By:  Jackson                                          S.B. No. 1651
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to the establishment of the Texas Chiropractic College as
 1-2     a public institution of higher education.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  DEFINITIONS.  In Sections 2 through 8 of this
 1-5     Act:
 1-6                 (1)  "Governing Board" and "institution of higher
 1-7     education" have the meanings assigned by Section 61.003, Education
 1-8     Code.
 1-9                 (2)  "New institution" means the institution of higher
1-10     education created as a result of the agreement between the
1-11     governing boards of the Texas Chiropractic College and a university
1-12     under Subsection (b) of Section 2 of this Act.
1-13           SECTION 2.  TRANSFER OF GOVERNANCE.  (a)  If there is
1-14     sufficient interest between the Texas Chiropractic College and an
1-15     institution of higher education in establishing the Texas
1-16     Chiropractic College as an institution of higher education, the
1-17     Texas Higher Education Coordinating Board shall assist the Texas
1-18     Chiropractic College and the institution of higher education in the
1-19     transition process.
1-20           (b)  The Texas Chiropractic College, including the
1-21     organization, management, control, and property of that
1-22     institution, is transferred to the governing board of the
1-23     institution of higher education selected by the Texas Higher
1-24     Education Coordinating Board under Subsection (a) of this section,
 2-1     if the board of trustees of the Texas Chiropractic College and the
 2-2     governing board of the institution of higher education both agree
 2-3     to the transfer.  If both boards agree to the transfer, the
 2-4     transfer:
 2-5                 (1)  is effective on September 1 following the Texas
 2-6     Higher Education Coordinating Board approval; and
 2-7                 (2)  is governed by Sections 3 through 8 of this Act.
 2-8           (c)  If the transfer takes place under Subsection (b) of this
 2-9     section, the name of the new institution shall be determined by the
2-10     governing board of the institution of higher education subject to
2-11     the approval of the Texas Higher Education Coordinating Board.
2-12           SECTION 3.  POWERS AND DUTIES; RULES AND POLICIES.  (a)  The
2-13     governing board of the institution of higher education to which the
2-14     Texas Chiropractic College is transferred under this Act shall
2-15     undertake to govern, operate, manage, and control the new
2-16     institution and all land, buildings, facilities, improvements,
2-17     equipment, supplies, or property belonging to the institution.  In
2-18     governing, operating, managing, or controlling the institution, the
2-19     governing board may use any powers, duties, and responsibilities
2-20     conferred to the board.
2-21           (b)  The new institution may continue to award degrees in the
2-22     same disciplines and of the same academic standing as the Texas
2-23     Chiropractic College, subject to the continuing review of the
2-24     coordinating board.  A proposal for a new degree program at the
2-25     institution is subject to the same approval process that applies to
2-26     other state-supported institutions.
 3-1           (c)  The rules and policies adopted by the board of trustees
 3-2     of the Texas Chiropractic College to govern that institution that
 3-3     are in effect when the transfer takes effect are continued in
 3-4     effect until adopted, repealed, or superseded by the governing
 3-5     board of the institution of higher education to which the
 3-6     institution is transferred by or under this Act.  The governing
 3-7     board of the institution of higher education may adopt rules and
 3-8     policies applicable to the new institution in anticipation of the
 3-9     transfer authorized under this Act.
3-10           SECTION 4.  CONTRACTS AND WRITTEN OBLIGATIONS.  A contract or
3-11     other written obligation entered into by the board of trustees of
3-12     the Texas Chiropractic College for the benefit of or on behalf of
3-13     the college is ratified, confirmed, and validated.  In each
3-14     contract or other written obligation entered into by the board of
3-15     trustees of the Texas Chiropractic College, the governing board of
3-16     the institution of higher education to which the institution is
3-17     transferred under this Act is substituted for and stands in the
3-18     place of the board of trustees to the extent allowed under the law
3-19     or under the contract.
3-20           SECTION 5.  EFFECT ON EMPLOYEES.  For the purposes of
3-21     determining employment benefits, an employee of the Texas
3-22     Chiropractic College on the date of the transfer shall be treated
3-23     in the same manner as any other new employee of the institution of
3-24     higher education except that the employee shall be given credit for
3-25     any years of service at the Texas Chiropractic College for the
3-26     purpose of accruing annual leave as a state employee.
 4-1           SECTION 6.  TRANSFER OF FUNDING.  Any funds that, on the
 4-2     effective date of the transfer, have been dedicated to or held for
 4-3     transfer to the governing board of the institution of higher
 4-4     education to which the institution is transferred under this Act
 4-5     shall be used for the benefit of the new institution.
 4-6           SECTION 7.  EFFECT ON STUDENTS.  (a)  The transfer of the
 4-7     governance, operation, management, and control of the Texas
 4-8     Chiropractic College to the institution to which it is transferred
 4-9     under this Act does not affect the credit hours earned by a student
4-10     enrolled at the Texas Chiropractic College before the effective
4-11     date of the transfer under this Act.
4-12           (b)  The tuition rate charged by the Texas Chiropractic
4-13     College during the academic year of the transfer remains in effect
4-14     following the transfer of the institution under Section 2 of this
4-15     Act.  The tuition rate may not be decreased and is subject to
4-16     annual increases by the governing board of the institution of
4-17     higher education.
4-18           SECTION 8.  LEGISLATIVE INTENT.  It is the intent of the
4-19     legislature that:
4-20                 (1)  the effect of this Act is to transfer the
4-21     governance of the Texas Chiropractic College to the governing board
4-22     of an institution of higher education that entered into an
4-23     agreement under Subsection (b) of Section 2 of this Act;
4-24                 (2)  this Act does not create an institution of higher
4-25     education entitled to funds under Section 17 or 18, Article VII,
4-26     Texas Constitution; and
 5-1                 (3)  on or after the effective date of this Act, the
 5-2     new institution is not eligible to receive funds under Section 17
 5-3     or 18, Article VII, Texas Constitution.
 5-4           SECTION 9.  AMENDMENT.  Subtitle F, Title 3, Education Code,
 5-5     is amended by adding Chapter 114 to read as follows:
 5-6                     CHAPTER 114.  CHIROPRACTIC COLLEGE
 5-7           Sec. 114.001.  CHIROPRACTIC COLLEGE.  (a)  The chiropractic
 5-8     college formerly constituting the Texas Chiropractic College,
 5-9     operated as a nonprofit corporation and transferred to the state
5-10     pursuant to an Act of the 76th Legislature, Regular Session, 1999,
5-11     is a component of the higher education institution to which the
5-12     Texas Chiropractic College was transferred under that Act and is
5-13     under the management and control of the governing board of that
5-14     institution of higher education.
5-15           (b)  The governing board has the same powers and duties
5-16     concerning the institution as are conferred on it by law concerning
5-17     any component institution of the institution of higher education.
5-18           Sec. 114.002.  POWERS OF THE BOARD.  (a)  The governing board
5-19     may:
5-20                 (1)  provide for the training and teaching of students
5-21     seeking to become:
5-22                       (A)  chiropractors; or
5-23                       (B)  other technicians who provide services
5-24     related to the practice of chiropractic medicine;
5-25                 (2)  prescribe courses leading to degrees customarily
5-26     offered in other leading United States chiropractic schools;
 6-1                 (3)  award the degrees described by Subdivision (2);
 6-2                 (4)  enter into an affiliation or coordinating
 6-3     agreement with an entity if reasonably necessary or desirable for
 6-4     the operation of a first-class school of chiropractic medicine;
 6-5                 (5)  make joint appointments with another institution
 6-6     of higher education; and
 6-7                 (6)  adopt rules for the operation, control, and
 6-8     management of the institution as necessary for the operation of a
 6-9     first-class school of chiropractic medicine, including rules
6-10     governing the number of students that may be admitted to any
6-11     program at the institution.
6-12           (b)  The salary of a person who received a joint appointment
6-13     under Subsection (a)(5) must be apportioned among the institutions
6-14     to which the individual is appointed on the basis of the services
6-15     rendered.
6-16           SECTION 10.  NOTICE.  As soon as practicable after the date
6-17     the governing board of an institution of higher education certifies
6-18     that the institution of higher education has agreed to and
6-19     completed the transfer under Section 2 of this Act, the governing
6-20     board shall publish notice of that action in the Texas Register.
6-21           SECTION 11.  CONTINGENT EFFECT.  (a)  If a transfer of the
6-22     Texas Chiropractic College to an institution of higher education is
6-23     agreed to and approved under Section 2 of this Act, Section 9 of
6-24     this Act takes effect and applies beginning on the September 1 date
6-25     next following the date of the approval.
6-26           (b)  If a transfer of the Texas Chiropractic College to an
 7-1     institution of higher education is not agreed to and approved under
 7-2     Section 2 of this Act, Section 9 of this Act has no effect.
 7-3           SECTION 12.  EFFECTIVE DATE.  Except as provided by Section
 7-4     13 of this Act, Sections 1 through 8 and Section 10 of this Act
 7-5     take effect immediately.
 7-6           SECTION 13.  IMPLEMENTATION OF ACT CONTINGENT ON
 7-7     APPROPRIATION.  This Act takes effect only if a specific
 7-8     appropriation for the implementation of this Act is provided in
 7-9     H.B. No. 1 (General Appropriations Act), Acts of the 76th
7-10     Legislature, Regular Session, 1999.  If no specific appropriation
7-11     is provided in H.B. No. 1, the General Appropriations Act, this Act
7-12     has no effect.
7-13           SECTION 14.  EMERGENCY.  The importance of this legislation
7-14     and the crowded condition of the calendars in both houses create an
7-15     emergency and an imperative public necessity that the
7-16     constitutional rule requiring bills to be read on three several
7-17     days in each house be suspended, and this rule is hereby suspended,
7-18     and that this Act take effect and be in force according to its
7-19     terms, and it is so enacted.