1-1 AN ACT
1-2 relating to the establishment and operation of the Border Health
1-3 Institute.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle H, Title 3, Education Code, is amended
1-6 by adding Chapter 151 to read as follows:
1-7 CHAPTER 151. BORDER HEALTH INSTITUTE
1-8 Sec. 151.001. DEFINITION. In this chapter, "institute"
1-9 means the Border Health Institute, a collaboration or consortium of
1-10 independent public and private entities.
1-11 Sec. 151.002. ESTABLISHMENT; PURPOSE. (a) The Border
1-12 Health Institute is established in the city of El Paso.
1-13 (b) The institute shall operate in a manner that facilitates
1-14 and assists the activities of international, national, regional, or
1-15 local health-related institutions working in the Texas-Mexico
1-16 border region to:
1-17 (1) create and fund centers or component units within
1-18 the institute to facilitate research in fields of study affecting
1-19 public health in the border region, including research related to
1-20 diabetes, Hispanic health issues, infectious diseases, emerging
1-21 infections, environmental health issues, and children's health
1-22 issues;
1-23 (2) deliver health care or provide health education to
1-24 persons living in the border region; and
2-1 (3) conduct and facilitate research in fields of study
2-2 affecting public health in the border region, including research
2-3 related to diabetes, Hispanic health issues, infectious diseases,
2-4 emerging infections, environmental health issues, and children's
2-5 health issues.
2-6 Sec. 151.003. INSTITUTE MEMBERSHIP. (a) The institute is
2-7 initially composed of the following institutions:
2-8 (1) The University of Texas at El Paso;
2-9 (2) Texas Tech University Health Sciences Center at El
2-10 Paso;
2-11 (3) El Paso Community College District;
2-12 (4) R. E. Thomason General Hospital;
2-13 (5) El Paso City/County Health District;
2-14 (6) The University of Texas Health Science Center at
2-15 Houston, School of Public Health;
2-16 (7) El Paso County Medical Society;
2-17 (8) Paso del Norte Health Foundation; and
2-18 (9) the Texas Department of Health.
2-19 (b) The governing board of the institute may adopt
2-20 procedures for:
2-21 (1) changing, adding, or removing entities as members
2-22 of the institute; and
2-23 (2) creating developmental or advisory boards for the
2-24 institute.
2-25 Sec. 151.004. ADMINISTRATION. (a) The governing board of
2-26 the institute is composed of the chief executive officer or
2-27 president of each entity that is a member of the institute or that
3-1 officer's or president's designee.
3-2 (b) The governing board of the institute is responsible for
3-3 the operation of the institute. The board shall adopt rules
3-4 relating to:
3-5 (1) the operation and deliberations of the governing
3-6 board; and
3-7 (2) the operation of the institute.
3-8 (c) The governing board may employ an executive director of
3-9 the institute and any other officer or employee necessary for the
3-10 operation of the institute.
3-11 (d) The governing board shall meet, at least once a year, to
3-12 review the progress of the institute and to determine the
3-13 institute's future actions and operational plans.
3-14 Sec. 151.005. FUNDING. (a) In addition to any amount
3-15 appropriated by the legislature, the institute may apply for and
3-16 accept funds from the federal government or any other public or
3-17 private entity. The institute or any member of the institute may
3-18 also solicit and accept pledges, gifts, and endowments from private
3-19 sources on the institute's behalf. A pledge, gift, or endowment
3-20 solicited under this section must be consistent with the purposes
3-21 of the institute.
3-22 (b) The governing board of the institute shall manage and
3-23 approve disbursements of appropriations, funds, pledges, gifts, and
3-24 endowments that are the property of the institute.
3-25 (c) The governing board of the institute shall manage any
3-26 capital improvements constructed, owned, or leased by the institute
3-27 and any real property acquired by the institute.
4-1 Sec. 151.006. FACILITIES. The physical facilities of the
4-2 institute used in its research undertakings and in the provision of
4-3 health care and education programs, including libraries,
4-4 auditoriums, research facilities, education buildings, meeting
4-5 halls, classrooms, and administrative offices, may be provided by a
4-6 public or private entity or by a cooperative, consortium, or joint
4-7 venture consisting of public or private entities. A physical
4-8 facility may be constructed, maintained, or operated with funds the
4-9 institute receives under Section 151.005 and any funds appropriated
4-10 for that purpose. Money may be appropriated for construction of a
4-11 facility in phases so that design, engineering, and site work may
4-12 be appropriated separately from physical construction costs.
4-13 Sec. 151.007. RESOURCES. The resources, capital, and real
4-14 estate of the institute are separate from the resources, capital,
4-15 and real estate of the members of the institute. A member of the
4-16 institute shall retain any assets or funds received by the member
4-17 from the federal government or from any other public or private
4-18 entity.
4-19 Sec. 151.008. ANNUAL REPORTING. Each year, the institute
4-20 shall provide to each member of the governing board of the
4-21 institute and to each member of the legislature whose district
4-22 includes any portion of a county where the Border Health Institute
4-23 is established or operating an annual audited financial statement
4-24 and a status report of each project undertaken by the institute.
4-25 Sec. 151.009. COORDINATING BOARD OVERSIGHT. The
4-26 institutions subject to the oversight of the Texas Higher Education
4-27 Coordinating Board under Chapter 61 and the rules of the
5-1 coordinating board adopted under Chapter 61 remain subject to that
5-2 supervision and those rules as those institutions participate in
5-3 the institute and its activities.
5-4 SECTION 2. Not later than January 1, 2001, the Texas Higher
5-5 Education Coordinating Board shall prepare an impact statement
5-6 examining the initial implementation of this Act and shall deliver
5-7 a copy of the statement to the chair of each legislative committee
5-8 with primary jurisdiction over higher education or border health
5-9 issues.
5-10 SECTION 3. The importance of this legislation and the
5-11 crowded condition of the calendars in both houses create an
5-12 emergency and an imperative public necessity that the
5-13 constitutional rule requiring bills to be read on three several
5-14 days in each house be suspended, and this rule is hereby suspended,
5-15 and that this Act take effect and be in force from and after its
5-16 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2025 was passed by the House on April
15, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 2025 on May 12, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 2025 on May 21, 1999, by
the following vote: Yeas 139, Nays 1, 1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 2025 was passed by the Senate, with
amendments, on May 10, 1999, by the following vote: Yeas 30, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
2025 on May 24, 1999, by the following vote: Yeas 30, Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor