79R7462 CAS-D

By:  Talton                                                       H.B. No. 2768


A BILL TO BE ENTITLED
AN ACT
relating to the transfer of the Texas Chiropractic College to the University of Houston System. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. AMENDMENT. Chapter 111, Education Code, is amended by adding Subchapter I to read as follows:
SUBCHAPTER I. THE UNIVERSITY OF HOUSTON SYSTEM--TEXAS CHIROPRACTIC COLLEGE
Sec. 111.121. DEFINITION. In this subchapter, "college" means the University of Houston System--Texas Chiropractic College. Sec. 111.122. ESTABLISHMENT. The University of Houston System--Texas Chiropractic College is a component institution of the University of Houston System under the management and control of the board of regents of the University of Houston System. Sec. 111.123. POWERS AND DUTIES OF BOARD. (a) The board of regents has the same powers and duties concerning the University of Houston System--Texas Chiropractic College as are conferred on the board by law concerning any other component institution of the University of Houston System. (b) The board of regents in operating the college may: (1) provide for the training and teaching of students seeking to become: (A) doctors of chiropractic; or (B) other technicians who provide services related to the practice of chiropractic; (2) prescribe courses leading to degrees customarily offered in other leading United States chiropractic colleges; (3) award the degrees described by Subdivision (2); (4) enter into an affiliation or coordinating agreement with another entity if reasonably necessary or desirable for the operation of a chiropractic college of the first class; (5) make joint appointments in the college and another component institution of the University of Houston System; and (6) adopt rules for the operation, control, and management of the college as necessary for the operation of a chiropractic college of the first class, including rules governing the number of students that may be admitted to any program at the college. (c) The salary of a person who receives a joint appointment under Subsection (b)(5) must be apportioned among the institutions to which the individual is appointed on the basis of the services provided. SECTION 2. TRANSFER OF GOVERNANCE OF COLLEGE; NAME CHANGE. The governance, control, management, and property of the Texas Chiropractic College, a Texas nonprofit corporation, are transferred from the board of trustees of the college to the board of regents of the University of Houston System on September 1, 2005. On that date, the name of the college is changed to the University of Houston System--Texas Chiropractic College. The transfer is governed by Sections 3 through 8 of this Act. SECTION 3. POWERS AND DUTIES; RULES AND POLICIES. (a) The board of regents of the University of Houston System shall govern, operate, manage, and control the University of Houston System--Texas Chiropractic College and all land, buildings, facilities, improvements, equipment, supplies, and property belonging to and constituting the University of Houston System--Texas Chiropractic College under the powers and duties conferred by law on the board of regents. (b) The University of Houston System--Texas Chiropractic College may continue to award degrees in the same disciplines and of the same academic standing as the Texas Chiropractic College, subject to the continuing review of the Texas Higher Education Coordinating Board. A new degree program at the University of Houston System--Texas Chiropractic College is subject to the same approval process that applies to a new degree program at other institutions of higher education, as defined by Section 61.003. (c) Any rule or policy adopted by the board of trustees of the Texas Chiropractic College to govern the college that is in effect when the transfer takes effect and that is not in conflict with state statute is continued in effect until adopted, repealed, or superseded by the board of regents of the University of Houston System. The board of regents of the University of Houston System may adopt rules and policies applicable to the University of Houston System--Texas Chiropractic College in anticipation of the transfer authorized by this Act. SECTION 4. CONTRACTS AND WRITTEN OBLIGATIONS. A contract or other written obligation entered into by the board of trustees of the Texas Chiropractic College for and on behalf of the Texas Chiropractic College is ratified, confirmed, and validated by the board of regents of the University of Houston System on the effective date of the transfer. In each contract or other written obligation, the board of regents of the University of Houston System is substituted for and stands and acts in the place of the board of trustees of the Texas Chiropractic College to the extent permitted by law. SECTION 5. TRANSFER OF FUNDING. Any funds that, on the effective date of the transfer, have been dedicated to or are held for the use and benefit of the Texas Chiropractic College under the governance of the board of trustees are transferred to the board of regents of the University of Houston System for the use and benefit of the University of Houston System--Texas Chiropractic College. SECTION 6. EFFECT OF TRANSFER ON STUDENTS. (a) The transfer of the governance, operation, management, and control of the Texas Chiropractic College to the board of regents of the University of Houston System does not affect the credit hours earned by a student enrolled at the Texas Chiropractic College before the effective date of the transfer. (b) The tuition rate charged by the Texas Chiropractic College for the 2005 fall semester remains in effect for the remainder of the semester following the transfer of the institution. SECTION 7. EFFECT OF TRANSFER ON EMPLOYEES. For purposes of determining employment benefits, an employee of the Texas Chiropractic College on September 1, 2005, shall be treated in the same manner as any other new employee of the University of Houston System, except that the employee shall be given credit for any years of service at the Texas Chiropractic College for the purpose of accruing annual leave as a state employee. SECTION 8. LEGISLATIVE INTENT; ROLE OF COORDINATING BOARD. (a) It is the intent of the legislature that: (1) the effect of this Act is to transfer the governance of the existing Texas Chiropractic College from the board of trustees of the college as a nonprofit corporation to the board of regents of the University of Houston System; and (2) this Act does not create an institution of higher education entitled to receive funds under Section 17, Article VII, Texas Constitution. (b) It is also the intent of the legislature that the transfer of the governance of the Texas Chiropractic College to the board of regents of the University of Houston System be made without disrupting the students, faculty, staff, or programs of the college. If the board of trustees of the Texas Chiropractic College and the board of regents of the University of Houston System are unable to agree as to any matter relating to the transfer, the Texas Higher Education Coordinating Board, on application of either board, shall resolve the disagreement consistent with the intent of this section and the provisions of this Act as the coordinating board determines is in the best interest of this state and the institutions. The coordinating board may issue any order or take any other action the coordinating board considers appropriate to enforce this section or to facilitate the transfer consistent with this Act. SECTION 9. AMENDMENT. The heading to Subchapter O, Chapter 61, Education Code, is amended to read as follows:
SUBCHAPTER O. CONTRACTS WITH [TEXAS CHIROPRACTIC COLLEGE AND] PARKER COLLEGE OF CHIROPRACTIC
SECTION 10. AMENDMENT. Section 61.772, Education Code, is amended to read as follows: Sec. 61.772. CONTRACT [CONTRACTS] WITH [TEXAS CHIROPRACTIC COLLEGE AND] PARKER COLLEGE OF CHIROPRACTIC. The board may contract with [Texas Chiropractic College and] Parker College of Chiropractic for the preparation or instruction of Texas resident undergraduate chiropractic students as doctors of chiropractic. SECTION 11. REPEALER. Chapter 114, Education Code, is repealed. SECTION 12. EFFECTIVE DATE. This Act takes effect September 1, 2005.