Texas 2013 - 83rd Regular

Texas House Bill HB257 Compare Versions

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1	1	By: N. Gonzalez of El Paso, Marquez, Moody, H.B. No. 257
2	2	Pickett, M. Gonzalez of El Paso, et al.
3	3	Substitute the following for H.B. No. 257:
4	4	By: Branch C.S.H.B. No. 257
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Texas Tech University Health
10	10	Sciences Center at El Paso as a component institution of the Texas
11	11	Tech University System.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. The heading to Chapter 110, Education Code, is
14	14	amended to read as follows:
15	15	CHAPTER 110. TEXAS TECH UNIVERSITY HEALTH SCIENCES INSTITUTIONS
16	16	[CENTER]
17	17	SECTION 2. Sections 110.01 through 110.14, Education Code,
18	18	and Section 110.16, Education Code, are designated as Subchapter A,
19	19	Chapter 110, Education Code, and a heading to that subchapter is
20	20	added to read as follows:
21	21	SUBCHAPTER A. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER
22	22	SECTION 3. The heading to Section 110.01, Education Code,
23	23	is amended to read as follows:
24	24	Sec. 110.01. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER;
25	25	SEPARATE INSTITUTION.
26	26	SECTION 4. Chapter 110, Education Code, is amended by
27	27	adding Subchapter B to read as follows:
28	28	SUBCHAPTER B. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER AT
29	29	EL PASO
30	30	Sec. 110.30. DEFINITIONS. In this subchapter:
31	31	(1) "Board of regents" means the board of regents of
32	32	the Texas Tech University System.
33	33	(2) "Coordinating board" means the Texas Higher
34	34	Education Coordinating Board.
35	35	Sec. 110.31. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER
36	36	AT EL PASO; SEPARATE INSTITUTION. (a) The Texas Tech University
37	37	Health Sciences Center at El Paso is a component institution of the
38	38	Texas Tech University System under the direction, management, and
39	39	control of the board of regents.
40	40	(b) The center is not a department, school, or branch of any
41	41	other institution in the system. The center is composed of a
42	42	medical school and other components assigned by law or by the board
43	43	of regents.
44	44	Sec. 110.32. CONCURRENT POWERS. The board of regents has
45	45	the same powers of direction, management, and control over the
46	46	Texas Tech University Health Sciences Center at El Paso as the board
47	47	of regents exercises over the other component institutions of the
48	48	Texas Tech University System.
49	49	Sec. 110.33. COURSES AND DEGREES; RULES. The board of
50	50	regents may prescribe courses leading to customary degrees and may
51	51	adopt rules for the operation, control, and management of the Texas
52	52	Tech University Health Sciences Center at El Paso as necessary for
53	53	conducting a health sciences center of the first class.
54	54	Sec. 110.34. AFFILIATION AGREEMENTS WITH OTHER ENTITIES.
55	55	(a) The board of regents may execute and carry out an affiliation or
56	56	coordinating agreement with any other entity or institution.
57	57	(b) The board of regents may make joint appointments in the
58	58	Texas Tech University Health Sciences Center at El Paso and any
59	59	other component institution of the Texas Tech University System.
60	60	The salary of a person who receives a joint appointment must be
61	61	apportioned between the appointing institutions on the basis of
62	62	services rendered.
63	63	Sec. 110.35. FACILITIES. The board of regents shall
64	64	provide for physical facilities for the Texas Tech University
65	65	Health Sciences Center at El Paso for use in its teaching and
66	66	research programs.
67	67	Sec. 110.36. TEACHING HOSPITAL. A teaching hospital
68	68	considered suitable by the board of regents for the Texas Tech
69	69	University Health Sciences Center at El Paso may be provided by a
70	70	public or private entity. The hospital may not be constructed,
71	71	maintained, or operated with state funds.
72	72	Sec. 110.37. COORDINATING BOARD SUPERVISION. The Texas
73	73	Tech University Health Sciences Center at El Paso is subject to the
74	74	continuing supervision of the coordinating board under Chapter 61
75	75	and to the rules of the coordinating board adopted under that
76	76	chapter.
77	77	Sec. 110.38. GIFTS AND GRANTS. The board of regents may
78	78	solicit, accept, and administer gifts and grants from any public or
79	79	private person or entity for the use and benefit of the Texas Tech
80	80	University Health Sciences Center at El Paso.
81	81	Sec. 110.39. PARTICIPATION IN CERTAIN CONSTITUTIONAL
82	82	FUNDS. In accordance with Section 17(c), Article VII, Texas
83	83	Constitution, if the Act enacting this section receives a vote of
84	84	two-thirds of all the members elected to each house of the
85	85	legislature, the institution created under this subchapter is
86	86	entitled to participate in the funding provided by Section 17,
87	87	Article VII, Texas Constitution, beginning with the annual
88	88	appropriation for the state fiscal year beginning September 1,
89	89	2015, and the Texas Tech University Health Sciences Center at El
90	90	Paso shall be included in the allocation made for each 10-year
91	91	allocation period under Section 17(d), Article VII, Texas
92	92	Constitution, beginning with the allocation made in 2015.
93	93	SECTION 5. Section 110.15, Education Code, is transferred
94	94	to Subchapter B, Chapter 110, Education Code, as added by this Act,
95	95	redesignated as Section 110.40, Education Code, and amended to read
96	96	as follows:
97	97	Sec. 110.40 [110.15]. TEXAS TECH DIABETES RESEARCH
98	98	CENTER. (a) In this section:
99	99	(1) "Board" means the board of regents of the Texas
100	100	Tech University System.
101	101	(2) "Center" means the Texas Tech Diabetes Research
102	102	Center.
103	103	(b) The board shall establish the Texas Tech Diabetes
104	104	Research Center for purposes of researching issues related to:
105	105	(1) diabetes; and
106	106	(2) conditions associated with that disease,
107	107	including acanthosis nigricans, as defined by Section 95.001,
108	108	Health and Safety Code.
109	109	(c) The organization, control, and management of the center
110	110	are vested in the board.
111	111	(d) The board shall approve the employment of personnel by
112	112	and the operating budget of the center. An employee of the center
113	113	is an employee of the Texas Tech University Health Sciences Center
114	114	at El Paso [System].
115	115	(e) The board shall select a site for the center at [the
116	116	regional academic health center of] the Texas Tech University
117	117	Health Sciences Center at [located in] El Paso.
118	118	(f) The center may enter into an agreement or may cooperate
119	119	with a public or private entity to perform the research functions of
120	120	the center.
121	121	(g) The board may solicit, accept, and administer gifts and
122	122	grants from any public or private source for the use and benefit of
123	123	the center.
124	124	(h) In conducting its activities under this section, the
125	125	center shall consult with The University of Texas-Pan American
126	126	Border Health Office that administers the Type 2 Diabetes risk
127	127	assessment program under Chapter 95, Health and Safety Code.
128	128	SECTION 6. Section 51.821(4), Education Code, is amended to
129	129	read as follows:
130	130	(4) "Participating medical school" means each of the
131	131	following entities:
132	132	(A) the medical school at The University of Texas
133	133	Health Science Center at Houston;
134	134	(B) the medical school at The University of Texas
135	135	Southwestern Medical Center at Dallas;
136	136	(C) the medical school at The University of Texas
137	137	Health Science Center at San Antonio;
138	138	(D) the medical school at The University of Texas
139	139	Medical Branch at Galveston;
140	140	(E) the medical school at the Texas Tech
141	141	University Health Sciences Center at Lubbock;
142	142	(F) the medical school at the Texas Tech
143	143	University Health Sciences Center at El Paso;
144	144	(G) the Baylor College of Medicine;
145	145	(H) the college of osteopathic medicine at the
146	146	University of North Texas Health Science Center at Fort Worth; and
147	147	(I) the medical school at The Texas A&M
148	148	University System Health Science Center.
149	149	SECTION 7. Section 58.001(a), Education Code, is amended to
150	150	read as follows:
151	151	(a) The legislature finds that it will improve the quality
152	152	of the delivery of medical care to the citizens of this state and,
153	153	therefore, that it will be in the public interest of this state for
154	154	the resident physicians being educated, trained, developed, and
155	155	prepared for a career in medicine by the schools of medicine in The
156	156	University of Texas System, the Texas Tech University System
157	157	[Health Sciences Center], the Texas A&M University Medical Program,
158	158	and the University of North Texas Health Science Center at Fort
159	159	Worth to be compensated by those schools while the resident
160	160	physicians are undergoing education, training, development, and
161	161	preparation. The legislature further finds that the delivery of
162	162	quality medical care to the citizens of this state has been and will
163	163	continue to be enhanced by the expansion of family practice
164	164	residency programs as provided by Sections 61.501 through 61.505 of
165	165	this code and intends that nothing in this chapter be interpreted or
166	166	implemented in a manner that will deter the development or
167	167	expansion of family practice residency programs or will deter the
168	168	legislative goal of having at least 25 percent of the first-year
169	169	residency positions devoted to family medicine.
170	170	SECTION 8. Sections 59.01(1) and (3), Education Code, are
171	171	amended to read as follows:
172	172	(1) "Medical staff or students" means medical doctors,
173	173	doctors of osteopathy, dentists, veterinarians, and podiatrists
174	174	appointed to the faculty or professional medical staff employed for
175	175	student health services by The University of Texas System, The
176	176	Texas A&M University System, the Texas Tech University System
177	177	[Health Sciences Center], or the University of North Texas Health
178	178	Science Center at Fort Worth, either full time or who, although
179	179	appointed less than full time (including volunteers), either devote
180	180	their total professional service to such appointment or provide
181	181	services to patients by assignment from the department chairman;
182	182	and interns, residents, fellows, and medical or dental students,
183	183	veterinary students, and students of osteopathy participating in a
184	184	patient-care program in The University of Texas System, The Texas
185	185	A&M University System, the Texas Tech University System [Health
186	186	Sciences Center], or the University of North Texas Health Science
187	187	Center at Fort Worth.
188	188	(3) "Board" means the board of regents of The
189	189	University of Texas System, the board of regents of The Texas A&M
190	190	University System, the board of regents of the Texas Tech
191	191	University System, or the board of regents of the University of
192	192	North Texas.
193	193	SECTION 9. Sections 59.02(a) and (c), Education Code, are
194	194	amended to read as follows:
195	195	(a) Each board may establish a separate self-insurance fund
196	196	to pay any damages adjudged in a court of competent jurisdiction or
197	197	a settlement of any medical malpractice claim against a member of
198	198	the medical staff or students arising from the exercise of his
199	199	appointment, duties, or training with The University of Texas
200	200	System, The Texas A&M University System, the Texas Tech University
201	201	System [Health Sciences Center], or the University of North Texas
202	202	Health Science Center at Fort Worth.
203	203	(c) On the establishment of each fund, transfers to the fund
204	204	shall be made in an amount and at such intervals as determined by
205	205	the board. Each board may receive and accept any gifts or donations
206	206	specified for the purposes of this subchapter and deposit those
207	207	gifts or donations into the fund. Each board may invest money
208	208	deposited in the fund, and any income received shall be retained in
209	209	the fund. The money shall be deposited in any of the approved
210	210	depository banks of The University of Texas System, The Texas A&M
211	211	University System, the Texas Tech University System [Health
212	212	Sciences Center], or the University of North Texas Health Science
213	213	Center at Fort Worth. All expenditures from the funds shall be paid
214	214	pursuant to approval by the boards.
215	215	SECTION 10. Section 59.06, Education Code, is amended to
216	216	read as follows:
217	217	Sec. 59.06. LIMITATION ON APPROPRIATED FUNDS. Funds
218	218	appropriated by the legislature to either system, to the Texas Tech
219	219	University Health Sciences Center, to the Texas Tech University
220	220	Health Sciences Center at El Paso, or to the University of North
221	221	Texas Health Science Center at Fort Worth from the General Revenue
222	222	Fund may not be used to establish or maintain the fund, to purchase
223	223	insurance, or to employ private legal counsel.
224	224	SECTION 11. Section 61.003(5), Education Code, is amended
225	225	to read as follows:
226	226	(5) "Medical and dental unit" means The Texas A&M
227	227	University System Health Science Center and its component
228	228	institutions, agencies, and programs; the Texas Tech University
229	229	Health Sciences Center; the Texas Tech University Health Sciences
230	230	Center at El Paso; The University of Texas Medical Branch at
231	231	Galveston; The University of Texas Southwestern Medical Center at
232	232	Dallas; The University of Texas Medical School at San Antonio; The
233	233	University of Texas Dental Branch at Houston; The University of
234	234	Texas M. D. Anderson Cancer Center; The University of Texas
235	235	Graduate School of Biomedical Sciences at Houston; The University
236	236	of Texas Dental School at San Antonio; The University of Texas
237	237	Medical School at Houston; The University of Texas Health Science
238	238	Center--South Texas and its component institutions, if established
239	239	under Subchapter N, Chapter 74; the nursing institutions of The
240	240	Texas A&M University System and The University of Texas System; and
241	241	The University of Texas School of Public Health at Houston; and such
242	242	other medical or dental schools as may be established by statute or
243	243	as provided in this chapter.
244	244	SECTION 12. Section 61.501(1), Education Code, is amended
245	245	to read as follows:
246	246	(1) "Medical school" means the medical school at The
247	247	University of Texas Health Science Center at Houston, the medical
248	248	school at The University of Texas Health Science Center at Dallas,
249	249	the medical school at The University of Texas Health Science Center
250	250	at San Antonio, The University of Texas Medical Branch at
251	251	Galveston, the Texas Tech University Health Sciences Center, the
252	252	medical school at the Texas Tech University Health Sciences Center
253	253	at El Paso, the Baylor College of Medicine, the college of
254	254	osteopathic medicine at the University of North Texas Health
255	255	Science Center at Fort Worth, or the Texas A&M University Medical
256	256	Program.
257	257	SECTION 13. Section 62.021, Education Code, is amended by
258	258	adding Subsection (e-1) to read as follows:
259	259	(e-1) Whereas the Texas Tech University Health Sciences
260	260	Center at El Paso was created as a separate institution of higher
261	261	education by an Act of the 83rd Legislature, Regular Session, 2013,
262	262	which was approved by a vote of more than two-thirds of the
263	263	membership of each house of the legislature, the Texas Tech
264	264	University Health Sciences Center at El Paso is entitled to
265	265	participate in the funding provided by Section 17, Article VII,
266	266	Texas Constitution, beginning with the annual appropriation for the
267	267	state fiscal year beginning September 1, 2015, and the Texas Tech
268	268	University Health Sciences Center at El Paso shall be included in
269	269	the allocation made for each 10-year allocation period under
270	270	Section 17(d), Article VII, Texas Constitution, beginning with the
271	271	allocation made in 2015.
272	272	SECTION 14. Section 63.002(c), Education Code, is amended
273	273	to read as follows:
274	274	(c) The amount available for distribution from the fund may
275	275	be appropriated only for programs that benefit medical research,
276	276	health education, or treatment programs at the following
277	277	health-related institutions of higher education:
278	278	(1) The University of Texas Health Science Center at
279	279	San Antonio;
280	280	(2) The University of Texas M. D. Anderson Cancer
281	281	Center;
282	282	(3) The University of Texas Southwestern Medical
283	283	Center at Dallas;
284	284	(4) The University of Texas Medical Branch at
285	285	Galveston;
286	286	(5) The University of Texas Health Science Center at
287	287	Houston;
288	288	(6) The University of Texas Health Science Center at
289	289	Tyler;
290	290	(7) The University of Texas Health Science
291	291	Center--South Texas and its component institutions, if established
292	292	under Subchapter N, Chapter 74;
293	293	(8) The Texas A&M University Health Science Center;
294	294	(9) the University of North Texas Health Science
295	295	Center at Fort Worth;
296	296	(10) the Texas Tech University Health Sciences Center;
297	297	[and]
298	298	(11) the Texas Tech University Health Sciences Center
299	299	at El Paso; and
300	300	(12) Baylor College of Medicine, if a contract between
301	301	Baylor College of Medicine and the Texas Higher Education
302	302	Coordinating Board is in effect under Section 61.092.
303	303	SECTION 15. The board of regents of the Texas Tech
304	304	University System, as soon as practicable following the effective
305	305	date of this Act consistent with available resources, any required
306	306	approval by the Texas Higher Education Coordinating Board, and the
307	307	goal of minimizing unnecessary disruption of existing programs,
308	308	students, faculty, and staff in El Paso, shall:
309	309	(1) establish the Texas Tech University Health
310	310	Sciences Center at El Paso in accordance with this Act; and
311	311	(2) assign existing programs and facilities of the
312	312	system located in El Paso County to the center to the extent those
313	313	programs and facilities support the mission and purposes of the
314	314	center.
315	315	SECTION 16. (a) Except as provided by Subsection (b) of this
316	316	section, this Act takes effect immediately if it receives a vote of
317	317	two-thirds of all the members elected to each house, as provided by
318	318	Section 39, Article III, Texas Constitution. If this Act does not
319	319	receive the vote necessary for immediate effect, this Act takes
320	320	effect September 1, 2013.
321	321	(b) If this Act does not receive a vote of two-thirds of all
322	322	the members elected to each house, Section 13 of this Act does not
323	323	take effect.