SRC-ARR S.B. 1651 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1651
By: Jackson
Higher Education
4/6/1999
As Filed


DIGEST 

Currently, the Texas Chiropractic College is operated by a nonprofit
corporation. S.B. 1651 would establish the Texas Chiropractic College as a
public institution of higher education. 

PURPOSE

As proposed, S.B. 1651 establishes the Texas Chiropractic College as a
public institution of higher education. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the governing board of the institution
of higher education to which Texas Chiropractic College is transferred in
SECTION 3(c) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. DEFINITIONS. Defines "governing board" and "new institution."

SECTION 2. TRANSFER OF GOVERNANCE. Requires the Texas Higher Education
Coordinating Board (coordinating board) to determine, in discussion with
the institutions of higher education, whether one of the institutions of
higher education is sufficiently interested in establishing the Texas
Chiropractic College (TCC), currently a Texas nonprofit corporation, as an
integral part of the institution of higher education's governance
structure. Requires the coordinating board to assist TCC and the
institution of higher education in the transition process. Provides that
TCC, including the organization, management, control, and property of that
institution, is transferred to the governing board of the institution of
higher education selected by the board under Subsection (b) of this
section, if the board of trustees of TCC and the governing board of the
institution of higher education both agree to the transfer. Sets forth
certain requirements if both boards agree to the transfer. Requires the
name of the new institution to be determined by the governing board of the
institution of higher education subject to the approval of the board, if
the transfer takes place under Subsection (c) of this section.  

SECTION 3. POWERS AND DUTIES; RULES AND POLICIES. Sets forth certain powers
and duties of the governing board of the institution of higher education to
which TCC is transferred. Authorizes the new institution to continue to
award degrees in the same discipline and of the same academic standing as
TCC, subject to the continuing review of the coordinating board. Provides
that a proposal for a new degree program at the institution is subject to
the same approval process that applies to other state-supported
institutions. Provides that the rules and policies adopted by the board of
trustees of the Texas Chiropractic College to govern that institutions that
are in effect when the transfer takes effect are continued in effect until
adopted, repealed, or superseded by the governing board of the institution
of higher education to which the institution is transferred by or under
this Act. Authorizes the governing board of the institution of higher
education to adopt rules and policies applicable to the new institution in
anticipation of the transfer authorized under this Act. 

SECTION 4. CONTRACTS AND WRITTEN OBLIGATIONS. Provides that a contract
entered into by the board of trustees of TCC for the benefit of or on
behalf of the college is ratified, confirmed, and validated. Provides that
in each contract entered into by the board of trustees of TCC, the
governing board of the institution of higher education to which the
institution is transferred under  this Act is submitted for and stands in
the place of the board of trustees to the extent allowed under the law or
under the contract.  

SECTION 5. EFFECT ON EMPLOYEES. Requires an employee of TCC on the date of
the transfer to be treated in the same manner as any other new employee of
the institution of higher education except that the employee shall be given
credit for any years of service at TCC for the purpose of accruing annual
leave as a state employee.  

SECTION 6. TRANSFER OF FUNDING. Requires any funds that, on the effective
date of the transfer, have been dedicated to or held for transfer to the
governing board of the institution of higher education to which the
institution is transferred under this Act to be used for the benefit of the
institution.  

SECTION 7. EFFECT ON STUDENTS. Provides that the transfer of the
governance, operation, management, and control of TCC to the institution to
which it is transferred under this Act does not affect the credit hours
earned by a student enrolled at TCC before the effective date of the
transfer under this Act. Provides that the tuition rate charged by TCC
during the academic year of the transfer remains in effect following the
transfer of the institution under SECTION 2 of this Act. Provides that the
tuition rate may not be deceased and is subject to annual increases by the
governing board of the institution of higher education. 

SECTION 8. LEGISLATIVE INTENT. Sets forth the intent of the legislature.

SECTION 9. AMENDMENT. Amends Title 3F, Education Code, by adding Chapter
114, as follows:  

CHAPTER 114. CHIROPRACTIC COLLEGE

Sec. 114.001. CHIROPRACTIC COLLEGE. Provides that the chiropractic college
formerly constituting TCC is now a component of the higher education
institution to which TCC was transferred and is under the management and
control of the governing board of that institution of higher education.
Provides that the governing board has the same powers and duties concerning
the institution as conferred on it by law concerning any component
institution of the institution of higher education.  

Sec. 114.002. POWERS OF THE BOARD. Authorizes the governing board to take
certain actions. Requires the salary of a person who received a joint
appointment under Subsection (a)(5) to be apportioned among the
institutions to which the individual is appointed on the basis of the
services rendered. 

SECTION 10. NOTICE. Requires the governing board of an institution of
higher education to publish notice of the transfer in the Texas Register by
a certain date. 

SECTION 11. CONTINGENT EFFECT. Effective date for SECTION 9 of this Act:on
the September 1 date next following the date of the approval, if a transfer
of TCC to an institution of higher education is agreed to and approved
under SECTION 2 of this Act. Provides that if a transfer of  TCC to an
institution of higher education is not agreed to and approved under SECTION
2 of this Act, SECTION 9 of this Act has no effect.  

SECTION 12. Effective date for SECTION 1 and 8 and SECTION 10 of this Act:
immediately.  

SECTION 13. Emergency clause.