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