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