EDUCATION CODE


TITLE 3. HIGHER EDUCATION


SUBTITLE F. OTHER COLLEGES AND UNIVERSITIES


CHAPTER 110. TEXAS TECH UNIVERSITY HEALTH SCIENCES INSTITUTIONS


SUBCHAPTER A. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER


Sec. 110.01. TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER; SEPARATE INSTITUTION. Texas Tech University Health Sciences Center is a separate institution and not a department, school, or branch of Texas Tech University but is under the direction, management, and control of the Texas Tech University Board of Regents. The center is composed of a medical school and other components assigned by law or by the coordinating board.

Acts 1971, 62nd Leg., p. 3267, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1979, 66th Leg., p. 724, ch. 319, Sec. 2, eff. June 6, 1979.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 3, eff. May 18, 2013.

Sec. 110.02. CONCURRENT AND SEPARATE POWERS. The board of regents has the same powers of direction, management, and control over the Health Sciences Center as they exercise over Texas Tech University. However, the board shall act separately and independently on all matters affecting the Health Sciences Center as a separate institution.

Acts 1971, 62nd Leg., p. 3267, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1979, 66th Leg., p. 724, ch. 319, Sec. 2, eff. June 6, 1979.

Assigned by Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 2, eff. May 18, 2013.

Sec. 110.03. GENERAL POWERS. The board may make rules and regulations for the direction, control, and management of Texas Tech University Health Sciences Center as necessary for it to be an institution of the first class.

Acts 1971, 62nd Leg., p. 3267, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1979, 66th Leg., p. 724, ch. 319, Sec. 2, eff. June 6, 1979.

Assigned by Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 2, eff. May 18, 2013.

Sec. 110.04. CHIEF EXECUTIVE OFFICER. The chief executive officer of Texas Tech University is also the chief executive officer of the Health Sciences Center under the authority of Section 109.23 of this code.

Acts 1971, 62nd Leg., p. 3267, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1979, 66th Leg., p. 724, ch. 319, Sec. 2, eff. June 6, 1979.

Assigned by Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 2, eff. May 18, 2013.

Sec. 110.05. COURSES OFFERED. The board may prescribe courses leading to customary degrees.

Acts 1971, 62nd Leg., p. 3267, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.

Assigned by Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 2, eff. May 18, 2013.

Sec. 110.06. AGREEMENTS WITH OTHER SCHOOLS. The board may, when in the best interests of medical education at the Health Sciences Center, execute and carry out affiliation or coordinating agreements with any other entity or institution in the Lubbock area, Amarillo area, El Paso area, and the Odessa-Midland area to provide clinical, postgraduate, including internship and residency, or other levels of medical educational work for the Health Sciences Center. Additionally, the board may execute and carry out affiliation or coordinating agreements with any other entity or institution necessary to conduct and operate the Health Sciences Center as a first-class institution. The board may utilize the facilities and staffs of other state biomedical units.

Acts 1971, 62nd Leg., p. 3268, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1979, 66th Leg., p. 724, ch. 319, Sec. 2, eff. June 6, 1979.

Assigned by Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 2, eff. May 18, 2013.

Sec. 110.07. PHYSICAL FACILITIES. The board shall make provision for adequate physical facilities for the Health Sciences Center, including library, auditorium, and animal facilities, for use by the Health Sciences Center in its teaching and research programs.

Acts 1971, 62nd Leg., p. 3268, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1979, 66th Leg., p. 724, ch. 319, Sec. 2, eff. June 6, 1979.

Assigned by Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 2, eff. May 18, 2013.

Sec. 110.08. GRANTS; GIFTS. The board, in its discretion, may accept and administer grants and gifts from the federal government, any foundation, trust fund, corporation, or individual for the use and benefit of the Health Sciences Center.

Acts 1971, 62nd Leg., p. 3268, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1979, 66th Leg., p. 724, ch. 319, Sec. 2, eff. June 6, 1979.

Assigned by Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 2, eff. May 18, 2013.

Sec. 110.09. TEACHING HOSPITAL. A complete teaching hospital for the Health Sciences Center shall be furnished at no cost or expense to the state. The state may never contribute any funds for the construction, maintenance, or operation of a teaching hospital for the Health Sciences Center.

Acts 1971, 62nd Leg., p. 3268, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1979, 66th Leg., p. 724, ch. 319, Sec. 2, eff. June 6, 1979.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 3, eff. May 18, 2013.

Sec. 110.10. SUPERVISION BY COORDINATING BOARD. The Health Sciences Center is subject to the continuing supervision of and to the rules and regulations of the Coordinating Board, Texas College and University System, as provided by Chapter 61 of this code.

Acts 1971, 62nd Leg., p. 3268, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1979, 66th Leg., p. 724, ch. 319, Sec. 2, eff. June 6, 1979.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 3, eff. May 18, 2013.

Sec. 110.11. MEDICAL SCHOOL ADMISSION POLICIES. The Board of Regents shall promulgate appropriate rules and regulations pertaining to the admission of students to the medical school which will provide for admission of those students to its entering class each year who are equally or as well qualified as all other students and who have entered a contract with or received a commitment for a stipend, grant, loan or scholarship from the State Rural Medical Education Board. The State Rural Medical Education Board may contract with medical students providing for such students to engage in a general or family practice of medicine for not less than four years after licensing and a period of medical residency, as determined by the rules and regulations established by the State Rural Medical Education Board, in cities of Texas which have a population of less than 5,000 or in rural areas, as that term may be defined by the State Rural Medical Education Board, and said Board is hereby given the authority to define and from time to time redefine the term rural area, at the time the medical practice is commenced. This contract shall provide for a monthly stipend of at least $100 to be granted by the State Rural Medical Education Board to each person under contract with the State while enrolled as a medical school student.

Added by Acts 1975, 64th Leg., p. 2409, ch. 740, Sec. 4, eff. Sept. 1, 1975.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 3, eff. May 18, 2013.

Sec. 110.12. UTILITIES EASEMENTS. On terms, conditions, or stipulations, and compensation as determined by the board, the board may convey, dedicate, or use any other appropriate method of conveyance to grant, convey, or dedicate rights, title, rights-of-way, or easements involving or in connection with the furnishing or providing of electricity, water, sewage disposal, natural gas, telephone, telegraph, or other utility service on, over, or through the campus or properties of Texas Tech University Health Sciences Center. The chairman of the board may execute and deliver conveyances or dedications on behalf of Texas Tech University Health Sciences Center.

Added by Acts 1975, 64th Leg., p. 363, ch. 155, Sec. 2, eff. May 8, 1975. Renumbered from Education Code Sec. 110.11 and amended by Acts 1979, 66th Leg., p. 725, ch. 319, Sec. 3, eff. June 6, 1979.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 3, eff. May 18, 2013.

Sec. 110.13. MANAGEMENT OF LANDS. The board has the sole and exclusive management and control of lands set aside and appropriated to or acquired by the institutions under its governance. The board may lease, sell, exchange, acquire, dispose of, and otherwise manage, control, and use the lands in any manner and at prices and under terms and conditions the board deems best for the interest of the institutions. However, the board may not sell any of the original main campus located in Lubbock, Lubbock County, unless the sale is approved by act of the legislature. No grazing lease shall be made for a period of more than five years.

Added by Acts 1975, 64th Leg., p. 1249, ch. 471, Sec. 2, eff. Sept. 1, 1975. Renumbered from Education Code Sec. 110.11 and amended by Acts 1983, 68th Leg., p. 721, ch. 166, Sec. 4, eff. May 20, 1983.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 3, eff. May 18, 2013.

Sec. 110.14. SALE OF OBSOLETE MEDICAL EQUIPMENT. The board may sell to a hospital in this state operated by the state, a city, a county, a hospital district, a nonprofit corporation, or a tax-exempt charitable organization, on fair and reasonable terms, any medical equipment that has been in use at the Texas Tech University Health Sciences Center and that is obsolete with regard to the instructional objectives of the Health Sciences Center.

Added by Acts 1983, 68th Leg., p. 3863, ch. 610, Sec. 1, eff. June 19, 1983.

Sec. 110.16. SECURITY POWERS RELATIVE TO HOSPITAL DISTRICT. (a) Texas Tech University Health Sciences Center campus security personnel commissioned as peace officers under Section 51.203 of this code have concurrent jurisdiction with commissioned peace officers of the City of Lubbock, Lubbock County, Texas, to enforce criminal laws of this state and city ordinances of the City of Lubbock on property of the Lubbock County Hospital District, including Lubbock General Hospital, that is adjacent to property owned or controlled and occupied by Texas Tech University Health Sciences Center.

(b) The Lubbock County Hospital District shall compensate campus security personnel for the security and law enforcement services they provide to the hospital district in the amount agreed on by the Lubbock County Hospital District's Board of Managers and the Texas Tech University Health Sciences Center Board of Regents.

(c) Subsections (a) and (b) of this section do not:

(1) limit the police powers or enforcement jurisdiction of the City of Lubbock or Lubbock County;

(2) render campus security personnel of the Texas Tech University Health Sciences Center employees of the Lubbock County Hospital District, or the City of Lubbock, or Lubbock County; or

(3) restrict the power or control of the Texas Tech University Health Sciences Center Board of Regents over campus security personnel.

Added by Acts 1983, 68th Leg., p. 3861, ch. 609, Sec. 1, eff. June 19, 1983. Renumbered from Education Code Sec. 110.13 by Acts 1987, 70th Leg., ch. 167, Sec. 5.01(a)(24) eff. Sept. 1, 1987.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 3, eff. May 18, 2013.

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.

Added by Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 4, eff. May 18, 2013.

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.

Added by Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 4, eff. May 18, 2013.

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.

Added by Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 4, eff. May 18, 2013.

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.

Added by Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 4, eff. May 18, 2013.

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.

Added by Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 4, eff. May 18, 2013.

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.

Added by Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 4, eff. May 18, 2013.

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.

Added by Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 4, eff. May 18, 2013.

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.

Added by Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 4, eff. May 18, 2013.

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.

Added by Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 4, eff. May 18, 2013.

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.

Added by Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 4, eff. May 18, 2013.

Sec. 110.40. 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.

(e) The board shall select a site for the center at the Texas Tech University Health Sciences Center at 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.

Added by Acts 2001, 77th Leg., ch. 877, Sec. 1, eff. June 14, 2001.

Amended by:

Acts 2007, 80th Leg., R.S., Ch. 504 (S.B. 415), Sec. 5, eff. September 1, 2007.

Transferred, redesignated and amended from Education Code, Section 110.15 by Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 5, eff. May 18, 2013.