1-1     By:  Jackson (Senate Sponsor - Patterson)              H.B. No. 621

 1-2           (In the Senate - Received from the House April 18, 1997;

 1-3     April 22, 1997, read first time and referred to Committee on

 1-4     Finance; May 9, 1997, reported favorably by the following vote:

 1-5     Yeas 11, Nays 0; May 9, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the establishment of the Texas Chiropractic College as

 1-9     a public institution of higher education.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  DEFINITIONS.  In Sections 2 through 8 of this

1-12     Act:

1-13                 (1)  "Governing board," "institution of higher

1-14     education," and "university system" have the meanings assigned by

1-15     Section 61.003, Education Code.

1-16                 (2)  "New institution" means the institution of higher

1-17     education created as a result of the agreement between the

1-18     governing boards of the Texas Chiropractic College and a university

1-19     system under Section 2(c) of this Act.

1-20           SECTION 2.  TRANSFER OF GOVERNANCE.  (a)  Not later than

1-21     August 31, 1998, the Texas Higher Education Coordinating Board

1-22     shall determine if there is a compelling public need or compelling

1-23     state interest in establishing Texas Chiropractic College,

1-24     currently a Texas nonprofit corporation, as an institution of

1-25     higher education.

1-26           (b)  If the coordinating board determines that there is a

1-27     compelling public need or compelling state interest in establishing

1-28     Texas Chiropractic College as an institution of higher education,

1-29     the coordinating board shall determine the university system

1-30     governing board that is best suited to govern and provide policy

1-31     direction to the Texas Chiropractic College.

1-32           (c)  The Texas Chiropractic College, including the

1-33     organization, management, control, and property of that

1-34     institution, is transferred to the governing board of the

1-35     university system selected by the coordinating board under

1-36     Subsection (b) of this section, if the board of trustees of the

1-37     Texas Chiropractic College and the governing board of the

1-38     university system both agree to the transfer and the coordinating

1-39     board approves the transfer not later than August 31, 1998.  If

1-40     both governing boards agree to the transfer and the coordinating

1-41     board approves the transfer in the time provided, the transfer:

1-42                 (1)  is effective on September 1, 1998; and

1-43                 (2)  is governed by Sections 3 through 8 of this Act.

1-44           (d)  If the transfer takes place under Subsection (c) of this

1-45     section, the name of the institution shall be determined by the

1-46     governing board of the university system subject to the approval of

1-47     the coordinating board.

1-48           SECTION 3.  POWERS AND DUTIES; RULES AND POLICIES.  (a)  The

1-49     governing board of the university system to which the Texas

1-50     Chiropractic College is transferred under this Act shall undertake

1-51     to govern, operate, manage, and control the new institution and all

1-52     land, buildings, facilities, improvements, equipment, supplies, or

1-53     property belonging to the institution.  In governing, operating,

1-54     managing, or controlling the institution, the governing board may

1-55     use any powers, duties, and responsibilities conferred to the

1-56     board.

1-57           (b)  The new institution may continue to award degrees in the

1-58     same disciplines and of the same academic standing as the Texas

1-59     Chiropractic College, subject to the continuing review of the

1-60     coordinating board.  A proposal for a new degree program at the

1-61     institution is subject to the same approval process that applies to

1-62     other state-supported institutions.

1-63           (c)  The rules and policies adopted by the board of trustees

1-64     of the Texas Chiropractic College to govern that institution in

 2-1     effect when the transfer takes effect are continued in effect until

 2-2     adopted, repealed, or superseded by the governing board of the

 2-3     university system to which the institution is transferred under

 2-4     this Act.  The governing board of the university system may adopt

 2-5     rules and policies applicable to the new institution in

 2-6     anticipation of the transfer authorized under this Act.

 2-7           SECTION 4.  CONTRACTS AND WRITTEN OBLIGATIONS.  A contract or

 2-8     other written obligation entered into by the board of trustees of

 2-9     the Texas Chiropractic College for the benefit of or on behalf of

2-10     the college is ratified, confirmed, and validated.  In each

2-11     contract or other written obligation entered into by the board of

2-12     trustees of the Texas Chiropractic College, the governing board of

2-13     the university system to which the institution is transferred under

2-14     this Act is substituted for and stands in the place of the board of

2-15     trustees to the extent allowed under the law or under the contract.

2-16           SECTION 5.  EFFECT ON EMPLOYEES.  For the purposes of

2-17     determining employment benefits, an employee of the Texas

2-18     Chiropractic College on the date of the transfer shall be treated

2-19     in the same manner as any other new employee of the university

2-20     system, except that an employee shall be given credit for any years

2-21     of service at the Texas Chiropractic College for the purpose of

2-22     accruing annual leave as a system or state employee.

2-23           SECTION 6.  TRANSFER OF FUNDING.  Any funds that, on the

2-24     effective date of the transfer, have been dedicated to or held for

2-25     the use and benefit of the Texas Chiropractic College are

2-26     transferred to the governing board of the university system to

2-27     which the institution is transferred under this Act for the use and

2-28     benefit of the new institution.

2-29           SECTION 7.  EFFECT ON STUDENTS.  (a)  The transfer of the

2-30     governance, operation, management, and control of the Texas

2-31     Chiropractic College to the governing board of the university

2-32     system to which the institution is transferred under this Act does

2-33     not affect the credit hours earned by a student enrolled at the

2-34     Texas Chiropractic College before the effective date of the

2-35     transfer under this Act.

2-36           (b)  The tuition rate charged by the Texas Chiropractic

2-37     College on January 1, 1997, remains in effect following the

2-38     transfer of the institution under Section 2 of this Act.  The

2-39     tuition rate may not be decreased and is subject to annual

2-40     increases by the governing board of the university system.

2-41           SECTION 8.  LEGISLATIVE INTENT.  It is the intent of the

2-42     legislature that:

2-43                 (1)  the effect of this Act is to transfer the

2-44     governance of the Texas Chiropractic College to the governing board

2-45     of the university system that entered into an agreement under

2-46     Section 2(c) of this Act;

2-47                 (2)  this Act does not create an institution of higher

2-48     education entitled to funds under Section 17 or 18, Article VII,

2-49     Texas Constitution; and

2-50                 (3)  on or after the effective date of this Act, the

2-51     new institution is not eligible to receive funds under Section 17

2-52     or 18, Article VII, Texas Constitution.

2-53           SECTION 9.  AMENDMENT.  If a transfer of the Texas

2-54     Chiropractic College to a university system is agreed to and

2-55     approved under Section 2 of this Act, Subtitle F, Title 3,

2-56     Education Code, is amended, effective on September 1, 1998, by

2-57     adding Chapter 114 to read as follows:

2-58                     CHAPTER 114.  CHIROPRACTIC COLLEGE

2-59           Sec. 114.001.  CHIROPRACTIC COLLEGE.  (a)  The chiropractic

2-60     college formerly constituting the Texas Chiropractic College,

2-61     operated as a nonprofit corporation and transferred to this state

2-62     pursuant to an Act of the 75th Legislature, Regular Session, 1997,

2-63     is a component institution of higher education of the university

2-64     system to which the Texas Chiropractic College was transferred

2-65     under that Act and is under the management and control of the

2-66     governing board of that university system.

2-67           (b)  The governing board has the same powers and duties

2-68     concerning the institution as are conferred on it by law concerning

2-69     any component institution of the university system.

 3-1           Sec. 114.002.  POWERS OF THE BOARD.  (a)  The governing board

 3-2     may:

 3-3                 (1)  provide for the training and teaching of students

 3-4     seeking to become:

 3-5                       (A)  chiropractors; or

 3-6                       (B)  other technicians who provide services

 3-7     related to the practice of chiropractic medicine;

 3-8                 (2)  prescribe courses leading to degrees customarily

 3-9     offered in other leading United States chiropractic schools;

3-10                 (3)  award the degrees described by Subdivision (2);

3-11                 (4)  enter into an affiliation or coordinating

3-12     agreement with an entity if reasonably necessary or desirable for

3-13     the operation of a first-class school of chiropractic medicine;

3-14                 (5)  make joint appointments in the institution and

3-15     another institution within the university system; and

3-16                 (6)  adopt rules for the operation, control, and

3-17     management of the institution as necessary for the operation of a

3-18     first-class school of chiropractic medicine, including rules

3-19     governing the number of students that may be admitted to any

3-20     program at the institution.

3-21           (b)  The salary of a person who receives a joint appointment

3-22     under Subsection (a)(5) must be apportioned among the institutions

3-23     to which the individual is appointed on the basis of the services

3-24     rendered.

3-25           SECTION 10.  NOTICE.  As soon as practicable after the date

3-26     that the governing board of a university system certifies that the

3-27     university system has agreed to and completed the transfer under

3-28     Section 2 of this Act, the governing board shall publish notice of

3-29     that action in the Texas Register.

3-30           SECTION 11.  EMERGENCY.  The importance of this legislation

3-31     and the crowded condition of the calendars in both houses create an

3-32     emergency and an imperative public necessity that the

3-33     constitutional rule requiring bills to be read on three several

3-34     days in each house be suspended, and this rule is hereby suspended,

3-35     and that this Act take effect and be in force from and after its

3-36     passage, and it is so enacted.

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