor College of Dentistry
2-13 for the purpose of annual leave accrual rates as state employees.
2-14 SECTION 5. CURRENT FUNDING. All funds that, on the
2-15 effective date of the transfer, have been dedicated to or are held
2-16 for the use and benefit of the Baylor College of Dentistry under
2-17 the governance of the board of trustees are transferred to the
2-18 board of regents of The Texas A&M University System for the use and
2-19 benefit of The Texas A&M University System-Baylor College of
2-20 Dentistry.
2-21 SECTION 6. EFFECT OF TRANSFER ON STUDENTS. The transfer of
2-22 governance, operation, management, and control of The Texas A&M
2-23 University System-Baylor College of Dentistry to the board of
2-24 regents of The Texas A&M University System does not affect the
2-25 credit hours earned by students at the Baylor College of Dentistry
2-26 before the effective date of this Act.
2-27 SECTION 7. LEGISLATIVE INTENT. It is the intent of the
3-1 legislature that the effect of this Act is to transfer governance
3-2 of the existing Baylor College of Dentistry from the board of
3-3 trustees of the nonprofit corporation to the board of regents of
3-4 The Texas A&M University System. This Act does not serve to create
3-5 an institution of higher education entitled to funds under Sections
3-6 17 and 18, Article VII, Texas Constitution. On and after the
3-7 effective date of the transfer, The Texas A&M University
3-8 System-Baylor College of Dentistry is not eligible to receive funds
3-9 under Section 17 or 18, Article VII, Texas Constitution.
3-10 SECTION 8. AMENDMENT. Chapter 87, Education Code, is
3-11 amended by adding Subchapter I to read as follows:
3-12 SUBCHAPTER I. THE TEXAS A&M UNIVERSITY SYSTEM-BAYLOR
3-13 COLLEGE OF DENTISTRY
3-14 Sec. 87.801. THE TEXAS A&M UNIVERSITY SYSTEM-BAYLOR COLLEGE
3-15 OF DENTISTRY. (a) The Texas A&M University System-Baylor College
3-16 of Dentistry is a component institution of The Texas A&M University
3-17 System under the management and control of the board of regents of
3-18 The Texas A&M University System.
3-19 (b) The board has the same powers and duties concerning The
3-20 Texas A&M University System-Baylor College of Dentistry as are
3-21 conferred on it by law concerning Texas A&M University.
3-22 Sec. 87.802. POWERS OF BOARD. (a) The board may:
3-23 (1) provide for the training and teaching of students
3-24 seeking to become:
3-25 (A) dentists;
3-26 (B) dental technicians; or
3-27 (C) other technicians who provide services
4-1 related to the practice of dentistry;
4-2 (2) prescribe courses leading to degrees customarily
4-3 offered in other leading United States dental schools;
4-4 (3) award the degrees described by Subdivision (2);
4-5 (4) enter into an affiliation or coordinating
4-6 agreement with an entity if reasonably necessary or desirable for
4-7 the operation of a first class school of dentistry;
4-8 (5) make joint appointments in The Texas A&M
4-9 University System-Baylor College of Dentistry and another
4-10 institution within The Texas A&M University System; and
4-11 (6) adopt rules for the operation, control, and
4-12 management of the college, as necessary for the operation of a
4-13 first class school of dentistry, including rules governing the
4-14 number of students that may be admitted to any program at the
4-15 college.
4-16 (b) The salary of the person who receives a joint
4-17 appointment under Subsection (a)(5) must be apportioned among the
4-18 institutions to which the individual is appointed on the basis of
4-19 the services rendered.
4-20 SECTION 9. EMERGENCY. The importance of this legislation
4-21 and the crowded condition of the calendars in both houses create an
4-22 emergency and an imperative public necessity that the
4-23 constitutional rule requiring bills to be read on three several
4-24 days in each house be suspended, and this rule is hereby suspended,
4-25 and that this Act take effect and be in force from and after its
4-26 passage, and it is so enacted.