By Jackson, Talton, Carter, Hernandez,                 H.B. No. 621

            Thompson, et al. 

         Substitute the following for H.B. No. 621:

         By Rangel                                          C.S.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 Texas Chiropractic College to the governing board of

4-25     the university system that entered into an agreement under Section

4-26     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 Texas Chiropractic College, operated

5-14     as a nonprofit corporation and transferred to this state pursuant

5-15     to an Act of the 75th Legislature, Regular Session, 1997, is a

5-16     component institution of higher education of the university system

5-17     to which the Texas Chiropractic College was transferred under that

5-18     Act and is under the management and control of the governing board

5-19     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.  TRANSITION.  As soon as practicable after the

6-21     date that the governing board of a university system certifies that

6-22     the university system has agreed to and completed the transfer

6-23     under Section 2 of this Act, the governing board shall publish

6-24     notice of 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.