By Davis of Harris, et al. H.B. No. 3593
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the establishment of the Texas Chiropractic College as
1-3 a public institution of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. DEFINITIONS. In Sections 2 through 8 of this
1-6 Act:
1-7 (1) "Governing Board" and "institution of higher
1-8 education" have the meanings assigned by Section 61.003, Education
1-9 Code.
1-10 (2) "New institution" means the institution of higher
1-11 education created as a result of the agreement between the
1-12 governing boards of the Texas Chiropractic College and a university
1-13 under Section 2(c) of this Act.
1-14 SECTION 2. TRANSFER OF GOVERNANCE. (a) The Texas Higher
1-15 Education Coordinating Board shall determine, in discussion with
1-16 the institutions of higher education, whether one of the
1-17 institutions of higher education is sufficiently interested in
1-18 establishing the Texas Chiropractic College, currently a Texas
1-19 nonprofit corporation, as an integral part of the institution of
1-20 higher education's governance structure.
1-21 (b) If there is sufficient interest between the Texas
1-22 Chiropractic College and an institution of higher education in
1-23 establishing the Texas Chiropractic College as an institution of
1-24 higher education, the Texas Higher Education Coordinating Board
2-1 shall assist the Texas Chiropractic College and the institution of
2-2 higher education in the transition process.
2-3 (c) The Texas Chiropractic College, including the
2-4 organization, management, control, and property of that
2-5 institution, is transferred to the governing board of the
2-6 institution of higher education selected by the Texas Higher
2-7 Education Coordinating Board under Subsection (b) of this section,
2-8 if the board of trustees of the Texas Chiropractic College and the
2-9 governing board of the institution of higher education both agree
2-10 to the transfer. If both boards agree to the transfer, the
2-11 transfer:
2-12 (1) is effective on September 1 following the Texas
2-13 Higher Education Coordinating Board approval; and
2-14 (2) is governed by Sections 3 through 8 of this Act.
2-15 (d) If the transfer takes place under Subsection (c) of this
2-16 section, the name of the new institution shall be determined by the
2-17 governing board of the institution of higher education subject to
2-18 the approval of the Texas Higher Education Coordinating Board.
2-19 SECTION 3. POWERS AND DUTIES; RULES AND POLICIES. (a) The
2-20 governing board of the institution of higher education to which the
2-21 Texas Chiropractic College is transferred under this Act shall
2-22 undertake to govern, operate, manage, and control the new
2-23 institution and all land, buildings, facilities, improvements,
2-24 equipment, supplies, or property belonging to the institution. In
2-25 governing, operating, managing, or controlling the institution, the
2-26 governing board may use any powers, duties, and responsibilities
2-27 conferred to the board.
3-1 (b) The new institution may continue to award degrees in the
3-2 same disciplines and of the same academic standing as the Texas
3-3 Chiropractic College, subject to the continuing review of the
3-4 coordinating board. A proposal for a new degree program at the
3-5 institution is subject to the same approval process that applies to
3-6 other state-supported institutions.
3-7 (c) The rules and policies adopted by the board of trustees
3-8 of the Texas Chiropractic College to govern that institution that
3-9 are in effect when the transfer takes effect are continued in
3-10 effect until adopted, repealed, or superseded by the governing
3-11 board of the institution of higher education to which the
3-12 institution is transferred by or under this Act. The governing
3-13 board of the institution of higher education may adopt rules and
3-14 policies applicable to the new institution in anticipation of the
3-15 transfer authorized under this Act.
3-16 SECTION 4. CONTRACTS AND WRITTEN OBLIGATIONS. A contract or
3-17 other written obligation entered into by the board of trustees of
3-18 the Texas Chiropractic College for the benefit of or on behalf of
3-19 the college is ratified, confirmed, and validated. In each
3-20 contract or other written obligation entered into by the board of
3-21 trustees of the Texas Chiropractic College, the governing board of
3-22 the institution of higher education to which the institution is
3-23 transferred under this Act is substituted for and stands in the
3-24 place of the board of trustees to the extent allowed under the law
3-25 or under the contract.
3-26 SECTION 5. EFFECT ON EMPLOYEES. For the purposes of
3-27 determining employment benefits, an employee of the Texas
4-1 Chiropractic College on the date of the transfer shall be treated
4-2 in the same manner as any other new employee of the institution of
4-3 higher education except that the employee shall be given credit for
4-4 any years of service at the Texas Chiropractic College for the
4-5 purpose of accruing annual leave as a state employee.
4-6 SECTION 6. TRANSFER OF FUNDING. Any funds that, on the
4-7 effective date of the transfer, have been dedicated to or held for
4-8 transfer to the governing board of the institution of higher
4-9 education to which the institution is transferred under this Act
4-10 shall be used for the benefit of the new institution.
4-11 SECTION 7. EFFECT ON STUDENTS. (a) The transfer of the
4-12 governance, operation, management, and control of the Texas
4-13 Chiropractic College to the institution to which it is transferred
4-14 under this Act does not affect the credit hours earned by a student
4-15 enrolled at the Texas Chiropractic College before the effective
4-16 date of the transfer under this Act.
4-17 (b) The tuition rate charged by the Texas Chiropractic
4-18 College during the academic year of the transfer remains in effect
4-19 following the transfer of the institution under Section 2 of this
4-20 Act. The tuition rate may not be decreased and is subject to
4-21 annual increases by the governing board of the institution of
4-22 higher education.
4-23 SECTION 8. LEGISLATIVE INTENT. It is the intent of the
4-24 legislature that:
4-25 (1) the effect of this Act is to transfer the
4-26 governance of the Texas Chiropractic College to the governing board
4-27 of an institution of higher education that entered into an
5-1 agreement under Section 2(c) of this Act;
5-2 (2) this Act does not create an institution of higher
5-3 education entitled to funds under Section 17 or 18, Article VII,
5-4 Texas Constitution; and
5-5 (3) on or after the effective date of this Act, the
5-6 new institution is not eligible to receive funds under Section 17
5-7 or 18, Article VII Texas Constitution.
5-8 SECTION 9. AMENDMENT. Subtitle F, Title 3, Education Code,
5-9 is amended by adding Chapter 114 to read as follows:
5-10 CHAPTER 114. CHIROPRACTIC COLLEGE
5-11 Sec. 114.001. CHIROPRACTIC COLLEGE. (a) The chiropractic
5-12 college formerly constituting the Texas Chiropractic College,
5-13 operated as a nonprofit corporation and transferred to the state
5-14 pursuant to an Act of the 76th Legislature, Regular Session, 1999,
5-15 is now a component of the higher education institution to which the
5-16 Texas Chiropractic College was transferred under that Act and is
5-17 under the management and control of the governing board of that
5-18 institution of higher education.
5-19 (b) The governing board has the same powers and duties
5-20 concerning the institution as are conferred on it by law concerning
5-21 any component institution of the institution of higher education.
5-22 Sec. 114.002. POWERS OF THE BOARD. (a) The governing board
5-23 may:
5-24 (1) provide for the training and teaching of students
5-25 seeking to become;
5-26 (A) chiropractors; or
5-27 (B) other technicians who provide services
6-1 related to the practice of chiropractic medicine;
6-2 (2) prescribe courses leading to degrees customarily
6-3 offered in other leading United States chiropractic schools;
6-4 (3) award the degrees described by Subdivision (2);
6-5 (4) enter into an affiliation or coordinating
6-6 agreement with an entity if reasonably necessary or desirable for
6-7 the operation of a first-class school of chiropractic medicine;
6-8 (5) make joint appointments with another institution
6-9 of higher education; and
6-10 (6) adopt rules for the operation, control, and
6-11 management of the institution as necessary for the operation of a
6-12 first-class school of chiropractic medicine, including rules
6-13 governing the number of students that may be admitted to any
6-14 program at the institution.
6-15 (b) The salary of a person who received a joint appointment
6-16 under Subsection (a)(5) must be apportioned among the institutions
6-17 to which the individual is appointed on the basis of the services
6-18 rendered.
6-19 SECTION 10. NOTICE. As soon as practicable after the date
6-20 the governing board of an institution of higher education certifies
6-21 that the institution of higher education has agreed to and
6-22 completed the transfer under Section 2 of this Act, the governing
6-23 board shall publish notice of that action in the Texas Register.
6-24 SECTION 11. CONTINGENT EFFECT. (a) If a transfer of the
6-25 Texas Chiropractic College to an institution of higher education is
6-26 agreed to and approved under Section 2 of this Act, Section 9 of
6-27 this Act takes effect and applies beginning on the September 1 date
7-1 next following the date of the approval.
7-2 (b) If a transfer of the Texas Chiropractic College to an
7-3 institution of higher education is not agreed to and approved under
7-4 Section 2 of this Act, Section 9 of this Act has no effect.
7-5 SECTION 12. EFFECTIVE DATE. Sections 1 through 8 and
7-6 Section 10 of this Act take effect immediately.
7-7 SECTION 13. EMERGENCY. The importance of this legislation
7-8 and the crowded condition of the calendars in both houses create an
7-9 emergency and an imperative public necessity that the
7-10 constitutional rule requiring bills to be read on three several
7-11 days in each house be suspended, and this rule is hereby suspended,
7-12 and that this Act take effect and be in force according to its
7-13 terms, and it is so enacted.
7-14 COMMITTEE AMENDMENT NO. 1
7-15 Amend H.B. No. 3593 as follows:
7-16 (1) On page 1, line 12, strike "Section 2(c)" and substitute
7-17 "Section 2(b)".
7-18 (2) On page 1, lines 13-19, strike Subsection (a) of SECTION
7-19 2 of the bill and reletter the remaining subsections of SECTION 2
7-20 accordingly.
7-21 (3) On page 1, line 21, strike "an institution" and
7-22 substitute "a particular institution".
7-23 (4) On page 2, line 1, between "shall" and "assist", insert
7-24 "review and may approve the transition and shall".
7-25 (5) On page 2, line 6, strike "selected" and substitute "as
7-26 approved".
7-27 (6) On page 2, line 7, strike "Subsection (b)" and
8-1 substitute "Subsection (a)".
8-2 (7) On page 2, line 15, strike "Subsection (c)" and
8-3 substitute "Subsection (b)".
8-4 (8) On page 5, line 4, strike "Section 2(c)" and substitute
8-5 "Section 2(b)".
8-6 76R13468 KEL-D Rangel