SRC-AAA H.B. 621 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 621
By: Jackson (Patterson)
Finance
5-7-97
Engrossed


DIGEST 

Texas Chiropractic College is a private, nonprofit, professional
institution of higher education. Currently, it is accredited by the
Council for Chiropractic Education Commission on Accreditation. There are
certified chiropractors in 180 counties across the state of Texas.  The
Texas Chiropractic College is seeking affiliation with a state accredited
university and would be the first such affiliation in the United States.
Chiropractic education is the only health care profession that is not part
of a university system.

PURPOSE

As proposed, H.B. 621 allows the Texas Chiropractic College (college) to
become a public institution of higher education with the approval of the
Texas Higher Education Coordinating Board (coordinating board), the
governing board of the university system selected by the coordinating
board and the board of trustees of the college by August 31, 1998.

RULEMAKING AUTHORITY

Rulemaking authority is granted to the governing board of the university
system selected by the Texas Higher Education Coordinating Board in
SECTION 9 (Section 114.002(a)(6)) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. DEFINITIONS. Defines "governing board," "institution of higher
education," "university system," and "new institution." 

SECTION 2. TRANSFER OF GOVERNANCE.  Requires the Texas Higher Education
Coordinating Board (coordinating board), no later than August 31, 1998, to
determine if there is a compelling public need or compelling state
interest in establishing Texas Chiropractic College (college), as an
institution of higher education. Sets forth requirements for transferring
the college to the governing board of the university system selected by
the coordinating board. 

SECTION 3. POWERS AND DUTIES; RULES AND POLICIES.  Sets forth powers,
duties, rules, and policies of the college after the transfer.  

SECTION 4. CONTRACTS AND WRITTEN OBLIGATIONS.  Provides that a contract or
other written obligation entered into by the board of trustees of the
college for the benefit of or on behalf of the college is ratified,
confirmed, and validated.  Provides that in contracts entered into by the
board of trustees of the college, the governing board of the university
system to which the college is transferred is substituted for and stands
in the place of the board of trustees of the college.  

SECTION 5. EFFECT ON EMPLOYEES.  Sets forth the effects of the transfer on
employees. 

SECTION 6. TRANSFER OF FUNDING. Provides that funds of the college on the
effective date of the transfer are transferred to the governing board of
the university system to which the college is transferred. 

SECTION 7. EFFECT ON STUDENTS. Sets forth the effect of the transfer on
students. 

 SECTION 8. LEGISLATIVE INTENT.  Sets forth the intent of the legislature.

SECTION 9. AMENDMENT. Provides that if a transfer is approved under
SECTION 2 of this Act, Title 3F, Education Code, is amended on September
1, 1998, by adding Chapter 114, as follows: 

CHAPTER 114. CHIROPRACTIC COLLEGE

Sec. 114.001. CHIROPRACTIC COLLEGE. Provides that the chiropractic college
constituting the Texas Chiropractic College, operated as a nonprofit
corporation and transferred to this state by an Act of the 75th
Legislature, Regular Session, 1997, is a component institution of the
university system to which the college was transferred and, under the
management of the governing board of that system. Provides that the
governing board has the same powers and duties concerning the college as
are conferred on it by law concerning any component institution of the
university system. 

Sec. 114.002. POWERS OF THE BOARD. Sets forth the powers of the governing
board. Requires certain salaries to be apportioned among certain
institutions. 

SECTION 10. NOTICE. Requires the governing board to publish notice of
transfer in the Texas Register. 

SECTION 11. Emergency clause.
  Effective date: upon passage.