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.
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