75R12242 CAG-F                           

         By Edwards                                            H.B. No. 2809

         Substitute the following for H.B. No. 2809:

         By Kamel                                          C.S.H.B. No. 2809

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the establishment of a state podiatry school.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  ESTABLISHMENT OF PODIATRY SCHOOL.  (a)  Not later

 1-5     than August 31, 1998, the Texas Higher Education Coordinating Board

 1-6     shall determine if there is a compelling public need or compelling

 1-7     state interest in establishing a podiatry school in this state as

 1-8     an institution of higher education.

 1-9           (b)  If the coordinating board determines that there is a

1-10     compelling public need or compelling state interest in establishing

1-11     a podiatry school, the coordinating board shall determine the

1-12     university system governing board that is best suited to govern and

1-13     provide policy direction to the podiatry school.

1-14           (c)  The coordinating board shall make the determinations

1-15     under Subsection (b) not later than August 31, 1998.  If the

1-16     governing board selected by the coordinating board agrees to the

1-17     establishment on or before that date, the podiatry school is

1-18     established on September 1, 1998.

1-19           SECTION 2.  If a podiatry school is established under Section

1-20     1 of this Act, Subtitle F, Title 3, Education Code, is amended

1-21     effective September 1, 1998, by adding Chapter 115 to read as

1-22     follows:

1-23                        CHAPTER 115.  PODIATRY SCHOOL

1-24           Sec. 115.001.  ESTABLISHMENT OF SCHOOL.  (a)   The podiatry

 2-1     school established pursuant to an Act of the 75th Legislature,

 2-2     Regular Session, 1997, is a component institution of higher

 2-3     education of the university system to which the podiatry school was

 2-4     assigned under that Act and is under the management and control of

 2-5     the governing board of that university system.

 2-6           (b)  The governing board has the same powers and duties

 2-7     concerning the institution as are conferred on it by law concerning

 2-8     any component institution of the university system.

 2-9           (c)  The governing board shall designate the name of the

2-10     school.

2-11           (d)  The governing board may provide for the teaching and

2-12     training of podiatry students, podiatry technicians, and other

2-13     technicians in the practice of podiatry.

2-14           Sec. 115.002.  COURSES AND DEGREES.  The governing board may:

2-15                 (1)  prescribe courses leading to customary degrees

2-16     offered in other leading American podiatry schools; and

2-17                 (2)  award those degrees.

2-18           Sec. 115.003.  RULES.  The governing board may adopt rules

2-19     for the conduct of the school that are necessary for the conduct of

2-20     a professional school of the first class, including a rule

2-21     prescribing the number of students to be admitted to a

2-22     degree-granting program.

2-23           Sec. 115.004.  AFFILIATION AGREEMENTS; JOINT APPOINTMENTS.

2-24     (a)  The governing board may enter into an affiliation or

2-25     coordination agreement with another entity or institution if the

2-26     agreement is reasonably necessary or desirable for the conduct of a

2-27     professional school of the first class.

 3-1           (b)  The governing board may make joint appointments in other

 3-2     institutions under its governance.

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

 3-4     shall be apportioned to the appointing institutions on the basis of

 3-5     services rendered.

 3-6           Sec. 115.005.  GIFTS AND GRANTS.  The governing board may

 3-7     accept and administer on terms it considers satisfactory a gift or

 3-8     grant of money or property for the benefit of the school.

 3-9           SECTION 3.  TRANSITION.  As soon as practicable after the

3-10     date that the governing board of a university system certifies that

3-11     the university system has agreed to the establishment of a podiatry

3-12     school as an institution under the governing board's management and

3-13     control under Section 1 of this Act, the governing board shall

3-14     publish notice of that action in the Texas Register.

3-15           SECTION 4.  The importance of this legislation and the

3-16     crowded condition of the calendars in both houses create an

3-17     emergency and an imperative public necessity that the

3-18     constitutional rule requiring bills to be read on three several

3-19     days in each house be suspended, and this rule is hereby suspended,

3-20     and that this Act take effect and be in force from and after its

3-21     passage, and it is so enacted.