1-1 By: Cain, Turner, Sibley S.B. No. 1298
1-2 (In the Senate - Filed March 10, 1995; March 20, 1995, read
1-3 first time and referred to Committee on Education; April 5, 1995,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 9, Nays 0; April 5, 1995, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1298 By: Zaffirini
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the transfer of the Baylor College of Dentistry to The
1-10 Texas A&M University System.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. TRANSFER OF GOVERNANCE. The Baylor College of
1-13 Dentistry, a Texas nonprofit corporation, including the
1-14 organization, control, management, and property of that
1-15 institution, is transferred to the board of regents of The Texas
1-16 A&M University System if the board of trustees of the Baylor
1-17 College of Dentistry and the board of regents of The Texas A&M
1-18 University System agree to the transfer not later than August 31,
1-19 1996. If the boards agree to the transfer in the time provided,
1-20 the transfer is effective September 1, 1996, and is governed by
1-21 Sections 2 through 7 of this Act. When the transfer takes effect,
1-22 the institution shall be known as The Texas A&M University
1-23 System--Baylor College of Dentistry.
1-24 SECTION 2. POWERS AND DUTIES; RULES AND POLICIES. (a) The
1-25 board of regents of The Texas A&M University System shall undertake
1-26 to govern, operate, manage, and control The Texas A&M University
1-27 System--Baylor College of Dentistry and all land, buildings,
1-28 facilities, improvements, equipment, supplies, and property
1-29 belonging to and comprising that institution under the powers,
1-30 duties, and responsibilities conferred by law on the board of
1-31 regents of The Texas A&M University System for the governance,
1-32 operation, management, and control of component institutions
1-33 comprising that system.
1-34 (b) The Texas A&M University System--Baylor College of
1-35 Dentistry may continue to award degrees in the same disciplines and
1-36 of the same academic standing as the Baylor College of Dentistry.
1-37 New degree programs at the institution are subject to the approval
1-38 process applicable to other state-supported dental schools.
1-39 (c) Rules and policies adopted by the board of trustees of
1-40 the Baylor College of Dentistry to govern that institution that are
1-41 in effect when the transfer takes effect are continued in effect
1-42 until adopted, repealed, or superseded by the board of regents of
1-43 The Texas A&M University System. The board of regents may adopt
1-44 rules and policies applicable to The Texas A&M University
1-45 System--Baylor College of Dentistry in anticipation of the transfer
1-46 authorized by this Act.
1-47 SECTION 3. CONTRACTS AND WRITTEN OBLIGATIONS. Contracts and
1-48 written obligations of every kind and character entered into by the
1-49 board of trustees of the Baylor College of Dentistry for and on
1-50 behalf of the Baylor College of Dentistry are ratified, confirmed,
1-51 and validated. In those contracts and written obligations, the
1-52 board of regents of The Texas A&M University System is substituted
1-53 for and stands and acts in the place of the board of trustees of
1-54 the Baylor College of Dentistry to the extent permitted by law.
1-55 SECTION 4. EFFECT OF TRANSFER ON EMPLOYEES. For purposes of
1-56 employment benefits, a person who is an employee of the Baylor
1-57 College of Dentistry as of the effective date of the transfer shall
1-58 be treated the same as any other new employee of The Texas A&M
1-59 University System except that each employee shall be given credit
1-60 for all prior years of service at the Baylor College of Dentistry
1-61 for the purpose of annual leave accrual rates as state employees.
1-62 SECTION 5. CURRENT FUNDING. All funds that, on the
1-63 effective date of the transfer, have been dedicated to or are held
1-64 for the use and benefit of the Baylor College of Dentistry under
1-65 the governance of the board of trustees are transferred to the
1-66 board of regents of The Texas A&M University System for the use and
1-67 benefit of The Texas A&M University System--Baylor College of
1-68 Dentistry.
2-1 SECTION 6. EFFECT OF TRANSFER ON STUDENTS. The transfer of
2-2 governance, operation, management, and control of the Baylor
2-3 College of Dentistry to the board of regents of The Texas A&M
2-4 University System does not affect the credit hours earned by
2-5 students at the Baylor College of Dentistry before the effective
2-6 date of this Act.
2-7 SECTION 7. LEGISLATIVE INTENT. It is the intent of the
2-8 legislature that the effect of this Act is to transfer governance
2-9 of the existing Baylor College of Dentistry from the board of
2-10 trustees of the nonprofit corporation to the board of regents of
2-11 The Texas A&M University System. This Act does not create an
2-12 institution of higher education entitled to funds under Sections 17
2-13 and 18, Article VII, Texas Constitution. On and after the
2-14 effective date of the transfer, The Texas A&M University
2-15 System--Baylor College of Dentistry is not eligible to receive
2-16 funds under Section 17 or 18, Article VII, Texas Constitution.
2-17 SECTION 8. AMENDMENT. Chapter 87, Education Code, is
2-18 amended by adding Subchapter I to read as follows:
2-19 SUBCHAPTER I. THE TEXAS A&M UNIVERSITY SYSTEM--BAYLOR
2-20 COLLEGE OF DENTISTRY
2-21 Sec. 87.801. THE TEXAS A&M UNIVERSITY SYSTEM--BAYLOR COLLEGE
2-22 OF DENTISTRY. (a) The Texas A&M University System--Baylor College
2-23 of Dentistry is a component institution of The Texas A&M University
2-24 System under the management and control of the board of regents of
2-25 The Texas A&M University System.
2-26 (b) The board has the same powers and duties concerning The
2-27 Texas A&M University System--Baylor College of Dentistry as are
2-28 conferred on it by law concerning Texas A&M University.
2-29 Sec. 87.802. POWERS OF BOARD. (a) The board may:
2-30 (1) provide for the training and teaching of students
2-31 seeking to become:
2-32 (A) dentists;
2-33 (B) dental hygienists; or
2-34 (C) other technicians who provide services
2-35 related to the practice of dentistry;
2-36 (2) prescribe courses leading to degrees customarily
2-37 offered in other leading United States dental schools;
2-38 (3) award the degrees described by Subdivision (2);
2-39 (4) enter into an affiliation or coordinating
2-40 agreement with an entity if reasonably necessary or desirable for
2-41 the operation of a first-class school of dentistry;
2-42 (5) make joint appointments in The Texas A&M
2-43 University System--Baylor College of Dentistry and another
2-44 institution within The Texas A&M University System; and
2-45 (6) adopt rules for the operation, control, and
2-46 management of the college, as necessary for the operation of a
2-47 first class school of dentistry, including rules governing the
2-48 number of students that may be admitted to any program at the
2-49 college.
2-50 (b) The salary of a person who receives a joint appointment
2-51 under Subsection (a)(5) must be apportioned among the institutions
2-52 to which the individual is appointed on the basis of the services
2-53 rendered.
2-54 SECTION 9. EMERGENCY. The importance of this legislation
2-55 and the crowded condition of the calendars in both houses create an
2-56 emergency and an imperative public necessity that the
2-57 constitutional rule requiring bills to be read on three several
2-58 days in each house be suspended, and this rule is hereby suspended,
2-59 and that this Act take effect and be in force from and after its
2-60 passage, and it is so enacted.
2-61 * * * * *