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  H.B. No. 2867
 
 
 
 
AN ACT
  relating to the creation of the Sam Houston State University
  College of Osteopathic Medicine.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter D, Chapter 96, Education Code, is
  amended by adding Section 96.66 to read as follows:
         Sec. 96.66.  SAM HOUSTON STATE UNIVERSITY COLLEGE OF
  OSTEOPATHIC MEDICINE. (a)  In this section:
               (1)  "Board" means the board of regents of the Texas
  State University System.
               (2)  "College" means the Sam Houston State University
  College of Osteopathic Medicine established under this section.
               (3)  "University" means Sam Houston State University.
         (b)  The Sam Houston State University College of Osteopathic
  Medicine is a college of the university and is under the management
  and control of the board with degrees offered under the name and
  authority of the university.
         (c)  The board may prescribe courses leading to customary
  degrees and may adopt rules for the operation, control, and
  management of the college as necessary for conducting a college of
  osteopathic medicine of the first class.
         (d)  The provost of the university, on behalf of the board,
  may execute and carry out an affiliation or coordinating agreement
  with any other entity or institution.
         (e)  The board may solicit, accept, and administer gifts and
  grants from any public or private source for the use and benefit of
  the college.
         (f)  In addition to the college's facilities, the board may
  enter into agreements under which additional facilities used in the
  college's teaching and research programs, including libraries,
  auditoriums, research facilities, and medical education buildings,
  may be provided by a public or private entity.
         (g)  A teaching hospital considered suitable by the board may
  be provided by a public or private entity. The hospital may not be
  constructed, maintained, or operated with state funds.
         (h)  Notwithstanding any other law, the university is not
  entitled to receive any formula funding for the college.
         SECTION 2.  Section 58.002(a)(1), Education Code, is amended
  to read as follows:
               (1)  "Resident physician" means a person who is
  appointed a resident physician by a school of medicine in The
  University of Texas System, the Texas Tech University System, The
  Texas A&M University System, or the University of North Texas
  System or by the Sam Houston State University College of
  Osteopathic Medicine or the Baylor College of Medicine and who:
                     (A)  has received a Doctor of Medicine or a Doctor
  of Osteopathic Medicine degree from the Baylor College of Medicine
  or from an approved school of medicine; or
                     (B)  is a citizen of Texas and has received a
  Doctor of Medicine or a Doctor of Osteopathic Medicine degree from
  some other school of medicine that is accredited by the Liaison
  Committee on Medical Education or by the Bureau of Professional
  Education of the American Osteopathic Association.
         SECTION 3.  Sections 59.01(1) and (3), 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, the
  Sam Houston State University College of Osteopathic Medicine, 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, the Sam Houston State University
  College of Osteopathic Medicine, 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, the board of regents of the Texas State
  University System, or the board of regents of the University of
  North Texas.
         SECTION 4.  Sections 59.02(a) and (c), 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 the
  member's [his] appointment, duties, or training with The University
  of Texas System, The Texas A&M University System, the Texas Tech
  University System, the Sam Houston State University College of
  Osteopathic Medicine, 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, the Texas
  State University System, 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 5.  Section 61.003(5), 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 Sam Houston State University College of
  Osteopathic Medicine; The University of Texas Medical Branch at
  Galveston; The University of Texas Southwestern Medical Center; 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 6.  Section 61.501(1), 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 Southwestern Medical Center, the
  medical school at The University of Texas Health Science Center at
  San Antonio, The University of Texas Medical Branch at Galveston,
  the medical school at The University of Texas at Austin, the medical
  school at The University of Texas Rio Grande Valley, the medical
  education program of The University of Texas Health Science Center
  at Tyler, the medical school at the Texas Tech University Health
  Sciences Center, the medical school at the Texas Tech University
  Health Sciences Center at El Paso, the Sam Houston State University
  College of Osteopathic Medicine, the Baylor College of Medicine,
  the college of osteopathic medicine at the University of North
  Texas Health Science Center at Fort Worth, or the medical school at
  the Texas A&M University Health Science Center.
         SECTION 7.  Section 63.002(c), 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;
               (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;
               (11)  the Texas Tech University Health Sciences Center
  at El Paso; [and]
               (12)  the Sam Houston State University College of
  Osteopathic Medicine; and
               (13)  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 8.  The Sam Houston State University College of
  Osteopathic Medicine is eligible to receive funding under
  Subchapter A, Chapter 63, Education Code, beginning with
  allocations for the state fiscal year that begins September 1,
  2019.
         SECTION 9.  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, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2867 was passed by the House on April
  5, 2019, by the following vote:  Yeas 139, Nays 2, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2867 on May 15, 2019, by the following vote:  Yeas 143, Nays 4,
  3 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2867 was passed by the Senate, with
  amendments, on May 13, 2019, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor