Texas 2009 - 81st Regular

Texas House Bill HB65 Compare Versions

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1	1	81R21706 JRJ-F
2	2	By: Lucio III, Martinez, Rios Ybarra, Pea, H.B. No. 65
3	3	Oliveira, et al.
4	4	Substitute the following for H.B. No. 65:
5	5	By: Branch C.S.H.B. No. 65
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to establishing a health science center and medical school
11	11	in South Texas.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Chapter 74, Education Code, is amended by adding
14	14	Subchapter N to read as follows:
15	15	SUBCHAPTER N. THE UNIVERSITY OF TEXAS HEALTH
16	16	SCIENCE CENTER--SOUTH TEXAS
17	17	Sec. 74.751. HEALTH SCIENCE CENTER. (a) The board of
18	18	regents of The University of Texas System may operate The
19	19	University of Texas Health Science Center--South Texas as a
20	20	component institution of The University of Texas System with its
21	21	main campus and administrative offices in Cameron County. The
22	22	health science center may consist of a medical school, as provided
23	23	by Section 74.752, other health and health-related degree programs,
24	24	and related programs and facilities as the board considers
25	25	appropriate.
26	26	(b) The board of regents may include facilities located in
27	27	Brooks, Cameron, Hidalgo, Jim Hogg, Kenedy, Kleberg, Starr,
28	28	Willacy, and Zapata Counties in the health science center and may
29	29	operate programs and activities and provide related services of the
30	30	center in those counties.
31	31	Sec. 74.752. MEDICAL SCHOOL. If The University of Texas
32	32	Health Science Center--South Texas is established under Section
33	33	74.751, The University of Texas Medical School--South Texas may be
34	34	established as a component of the health science center and as a
35	35	component institution of The University of Texas System under the
36	36	management and control of the board of regents of The University of
37	37	Texas System.
38	38	Sec. 74.753. PARTICIPATION IN AVAILABLE UNIVERSITY FUND.
39	39	In accordance with Section 18(c), Article VII, Texas Constitution,
40	40	if the Act enacting this section receives a vote of two-thirds of
41	41	all the members elected to each house of the legislature, and if an
42	42	institution is established under this subchapter, the institution
43	43	is entitled to participate in the funding provided by Section 18,
44	44	Article VII, Texas Constitution, for The University of Texas
45	45	System.
46	46	Sec. 74.754. COURSES AND DEGREES; RULES. The board of
47	47	regents may prescribe courses leading to customary degrees and may
48	48	adopt rules for the operation, control, and management of the
49	49	health science center as may be necessary for the conduct of a
50	50	medical school and other health science center programs of the
51	51	first class.
52	52	Sec. 74.755. AFFILIATION AGREEMENTS; JOINT APPOINTMENTS.
53	53	(a) The board of regents may execute and carry out affiliation or
54	54	coordination agreements with any other entity or institution in the
55	55	region.
56	56	(b) The board of regents may make joint appointments in the
57	57	health science center, its component institutions, and other
58	58	institutions under the board's governance. The salary of a person
59	59	who receives a joint appointment shall be apportioned to the
60	60	appointing institutions on the basis of services rendered.
61	61	Sec. 74.756. GIFTS AND GRANTS; OTHER FUNDING. (a) The
62	62	board of regents may accept and administer gifts and grants from any
63	63	public or private person or entity for the use and benefit of the
64	64	health science center and its component institutions.
65	65	(b) Notwithstanding any other provision of this subchapter,
66	66	establishment of the health science center is subject to the
67	67	availability of funding, either through appropriation or from
68	68	another source.
69	69	Sec. 74.757. OTHER FACILITIES. In addition to the
70	70	facilities of the health science center and its component
71	71	institutions, the board of regents may enter into agreements under
72	72	which additional facilities used in the center's teaching and
73	73	research programs, including libraries, auditoriums, research
74	74	facilities, and medical education buildings, may be provided by a
75	75	public or private entity.
76	76	Sec. 74.758. TEACHING HOSPITAL. A teaching hospital
77	77	considered suitable by the board of regents for the health science
78	78	center may be provided by a public or private entity. The hospital
79	79	may not be constructed, maintained, or operated with state funds.
80	80	Sec. 74.759. COORDINATING BOARD SUPERVISION. The health
81	81	science center is subject to the continuing supervision of the
82	82	Texas Higher Education Coordinating Board under Chapter 61 and to
83	83	the rules of the coordinating board adopted under Chapter 61.
84	84	Sec. 74.760. EFFECT OF HEALTH SCIENCE CENTER ON LOWER RIO
85	85	GRANDE VALLEY ACADEMIC HEALTH CENTER. (a) The board of regents may
86	86	convert the regional academic health center established under
87	87	Subchapter L into The University of Texas Health Science
88	88	Center--South Texas and may establish The University of Texas
89	89	Medical School--South Texas at the health science center as soon as
90	90	the board considers appropriate considering available resources
91	91	and the best interests of The University of Texas System and the
92	92	people of this state and the South Texas region. In establishing
93	93	the health science center and medical school, the board of regents
94	94	shall ensure that the programs, students, and faculty and staff of
95	95	the regional academic health center are not affected other than as
96	96	the board considers necessary to implement this subchapter.
97	97	(b) It is the intent of the legislature that The University
98	98	of Texas Health Science Center--South Texas and its component
99	99	institutions be established by conversion of the regional academic
100	100	health center established under Subchapter L and that those
101	101	entities be considered to be the same institution. A reference in
102	102	law to the regional academic health center applies to The
103	103	University of Texas Health Science Center--South Texas to the
104	104	extent it can be made applicable. All contracts and agreements,
105	105	including bonds and other financial obligations, entered into by
106	106	The University of Texas System or any of its officers or employees
107	107	relating to the regional academic health center apply to The
108	108	University of Texas Health Science Center--South Texas when the
109	109	health science center is established.
110	110	(c) The permanent endowment fund established under Section
111	111	63.101 for the benefit of the regional academic health center
112	112	established under Subchapter L is transferred to the benefit of The
113	113	University of Texas Health Science Center--South Texas and its
114	114	component institutions when the health science center is
115	115	established. It is the intent of the legislature that the transfer
116	116	of the permanent endowment fund be made so as not to interrupt the
117	117	research or other programs supported by distributions from the
118	118	fund.
119	119	SECTION 2. Section 55.1732, Education Code, is amended by
120	120	adding Subsection (e) to read as follows:
121	121	(e) Bonds authorized or issued under this section for the
122	122	regional academic health center established under Section 74.611
123	123	are considered to have been authorized or issued for The University
124	124	of Texas Health Science Center--South Texas and its component
125	125	institutions if the health science center is established.
126	126	SECTION 3. Section 61.003(5), Education Code, is amended to
127	127	read as follows:
128	128	(5) "Medical and dental unit" means The University of
129	129	Texas Medical Branch at Galveston; The University of Texas
130	130	Southwestern Medical Center at Dallas; The University of Texas
131	131	Medical School at San Antonio; The University of Texas Dental
132	132	Branch at Houston; The University of Texas M.D. Anderson Cancer
133	133	Center; The University of Texas Graduate School of Biomedical
134	134	Sciences at Houston; The University of Texas Dental School at San
135	135	Antonio; The University of Texas Medical School at Houston; The
136	136	University of Texas Health Science Center--South Texas and its
137	137	component institutions, if established under Subchapter N, Chapter
138	138	74; the nursing institutions of The University of Texas System; and
139	139	The University of Texas School of Public Health at Houston; and such
140	140	other medical or dental schools as may be established by statute or
141	141	as provided in this chapter.
142	142	SECTION 4. Section 63.002(c), Education Code, is amended to
143	143	read as follows:
144	144	(c) The amount available for distribution from the fund may
145	145	be appropriated only for programs that benefit medical research,
146	146	health education, or treatment programs at the following
147	147	health-related institutions of higher education:
148	148	(1) The University of Texas Health Science Center at
149	149	San Antonio;
150	150	(2) The University of Texas M. D. Anderson Cancer
151	151	Center;
152	152	(3) The University of Texas Southwestern Medical
153	153	Center at Dallas;
154	154	(4) The University of Texas Medical Branch at
155	155	Galveston;
156	156	(5) The University of Texas Health Science Center at
157	157	Houston;
158	158	(6) The University of Texas Health Science Center at
159	159	Tyler;
160	160	(7) The University of Texas Health Science
161	161	Center--South Texas and its component institutions, if established
162	162	under Subchapter N, Chapter 74;
163	163	(8) The Texas A&M University Health Science Center;
164	164	(9) [(8)] the University of North Texas Health Science
165	165	Center at Fort Worth;
166	166	(10) [(9)] the Texas Tech University Health Sciences
167	167	Center; and
168	168	(11) [(10)] Baylor College of Medicine, if a contract
169	169	between Baylor College of Medicine and the Texas Higher Education
170	170	Coordinating Board is in effect under Section 61.092.
171	171	SECTION 5. Section 65.02(a), Education Code, is amended to
172	172	read as follows:
173	173	(a) The University of Texas System is composed of the
174	174	following institutions and entities:
175	175	(1) The University of Texas at Arlington, including:
176	176	(A) The University of Texas Institute of Urban
177	177	Studies at Arlington; and
178	178	(B) The University of Texas School of Nursing at
179	179	Arlington;
180	180	(2) The University of Texas at Austin, including:
181	181	(A) The University of Texas Marine Science
182	182	Institute;
183	183	(B) The University of Texas McDonald Observatory
184	184	at Mount Locke; and
185	185	(C) The University of Texas School of Nursing at
186	186	Austin;
187	187	(3) The University of Texas at Dallas;
188	188	(4) The University of Texas at El Paso, including The
189	189	University of Texas School of Nursing at El Paso;
190	190	(5) The University of Texas of the Permian Basin;
191	191	(6) The University of Texas at San Antonio, including
192	192	the University of Texas Institute of Texan Cultures at San Antonio;
193	193	(7) The University of Texas Southwestern Medical
194	194	Center at Dallas, including:
195	195	(A) The University of Texas Southwestern Medical
196	196	School at Dallas;
197	197	(B) The University of Texas Southwestern
198	198	Graduate School of Biomedical Sciences at Dallas; and
199	199	(C) The University of Texas Southwestern Allied
200	200	Health Sciences School at Dallas;
201	201	(8) The University of Texas Medical Branch at
202	202	Galveston, including:
203	203	(A) The University of Texas Medical School at
204	204	Galveston;
205	205	(B) The University of Texas Graduate School of
206	206	Biomedical Sciences at Galveston;
207	207	(C) The University of Texas School of Allied
208	208	Health Sciences at Galveston;
209	209	(D) The University of Texas Marine Biomedical
210	210	Institute at Galveston;
211	211	(E) The University of Texas Hospitals at
212	212	Galveston; and
213	213	(F) The University of Texas School of Nursing at
214	214	Galveston;
215	215	(9) The University of Texas Health Science Center at
216	216	Houston, including:
217	217	(A) The University of Texas Medical School at
218	218	Houston;
219	219	(B) The University of Texas Dental Branch at
220	220	Houston;
221	221	(C) The University of Texas Graduate School of
222	222	Biomedical Sciences at Houston;
223	223	(D) The University of Texas School of Health
224	224	Information Sciences at Houston;
225	225	(E) The University of Texas School of Public
226	226	Health at Houston;
227	227	(F) The University of Texas Speech and Hearing
228	228	Institute at Houston; and
229	229	(G) The University of Texas School of Nursing at
230	230	Houston;
231	231	(10) The University of Texas Health Science Center at
232	232	San Antonio, including:
233	233	(A) The University of Texas Medical School at San
234	234	Antonio;
235	235	(B) The University of Texas Dental School at San
236	236	Antonio;
237	237	(C) The University of Texas Graduate School of
238	238	Biomedical Sciences at San Antonio;
239	239	(D) The University of Texas School of Allied
240	240	Health Sciences at San Antonio; and
241	241	(E) The University of Texas School of Nursing at
242	242	San Antonio;
243	243	(11) The University of Texas M. D. Anderson Cancer
244	244	Center, including:
245	245	(A) The University of Texas M. D. Anderson
246	246	Hospital;
247	247	(B) The University of Texas M. D. Anderson Tumor
248	248	Institute; and
249	249	(C) The University of Texas M. D. Anderson
250	250	Science Park; and
251	251	(12) The University of Texas Health Science
252	252	Center--South Texas, including The University of Texas Medical
253	253	School--South Texas, if established under Subchapter N, Chapter 74.
254	254	SECTION 6. No funds for a state fiscal biennium ending on or
255	255	before August 31, 2015, may be appropriated for the purposes of
256	256	Subchapter N, Chapter 74, Education Code, as added by this Act.
257	257	SECTION 7. This Act takes effect immediately if it receives
258	258	a vote of two-thirds of all the members elected to each house, as
259	259	provided by Section 39, Article III, Texas Constitution. If this
260	260	Act does not receive the vote necessary for immediate effect, this
261	261	Act takes effect September 1, 2009.