1-1 By: Pickett, et al. (Senate Sponsor - Shapleigh) H.B. No. 2025 1-2 (In the Senate - Received from the House April 16, 1999; 1-3 April 19, 1999, read first time and referred to Committee on Border 1-4 Affairs; May 3, 1999, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 5, Nays 0; May 3, 1999, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 2025 By: Shapleigh 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to the establishment and operation of the Border Health 1-11 Institute. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subtitle H, Title 3, Education Code, is amended 1-14 by adding Chapter 151 to read as follows: 1-15 CHAPTER 151. BORDER HEALTH INSTITUTE 1-16 Sec. 151.001. DEFINITION. In this chapter, "institute" 1-17 means the Border Health Institute, a collaboration or consortium of 1-18 independent public and private entities. 1-19 Sec. 151.002. ESTABLISHMENT; PURPOSE. (a) The Border 1-20 Health Institute is established in the city of El Paso. 1-21 (b) The institute shall operate in a manner that facilitates 1-22 and assists the activities of international, national, regional, or 1-23 local health-related institutions working in the Texas-Mexico 1-24 border region to: 1-25 (1) create and fund centers or component units within 1-26 the institute to facilitate research in fields of study affecting 1-27 public health in the border region, including research related to 1-28 diabetes, Hispanic health issues, infectious diseases, emerging 1-29 infections, environmental health issues, and children's health 1-30 issues; 1-31 (2) deliver health care or provide health education to 1-32 persons living in the border region; and 1-33 (3) conduct and facilitate research in fields of study 1-34 affecting public health in the border region, including research 1-35 related to diabetes, Hispanic health issues, infectious diseases, 1-36 emerging infections, environmental health issues, and children's 1-37 health issues. 1-38 Sec. 151.003. INSTITUTE MEMBERSHIP. (a) The institute is 1-39 initially composed of the following institutions: 1-40 (1) The University of Texas at El Paso; 1-41 (2) Texas Tech University Health Sciences Center at El 1-42 Paso; 1-43 (3) El Paso Community College District; 1-44 (4) R. E. Thomason General Hospital; 1-45 (5) El Paso City/County Health District; 1-46 (6) The University of Texas Health Science Center at 1-47 Houston, School of Public Health; 1-48 (7) El Paso County Medical Society; 1-49 (8) Paso del Norte Health Foundation; and 1-50 (9) the Texas Department of Health. 1-51 (b) The governing board of the institute may adopt 1-52 procedures for: 1-53 (1) changing, adding, or removing entities as members 1-54 of the institute; and 1-55 (2) creating developmental or advisory boards for the 1-56 institute. 1-57 Sec. 151.004. ADMINISTRATION. (a) The governing body of 1-58 the institute is composed of the chief executive officer of each 1-59 entity that is a member of the institute or the officer's designee. 1-60 (b) The governing board of the institute is responsible for 1-61 the operation of the institute. The board shall adopt rules 1-62 relating to: 1-63 (1) the operation and deliberations of the governing 1-64 board; and 2-1 (2) the operation of the institute. 2-2 (c) The governing board may employ an executive director of 2-3 the institute and any other officer or employee necessary for the 2-4 operation of the institute. 2-5 (d) The governing board shall meet, at least once a year, to 2-6 review the progress of the institute and to determine the 2-7 institute's future actions and operational plans. 2-8 Sec. 151.005. FUNDING. (a) In addition to any amount 2-9 appropriated by the legislature, the institute may apply for and 2-10 accept funds from the federal government or any other public or 2-11 private entity. The institute or any member of the institute may 2-12 also solicit and accept pledges, gifts, and endowments from private 2-13 sources on the institute's behalf. A pledge, gift, or endowment 2-14 solicited under this section must be consistent with the purposes 2-15 of the institute. 2-16 (b) The governing board of the institute shall manage and 2-17 approve disbursements of appropriations, funds, pledges, gifts, and 2-18 endowments that are the property of the institute. 2-19 (c) The governing board of the institute shall manage any 2-20 capital improvements constructed, owned, or leased by the institute 2-21 and any real property acquired by the institute. 2-22 Sec. 151.006. FACILITIES. The physical facilities of the 2-23 institute used in its research undertakings and in the provision of 2-24 health care and education programs, including libraries, 2-25 auditoriums, research facilities, education buildings, meeting 2-26 halls, classrooms, and administrative offices may be provided by a 2-27 public or private entity or by a cooperative, consortium, or joint 2-28 venture consisting of public or private entities. A physical 2-29 facility may be constructed, maintained, or operated with funds the 2-30 institute receives under Section 151.005 and any funds appropriated 2-31 for that purpose. Money may be appropriated for construction of a 2-32 facility in phases so that design, engineering, and site work may 2-33 be appropriated separately from physical construction costs. 2-34 Sec. 151.007. RESOURCES. The resources, capital, and real 2-35 estate of the institute are separate from the resources, capital, 2-36 and real estate of the members of the institute. A member of the 2-37 institute shall retain any assets or funds received by the member 2-38 from the federal government or from any other public or private 2-39 entity. 2-40 Sec. 151.008. ANNUAL REPORTING. Each year, the institute 2-41 shall provide to each member of the governing board of the 2-42 institute an annual audited financial statement and a status report 2-43 of each project undertaken by the institute. 2-44 Sec. 151.009. COORDINATING BOARD OVERSIGHT. The 2-45 institutions subject to the oversight of the Texas Higher Education 2-46 Coordinating Board under Chapter 61 and the rules of the 2-47 coordinating board adopted under Chapter 61 remain subject to that 2-48 supervision and those rules as those institutions participate in 2-49 the institute and its activities. 2-50 SECTION 2. Not later than January 1, 2001, the Texas Higher 2-51 Education Coordinating Board shall prepare an impact statement 2-52 examining the initial implementation of this Act and shall deliver 2-53 a copy of the statement to the chair of each legislative committee 2-54 with primary jurisdiction over higher education or border health 2-55 issues. 2-56 SECTION 3. The importance of this legislation and the 2-57 crowded condition of the calendars in both houses create an 2-58 emergency and an imperative public necessity that the 2-59 constitutional rule requiring bills to be read on three several 2-60 days in each house be suspended, and this rule is hereby suspended, 2-61 and that this Act take effect and be in force from and after its 2-62 passage, and it is so enacted. 2-63 * * * * *