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.