By Jackson H.B. No. 621
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of the Texas Chiropractic College as
1-3 a public institution of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITIONS. In Sections 2 through 8 of this
1-6 Act:
1-7 (1) "Governing board," "institution of higher
1-8 education," and "university system" have the meanings assigned by
1-9 Section 61.003, Education Code.
1-10 (2) "New institution" means the institution of higher
1-11 education created as a result of the agreement between the
1-12 governing boards of the Texas Chiropractic College and a university
1-13 system under Section 2(c) of this Act.
1-14 SECTION 2. TRANSFER OF GOVERNANCE. (a) Not later than
1-15 August 31, 1998, the Texas Higher Education Coordinating Board
1-16 shall determine if there is a compelling public need or compelling
1-17 state interest in establishing Texas Chiropractic College,
1-18 currently a Texas nonprofit corporation, as an institution of
1-19 higher education.
1-20 (b) If the coordinating board determines that there is a
1-21 compelling public need or compelling state interest in establishing
1-22 Texas Chiropractic College as an institution of higher education,
1-23 the coordinating board shall determine the university system
1-24 governing board that is best suited to govern and provide policy
2-1 direction to the Texas Chiropractic College.
2-2 (c) The Texas Chiropractic College, including the
2-3 organization, management, control, and property of that
2-4 institution, is transferred to the governing board of the
2-5 university system selected by the coordinating board under
2-6 Subsection (b) of this section, if the board of trustees of the
2-7 Texas Chiropractic College and the governing board of the
2-8 university system both agree to the transfer and the coordinating
2-9 board approves the transfer not later than August 31, 1998. If
2-10 both governing boards agree to the transfer and the coordinating
2-11 board approves the transfer in the time provided, the transfer:
2-12 (1) is effective on September 1, 1998; and
2-13 (2) is governed by Sections 3 through 8 of this Act.
2-14 (d) If the transfer takes place under Subsection (c) of this
2-15 section, the name of the institution shall be determined by the
2-16 governing board of the university system subject to the approval of
2-17 the coordinating board.
2-18 SECTION 3. POWERS AND DUTIES; RULES AND POLICIES. (a) The
2-19 governing board of the university system to which the Texas
2-20 Chiropractic College is transferred under this Act shall undertake
2-21 to govern, operate, manage, and control the new institution and all
2-22 land, buildings, facilities, improvements, equipment, supplies, or
2-23 property belonging to the institution. In governing, operating,
2-24 managing, or controlling the institution, the governing board may
2-25 use any powers, duties, and responsibilities conferred to the
2-26 board.
2-27 (b) The new institution may continue to award degrees in the
3-1 same disciplines and of the same academic standing as the Texas
3-2 Chiropractic College, subject to the continuing review of the
3-3 coordinating board. A proposal for a new degree program at the
3-4 institution is subject to the same approval process that applies to
3-5 other state-supported institutions.
3-6 (c) The rules and policies adopted by the board of trustees
3-7 of the Texas Chiropractic College to govern that institution in
3-8 effect when the transfer takes effect are continued in effect until
3-9 adopted, repealed, or superseded by the governing board of the
3-10 university system to which the institution is transferred under
3-11 this Act. The governing board of the university system may adopt
3-12 rules and policies applicable to the new institution in
3-13 anticipation of the transfer authorized under this Act.
3-14 SECTION 4. CONTRACTS AND WRITTEN OBLIGATIONS. A contract or
3-15 other written obligation entered into by the board of trustees of
3-16 the Texas Chiropractic College for the benefit of or on behalf of
3-17 the college is ratified, confirmed, and validated. In each
3-18 contract or other written obligation entered into by the board of
3-19 trustees of the Texas Chiropractic College, the governing board of
3-20 the university system to which the institution is transferred under
3-21 this Act is substituted for and stands in the place of the board of
3-22 trustees to the extent allowed under the law or under the contract.
3-23 SECTION 5. EFFECT ON EMPLOYEES. For the purposes of
3-24 determining employment benefits, an employee of the Texas
3-25 Chiropractic College on the date of the transfer shall be treated
3-26 in the same manner as any other new employee of the university
3-27 system, except that an employee shall be given credit for any years
4-1 of service at the Texas Chiropractic College for the purpose of
4-2 accruing annual leave as a system or state employee.
4-3 SECTION 6. TRANSFER OF FUNDING. Any funds that, on the
4-4 effective date of the transfer, have been dedicated to or held for
4-5 the use and benefit of the Texas Chiropractic College are
4-6 transferred to the governing board of the university system to
4-7 which the institution is transferred under this Act for the use and
4-8 benefit of the new institution.
4-9 SECTION 7. EFFECT ON STUDENTS. (a) The transfer of the
4-10 governance, operation, management, and control of the Texas
4-11 Chiropractic College to the governing board of the university
4-12 system to which the institution is transferred under this Act does
4-13 not affect the credit hours earned by a student enrolled at the
4-14 Texas Chiropractic College before the effective date of the
4-15 transfer under this Act.
4-16 (b) The tuition rate charged by the Texas Chiropractic
4-17 College on January 1, 1997, remains in effect following the
4-18 transfer of the institution under Section 2 of this Act. The
4-19 tuition rate may not be decreased and is subject to annual
4-20 increases by the governing board of the university system.
4-21 SECTION 8. LEGISLATIVE INTENT. It is the intent of the
4-22 legislature that:
4-23 (1) the effect of this Act is to transfer the
4-24 governance of the Texas Chiropractic College to the governing board
4-25 of the university system that entered into an agreement under
4-26 Section 2(c) of this Act;
4-27 (2) this Act does not create an institution of higher
5-1 education entitled to funds under Section 17 or 18, Article VII,
5-2 Texas Constitution; and
5-3 (3) on or after the effective date of this Act, the
5-4 new institution is not eligible to receive funds under Section 17
5-5 or 18, Article VII, Texas Constitution.
5-6 SECTION 9. AMENDMENT. If a transfer of the Texas
5-7 Chiropractic College to a university system is agreed to and
5-8 approved under Section 2 of this Act, Subtitle F, Title 3,
5-9 Education Code, is amended, effective on September 1, 1998, by
5-10 adding Chapter 114 to read as follows:
5-11 CHAPTER 114. CHIROPRACTIC COLLEGE
5-12 Sec. 114.001. CHIROPRACTIC COLLEGE. (a) The chiropractic
5-13 college formerly constituting the Texas Chiropractic College,
5-14 operated as a nonprofit corporation and transferred to this state
5-15 pursuant to an Act of the 75th Legislature, Regular Session, 1997,
5-16 is a component institution of higher education of the university
5-17 system to which the Texas Chiropractic College was transferred
5-18 under that Act and is under the management and control of the
5-19 governing board of that university system.
5-20 (b) The governing board has the same powers and duties
5-21 concerning the institution as are conferred on it by law concerning
5-22 any component institution of the university system.
5-23 Sec. 114.002. POWERS OF THE BOARD. (a) The governing board
5-24 may:
5-25 (1) provide for the training and teaching of students
5-26 seeking to become:
5-27 (A) chiropractors; or
6-1 (B) other technicians who provide services
6-2 related to the practice of chiropractic medicine;
6-3 (2) prescribe courses leading to degrees customarily
6-4 offered in other leading United States chiropractic schools;
6-5 (3) award the degrees described by Subdivision (2);
6-6 (4) enter into an affiliation or coordinating
6-7 agreement with an entity if reasonably necessary or desirable for
6-8 the operation of a first-class school of chiropractic medicine;
6-9 (5) make joint appointments in the institution and
6-10 another institution within the university system; and
6-11 (6) adopt rules for the operation, control, and
6-12 management of the institution as necessary for the operation of a
6-13 first-class school of chiropractic medicine, including rules
6-14 governing the number of students that may be admitted to any
6-15 program at the institution.
6-16 (b) The salary of a person who receives a joint appointment
6-17 under Subsection (a)(5) must be apportioned among the institutions
6-18 to which the individual is appointed on the basis of the services
6-19 rendered.
6-20 SECTION 10. NOTICE. As soon as practicable after the date
6-21 that the governing board of a university system certifies that the
6-22 university system has agreed to and completed the transfer under
6-23 Section 2 of this Act, the governing board shall publish notice of
6-24 that action in the Texas Register.
6-25 SECTION 11. EMERGENCY. The importance of this legislation
6-26 and the crowded condition of the calendars in both houses create an
6-27 emergency and an imperative public necessity that the
7-1 constitutional rule requiring bills to be read on three several
7-2 days in each house be suspended, and this rule is hereby suspended,
7-3 and that this Act take effect and be in force from and after its
7-4 passage, and it is so enacted.