By: Jackson S.B. No. 1651 99S0800/1 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 Section 2(c) of this Act. 1-13 SECTION 2. TRANSFER OF GOVERNANCE. (a) The Texas Higher 1-14 Education Coordinating Board shall determine, in discussion with 1-15 the institutions of higher education, whether one of the 1-16 institutions of higher education is sufficiently interested in 1-17 establishing the Texas Chiropractic College, currently a Texas 1-18 nonprofit corporation, as an integral part of the institution of 1-19 higher education's governance structure. 1-20 (b) If there is sufficient interest between the Texas 1-21 Chiropractic College and an institution of higher education in 1-22 establishing the Texas Chiropractic College as an institution of 1-23 higher education, the Texas Higher Education Coordinating Board 1-24 shall assist the Texas Chiropractic College and the institution of 2-1 higher education in the transition process. 2-2 (c) The Texas Chiropractic College, including the 2-3 organization, management, control, and property of that 2-4 institution, is transferred to the governing board of the 2-5 institution of higher education selected by the Texas Higher 2-6 Education Coordinating Board under Subsection (b) of this section, 2-7 if the board of trustees of the Texas Chiropractic College and the 2-8 governing board of the institution of higher education both agree 2-9 to the transfer. If both boards agree to the transfer, the 2-10 transfer: 2-11 (1) is effective on September 1 following the Texas 2-12 Higher Education Coordinating Board approval; and 2-13 (2) is governed by Sections 3 through 8 of this Act. 2-14 (d) If the transfer takes place under Subsection (c) of this 2-15 section, the name of the new institution shall be determined by the 2-16 governing board of the institution of higher education subject to 2-17 the approval of the Texas Higher Education Coordinating Board. 2-18 SECTION 3. POWERS AND DUTIES; RULES AND POLICIES. (a) The 2-19 governing board of the institution of higher education to which the 2-20 Texas Chiropractic College is transferred under this Act shall 2-21 undertake to govern, operate, manage, and control the new 2-22 institution and all land, buildings, facilities, improvements, 2-23 equipment, supplies, or property belonging to the institution. In 2-24 governing, operating, managing, or controlling the institution, the 2-25 governing board may use any powers, duties, and responsibilities 2-26 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 4-1 determining employment benefits, an employee of the Texas 4-2 Chiropractic College on the date of the transfer shall be treated 4-3 in the same manner as any other new employee of the institution of 4-4 higher education except that the employee shall be given credit for 4-5 any years of service at the Texas Chiropractic College for the 4-6 purpose of accruing annual leave as a state employee. 4-7 SECTION 6. TRANSFER OF FUNDING. Any funds that, on the 4-8 effective date of the transfer, have been dedicated to or held for 4-9 transfer to the governing board of the institution of higher 4-10 education to which the institution is transferred under this Act 4-11 shall be used for the benefit of the new institution. 4-12 SECTION 7. EFFECT ON STUDENTS. (a) The transfer of the 4-13 governance, operation, management, and control of the Texas 4-14 Chiropractic College to the institution to which it is transferred 4-15 under this Act does not affect the credit hours earned by a student 4-16 enrolled at the Texas Chiropractic College before the effective 4-17 date of the transfer under this Act. 4-18 (b) The tuition rate charged by the Texas Chiropractic 4-19 College during the academic year of the transfer remains in effect 4-20 following the transfer of the institution under Section 2 of this 4-21 Act. The tuition rate may not be decreased and is subject to 4-22 annual increases by the governing board of the institution of 4-23 higher education. 4-24 SECTION 8. LEGISLATIVE INTENT. It is the intent of the 4-25 legislature that: 4-26 (1) the effect of this Act is to transfer the 5-1 governance of the Texas Chiropractic College to the governing board 5-2 of an institution of higher education that entered into an 5-3 agreement under Section 2(c) of this Act; 5-4 (2) this Act does not create an institution of higher 5-5 education entitled to funds under Section 17 or 18, Article VII, 5-6 Texas Constitution; and 5-7 (3) on or after the effective date of this Act, the 5-8 new institution is not eligible to receive funds under Section 17 5-9 or 18, Article VII Texas Constitution. 5-10 SECTION 9. AMENDMENT. Subtitle F, Title 3, Education Code, 5-11 is amended by adding Chapter 114 to read as follows: 5-12 CHAPTER 114. CHIROPRACTIC COLLEGE 5-13 Sec. 114.001. CHIROPRACTIC COLLEGE. (a) The chiropractic 5-14 college formerly constituting the Texas Chiropractic College, 5-15 operated as a nonprofit corporation and transferred to the state 5-16 pursuant to an Act of the 76th Legislature, Regular Session, 1999, 5-17 is now a component of the higher education institution to which the 5-18 Texas Chiropractic College was transferred under that Act and is 5-19 under the management and control of the governing board of that 5-20 institution of higher education. 5-21 (b) The governing board has the same powers and duties 5-22 concerning the institution as are conferred on it by law concerning 5-23 any component institution of the institution of higher education. 5-24 Sec. 114.002. POWERS OF THE BOARD. (a) The governing board 5-25 may: 5-26 (1) provide for the training and teaching of students 6-1 seeking to become; 6-2 (A) chiropractors; or 6-3 (B) other technicians who provide services 6-4 related to the practice of chiropractic medicine; 6-5 (2) prescribe courses leading to degrees customarily 6-6 offered in other leading United States chiropractic schools; 6-7 (3) award the degrees described by Subdivision (2); 6-8 (4) enter into an affiliation or coordinating 6-9 agreement with an entity if reasonably necessary or desirable for 6-10 the operation of a first-class school of chiropractic medicine; 6-11 (5) make joint appointments with another institution 6-12 of higher education; and 6-13 (6) adopt rules for the operation, control, and 6-14 management of the institution as necessary for the operation of a 6-15 first-class school of chiropractic medicine, including rules 6-16 governing the number of students that may be admitted to any 6-17 program at the institution. 6-18 (b) The salary of a person who received a joint appointment 6-19 under Subsection (a)(5) must be apportioned among the institutions 6-20 to which the individual is appointed on the basis of the services 6-21 rendered. 6-22 SECTION 10. NOTICE. As soon as practicable after the date 6-23 the governing board of an institution of higher education certifies 6-24 that the institution of higher education has agreed to and 6-25 completed the transfer under Section 2 of this Act, the governing 6-26 board shall publish notice of that action in the Texas Register. 7-1 SECTION 11. CONTINGENT EFFECT. (a) If a transfer of the 7-2 Texas Chiropractic College to an institution of higher education is 7-3 agreed to and approved under Section 2 of this Act, Section 9 of 7-4 this Act takes effect and applies beginning on the September 1 date 7-5 next following the date of the approval. 7-6 (b) If a transfer of the Texas Chiropractic College to an 7-7 institution of higher education is not agreed to and approved under 7-8 Section 2 of this Act, Section 9 of this Act has no effect. 7-9 SECTION 12. EFFECTIVE DATE. Sections 1 through 8 and 7-10 Section 10 of this Act take effect immediately. 7-11 SECTION 13. EMERGENCY. The importance of this legislation 7-12 and the crowded condition of the calendars in both houses create an 7-13 emergency and an imperative public necessity that the 7-14 constitutional rule requiring bills to be read on three several 7-15 days in each house be suspended, and this rule is hereby suspended, 7-16 and that this Act take effect and be in force according to its 7-17 terms, and it is so enacted.