S.B. No. 98
AN ACT
relating to establishing a health science center and medical school
in South Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 74, Education Code, is amended by adding
Subchapter N to read as follows:
SUBCHAPTER N. THE UNIVERSITY OF TEXAS HEALTH
SCIENCE CENTER--SOUTH TEXAS
Sec. 74.751. HEALTH SCIENCE CENTER. (a) The board of
regents of The University of Texas System may operate The
University of Texas Health Science Center--South Texas as a
component institution of The University of Texas System with its
main campus and administrative offices in Cameron County. The
health science center may consist of a medical school, as provided
by Section 74.752, 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
Bee, Brooks, Cameron, Hidalgo, Jim Hogg, Jim Wells, Kenedy,
Kleberg, Nueces, Starr, Willacy, and Zapata Counties in the health
science center and may operate programs and activities and provide
related services of the center in those counties.
Sec. 74.752. MEDICAL SCHOOL. If The University of Texas
Health Science Center--South Texas is established under Section
74.751, The University of Texas Medical School--South Texas may be
established as a component of the health science center and as a
component institution of The University of Texas System under the
management and control of the board of regents of The University of
Texas System.
Sec. 74.753. 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, and if an
institution is established under this subchapter, the institution
is entitled to participate in the funding provided by Section 18,
Article VII, Texas Constitution, for The University of Texas
System.
Sec. 74.754. 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. 74.755. 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.
(b) The board of regents may make joint appointments in the
health science center, its component institutions, 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.
Sec. 74.756. GIFTS AND GRANTS; OTHER FUNDING. (a) 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
health science center and its component institutions.
(b) Notwithstanding any other provision of this subchapter,
establishment of the health science center is subject to the
availability of funding, either through appropriation or from
another source.
Sec. 74.757. OTHER FACILITIES. In addition to the
facilities of the health science center and its component
institutions, the board of regents may enter into agreements under
which additional facilities used in the center's teaching and
research programs, including libraries, auditoriums, research
facilities, and medical education buildings, may be provided by a
public or private entity.
Sec. 74.758. 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. 74.759. COORDINATING BOARD SUPERVISION. The 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.
Sec. 74.760. EFFECT OF HEALTH SCIENCE CENTER ON LOWER RIO
GRANDE VALLEY ACADEMIC HEALTH CENTER. (a) The board of regents
may convert the regional academic health center established under
Subchapter L into The University of Texas Health Science
Center--South Texas and may establish The University of Texas
Medical School--South Texas at the health science center 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 South Texas region. In establishing
the health science center and medical school, the board of regents
shall ensure that the 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 subchapter.
(b) It is the intent of the legislature that The University
of Texas Health Science Center--South Texas and its component
institutions be established by conversion of the regional academic
health center established under Subchapter L 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--South Texas 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--South Texas when the
health science center is established.
(c) The permanent endowment fund established under Section
63.101 for the benefit of the regional academic health center
established under Subchapter L is transferred to the benefit of The
University of Texas Health Science Center--South Texas and its
component institutions when the health science center is
established. It is the intent of the legislature that the transfer
of the permanent endowment fund be made so as not to interrupt the
research or other programs supported by distributions from the
fund.
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--South Texas and its component
institutions if the health science center is established.
SECTION 3. Subdivision (5), Section 61.003, 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--South Texas and its
component institutions, if established under Subchapter N, Chapter
74; 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. Subsection (c), Section 63.002, 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--South Texas and its component institutions, if established
under Subchapter N, Chapter 74;
(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. Subsection (a), Section 65.02, 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--South Texas, including The University of Texas Medical
School--South Texas, if established under Subchapter N, Chapter 74.
SECTION 6. No funds for a state fiscal biennium ending on or
before August 31, 2015, may be appropriated for the purposes of
Subchapter N, Chapter 74, Education Code, as added by this Act.
SECTION 7. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 98 passed the Senate on
April 8, 2009, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendments on May 21, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 98 passed the House, with
amendments, on May 15, 2009, by the following vote: Yeas 137,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor