MMA C.S.H.B. 2809 75(R)BILL ANALYSIS HIGHER EDUCATION C.S.H.B. 2809 By: Edwards 4-27-97 Committee Report (Substituted) BACKGROUND In 1973, the Texas Legislature enacted Subchapter J, Chapter 74, Education Code, which gives the Board of Regents of the University of Texas System (board) the authority to establish a school of podiatry, subject to certain conditions. To date, the board has not exercised this authority. However, over the years other institutions of higher education have expressed an interest in the establishment of a school of podiatry. PURPOSE C.S.H.B. 2809 authorizes certain institutions of higher education to establish and maintain podiatry schools. RULEMAKING AUTHORITY It is the committee's opinion that this bill does expressly grant additional rulemaking authority to the governing board of the designated university system in SECTION 2 (Sec. 115.003) of the measure. SECTION BY SECTION ANALYSIS SECTION 1. ESTABLISHMENT OF PODIATRY SCHOOL. (a) Mandates the Texas Higher Education Coordinating Board (THECB) to determine by August 31, 1998, if there is a compelling public need or state interest in establishing a podiatry school as a state institution. (b) Mandates THECB, upon determination of state need and interest, to determine the university system that is best suited to govern and provide policy direction to the podiatry school. (c) Mandates that the university system be designated by August 31, 1998. Establishes the podiatry school on September 1, 1998, contingent upon agreement by the selected governing board on or before August 31, 1998. SECTION 2. States that if a podiatry school is established Subtitle F, Title 3, Education Code is amended effective September 1, 1998 by adding Chapter 115 to read as follows: Chapter 115. PODIATRY SCHOOL Section 115.001. ESTABLISHMENT OF SCHOOL. (a) States that the podiatry school as established is a component institution of higher education of the designated university system and under the management and control of the aforementioned university system's governing board. (b) States that the governing board has the same powers and duties concerning the institution as it would for any other component. (c) Mandates the governing board to name the school. (d) Authorizes the governing board to provide for teaching and training of podiatry students and others who practice in this field. Section 115.002. COURSES AND DEGREES. Authorizes the governing board to: (1) prescribe courses leading to customary degrees offered in other podiatry schools; (2) award degrees. Section 115.003. RULES. Authorizes the governing board to adopt rules necessary for the conduct of the school, including rules prescribing the number of students admitted. Section 115.004. AFFILIATION AGREEMENTS; JOINT APPOINTMENTS. (a) Authorizes the governing board to enter into agreements with other entities if it is necessary or desirable for the conduct of a professional school. (b) Authorizes the governing board to make joint appointments in other component institutions. (c) Mandates that the salary of a joint appointee be apportioned among the appointing institutions on the basis of services rendered. Section 115.005. GIFTS AND GRANTS. Authorizes the governing board to accept and administer grants given for the benefit of the school. SECTION 3. TRANSITION. Requires that notice be published in the Texas Register after the establishment takes effect. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE H.B. 2809, as filed, gave authority to Texas A&M University System, University of North Texas and Texas Tech University to establish and maintain a podiatry school. C.S.H.B. 2809, instead, requires that THECB determine if a compelling state need and interest exists and if so designate a university system best suited to govern a podiatry school. C.S.H.B. 2809 also makes the establishment of a podiatry school contingent upon THECB's determinations which must be done by August 31, 1998. The designated governing board must agree to the establishment of a podiatry school by August 31, 1998. The podiatry school would be established on September 1, 1998 if all requirements are fulfilled.