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.
7-20 COMMITTEE AMENDMENT NO. 1
7-21 Amend S.B. No. 1651 in SECTION 2 of the bill (senate
7-22 engrossment) as follows:
7-23 (1) In Subsection (a) (page 1, lines 14 and 15), strike "an
7-24 institution" and substitute "a particular institution".
7-25 (2) In Subsection (a) (page 1, line 17), between "shall" and
7-26 "assist", insert "review and may approve the transition and shall".
8-1 (3) In Subsection (b) (page 1, line 23), strike "selected"
8-2 and substitute "as approved".
8-3 76R14901 KEL-D Rangel