81R469 JRJ-D

By: Pena H.B. No. 110

A BILL TO BE ENTITLED

AN ACT

relating to establishing a health science center and medical school in the Rio Grande Valley.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter L, Chapter 74, Education Code, is amended to read as follows:

SUBCHAPTER L. THE UNIVERSITY OF TEXAS HEALTH SCIENCE

CENTER-- [LOWER] RIO GRANDE VALLEY [ACADEMIC HEALTH CENTER]

Sec. 74.611. HEALTH SCIENCE [AUTHORITY TO ESTABLISH OR PARTICIPATE IN] CENTER. (a) The board of regents of The University of Texas System shall operate The University of Texas Health Science Center--Rio Grande Valley as a component institution of The University of Texas System with its main campus and administrative offices located in the Rio Grande Valley. The health science center consists of a medical school, other health and health-related degree programs, and related programs and facilities as the board considers appropriate.

(b) The board of regents may include facilities located in [may establish a regional academic health center serving] Cameron, Hidalgo, Starr, and Willacy Counties in the health science center [counties,] and may operate programs and activities and provide related services of the center [include any medical institutions for participation in the program] in those [the aforementioned] counties [, if general revenue funds are specifically appropriated by the legislature for that purpose. The center may consist of facilities located throughout the region].

Sec. 74.612. PARTICIPATION IN AVAILABLE UNIVERSITY FUND. In accordance with Section 18(c), Article VII, Texas Constitution, if the Act enacting this section receives a vote of two-thirds of all the members elected to each house of the legislature, the institution created by this section is entitled to participate in the funding provided by Section 18, Article VII, Texas Constitution, for The University of Texas System.

Sec. 74.613. COURSES AND DEGREES; RULES. The board of regents may prescribe courses leading to customary degrees and may adopt rules for the operation, control, and management of the health science center as may be necessary for the conduct of a medical school and other health science center programs of the first class.

Sec. 74.614. AFFILIATION AGREEMENTS; JOINT APPOINTMENTS. (a) The board of regents may execute and carry out affiliation or coordination agreements with any other entity or institution in the region to [establish or to] participate in the health science center [establishment or operation of the center, which includes all traditional and all other providers of health services to the counties listed in this subsection].

(b) The board of regents may make joint appointments in the health science center and other institutions under the board's governance. The salary of a person who receives a joint appointment shall be apportioned to the appointing institutions on the basis of services rendered.

[(b) The board of regents may assign responsibility for the management of the regional academic health center to any component institution or institutions of The University of Texas System. The operating costs of the regional academic health center shall be paid from operating funds of the component institution and from available funds of any other public or private entity.

[(c) The regional academic health center may be used to provide undergraduate clinical education, graduate education, including residency training programs, or other levels of medical education work in the counties identified in Subsection (a) in connection with any component institution or institutions of The University of Texas System as the board of regents determines appropriate.]

Sec. 74.615 [74.612]. GIFTS AND GRANTS. The board of regents may accept and administer gifts and grants from any public or private person or entity for the use and benefit of the [regional academic] health science center.

Sec. 74.616 [74.613]. OTHER FACILITIES. In addition to the facilities of the health science center, the board of regents may enter into agreements under which additional [The physical] facilities [of the regional academic health center] used in the center's [its] teaching and research programs, including libraries, auditoriums, research facilities, and medical education buildings, may be provided by a public or private entity. [A physical facility may be constructed, maintained, or operated with state money appropriated for that purpose.]

Sec. 74.617 [74.614]. TEACHING HOSPITAL. A teaching hospital considered suitable by the board of regents for the health science center may be provided by a public or private entity. The hospital may not be constructed, maintained, or operated with state funds.

Sec. 74.618 [74.615]. COORDINATING BOARD SUPERVISION. The [regional academic] health science center is subject to the continuing supervision of the Texas Higher Education Coordinating Board under Chapter 61 and to the rules of the coordinating board adopted under Chapter 61.

SECTION 2. Section 55.1732, Education Code, is amended by adding Subsection (e) to read as follows:

(e) Bonds authorized or issued under this section for the regional academic health center established under Section 74.611 are considered to have been authorized or issued for The University of Texas Health Science Center--Rio Grande Valley when that institution is established.

SECTION 3. Section 61.003(5), Education Code, is amended to read as follows:

(5) "Medical and dental unit" means The University of Texas Medical Branch at Galveston; The University of Texas Southwestern Medical Center at Dallas; The University of Texas Medical School at San Antonio; The University of Texas Dental Branch at Houston; The University of Texas M.D. Anderson Cancer Center; The University of Texas Graduate School of Biomedical Sciences at Houston; The University of Texas Dental School at San Antonio; The University of Texas Medical School at Houston; The University of Texas Health Science Center--Rio Grande Valley; the nursing institutions of The University of Texas System; and The University of Texas School of Public Health at Houston; and such other medical or dental schools as may be established by statute or as provided in this chapter.

SECTION 4. Section 63.002(c), Education Code, is amended to read as follows:

(c) The amount available for distribution from the fund may be appropriated only for programs that benefit medical research, health education, or treatment programs at the following health-related institutions of higher education:

(1) The University of Texas Health Science Center at San Antonio;

(2) The University of Texas M. D. Anderson Cancer Center;

(3) The University of Texas Southwestern Medical Center at Dallas;

(4) The University of Texas Medical Branch at Galveston;

(5) The University of Texas Health Science Center at Houston;

(6) The University of Texas Health Science Center at Tyler;

(7) The University of Texas Health Science Center--Rio Grande Valley;

(8) The Texas A&M University Health Science Center;

(9) [(8)] the University of North Texas Health Science Center at Fort Worth;

(10) [(9)] the Texas Tech University Health Sciences Center; and

(11) [(10)] Baylor College of Medicine, if a contract between Baylor College of Medicine and the Texas Higher Education Coordinating Board is in effect under Section 61.092.

SECTION 5. Section 63.101(a), Education Code, is amended to read as follows:

(a) A separate permanent endowment fund is established for the benefit of each of the following institutions of higher education:

(1) The University of Texas Health Science Center at San Antonio;

(2) The University of Texas M. D. Anderson Cancer Center;

(3) The University of Texas Southwestern Medical Center at Dallas;

(4) The University of Texas Medical Branch at Galveston;

(5) The University of Texas Health Science Center at Houston;

(6) The University of Texas Health Science Center at Tyler;

(7) The University of Texas at El Paso;

(8) The Texas A&M University Health Science Center;

(9) the University of North Texas Health Science Center at Fort Worth;

(10) the components of the Texas Tech University Health Sciences Center located in El Paso;

(11) the components of the Texas Tech University Health Sciences Center at locations other than El Paso;

(12) The University of Texas Health Science Center--Rio Grande Valley [the regional academic health center established under Section 74.611]; and

(13) Baylor College of Medicine, if a contract between Baylor College of Medicine and the Texas Higher Education Coordinating Board is in effect under Section 61.092.

SECTION 6. Section 65.02(a), Education Code, is amended to read as follows:

(a) The University of Texas System is composed of the following institutions and entities:

(1) The University of Texas at Arlington, including:

(A) The University of Texas Institute of Urban Studies at Arlington; and

(B) The University of Texas School of Nursing at Arlington;

(2) The University of Texas at Austin, including:

(A) The University of Texas Marine Science Institute;

(B) The University of Texas McDonald Observatory at Mount Locke; and

(C) The University of Texas School of Nursing at Austin;

(3) The University of Texas at Dallas;

(4) The University of Texas at El Paso, including The University of Texas School of Nursing at El Paso;

(5) The University of Texas of the Permian Basin;

(6) The University of Texas at San Antonio, including the University of Texas Institute of Texan Cultures at San Antonio;

(7) The University of Texas Southwestern Medical Center at Dallas, including:

(A) The University of Texas Southwestern Medical School at Dallas;

(B) The University of Texas Southwestern Graduate School of Biomedical Sciences at Dallas; and

(C) The University of Texas Southwestern Allied Health Sciences School at Dallas;

(8) The University of Texas Medical Branch at Galveston, including:

(A) The University of Texas Medical School at Galveston;

(B) The University of Texas Graduate School of Biomedical Sciences at Galveston;

(C) The University of Texas School of Allied Health Sciences at Galveston;

(D) The University of Texas Marine Biomedical Institute at Galveston;

(E) The University of Texas Hospitals at Galveston; and

(F) The University of Texas School of Nursing at Galveston;

(9) The University of Texas Health Science Center at Houston, including:

(A) The University of Texas Medical School at Houston;

(B) The University of Texas Dental Branch at Houston;

(C) The University of Texas Graduate School of Biomedical Sciences at Houston;

(D) The University of Texas School of Health Information Sciences at Houston;

(E) The University of Texas School of Public Health at Houston;

(F) The University of Texas Speech and Hearing Institute at Houston; and

(G) The University of Texas School of Nursing at Houston;

(10) The University of Texas Health Science Center at San Antonio, including:

(A) The University of Texas Medical School at San Antonio;

(B) The University of Texas Dental School at San Antonio;

(C) The University of Texas Graduate School of Biomedical Sciences at San Antonio;

(D) The University of Texas School of Allied Health Sciences at San Antonio; and

(E) The University of Texas School of Nursing at San Antonio;

(11) The University of Texas M. D. Anderson Cancer Center, including:

(A) The University of Texas M. D. Anderson Hospital;

(B) The University of Texas M. D. Anderson Tumor Institute; and

(C) The University of Texas M. D. Anderson Science Park; and

(12) The University of Texas Health Science Center--Rio Grande Valley.

SECTION 7. (a) The board of regents of The University of Texas System shall convert the regional academic health center established under Subchapter L, Chapter 74, Education Code, as that subchapter existed before the effective date of this Act, into The University of Texas Health Science Center--Rio Grande Valley and establish a medical school at the health science center after this Act takes effect as soon as the board considers appropriate considering available resources and the best interests of The University of Texas System and the people of this state and the Lower Rio Grande Valley, but not later than the 2011-2012 academic year. In establishing the health science center and medical school, the board of regents shall ensure that the existing programs, students, and faculty and staff of the regional academic health center are not affected other than as the board considers necessary to implement this Act.

(b) It is the intent of the legislature that The University of Texas Health Science Center--Rio Grande Valley be established by conversion of the regional academic health center established under Subchapter L, Chapter 74, Education Code, as that subchapter existed before the effective date of this Act, and that those entities be considered to be the same institution. A reference in law to the regional academic health center applies to The University of Texas Health Science Center--Rio Grande Valley to the extent it can be made applicable. All contracts and agreements, including bonds and other financial obligations, entered into by The University of Texas System or any of its officers or employees relating to the regional academic health center apply to The University of Texas Health Science Center--Rio Grande Valley when the health science center is established.

(c) The permanent endowment fund established under Section 63.101, Education Code, for the benefit of the regional academic health center established under Subchapter L, Chapter 74, Education Code, as that subchapter existed before the effective date of this Act, is transferred to the benefit of The University of Texas Health Science Center--Rio Grande Valley when the health science center is established. It is the intent of the legislature that the transfer of the endowment fund be made so as not to interrupt the research or other programs supported by distributions from the fund.

SECTION 8. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.