1-1     By:  Jackson                                          S.B. No. 1651
 1-2           (In the Senate - Filed March 12, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Education; April 26, 1999,
 1-4     reported adversely, with favorable Committee Substitute by the
 1-5     following vote:  Yeas 6, Nays 1; April 26, 1999, sent to printer.)
 1-6     COMMITTEE SUBSTITUTE FOR S.B. No. 1651                  By:  Nelson
 1-7                            A BILL TO BE ENTITLED
 1-8                                   AN ACT
 1-9     relating to the establishment of the Texas Chiropractic College as
1-10     a public institution of higher education.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  DEFINITIONS.  In Sections 2 through 8 of this
1-13     Act:
1-14                 (1)  "Governing Board" and "institution of higher
1-15     education" have the meanings assigned by Section 61.003, Education
1-16     Code.
1-17                 (2)  "New institution" means the institution of higher
1-18     education created as a result of the agreement between the
1-19     governing boards of the Texas Chiropractic College and a university
1-20     under Subsection (b) of Section 2 of this Act.
1-21           SECTION 2.  TRANSFER OF GOVERNANCE.  (a)  If there is
1-22     sufficient interest between the Texas Chiropractic College and an
1-23     institution of higher education in establishing the Texas
1-24     Chiropractic College as an institution of higher education, the
1-25     Texas Higher Education Coordinating Board shall assist the Texas
1-26     Chiropractic College and the institution of higher education in the
1-27     transition process.
1-28           (b)  The Texas Chiropractic College, including the
1-29     organization, management, control, and property of that
1-30     institution, is transferred to the governing board of the
1-31     institution of higher education selected by the Texas Higher
1-32     Education Coordinating Board under Subsection (a) of this section,
1-33     if the board of trustees of the Texas Chiropractic College and the
1-34     governing board of the institution of higher education both agree
1-35     to the transfer.  If both boards agree to the transfer, the
1-36     transfer:
1-37                 (1)  is effective on September 1 following the Texas
1-38     Higher Education Coordinating Board approval; and
1-39                 (2)  is governed by Sections 3 through 8 of this Act.
1-40           (c)  If the transfer takes place under Subsection (b) of this
1-41     section, the name of the new institution shall be determined by the
1-42     governing board of the institution of higher education subject to
1-43     the approval of the Texas Higher Education Coordinating Board.
1-44           SECTION 3.  POWERS AND DUTIES; RULES AND POLICIES.  (a)  The
1-45     governing board of the institution of higher education to which the
1-46     Texas Chiropractic College is transferred under this Act shall
1-47     undertake to govern, operate, manage, and control the new
1-48     institution and all land, buildings, facilities, improvements,
1-49     equipment, supplies, or property belonging to the institution. In
1-50     governing, operating, managing, or controlling the institution, the
1-51     governing board may use any powers, duties, and responsibilities
1-52     conferred to the board.
1-53           (b)  The new institution may continue to award degrees in the
1-54     same disciplines and of the same academic standing as the Texas
1-55     Chiropractic College, subject to the continuing review of the
1-56     coordinating board.  A proposal for a new degree program at the
1-57     institution is subject to the same approval process that applies to
1-58     other state-supported institutions.
1-59           (c)  The rules and policies adopted by the board of trustees
1-60     of the Texas Chiropractic College to govern that institution that
1-61     are in effect when the transfer takes effect are continued in
1-62     effect until adopted, repealed, or superseded by the governing
1-63     board of the institution of higher education to which the
1-64     institution is transferred by or under this Act.  The governing
 2-1     board of the institution of higher education may adopt rules and
 2-2     policies applicable to the new institution in anticipation of the
 2-3     transfer authorized under this Act.
 2-4           SECTION 4.  CONTRACTS AND WRITTEN OBLIGATIONS.  A contract or
 2-5     other written obligation entered into by the board of trustees of
 2-6     the Texas Chiropractic College for the benefit of or on behalf of
 2-7     the college is ratified, confirmed, and validated.  In each
 2-8     contract or other written obligation entered into by the board of
 2-9     trustees of the Texas Chiropractic College, the governing board of
2-10     the institution of higher education to which the institution is
2-11     transferred under this Act is substituted for and stands in the
2-12     place of the board of trustees to the extent allowed under the law
2-13     or under the contract.
2-14           SECTION 5.  EFFECT ON EMPLOYEES.  For the purposes of
2-15     determining employment benefits, an employee of the Texas
2-16     Chiropractic College on the date of the transfer shall be treated
2-17     in the same manner as any other new employee of the institution of
2-18     higher education except that the employee shall be given credit for
2-19     any years of service at the Texas Chiropractic College for the
2-20     purpose of accruing annual leave as a state employee.
2-21           SECTION 6.  TRANSFER OF FUNDING.  Any funds that, on the
2-22     effective date of the transfer, have been dedicated to or held for
2-23     transfer to the governing board of the institution of higher
2-24     education to which the institution is transferred under this Act
2-25     shall be used for the benefit of the new institution.
2-26           SECTION 7.  EFFECT ON STUDENTS.  (a)  The transfer of the
2-27     governance, operation, management, and control of the Texas
2-28     Chiropractic College to the institution to which it is transferred
2-29     under this Act does not affect the credit hours earned by a student
2-30     enrolled at the Texas Chiropractic College before the effective
2-31     date of the transfer under this Act.
2-32           (b)  The tuition rate charged by the Texas Chiropractic
2-33     College during the academic year of the transfer remains in effect
2-34     following the transfer of the institution under Section 2 of this
2-35     Act.  The tuition rate may not be decreased and is subject to
2-36     annual increases by the governing board of the institution of
2-37     higher education.
2-38           SECTION 8.  LEGISLATIVE INTENT.  It is the intent of the
2-39     legislature that:
2-40                 (1)  the effect of this Act is to transfer the
2-41     governance of the Texas Chiropractic College to the governing board
2-42     of an institution of higher education that entered into an
2-43     agreement under Subsection (b) of Section 2 of this Act;
2-44                 (2)  this Act does not create an institution of higher
2-45     education entitled to funds under Section 17 or 18, Article VII,
2-46     Texas Constitution; and
2-47                 (3)  on or after the effective date of this Act, the
2-48     new institution is not eligible to receive funds under Section 17
2-49     or 18, Article VII, Texas Constitution.
2-50           SECTION 9.  AMENDMENT.  Subtitle F, Title 3, Education Code,
2-51     is amended by adding Chapter 114 to read as follows:
2-52                     CHAPTER 114.  CHIROPRACTIC COLLEGE
2-53           Sec. 114.001.  CHIROPRACTIC COLLEGE.  (a)  The chiropractic
2-54     college formerly constituting the Texas Chiropractic College,
2-55     operated as a nonprofit corporation and transferred to the state
2-56     pursuant to an Act of the 76th Legislature, Regular Session, 1999,
2-57     is a component of the higher education institution to which the
2-58     Texas Chiropractic College was transferred under that Act and is
2-59     under the management and control of the governing board of that
2-60     institution of higher education.
2-61           (b)  The governing board has the same powers and duties
2-62     concerning the institution as are conferred on it by law concerning
2-63     any component institution of the institution of higher education.
2-64           Sec. 114.002.  POWERS OF THE BOARD.  (a)  The governing board
2-65     may:
2-66                 (1)  provide for the training and teaching of students
2-67     seeking to become:
2-68                       (A)  chiropractors; or
2-69                       (B)  other technicians who provide services
 3-1     related to the practice of chiropractic medicine;
 3-2                 (2)  prescribe courses leading to degrees customarily
 3-3     offered in other leading United States chiropractic schools;
 3-4                 (3)  award the degrees described by Subdivision (2);
 3-5                 (4)  enter into an affiliation or coordinating
 3-6     agreement with an entity if reasonably necessary or desirable for
 3-7     the operation of a first-class school of chiropractic medicine;
 3-8                 (5)  make joint appointments with another institution
 3-9     of higher education; and
3-10                 (6)  adopt rules for the operation, control, and
3-11     management of the institution as necessary for the operation of a
3-12     first-class school of chiropractic medicine, including rules
3-13     governing the number of students that may be admitted to any
3-14     program at the institution.
3-15           (b)  The salary of a person who received a joint appointment
3-16     under Subsection (a)(5) must be apportioned among the institutions
3-17     to which the individual is appointed on the basis of the services
3-18     rendered.
3-19           SECTION 10.  NOTICE.  As soon as practicable after the date
3-20     the governing board of an institution of higher education certifies
3-21     that the institution of higher education has agreed to and
3-22     completed the transfer under Section 2 of this Act, the governing
3-23     board shall publish notice of that action in the Texas Register.
3-24           SECTION 11.  CONTINGENT EFFECT.  (a)  If a transfer of the
3-25     Texas Chiropractic College to an institution of higher education is
3-26     agreed to and approved under Section 2 of this Act, Section 9 of
3-27     this Act takes effect and applies beginning on the September 1 date
3-28     next following the date of the approval.
3-29           (b)  If a transfer of the Texas Chiropractic College to an
3-30     institution of higher education is not agreed to and approved under
3-31     Section 2 of this Act, Section 9 of this Act has no effect.
3-32           SECTION 12.  EFFECTIVE DATE.  Sections 1 through 8 and
3-33     Section 10 of this Act take effect immediately.
3-34           SECTION 13.  EMERGENCY.  The importance of this legislation
3-35     and the crowded condition of the calendars in both houses create an
3-36     emergency and an imperative public necessity that the
3-37     constitutional rule requiring bills to be read on three several
3-38     days in each house be suspended, and this rule is hereby suspended,
3-39     and that this Act take effect and be in force according to its
3-40     terms, and it is so enacted.
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