By Patterson S.B. No. 260
75R2040 CAG-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the transfer of the Texas Chiropractic College to The
1-3 Texas A&M University System.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. TRANSFER OF GOVERNANCE. The Texas Chiropractic
1-6 College, a Texas nonprofit corporation, including the organization,
1-7 control, management, and property of that institution, is
1-8 transferred to the board of regents of The Texas A&M University
1-9 System, if the governing boards of both the Texas Chiropractic
1-10 College and The Texas A&M University System agree to the transfer
1-11 not later than August 31, 1997. If both governing boards agree to
1-12 the transfer in the time provided, the transfer:
1-13 (1) is effective on September 1, 1997; and
1-14 (2) is governed by Sections 2 through 8 of this Act.
1-15 SECTION 2. NAME. If the transfer takes effect under Section
1-16 1 of this Act, the institution shall be known as The Texas A&M
1-17 University System--Texas A&M Chiropractic College--Pasadena.
1-18 SECTION 3. POWERS AND DUTIES; RULES AND POLICIES. (a) The
1-19 board of regents of The Texas A&M University System shall undertake
1-20 to govern, operate, manage, and control The Texas A&M University
1-21 System--Texas A&M Chiropractic College--Pasadena and all land,
1-22 buildings, facilities, improvements, equipment, supplies, or
1-23 property belonging to the institution. In governing, operating,
1-24 managing, or controlling the institution, the board of regents of
2-1 The Texas A&M University System may use any powers, duties, and
2-2 responsibilities conferred to the board.
2-3 (b) The Texas A&M University System--Texas A&M Chiropractic
2-4 College--Pasadena may continue to award degrees in the same
2-5 disciplines and of the same academic standing as the Texas
2-6 Chiropractic College, subject to the continuing review of the Texas
2-7 Higher Education Coordinating Board. A proposal for a new degree
2-8 program at the institution is subject to the same approval process
2-9 that applies to other state-supported institutions.
2-10 (c) The rules and policies adopted by the board of trustees
2-11 of the Texas Chiropractic College to govern that institution in
2-12 effect when the transfer takes effect are continued in effect until
2-13 adopted, repealed, or superseded by the board of regents of The
2-14 Texas A&M University System. The board of regents may adopt rules
2-15 and policies applicable to The Texas A&M University System--Texas
2-16 A&M Chiropractic College--Pasadena in anticipation of the transfer
2-17 authorized under this Act.
2-18 SECTION 4. CONTRACTS AND WRITTEN OBLIGATIONS. A contract or
2-19 other written obligation entered into by the board of trustees of
2-20 the Texas Chiropractic College for the benefit of or on behalf of
2-21 the college is ratified, confirmed, and validated. In each
2-22 contract or other written obligation entered into by the board of
2-23 trustees of the Texas Chiropractic College, the board of regents of
2-24 The Texas A&M University System is substituted for and stands in
2-25 the place of the board of trustees to the extent allowed under the
2-26 law or under the contract.
2-27 SECTION 5. EFFECT ON EMPLOYEES. For the purposes of
3-1 determining employment benefits, an employee of the Texas
3-2 Chiropractic College on the date of the transfer shall be treated
3-3 in the same manner as any other new employee of The Texas A&M
3-4 University System, except that an employee shall be given credit
3-5 for any years of service at the Texas Chiropractic College for the
3-6 purpose of accruing annual leave as a system or state employee.
3-7 SECTION 6. TRANSFER OF FUNDING. Any funds that, on the
3-8 effective date of the transfer, have been dedicated to or held for
3-9 the use and benefit of the Texas Chiropractic College are
3-10 transferred to the board of regents of The Texas A&M University
3-11 System for the use and benefit of The Texas A&M University System--
3-12 Texas A&M Chiropractic College--Pasadena.
3-13 SECTION 7. EFFECT ON STUDENTS. The transfer of the
3-14 governance, operation, management, and control of the Texas
3-15 Chiropractic College to the board of regents of The Texas A&M
3-16 University System does not affect the credit hours earned by a
3-17 student enrolled at the Texas Chiropractic College before the
3-18 effective date of the transfer under this Act.
3-19 SECTION 8. LEGISLATIVE INTENT. It is the intent of the
3-20 legislature that:
3-21 (1) the effect of this Act is to transfer the
3-22 governance of Texas Chiropractic College to the board of regents of
3-23 The Texas A&M University System;
3-24 (2) this Act does not create an institution of higher
3-25 education entitled to funds under Section 17 or 18, Article VII,
3-26 Texas Constitution; and
3-27 (3) on or after the effective date of this Act, The
4-1 Texas A&M University System--Texas Chiropractic College--Pasadena
4-2 is not eligible to receive funds under Section 17 or 18, Article
4-3 VII, Texas Constitution.
4-4 SECTION 9. AMENDMENT. On the date that the board of regents
4-5 of The Texas A&M University System certifies that The Texas A&M
4-6 University System has agreed to the transfer from the board of
4-7 trustees of the Texas Chiropractic College and has completed the
4-8 transfer under Section 1 of this Act, Chapter 87, Education Code,
4-9 is amended by adding Subchapter J to read as follows:
4-10 SUBCHAPTER J. THE TEXAS A&M UNIVERSITY SYSTEM--TEXAS
4-11 A&M CHIROPRACTIC COLLEGE--PASADENA
4-12 Sec. 87.821. THE TEXAS A&M UNIVERSITY SYSTEM--TEXAS A&M
4-13 CHIROPRACTIC COLLEGE--PASADENA. (a) The Texas A&M University
4-14 System--Texas A&M Chiropractic College--Pasadena is a component
4-15 institution of The Texas A&M University System under the management
4-16 and control of the board of regents of The Texas A&M University
4-17 System.
4-18 (b) The board has the same powers and duties concerning The
4-19 Texas A&M University System--Texas A&M Chiropractic
4-20 College--Pasadena as are conferred on it by law concerning Texas
4-21 A&M University.
4-22 Sec. 87.822. POWERS OF THE BOARD. (a) The board may:
4-23 (1) provide for the training and teaching of students
4-24 seeking to become:
4-25 (A) chiropractors; or
4-26 (B) other technicians who provide services
4-27 related to the practice of chiropractic medicine;
5-1 (2) prescribe courses leading to degrees customarily
5-2 offered in other leading United States chiropractic schools;
5-3 (3) award the degrees described by Subdivision (2);
5-4 (4) enter into an affiliation or coordinating
5-5 agreement with an entity if reasonably necessary or desirable for
5-6 the operation of a first-class school of chiropractic medicine;
5-7 (5) make joint appointments in The Texas A&M
5-8 University System--Texas A&M Chiropractic College--Pasadena and
5-9 another institution within The Texas A&M University System; and
5-10 (6) adopt rules for the operation, control, and
5-11 management of the college, as necessary for the operation of a
5-12 first-class school of chiropractic medicine, including rules
5-13 governing the number of students that may be admitted to any
5-14 program at the college.
5-15 (b) The salary of the person who receives a joint
5-16 appointment under Subsection (a)(5) must be apportioned among the
5-17 institutions to which the individual is appointed on the basis of
5-18 the services rendered.
5-19 SECTION 10. TRANSITION. As soon as practicable after the
5-20 date that the board of regents of The Texas A&M University System
5-21 certifies that The Texas A&M University System has agreed to and
5-22 completed the transfer under Section 1 of this Act, the board shall
5-23 publish notice of that action in the Texas Register.
5-24 SECTION 11. EMERGENCY. The importance of this legislation
5-25 and the crowded condition of the calendars in both houses create an
5-26 emergency and an imperative public necessity that the
5-27 constitutional rule requiring bills to be read on three several
6-1 days in each house be suspended, and this rule is hereby suspended,
6-2 and that this Act take effect and be in force from and after its
6-3 passage, and it is so enacted.