Texas 2009 - 81st Regular

Texas Senate Bill SB98 Compare Versions

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1	1	S.B. No. 98
2	2
3	3
4	4	AN ACT
5	5	relating to establishing a health science center and medical school
6	6	in South Texas.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 74, Education Code, is amended by adding
9	9	Subchapter N to read as follows:
10	10	SUBCHAPTER N. THE UNIVERSITY OF TEXAS HEALTH
11	11	SCIENCE CENTER--SOUTH TEXAS
12	12	Sec. 74.751. HEALTH SCIENCE CENTER. (a) The board of
13	13	regents of The University of Texas System may operate The
14	14	University of Texas Health Science Center--South Texas as a
15	15	component institution of The University of Texas System with its
16	16	main campus and administrative offices in Cameron County. The
17	17	health science center may consist of a medical school, as provided
18	18	by Section 74.752, other health and health-related degree programs,
19	19	and related programs and facilities as the board considers
20	20	appropriate.
21	21	(b) The board of regents may include facilities located in
22	22	Bee, Brooks, Cameron, Hidalgo, Jim Hogg, Jim Wells, Kenedy,
23	23	Kleberg, Nueces, Starr, Willacy, and Zapata Counties in the health
24	24	science center and may operate programs and activities and provide
25	25	related services of the center in those counties.
26	26	Sec. 74.752. MEDICAL SCHOOL. If The University of Texas
27	27	Health Science Center--South Texas is established under Section
28	28	74.751, The University of Texas Medical School--South Texas may be
29	29	established as a component of the health science center and as a
30	30	component institution of The University of Texas System under the
31	31	management and control of the board of regents of The University of
32	32	Texas System.
33	33	Sec. 74.753. PARTICIPATION IN AVAILABLE UNIVERSITY FUND.
34	34	In accordance with Section 18(c), Article VII, Texas Constitution,
35	35	if the Act enacting this section receives a vote of two-thirds of
36	36	all the members elected to each house of the legislature, and if an
37	37	institution is established under this subchapter, the institution
38	38	is entitled to participate in the funding provided by Section 18,
39	39	Article VII, Texas Constitution, for The University of Texas
40	40	System.
41	41	Sec. 74.754. COURSES AND DEGREES; RULES. The board of
42	42	regents may prescribe courses leading to customary degrees and may
43	43	adopt rules for the operation, control, and management of the
44	44	health science center as may be necessary for the conduct of a
45	45	medical school and other health science center programs of the
46	46	first class.
47	47	Sec. 74.755. AFFILIATION AGREEMENTS; JOINT APPOINTMENTS.
48	48	(a) The board of regents may execute and carry out affiliation or
49	49	coordination agreements with any other entity or institution in the
50	50	region.
51	51	(b) The board of regents may make joint appointments in the
52	52	health science center, its component institutions, and other
53	53	institutions under the board's governance. The salary of a person
54	54	who receives a joint appointment shall be apportioned to the
55	55	appointing institutions on the basis of services rendered.
56	56	Sec. 74.756. GIFTS AND GRANTS; OTHER FUNDING. (a) The
57	57	board of regents may accept and administer gifts and grants from any
58	58	public or private person or entity for the use and benefit of the
59	59	health science center and its component institutions.
60	60	(b) Notwithstanding any other provision of this subchapter,
61	61	establishment of the health science center is subject to the
62	62	availability of funding, either through appropriation or from
63	63	another source.
64	64	Sec. 74.757. OTHER FACILITIES. In addition to the
65	65	facilities of the health science center and its component
66	66	institutions, the board of regents may enter into agreements under
67	67	which additional facilities used in the center's teaching and
68	68	research programs, including libraries, auditoriums, research
69	69	facilities, and medical education buildings, may be provided by a
70	70	public or private entity.
71	71	Sec. 74.758. TEACHING HOSPITAL. A teaching hospital
72	72	considered suitable by the board of regents for the health science
73	73	center may be provided by a public or private entity. The hospital
74	74	may not be constructed, maintained, or operated with state funds.
75	75	Sec. 74.759. COORDINATING BOARD SUPERVISION. The health
76	76	science center is subject to the continuing supervision of the
77	77	Texas Higher Education Coordinating Board under Chapter 61 and to
78	78	the rules of the coordinating board adopted under Chapter 61.
79	79	Sec. 74.760. EFFECT OF HEALTH SCIENCE CENTER ON LOWER RIO
80	80	GRANDE VALLEY ACADEMIC HEALTH CENTER. (a) The board of regents
81	81	may convert the regional academic health center established under
82	82	Subchapter L into The University of Texas Health Science
83	83	Center--South Texas and may establish The University of Texas
84	84	Medical School--South Texas at the health science center as soon as
85	85	the board considers appropriate considering available resources
86	86	and the best interests of The University of Texas System and the
87	87	people of this state and the South Texas region. In establishing
88	88	the health science center and medical school, the board of regents
89	89	shall ensure that the programs, students, and faculty and staff of
90	90	the regional academic health center are not affected other than as
91	91	the board considers necessary to implement this subchapter.
92	92	(b) It is the intent of the legislature that The University
93	93	of Texas Health Science Center--South Texas and its component
94	94	institutions be established by conversion of the regional academic
95	95	health center established under Subchapter L and that those
96	96	entities be considered to be the same institution. A reference in
97	97	law to the regional academic health center applies to The
98	98	University of Texas Health Science Center--South Texas to the
99	99	extent it can be made applicable. All contracts and agreements,
100	100	including bonds and other financial obligations, entered into by
101	101	The University of Texas System or any of its officers or employees
102	102	relating to the regional academic health center apply to The
103	103	University of Texas Health Science Center--South Texas when the
104	104	health science center is established.
105	105	(c) The permanent endowment fund established under Section
106	106	63.101 for the benefit of the regional academic health center
107	107	established under Subchapter L is transferred to the benefit of The
108	108	University of Texas Health Science Center--South Texas and its
109	109	component institutions when the health science center is
110	110	established. It is the intent of the legislature that the transfer
111	111	of the permanent endowment fund be made so as not to interrupt the
112	112	research or other programs supported by distributions from the
113	113	fund.
114	114	SECTION 2. Section 55.1732, Education Code, is amended by
115	115	adding Subsection (e) to read as follows:
116	116	(e) Bonds authorized or issued under this section for the
117	117	regional academic health center established under Section 74.611
118	118	are considered to have been authorized or issued for The University
119	119	of Texas Health Science Center--South Texas and its component
120	120	institutions if the health science center is established.
121	121	SECTION 3. Subdivision (5), Section 61.003, Education Code,
122	122	is amended to read as follows:
123	123	(5) "Medical and dental unit" means The University of
124	124	Texas Medical Branch at Galveston; The University of Texas
125	125	Southwestern Medical Center at Dallas; The University of Texas
126	126	Medical School at San Antonio; The University of Texas Dental
127	127	Branch at Houston; The University of Texas M. D. Anderson Cancer
128	128	Center; The University of Texas Graduate School of Biomedical
129	129	Sciences at Houston; The University of Texas Dental School at San
130	130	Antonio; The University of Texas Medical School at Houston; The
131	131	University of Texas Health Science Center--South Texas and its
132	132	component institutions, if established under Subchapter N, Chapter
133	133	74; the nursing institutions of The University of Texas System; and
134	134	The University of Texas School of Public Health at Houston; and such
135	135	other medical or dental schools as may be established by statute or
136	136	as provided in this chapter.
137	137	SECTION 4. Subsection (c), Section 63.002, Education Code,
138	138	is amended to read as follows:
139	139	(c) The amount available for distribution from the fund may
140	140	be appropriated only for programs that benefit medical research,
141	141	health education, or treatment programs at the following
142	142	health-related institutions of higher education:
143	143	(1) The University of Texas Health Science Center at
144	144	San Antonio;
145	145	(2) The University of Texas M. D. Anderson Cancer
146	146	Center;
147	147	(3) The University of Texas Southwestern Medical
148	148	Center at Dallas;
149	149	(4) The University of Texas Medical Branch at
150	150	Galveston;
151	151	(5) The University of Texas Health Science Center at
152	152	Houston;
153	153	(6) The University of Texas Health Science Center at
154	154	Tyler;
155	155	(7) The University of Texas Health Science
156	156	Center--South Texas and its component institutions, if established
157	157	under Subchapter N, Chapter 74;
158	158	(8) The Texas A&M University Health Science Center;
159	159	(9) [(8)] the University of North Texas Health Science
160	160	Center at Fort Worth;
161	161	(10) [(9)] the Texas Tech University Health Sciences
162	162	Center; and
163	163	(11) [(10)] Baylor College of Medicine, if a contract
164	164	between Baylor College of Medicine and the Texas Higher Education
165	165	Coordinating Board is in effect under Section 61.092.
166	166	SECTION 5. Subsection (a), Section 65.02, Education Code,
167	167	is amended to read as follows:
168	168	(a) The University of Texas System is composed of the
169	169	following institutions and entities:
170	170	(1) The University of Texas at Arlington, including:
171	171	(A) The University of Texas Institute of Urban
172	172	Studies at Arlington; and
173	173	(B) The University of Texas School of Nursing at
174	174	Arlington;
175	175	(2) The University of Texas at Austin, including:
176	176	(A) The University of Texas Marine Science
177	177	Institute;
178	178	(B) The University of Texas McDonald Observatory
179	179	at Mount Locke; and
180	180	(C) The University of Texas School of Nursing at
181	181	Austin;
182	182	(3) The University of Texas at Dallas;
183	183	(4) The University of Texas at El Paso, including The
184	184	University of Texas School of Nursing at El Paso;
185	185	(5) The University of Texas of the Permian Basin;
186	186	(6) The University of Texas at San Antonio, including
187	187	the University of Texas Institute of Texan Cultures at San Antonio;
188	188	(7) The University of Texas Southwestern Medical
189	189	Center at Dallas, including:
190	190	(A) The University of Texas Southwestern Medical
191	191	School at Dallas;
192	192	(B) The University of Texas Southwestern
193	193	Graduate School of Biomedical Sciences at Dallas; and
194	194	(C) The University of Texas Southwestern Allied
195	195	Health Sciences School at Dallas;
196	196	(8) The University of Texas Medical Branch at
197	197	Galveston, including:
198	198	(A) The University of Texas Medical School at
199	199	Galveston;
200	200	(B) The University of Texas Graduate School of
201	201	Biomedical Sciences at Galveston;
202	202	(C) The University of Texas School of Allied
203	203	Health Sciences at Galveston;
204	204	(D) The University of Texas Marine Biomedical
205	205	Institute at Galveston;
206	206	(E) The University of Texas Hospitals at
207	207	Galveston; and
208	208	(F) The University of Texas School of Nursing at
209	209	Galveston;
210	210	(9) The University of Texas Health Science Center at
211	211	Houston, including:
212	212	(A) The University of Texas Medical School at
213	213	Houston;
214	214	(B) The University of Texas Dental Branch at
215	215	Houston;
216	216	(C) The University of Texas Graduate School of
217	217	Biomedical Sciences at Houston;
218	218	(D) The University of Texas School of Health
219	219	Information Sciences at Houston;
220	220	(E) The University of Texas School of Public
221	221	Health at Houston;
222	222	(F) The University of Texas Speech and Hearing
223	223	Institute at Houston; and
224	224	(G) The University of Texas School of Nursing at
225	225	Houston;
226	226	(10) The University of Texas Health Science Center at
227	227	San Antonio, including:
228	228	(A) The University of Texas Medical School at San
229	229	Antonio;
230	230	(B) The University of Texas Dental School at San
231	231	Antonio;
232	232	(C) The University of Texas Graduate School of
233	233	Biomedical Sciences at San Antonio;
234	234	(D) The University of Texas School of Allied
235	235	Health Sciences at San Antonio; and
236	236	(E) The University of Texas School of Nursing at
237	237	San Antonio;
238	238	(11) The University of Texas M. D. Anderson Cancer
239	239	Center, including:
240	240	(A) The University of Texas M. D. Anderson
241	241	Hospital;
242	242	(B) The University of Texas M. D. Anderson Tumor
243	243	Institute; and
244	244	(C) The University of Texas M. D. Anderson
245	245	Science Park; and
246	246	(12) The University of Texas Health Science
247	247	Center--South Texas, including The University of Texas Medical
248	248	School--South Texas, if established under Subchapter N, Chapter 74.
249	249	SECTION 6. No funds for a state fiscal biennium ending on or
250	250	before August 31, 2015, may be appropriated for the purposes of
251	251	Subchapter N, Chapter 74, Education Code, as added by this Act.
252	252	SECTION 7. This Act takes effect immediately if it receives
253	253	a vote of two-thirds of all the members elected to each house, as
254	254	provided by Section 39, Article III, Texas Constitution. If this
255	255	Act does not receive the vote necessary for immediate effect, this
256	256	Act takes effect September 1, 2009.
257	257	______________________________ ______________________________
258	258	President of the Senate Speaker of the House
259	259	I hereby certify that S.B. No. 98 passed the Senate on
260	260	April 8, 2009, by the following vote: Yeas 31, Nays 0; and that
261	261	the Senate concurred in House amendments on May 21, 2009, by the
262	262	following vote: Yeas 31, Nays 0.
263	263	______________________________
264	264	Secretary of the Senate
265	265	I hereby certify that S.B. No. 98 passed the House, with
266	266	amendments, on May 15, 2009, by the following vote: Yeas 137,
267	267	Nays 0, one present not voting.
268	268	______________________________
269	269	Chief Clerk of the House
270	270	Approved:
271	271	______________________________
272	272	Date
273	273	______________________________
274	274	Governor