82R1361 KYF-F

By: Branch H.B. No. 2630

A BILL TO BE ENTITLED

AN ACT

relating to the formal recognition of The Texas A&M University System Health Science Center and to administration of the health institutions and programs of the system.

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

SECTION 1. Subtitle D, Title 3, Education Code, is amended by adding Chapter 89 to read as follows:

CHAPTER 89. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE CENTER

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 89.001. DEFINITIONS. In this chapter:

(1) "Board" means the board of regents of The Texas A&M University System.

(2) "Coordinating board" means the Texas Higher Education Coordinating Board.

(3) "Health science center" means The Texas A&M University System Health Science Center.

Sec. 89.002. COMPOSITION. The Texas A&M University System Health Science Center is composed of the following component institutions, agencies, and programs under the management and control of the board of regents of The Texas A&M University System:

(1) The Texas A&M University System Health Science Center College of Medicine;

(2) The Texas A&M University System Health Science Center Baylor College of Dentistry;

(3) The Texas A&M University System Health Science Center School of Rural Public Health;

(4) The Texas A&M University System Health Science Center Irma Lerma Rangel College of Pharmacy;

(5) The Texas A&M University System Health Science Center College of Nursing;

(6) The Texas A&M University System Health Science Center School of Graduate Studies;

(7) The Texas A&M University System Health Science Center Institute of Biosciences and Technology;

(8) The Texas A&M University System Health Science Center Coastal Bend Health Education Center;

(9) The Texas A&M University System Health Science Center Rural and Community Health Institute; and

(10) other schools, colleges, institutes, and agencies assigned to the health science center, provided that those schools, colleges, institutes, and agencies may also be dissolved, merged, or eliminated in the same manner in which they were assigned.

Sec. 89.003. JOINT APPOINTMENTS. (a) A person may be appointed to serve the health science center and its component institutions and one or more other institutions in The Texas A&M University System.

(b) The salary of a person who receives a joint appointment under this section must be apportioned among the institutions to which the person is appointed on the basis of the services rendered.

Sec. 89.004. ACQUISITION OF GOODS AND SERVICES. (a) The health science center and its component institutions may acquire goods or services by the method that provides the best value to the center or component institution, including:

(1) competitive bidding;

(2) competitive sealed proposals;

(3) catalog purchase;

(4) a group purchasing program; or

(5) an open market contract.

(b) In determining what is the best value to the health science center or a component institution, the center shall consider:

(1) the purchase price;

(2) the reputation of the vendor and of the vendor's goods or services;

(3) the quality of the vendor's goods or services;

(4) the extent to which the goods or services meet the center's or component institution's needs;

(5) the vendor's past relationship with the center or a component institution;

(6) the impact on the ability of the center or component institution to comply with applicable laws relating to historically underutilized businesses;

(7) the total long-term cost to the center or component institution of acquiring the vendor's goods or services; and

(8) any other relevant factor that a private business entity would consider in selecting a vendor.

(c) The state auditor may audit purchases of goods or services by the health science center and its component institutions.

(d) The health science center may adopt rules and procedures for the acquisition of goods or services.

(e) To the extent of any conflict, this section prevails over any other law relating to the purchase of goods and services except a law relating to contracting with historically underutilized businesses.

(f) Except as otherwise provided by this section, Subtitle D, Title 10, Government Code, and Chapter 2254, Government Code, do not apply to the purchase of goods and services by the health science center and its component institutions.

Sec. 89.005. EXPENDITURE OF STATE FUNDS. The board is authorized to expend funds appropriated to it by the legislature for all lawful purposes of the health science center and its component institutions as well as funds available under the authority of Section 18, Article VII, Texas Constitution, for the purposes expressed in that section for the support of the health science center and its component institutions.

Sec. 89.006. GIFTS AND GRANTS. The board may solicit, accept, and administer, on terms and conditions satisfactory to the board, grants or gifts of property in aid of the planning, establishment, conduct, and operation of the health science center and its component institutions and in aid of research and teaching at the health science center and its component institutions. The board may accept from the federal government or any foundation, trust fund, corporation, or individual donations, gifts, and grants, including real property, libraries, laboratories, equipment, records, or money for the use and benefit of the health science center and its component institutions.

[Sections 89.007-89.050 reserved for expansion]

SUBCHAPTER B. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE

CENTER COLLEGE OF MEDICINE

Sec. 89.051. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE CENTER COLLEGE OF MEDICINE. The board shall maintain The Texas A&M University System Health Science Center College of Medicine as a component institution of the health science center.

Sec. 89.052. SCOPE; DEGREE PROGRAMS; RULES. (a) The board may prescribe courses leading to customary degrees offered in other leading American medical colleges and award those degrees, and may adopt other rules for the operation, control, and management of the school, including the determination of the number of students admitted to any degree program, that are necessary for the operation of a professional school of the first class.

(b) The board may authorize programs in graduate medical education leading to certifications in recognized medical specialties.

Sec. 89.053. AGREEMENTS. The board may execute and carry out with any entity or institution affiliation or coordinating agreements that are reasonably necessary or desirable for the operation of a professional school of the first class.

[Sections 89.054-89.100 reserved for expansion]

SUBCHAPTER C. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE

CENTER BAYLOR COLLEGE OF DENTISTRY

Sec. 89.101. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE CENTER BAYLOR COLLEGE OF DENTISTRY. The board shall maintain The Texas A&M University System Health Science Center Baylor College of Dentistry as a component institution of the health science center.

Sec. 89.102. SCOPE; DEGREE PROGRAMS; RULES. (a) The board may prescribe courses leading to customary degrees offered by other leading American dental schools and award those degrees, and may adopt other rules for the operation, control, and management of the school, including the determination of the number of students admitted to any degree program, that are necessary for the operation of a professional school of the first class.

(b) The board may authorize programs in graduate dental education leading to certifications in recognized dental specialties.

Sec. 89.103. AGREEMENTS. The board may execute and carry out with any entity or institution affiliation or coordinating agreements that are reasonably necessary or desirable for the operation of a professional school of the first class.

[Sections 89.104-89.150 reserved for expansion]

SUBCHAPTER D. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE

CENTER SCHOOL OF RURAL PUBLIC HEALTH

Sec. 89.151. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE CENTER SCHOOL OF RURAL PUBLIC HEALTH. The board shall maintain The Texas A&M University System Health Science Center School of Rural Public Health as a component institution of the health science center.

Sec. 89.152. SCOPE; DEGREE PROGRAMS; RULES. The board may prescribe courses leading to customary degrees offered in other leading American schools of public health and award those degrees, and may adopt other rules for the operation, control, and management of the school, including the determination of the number and nationality of students admitted to any degree program, that are necessary for the operation of a professional school of the first class.

Sec. 89.153. AGREEMENTS. The board may execute and carry out with any entity or institution affiliation or coordinating agreements that are reasonably necessary or desirable for the operation of a professional school of the first class.

[Sections 89.154-89.200 reserved for expansion]

SUBCHAPTER E. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE

CENTER IRMA LERMA RANGEL COLLEGE OF PHARMACY

Sec. 89.201. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE CENTER IRMA LERMA RANGEL COLLEGE OF PHARMACY. (a) The board shall maintain a college of pharmacy as a component of the health science center.

(b) The college shall be known as The Texas A&M University System Health Science Center Irma Lerma Rangel College of Pharmacy, and the primary building in which the school is operated in Kleberg County must include "Irma Rangel" in its official name.

Sec. 89.202. SCOPE; DEGREE PROGRAMS; RULES. The board may prescribe courses leading to customary degrees offered at other leading American schools of pharmacy and award those degrees, and may adopt other rules for the operation, control, and management of the school, including the determination of the number of students admitted to any degree program, that are necessary for the operation of a professional school of the first class.

Sec. 89.203. AGREEMENTS. The board may execute and carry out with any entity or institution affiliation or coordinating agreements that are reasonably necessary or desirable for the operation of a professional school of the first class.

[Sections 89.204-89.250 reserved for expansion]

SUBCHAPTER F. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE

CENTER COLLEGE OF NURSING

Sec. 89.251. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE CENTER COLLEGE OF NURSING. The board shall maintain The Texas A&M University System Health Science Center College of Nursing as a component institution of the health science center.

Sec. 89.252. SCOPE; DEGREE PROGRAMS; RULES. The board may prescribe courses leading to customary degrees offered in other leading American schools of nursing and award those degrees, and may adopt other rules for the operation, control, and management of the school, including the determination of the number of students admitted to any degree program, that are necessary for the operation of a professional school of the first class.

Sec. 89.253. AGREEMENTS. The board may execute and carry out with any entity or institution affiliation or coordinating agreements that are reasonably necessary or desirable for the operation of a professional school of the first class.

[Sections 89.254-89.300 reserved for expansion]

SUBCHAPTER G. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE

CENTER SCHOOL OF GRADUATE STUDIES

Sec. 89.301. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE CENTER SCHOOL OF GRADUATE STUDIES. The board shall maintain The Texas A&M University System Health Science Center School of Graduate Studies as a component institution of the health science center.

Sec. 89.302. SCOPE; DEGREE PROGRAMS; RULES. (a) The board may prescribe courses and conduct graduate and postdoctoral degree programs at the master's and doctoral levels in the health sciences and other academic areas directly related to medical education and research.

(b) The board may adopt rules necessary for the operation, control, and management of the graduate school.

Sec. 89.303. AGREEMENTS. The board may execute and carry out with any entity or institution affiliation or coordinating agreements that are reasonably necessary or desirable for the operation of a professional school of the first class.

[Sections 89.304-89.350 reserved for expansion]

SUBCHAPTER H. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE

CENTER INSTITUTE OF BIOSCIENCES AND TECHNOLOGY

Sec. 89.351. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE CENTER INSTITUTE OF BIOSCIENCES AND TECHNOLOGY. The board shall maintain the Institute of Biosciences and Technology as a component institution of the health science center.

Sec. 89.352. PURPOSE. The purposes, objectives, and duties of the institute are to:

(1) conduct pioneering life science research that encourages the development of new technologies of importance for human health care;

(2) provide national leadership in scientific areas such as animal and human genetics that will result in advances in the treatment and prevention of human diseases; and

(3) establish interdisciplinary programs with other research institutions in this state that will provide a technology and education base to strengthen state industries in biotechnology and related areas and attract new biotechnology-based industries to this state.

Sec. 89.353. AGREEMENTS. In fulfilling its purposes, objectives, and duties, the institute may enter into agreements and cooperate with private and public research entities.

[Sections 89.354-89.400 reserved for expansion]

SUBCHAPTER I. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE

CENTER COASTAL BEND HEALTH EDUCATION CENTER

Sec. 89.401. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE CENTER COASTAL BEND HEALTH EDUCATION CENTER. The board shall maintain The Texas A&M University System Health Science Center Coastal Bend Health Education Center as a component institution of the health science center.

Sec. 89.402. SCOPE; PROGRAMS. (a) The health education center may develop and provide community-based instructional sites for the education of health care professionals and the delivery of health education outreach programs.

(b) The health education center may develop programs to address health care workforce shortages and health-related issues particularly endemic to the coastal bend region.

(c) The health education center may operate educational facilities located throughout the coastal bend area as determined by the board.

(d) The health education center may be used to provide undergraduate clinical education, graduate education, or other levels of health care education work, including work in the areas related to the education of medical, dental, nursing, public health, or other health-related professionals, in the region served by the health education center in connection with any component institution or institutions of The Texas A&M University System as the board determines appropriate.

(e) The health education center may:

(1) use community outreach programs to provide persons receiving education at the health education center with any necessary experience; and

(2) conduct research programs related to:

(A) areas in which education or outreach programs are provided by the health education center; or

(B) public health issues arising in or prevalent in the region served by the health education center.

[Sections 89.403-89.450 reserved for expansion]

SUBCHAPTER J. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE

CENTER RURAL AND COMMUNITY HEALTH INSTITUTE

Sec. 89.451. THE TEXAS A&M UNIVERSITY SYSTEM HEALTH SCIENCE CENTER RURAL AND COMMUNITY HEALTH INSTITUTE. The board shall maintain The Texas A&M University System Health Science Center Rural and Community Health Institute as an agency in the health science center.

Sec. 89.452. SCOPE; PURPOSE (a) The institute shall serve as an extension center to assist health care providers at the point of care with a broad range of support, including continuing medical education, information about new and innovative health care techniques and services, and other information and assistance intended to assure the best available health care throughout this state with particular emphasis on rural locations.

(b) The institute shall facilitate coordination and enhancement of rural and community health care services, including medical professional peer review.

(c) The institute may include any public and private medical, dental, nursing, or other health care or educational institutions in the programs coordinated or administered by the institute.

(d) The institute may plan, oversee, and evaluate training and retraining programs and curricula for medical professionals.

Sec. 89.453. AGREEMENTS. The board may execute and carry out affiliation or coordination agreements with any educational or health-related entity or institution, including a traditional or other health service provider, to establish or participate in the operation of the institute.

SECTION 2. Section 61.003(5), Education Code, is amended to read as follows:

(5) "Medical and dental unit" means The Texas A&M University Health Science Center and its component institutions, institutes, and agencies; 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--South Texas and its component institutions, if established under Subchapter N, Chapter 74; the nursing institutions of The Texas A&M University System and 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 3. The following are repealed:

(1) Subchapters D, F, G, and H, Chapter 86, Education Code; and

(2) Subchapter I, Chapter 87, Education Code.

SECTION 4. As soon as practicable after this Act takes effect, the board of regents of The Texas A&M University System shall adopt a transition plan for the orderly implementation of this Act. In adopting and implementing the plan, the board may transfer personnel, obligations, property, and money, including appropriations, within the system, as the board considers appropriate to implement this Act.

SECTION 5. 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, 2011.