SRC-ARR C.S.H.B. 2025 76(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2025
76R12568 CAG-DBy: Pickett (Shapleigh)
Border Affairs - Special
4/29/1999
Committee Report (Substituted)


DIGEST 

Currently, Texas law does not provide for a Border Health Institute.
C.S.H.B. 2025 establishes the Border Health Institute in El Paso, Texas,
and sets forth the participating institutions and entities that will have
representation on the institute's governing board. The purpose of the
institute is to deliver health care or provide health education to persons
living in the border region and conduct research in fields of study
affecting public health in the boarder region. 

PURPOSE

As proposed, C.S.H.B. 2025 establishes the Border Health Institute.

RULEMAKING AUTHORITY

Rulemaking authority is granted to the governing board of the Border Health
Institute in SECTION 1 (Section 151.004(b), Education Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 3H, Education Code, by adding Chapter 151, as
follows: 

CHAPTER 151. BORDER HEALTH INSTITUTE

 Sec. 151.001. DEFINITION. Defines "institute."

Sec. 151.002. ESTABLISHMENT; PURPOSE. Provides that the Border Health
Institute (institute) is established in the city of El Paso. Requires the
institute to operate in a manner that facilitates and assists the
activities of international, national, regional, or local healthrelated
institutions working in the Texas-Mexico border region to provide certain
services. 

Sec. 151.003. INSTITUTE MEMBERSHIP. Provides that the institute is composed
of certain institutions. Authorizes the governing board of the institute
(board) to adopt certain procedures. 

Sec. 151.004. ADMINISTRATION. Provides that the governing body of the
institute is composed of the chief executive officer of each entity that is
a member of the institute or the officer's designee. Provides that the
board of the institute is responsible for the operation of the institute.
Requires the board to adopt certain rules. Authorizes the board to employ
an executive director of the institute and any other officer or employee
necessary for the operation of the institute. Requires the board to meet,
at least once a year, to review the progress of the institute and to
determine the institute's future actions and operational plans. 

Sec. 151.005. FUNDING. Authorizes the institute, in addition to any amount
appropriated by the legislature, to apply for and accept funds from the
federal government or any other public or private entity. Authorizes the
institute or any member of the institute to also solicit and accept
pledges, gifts, and endowments from private sources on the institute's
behalf. Requires a pledge, gift, or endowment solicited under this section
to be consistent with the purpose of the institute. Requires the board to
manage and approve disbursements of certain funds and endowments that are
the property of the institute, capital improvements  constructed and owned
or leased by the institute, and any real property acquired by the
institute. 

Sec. 151.006. FACILITIES. Sets forth the requirements for the physical
facilities of the institute. 

Sec. 151.007. RESOURCES. Provides that resources, capital, and real estate
of the institute are separate from the resources, capital, and real estate
of the members of the institute. Requires a member of the institute to
retain any assets or funds received by the member from the federal
government or from any other public or private entity. 

Sec. 151.008. ANNUAL REPORTING. Requires the institute, each year,  to
provide to each member of the board of the institute an annual audited
financial statement and a status report of each project undertaken by the
institute. 

Sec. 151.009. COORDINATING BOARD OVERSIGHT. Provides that the institute is
subject to the oversight of the Texas Higher Education Coordinating Board
(coordinating board) under Chapter 61 and the rules of the coordinating
board adopted under Chapter 61 remain subject to that supervision and those
rules as those institutions participate in the institute and its
activities. 

SECTION 2. Requires the coordinating board, not later than January 1, 2001,
to prepare an impact statement examining the initial implementation of this
Act and to deliver a copy of the statement to the chair of the legislative
committee of each house of the legislature with primary jurisdiction over
higher education or border health issues 

SECTION 3. Emergency clause.
                      Effective date: upon passage.

SUMMARY OF COMMITTEE CHANGES

SECTION 1. 

 Amends Section 151.001, Education Code, to redefine the proposed
definition of "institute." 

Amends Section 151.002, Education Code, to require the institute to operate
in a manner that facilitates and assists the activities of international,
national, regional, or local health-related institutions working in the
Texas-Mexico border region to provide certain services. 

Amends Section 151.003, Education Code, to provide that the institute is
initially composed of certain institutions including the El Paso County
Medical Society and Paso del Norte Health Foundation. Authorizes the board
to adopt certain procedures. 

Amend Section 151.004, Education Code,  to require the board to meet, at
least once a year, to review the progress of the institute and to determine
the institute's actions and operational plans. Deletes text regarding the
institutions actions in the next year. 

Amends Section 151.005, Education Code, to require a pledge, gift, or
endowment solicited under this section to be consistent with the purpose of
the institute. Requires the board to manage and approve disbursements of
certain funds and endowments that are the property of the institute,
capital improvements constructed and owned or leased by the institute and
any real property acquired by the institute. 

Adds a new Section 151.006, Education Code, regarding facilities. Renumbers
existing sections accordingly. 

 Adds a new Section 151.007, Education Code, regarding resources.

Amends Section 151.008, Education Code, to require the institute, each
year,  to provide to  each member of the board of the institute an annual
audited financial statement and a status report of each project undertaken
by the institute. 

Amends Section 151.009, Education Code, to provide a new heading. Provides
that the institute is subject to the oversight of the coordinating board
under Chapter 61 and the rules of the coordinating board adopted under
Chapter 61 remain subject to that supervision and those rules as those
institutions participate in the institute and its activities. 

SECTION 2. 

Amends SECTION 2 to require the coordinating board to prepare a certain
statement and deliver a copy of the statement to legislative committees
with primary jurisdiction over border health issues. Deletes text regarding
the governing body of the institute and standing committees.