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. 3-37 * * * * *