S.B. No. 120
 
 
 
 
AN ACT
  relating to the creation of the Texas Tech University Health
  Sciences Center at El Paso as a component institution of the Texas
  Tech University System.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 110, Education Code, is
  amended to read as follows:
  CHAPTER 110.  TEXAS TECH UNIVERSITY HEALTH SCIENCES INSTITUTIONS
  [CENTER]
         SECTION 2.  Sections 110.01 through 110.14, Education Code,
  and Section 110.16, Education Code, are designated as Subchapter A,
  Chapter 110, Education Code, and a heading to that subchapter is
  added to read as follows:
  SUBCHAPTER A.  TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER
         SECTION 3.  The heading to Section 110.01, Education Code,
  is amended to read as follows:
         Sec. 110.01.  TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER;
  SEPARATE INSTITUTION.
         SECTION 4.  Chapter 110, Education Code, is amended by
  adding Subchapter B to read as follows:
  SUBCHAPTER B.  TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER AT
  EL PASO
         Sec. 110.30.  DEFINITIONS. In this subchapter:
               (1)  "Board of regents" means the board of regents of
  the Texas Tech University System.
               (2)  "Coordinating board" means the Texas Higher
  Education Coordinating Board.
         Sec. 110.31.  TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER
  AT EL PASO; SEPARATE INSTITUTION.  (a)  The Texas Tech University
  Health Sciences Center at El Paso is a component institution of the
  Texas Tech University System under the direction, management, and
  control of the board of regents.
         (b)  The center is not a department, school, or branch of any
  other institution in the system. The center is composed of a
  medical school and other components assigned by law or by the board
  of regents.
         Sec. 110.32.  CONCURRENT POWERS. The board of regents has
  the same powers of direction, management, and control over the
  Texas Tech University Health Sciences Center at El Paso as the board
  of regents exercises over the other component institutions of the
  Texas Tech University System.
         Sec. 110.33.  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 Texas
  Tech University Health Sciences Center at El Paso as necessary for
  conducting a health sciences center of the first class.
         Sec. 110.34.  AFFILIATION AGREEMENTS WITH OTHER ENTITIES.
  (a)  The board of regents may execute and carry out an affiliation
  or coordinating agreement with any other entity or institution.
         (b)  The board of regents may make joint appointments in the
  Texas Tech University Health Sciences Center at El Paso and any
  other component institution of the Texas Tech University System.
  The salary of a person who receives a joint appointment must be
  apportioned between the appointing institutions on the basis of
  services rendered.
         Sec. 110.35.  FACILITIES. The board of regents shall
  provide for physical facilities for the Texas Tech University
  Health Sciences Center at El Paso for use in its teaching and
  research programs.
         Sec. 110.36.  TEACHING HOSPITAL. A teaching hospital
  considered suitable by the board of regents for the Texas Tech
  University Health Sciences Center at El Paso may be provided by a
  public or private entity.  The hospital may not be constructed,
  maintained, or operated with state funds.
         Sec. 110.37.  COORDINATING BOARD SUPERVISION. The Texas
  Tech University Health Sciences Center at El Paso is subject to the
  continuing supervision of the coordinating board under Chapter 61
  and to the rules of the coordinating board adopted under that
  chapter.
         Sec. 110.38.  GIFTS AND GRANTS. The board of regents may
  solicit, accept, and administer gifts and grants from any public or
  private person or entity for the use and benefit of the Texas Tech
  University Health Sciences Center at El Paso.
         Sec. 110.39.  PARTICIPATION IN CERTAIN CONSTITUTIONAL
  FUNDS. In accordance with Section 17(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, the institution created under this subchapter is
  entitled to participate in the funding provided by Section 17,
  Article VII, Texas Constitution, beginning with the annual
  appropriation for the state fiscal year beginning September 1,
  2015, and the Texas Tech University Health Sciences Center at El
  Paso shall be included in the allocation made for each 10-year
  allocation period under Section 17(d), Article VII, Texas
  Constitution, beginning with the allocation made in 2015.
         SECTION 5.  Section 110.15, Education Code, is transferred
  to Subchapter B, Chapter 110, Education Code, as added by this Act,
  redesignated as Section 110.40, Education Code, and amended to read
  as follows:
         Sec. 110.40 [110.15].  TEXAS TECH DIABETES RESEARCH CENTER.
  (a)  In this section:
               (1)  "Board" means the board of regents of the Texas
  Tech University System.
               (2)  "Center" means the Texas Tech Diabetes Research
  Center.
         (b)  The board shall establish the Texas Tech Diabetes
  Research Center for purposes of researching issues related to:
               (1)  diabetes; and
               (2)  conditions associated with that disease,
  including acanthosis nigricans, as defined by Section 95.001,
  Health and Safety Code.
         (c)  The organization, control, and management of the center
  are vested in the board.
         (d)  The board shall approve the employment of personnel by
  and the operating budget of the center. An employee of the center
  is an employee of the Texas Tech University Health Sciences Center
  at El Paso [System].
         (e)  The board shall select a site for the center at [the
  regional academic health center of] the Texas Tech University
  Health Sciences Center at [located in] El Paso.
         (f)  The center may enter into an agreement or may cooperate
  with a public or private entity to perform the research functions of
  the center.
         (g)  The board may solicit, accept, and administer gifts and
  grants from any public or private source for the use and benefit of
  the center.
         (h)  In conducting its activities under this section, the
  center shall consult with The University of Texas-Pan American
  Border Health Office that administers the Type 2 Diabetes risk
  assessment program under Chapter 95, Health and Safety Code.
         SECTION 6.  Subdivision (4), Section 51.821, Education Code,
  is amended to read as follows:
               (4)  "Participating medical school" means each of the
  following entities:
                     (A)  the medical school at The University of Texas
  Health Science Center at Houston;
                     (B)  the medical school at The University of Texas
  Southwestern Medical Center at Dallas;
                     (C)  the medical school at The University of Texas
  Health Science Center at San Antonio;
                     (D)  the medical school at The University of Texas
  Medical Branch at Galveston;
                     (E)  the medical school at the Texas Tech
  University Health Sciences Center at Lubbock;
                     (F)  the medical school at the Texas Tech
  University Health Sciences Center at El Paso;
                     (G)  the Baylor College of Medicine;
                     (H)  the college of osteopathic medicine at the
  University of North Texas Health Science Center at Fort Worth; and
                     (I)  the medical school at The Texas A&M
  University System Health Science Center.
         SECTION 7.  Subsection (a), Section 58.001, Education Code,
  is amended to read as follows:
         (a)  The legislature finds that it will improve the quality
  of the delivery of medical care to the citizens of this state and,
  therefore, that it will be in the public interest of this state for
  the resident physicians being educated, trained, developed, and
  prepared for a career in medicine by the schools of medicine in The
  University of Texas System, the Texas Tech University System
  [Health Sciences Center], the Texas A&M University Medical Program,
  and the University of North Texas Health Science Center at Fort
  Worth to be compensated by those schools while the resident
  physicians are undergoing education, training, development, and
  preparation. The legislature further finds that the delivery of
  quality medical care to the citizens of this state has been and will
  continue to be enhanced by the expansion of family practice
  residency programs as provided by Sections 61.501 through 61.505 of
  this code and intends that nothing in this chapter be interpreted or
  implemented in a manner that will deter the development or
  expansion of family practice residency programs or will deter the
  legislative goal of having at least 25 percent of the first-year
  residency positions devoted to family medicine.
         SECTION 8.  Subdivisions (1) and (3), Section 59.01,
  Education Code, are amended to read as follows:
               (1)  "Medical staff or students" means medical doctors,
  doctors of osteopathy, dentists, veterinarians, and podiatrists
  appointed to the faculty or professional medical staff employed for
  student health services by The University of Texas System, The
  Texas A&M University System, the Texas Tech University System
  [Health Sciences Center], or the University of North Texas Health
  Science Center at Fort Worth, either full time or who, although
  appointed less than full time (including volunteers), either devote
  their total professional service to such appointment or provide
  services to patients by assignment from the department chairman;
  and interns, residents, fellows, and medical or dental students,
  veterinary students, and students of osteopathy participating in a
  patient-care program in The University of Texas System, The Texas
  A&M University System, the Texas Tech University System [Health
  Sciences Center], or the University of North Texas Health Science
  Center at Fort Worth.
               (3)  "Board" means the board of regents of The
  University of Texas System, the board of regents of The Texas A&M
  University System, the board of regents of the Texas Tech
  University System, or the board of regents of the University of
  North Texas.
         SECTION 9.  Subsections (a) and (c), Section 59.02,
  Education Code, are amended to read as follows:
         (a)  Each board may establish a separate self-insurance fund
  to pay any damages adjudged in a court of competent jurisdiction or
  a settlement of any medical malpractice claim against a member of
  the medical staff or students arising from the exercise of his
  appointment, duties, or training with The University of Texas
  System, The Texas A&M University System, the Texas Tech University
  System [Health Sciences Center], or the University of North Texas
  Health Science Center at Fort Worth.
         (c)  On the establishment of each fund, transfers to the fund
  shall be made in an amount and at such intervals as determined by
  the board. Each board may receive and accept any gifts or donations
  specified for the purposes of this subchapter and deposit those
  gifts or donations into the fund. Each board may invest money
  deposited in the fund, and any income received shall be retained in
  the fund. The money shall be deposited in any of the approved
  depository banks of The University of Texas System, The Texas A&M
  University System, the Texas Tech University System [Health
  Sciences Center], or the University of North Texas Health Science
  Center at Fort Worth.  All expenditures from the funds shall be paid
  pursuant to approval by the boards.
         SECTION 10.  Section 59.06, Education Code, is amended to
  read as follows:
         Sec. 59.06.  LIMITATION ON APPROPRIATED FUNDS. Funds
  appropriated by the legislature to either system, to the Texas Tech
  University Health Sciences Center, to the Texas Tech University
  Health Sciences Center at El Paso, or to the University of North
  Texas Health Science Center at Fort Worth from the General Revenue
  Fund may not be used to establish or maintain the fund, to purchase
  insurance, or to employ private legal counsel.
         SECTION 11.  Subdivision (5), Section 61.003, Education
  Code, is amended to read as follows:
               (5)  "Medical and dental unit" means The Texas A&M
  University System Health Science Center and its component
  institutions, agencies, and programs; the Texas Tech University
  Health Sciences Center; the Texas Tech University Health Sciences
  Center at El Paso; 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 12.  Subdivision (1), Section 61.501, Education
  Code, is amended to read as follows:
               (1)  "Medical school" means the medical school at The
  University of Texas Health Science Center at Houston, the medical
  school at The University of Texas Health Science Center at Dallas,
  the medical school at The University of Texas Health Science Center
  at San Antonio, The University of Texas Medical Branch at
  Galveston, the Texas Tech University Health Sciences Center, the
  medical school at the Texas Tech University Health Sciences Center
  at El Paso, the Baylor College of Medicine, the college of
  osteopathic medicine at the University of North Texas Health
  Science Center at Fort Worth, or the Texas A&M University Medical
  Program.
         SECTION 13.  Section 62.021, Education Code, is amended by
  adding Subsection (e-1) to read as follows:
         (e-1)  Whereas the Texas Tech University Health Sciences
  Center at El Paso was created as a separate institution of higher
  education by an Act of the 83rd Legislature, Regular Session, 2013,
  which was approved by a vote of more than two-thirds of the
  membership of each house of the legislature, the Texas Tech
  University Health Sciences Center at El Paso is entitled to
  participate in the funding provided by Section 17, Article VII,
  Texas Constitution, beginning with the annual appropriation for the
  state fiscal year beginning September 1, 2015, and the Texas Tech
  University Health Sciences Center at El Paso shall be included in
  the allocation made for each 10-year allocation period under
  Section 17(d), Article VII, Texas Constitution, beginning with the
  allocation made in 2015.
         SECTION 14.  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)  the University of North Texas Health Science
  Center at Fort Worth;
               (10)  the Texas Tech University Health Sciences Center;
  [and]
               (11)  the Texas Tech University Health Sciences Center
  at El Paso; and
               (12)  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 15.  The board of regents of the Texas Tech
  University System, as soon as practicable following the effective
  date of this Act consistent with available resources, any required
  approval by the Texas Higher Education Coordinating Board, and the
  goal of minimizing unnecessary disruption of existing programs,
  students, faculty, and staff in El Paso, shall:
               (1)  establish the Texas Tech University Health
  Sciences Center at El Paso in accordance with this Act; and
               (2)  assign existing programs and facilities of the
  system located in El Paso County to the center to the extent those
  programs and facilities support the mission and purposes of the
  center.
         SECTION 16.  (a)  Except as provided by Subsection (b) of
  this section, 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, 2013.
         (b)  If this Act does not receive a vote of two-thirds of all
  the members elected to each house, Section 13 of this Act does not
  take effect.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 120 passed the Senate on
  March 13, 2013, by the following vote: Yeas 30, Nays 1; and that
  the Senate concurred in House amendment on May 7, 2013, by the
  following vote: Yeas 29, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 120 passed the House, with
  amendment, on April 30, 2013, by the following vote: Yeas 141,
  Nays 3, one present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor