MMA C.S.H.B. 621 75(R)BILL ANALYSIS HIGHER EDUCATION C.S.H.B. 621 By: Jackson 3-29-97 Committee Report (Substituted) BACKGROUND 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 C.S.H.B. 621 would allow the Texas Chiropractic College (TCC) to become a public institution of higher education with the approval of the Texas Higher Education Coordinating Board (THECB), the governing board of the university system selected by THECB and the board of trustees of the Texas Chiropractic College by August 31, 1998. RULEMAKING AUTHORITY It is the committee's opinion that this bill does expressly grant additional rulemaking authority to the governing board of the selected university system in SECTION 3 [Subsection (c)] and in SECTION 9 [Sec. 114.002, Subsection (6)]. SECTION BY SECTION ANALYSIS SECTION 1. DEFINITIONS. Defines "governing board" and "new institution." SECTION 2. TRANSFER OF GOVERNANCE. (a) Mandates THECB to determine if there is a compelling public need or state interest in establishing TCC as a public institution by August 31, 1998. (b) Requires the THECB, contingent upon Subsection (a), to determine a university system best suited to govern TCC. (c) Transfers TCC governance to the governing board of the university system selected by THECB if the board of trustees of TCC, the governing board of the university system and THECB agree to do so by August 31, 1998. Makes September 1, 1998, the effective date of the transfer, if all parties agree within the time provided and makes the transfer governed by Sections 3-8 of this Act. (d) If the transfer takes place the name of the institution will be determined by the governing board of the university system subject to the approval of THECB. SECTION 3. POWERS AND DUTIES; RULES AND POLICIES. (a) States that the governing board of the selected university system shall govern, operate, manage and control the new TCC and all its assets. (b) Allows the new TCC to continue to award degrees as prior to the transfer, subject to continuing review of THECB. New programs must follow the same approval process as other state-supported institutions. (c) Allows for the rules and policies already in place by the board of trustees of TCC to be in effect until adopted, repealed or superseded by the governing board of the selected university system. Grants rulemaking authority to the governing board of the selected university system in anticipation of the transfer of TCC. SECTION 4. CONTRACTS AND WRITTEN OBLIGATIONS. Contains standard provision stating that contracts and written obligations will be transferred to the governing board of the selected university system. SECTION 5. EFFECT ON EMPLOYEES. Contains standard provision stating that an employee of TCC on the date of the transfer shall be treated in the same manner as any other new employee of the selected university system, and shall receive credit for prior service at TCC. SECTION 6. TRANSFER OF FUNDING. Contains standard provision stating that funds shall be transferred to the governing board of the selected university system for use by the new TCC. SECTION 7. EFFECT ON STUDENTS. Contains standard provision stating that the transfer does not affect student credit hours earned prior to the effective date of this Act. Also, states that the tuition charge by the TCC will remain in effect and may not be decreased and is subject ot annual increases by the governing board of the selected university system. SECTION 8. LEGISLATIVE INTENT. States that the effect of this Act is to transfer governance of TCC to the governing board of the selected university system. This Act does not create an institution entitled to funds under Section 17 or 18, Article VII, Texas Constitution and on or after this Act takes effect, the new TCC is not eligible for the funds under Section 17 or 18, Article VII, Texas Constitution. SECTION 9. AMENDMENT. On the date the transfer is completed, Subtitle F, Title 3, Education Code, is amended by adding Chapter 114 to read as follows: CHAPTER 114. CHIROPRACTIC COLLEGE. Sec. 114.001. CHIROPRACTIC COLLEGE. (a) States that the new TCC is a component of and under the governance of the governing board of the selected university system. (b) States that the governing board has the same powers and duties concerning the new TCC as conferred by law concerning any component of the selected university system. Sec. 114.002. POWERS OF THE BOARD. (a) Allows the governing board of the selected university system to: (1) provide for the training and teaching of students seeking to become chiropractors or other technicians who provide services related to the practice of chiropractic medicine; (2) prescribe courses leading to degrees customarily offered in other leading United States chiropractic schools; (3) award the degrees described by subdivision (2); (4) enter into an affiliation or coordinating agreement with an entity if reasonably necessary or desirable for the operation of a first-class school of chiropractic medicine; (5) make joint appointments in the institution and another institution within the university system; (6) adopt rules for the operation, control, and management of the institution, including rules governing the number of students admitted. (b) Salaries of joint appointees under subsection (a)(5) must be apportioned between the institutions to which the individual is appointed, based on services rendered. SECTION 10. TRANSITION. Requires the governing board of the selected university system to publish notice upon agreement and completion of the transfer in the Texas Register. SECTION 11. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE Instead of transferring TCC to Texas A&M University System, as proposed in the original measure, C.S.H.B. 621 requests that THECB, upon determination that there is a compelling public need and state interest, review which university system would be best suited for such a transfer. C.S.H.B. 621 requires that THECB approve the transfer by August 31, 1998 and would not be effective until September 1, 1998.