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.