CHAPTER 73. THE UNIVERSITY OF TEXAS AT HOUSTON
EDUCATION CODE
TITLE 3. HIGHER EDUCATION
SUBTITLE C. THE UNIVERSITY OF TEXAS SYSTEM
CHAPTER 73. THE UNIVERSITY OF TEXAS AT HOUSTON
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 73.001. COMPOSITION. The University of Texas at Houston is
composed of the following component institutions under the
management and control of the board of regents of The University
of Texas System:
(1) The University of Texas Medical School at Houston;
(2) The University of Texas Dental Branch at Houston;
(3) The University of Texas M. D. Anderson Cancer Center;
(4) The University of Texas Graduate School of Biomedical
Sciences at Houston;
(5) The University of Texas School of Public Health at Houston;
(6) The University of Texas School of Nursing at Houston; and
(7) other institutions and activities assigned to it from time
to time.
Acts 1971, 62nd Leg., p. 3170, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1989, 71st Leg., ch. 644, Sec. 5,
eff. June 14, 1989.
SUBCHAPTER B. THE UNIVERSITY OF TEXAS MEDICAL SCHOOL AT HOUSTON
Sec. 73.051. SHORT TITLE. This subchapter may be cited as the
Brooks-Bass Medical Training Act of 1969.
Acts 1971, 62nd Leg., p. 3170, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.052. ESTABLISHMENT; SCOPE. The board of regents shall
establish and maintain The University of Texas Medical School at
Houston, a component institution of the university system located
in Harris County. The board may provide for the training and
teaching of medical students, medical technicians, and other
technicians in the practice of medicine.
Acts 1971, 62nd Leg., p. 3170, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.053. TRANSFER OF DIVISION OF CONTINUING EDUCATION. The
board may transfer the division of continuing education from The
University of Texas Graduate School of Biomedical Sciences at
Houston to The University of Texas Medical School at Houston.
After the transfer, all appropriations, assets, funds, property,
and equipment owned or held by the division of continuing
education shall be owned, held, and controlled by The University
of Texas Medical School at Houston.
Acts 1971, 62nd Leg., p. 3171, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.054. COURSES AND DEGREES; RULES AND REGULATIONS. The
board may prescribe courses leading to customary degrees offered
in other leading American medical schools, may award the degrees,
and may make other rules and regulations for the operation,
control, and management of the school, including the
determination of the number of students that shall be admitted to
any degree-granting program, that are necessary for the conduct
of a professional school of the first class.
Acts 1971, 62nd Leg., p. 3171, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.055. AFFILIATION AGREEMENTS; JOINT APPOINTMENTS. The
board may execute and carry out with any entity or institution
affiliation or coordinating agreements that are reasonably
necessary or desirable for the conduct and operation of a
professional school of the first class; and the board may make
joint appointments in other institutions under its governance.
The salary of any person who receives a joint appointment shall
be apportioned to the appointing institutions on the basis of
services rendered.
Acts 1971, 62nd Leg., p. 3171, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.056. GIFTS AND GRANTS. The board may accept and
administer, on terms and conditions satisfactory to it, grants or
gifts of property, including real estate and money, that may be
tendered to it in aid of the planning, establishment, conduct,
and operation of the school and in aid of research and teaching
at the school. The board may accept from the federal government
or any foundation, trust fund, corporation, or individual
donations, gifts, and grants, including real estate, buildings,
libraries, laboratories, apparatus, equipment, records, or money,
for the use and benefit of the school.
Acts 1971, 62nd Leg., p. 3171, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.057. TEACHING HOSPITAL. A complete teaching hospital
for the school shall be furnished at no cost or expense to the
state, and the state shall never contribute any funds for the
construction, maintenance, or operation of a teaching hospital
for the school.
Acts 1971, 62nd Leg., p. 3171, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
SUBCHAPTER C. THE UNIVERSITY OF TEXAS M. D. ANDERSON CANCER
CENTER
Sec. 73.101. LOCATION. The University of Texas M. D. Anderson
Cancer Center is located in the Texas Medical Center in the city
of Houston.
Acts 1971, 62nd Leg., p. 3172, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1989, 71st Leg., ch. 644, Sec. 7,
eff. June 14, 1989.
Sec. 73.102. PURPOSE; DEGREE PROGRAMS. (a) The institution and
its substations shall be devoted to the diagnosis, teaching,
study, prevention, and treatment of neoplastic and allied
diseases.
(b) If the Texas Higher Education Coordinating Board determines
that the role and mission of the institution should be changed to
include degree-granting authority, the board of regents may:
(1) prescribe courses and conduct allied health professional
degree programs related to the purposes of the institution
described by Subsection (a); and
(2) jointly prescribe courses and jointly conduct graduate
programs at the master's and doctoral levels related to those
purposes with The University of Texas Health Science Center at
Houston Graduate School of Biomedical Sciences.
(c) The degree programs to be offered under Subsection (b) are
subject to approval by the coordinating board.
Acts 1971, 62nd Leg., p. 3172, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1999, 76th Leg., ch. 112, Sec. 1,
eff. May 17, 1999; Acts 2001, 77th Leg., ch. 86, Sec. 1, eff. May
11, 2001.
Sec. 73.103. PRESIDENT. (a) The board of regents shall appoint
a president of the institution.
(b) To be qualified for appointment as president, a person must
be a licensed physician possessing an M.D. degree with at least
five years of experience practicing medicine.
(c) The president has charge of the operation and conduct of the
institution and has any other powers and duties conferred on him
by the board.
Acts 1971, 62nd Leg., p. 3172, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.104. MEDICAL STAFF. The medical staff of the
institution shall be selected and employed by the board on the
recommendation of the president, and may be discharged in like
manner.
Acts 1971, 62nd Leg., p. 3172, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.105. DIAGNOSTIC AND TREATMENT SUBSTATIONS. The board
may establish and maintain diagnostic and treatment substations
as deemed expedient from time to time. The location, erection,
operation, and management of the substations are under the
control and direction of the board, subject to the other
provisions of this subchapter. The substations and the main
institution shall conform to the standards of the American
College of Surgeons and the American Medical Association.
Acts 1971, 62nd Leg., p. 3172, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.106. PATIENTS. This subchapter governs the admission of
patients to the institution and its substations, the support of
patients, and other matters relating to patients.
Acts 1971, 62nd Leg., p. 3172, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1995, 74th Leg., ch. 3, Sec. 1,
eff. Sept. 1, 1995.
Sec. 73.107. ADMISSION: RULES AND REGULATIONS; APPROVAL OF
PRESIDENT. (a) Admission to the institution and its substations
is subject to rules and regulations promulgated from time to time
by the president.
(b) No person shall be admitted until the president is satisfied
that all requirements of this subchapter and the rules and
regulations of the president have been met.
Acts 1971, 62nd Leg., p. 3172, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.108. APPLICATION. (a) Admission is subject to the
written application of the patient, the guardian of the patient,
or some friend or relative of the patient.
(b) The written application shall be on forms prescribed by the
president and shall include:
(1) the patient's name, age, sex, and national origin;
(2) the patient's residence address or addresses for at least
the two-year period preceding the date of the application;
(3) the patient's occupation, trade, profession, or employment;
(4) the names and addresses of the patient's parents, children,
brothers, sisters, and other responsible relatives, if any;
(5) the names, addresses, and ages of any relatives who are or
who may have been similarly afflicted;
(6) a complete statement of the location, description, and value
of any real or personal property owned, possessed, or held by the
patient or his guardian;
(7) the name of each person legally liable for the support of
the patient and a statement of the location, description, and
value of any real or personal property owned, possessed, or held
by that person; and
(8) any other information or statements that may be required by
the president.
(c) The application may be accompanied by a written request for
the patient's admission by his attending physician which
includes:
(1) a statement that he has adequately examined the patient and
that the patient has, or is suspected of having, a neoplasm or
allied disease;
(2) a statement indicating the duration of the disease, if
known, and indicating any accompanying bodily disorder or
disorders the patient may have at the time of the application;
and
(3) any other information that may be required by the president.
Acts 1971, 62nd Leg., p. 3173, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971. Amended by Acts 1995, 74th Leg., ch. 3, Sec. 2,
eff. March 20, 1995.
Sec. 73.109. FEE SCHEDULE. The president shall establish a
schedule of minimum fees and charges conforming to the fees and
charges customarily made for similar services in the community in
which the services are rendered.
Acts 1971, 62nd Leg., p. 3173, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.110. GIFTS AND GRANTS. The board may accept gifts and
grants of money from other than state sources for the benefit of
the institution and its substations.
Acts 1971, 62nd Leg., p. 3173, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.111. ACCEPTANCE OF LAND IN MEDICAL CENTER. The board
may accept for and in behalf of the State of Texas title by
proper conveyance or conveyances to any land located in the Texas
Medical Center for the operation and maintenance of the program
of the institution.
Acts 1971, 62nd Leg., p. 3173, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.112. TREATMENT OF INDIGENT PATIENTS. (a) The
institution may enter into a contract with a county, public
hospital, or hospital district to provide treatment to residents
of the county or service area who are eligible for health care
assistance under Chapter 61, Health and Safety Code (Indigent
Health Care and Treatment Act).
(b) The liability of a county, public hospital, or hospital
district to the institution for the treatment of residents of the
county or service area by the institution shall not exceed the
responsibility of a county as provided for in Chapter 61, Health
and Safety Code, unless agreed to by the county, public hospital,
or hospital district in a contract entered into pursuant to this
section.
(c) If a contract is entered into pursuant to this section, the
liability of a county, public hospital, or hospital district
under the contract shall take into consideration the actual costs
of the institution in providing health care services pursuant to
the contract, but in no event shall the liability exceed such
costs.
(d) If a contract is not entered into pursuant to this section,
the institution shall receive the approval of a county, public
hospital, or hospital district before providing nonemergency
health care services to an eligible resident of the county or
service area. If such approval is not received, the county,
public hospital, or hospital district is not liable to the
institution for any nonemergency care provided to such persons.
If such approval is received, the county, public hospital, or
hospital district is liable to the institution as provided in
Subsection (b) for the services provided by the institution to
such persons.
(e) As used in this section, "eligible resident," "hospital
district," "public hospital," and "service area" have the
meanings assigned by Chapter 61, Health and Safety Code.
Added by Acts 1995, 74th Leg., ch. 3, Sec. 3, eff. Sept. 1, 1995.
Sec. 73.113. SUFFICIENCY OF INSTITUTIONAL FUNDS, FEES, AND
PATIENT BASE. The institution shall ensure that institutional
funds and the institution's hospital and clinic fees and patient
base are sufficient to fund and achieve the mission and strategic
plan of the institution and protect the state's investment in the
development of the institution.
Added by Acts 1995, 74th Leg., ch. 3, Sec. 3, eff. March 20,
1995.
Sec. 73.114. INCENTIVE RETIREMENT PLANS. (a) The institution
may offer incentive retirement plans to employees of the
institution who elect to retire under other state law.
(b) An incentive offered to an employee by the institution must
be paid from institutional funds or hospital or clinic fees.
(c) An institutional plan providing for incentive retirement
plans must be filed with the Legislative Budget Board not later
than the 61st day before the date the plan is implemented.
(d) The institution may not rehire an employee receiving a
retirement incentive under this section without the specific
approval of the president.
Added by Acts 1995, 74th Leg., ch. 3, Sec. 3, eff. March 20,
1995.
Sec. 73.115. ACQUISITION OF GOODS AND SERVICES. (a) The
institution may acquire goods or services by the method that
provides the best value to the institution, including:
(1) competitive bidding;
(2) competitive sealed proposals;
(3) catalogue purchase;
(4) a group purchasing program; or
(5) an open market contract.
(b) In determining what is the best value to the institution,
the institution shall consider:
(1) the purchase price;
(2) the reputation of the vendor and of the vendor's goods or
services;
(3) the quality of the vendor's goods or services;
(4) the extent to which the goods or services meet the
institution's needs;
(5) the vendor's past relationship with the institution;
(6) the impact on the ability of the institution to comply with
laws and rules relating to historically underutilized businesses;
(7) the total long-term cost to the institution of acquiring the
vendor's goods or services; and
(8) any other relevant factor that a private business entity
would consider in selecting a vendor.
(c) The state auditor may audit purchases of goods or services
by the institution.
(d) The institution may adopt rules and procedures for the
acquisition of goods or services.
(e) To the extent of any conflict, this section prevails over
any other law relating to the purchasing of goods and services
except a law relating to contracting with historically
underutilized businesses.
(f) Except as otherwise provided by this section, Subtitle D,
Title 10, Government Code and Chapter 2254, Government Code, do
not apply to purchases of goods and services made under this
section.
Added by Acts 1995, 74th Leg., ch. 3, Sec. 3, eff. March 20,
1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19(4),
eff. Sept. 1, 1997.
SUBCHAPTER D. THE UNIVERSITY OF TEXAS GRADUATE SCHOOL OF
BIOMEDICAL SCIENCES AT HOUSTON
Sec. 73.151. DEAN. (a) The University of Texas Graduate School
of Biomedical Sciences at Houston is under the direction of a
dean appointed by the board of regents.
(b) To be qualified for appointment as dean, a person must have
a doctor of medicine degree or a doctor of philosophy degree in
one of the biomedical sciences.
(c) The dean is responsible through the chancellor or other
executive officer of the system to the board.
Acts 1971, 62nd Leg., p. 3174, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.152. SCOPE; DEGREE PROGRAMS; RULES AND REGULATIONS. (a)
The board of regents may prescribe courses and conduct graduate
and postdoctoral programs at the master's and doctoral levels in
the sciences and other academic areas directly related to medical
education and research, but the board shall not operate this
institution as a general academic graduate school. The degree
programs to be offered by the graduate school are subject to
approval by the Coordinating Board, Texas College and University
System.
(b) The board of regents may make rules and regulations
necessary for the operation, control, and management of the
graduate school.
Acts 1971, 62nd Leg., p. 3174, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.153. GIFTS AND GRANTS. The board may accept and
administer grants and gifts from any source for the benefit of
the graduate school.
Acts 1971, 62nd Leg., p. 3174, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.154. RESEARCH AND GRADUATE INSTRUCTION; JOINT
APPOINTMENTS. (a) The board may expend funds appropriated by
the legislature to the graduate school and grant, gift, and
contract funds of the school in support of research and graduate
instruction, within approved areas and programs, to be carried
out either in its own facilities or in the facilities of other
component units of The University of Texas at Houston.
(b) The board may make joint appointments in the graduate school
and in one or more of the other component units of The University
of Texas System. The salary of a person who is receiving a joint
appointment shall be apportioned to the different units on the
basis of services rendered.
Acts 1971, 62nd Leg., p. 3174, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.155. AFFILIATION AND COOPERATION WITH OTHER UNITS. The
graduate school shall maintain the closest possible affiliation
with the science programs at The University of Texas at Austin
and with the other medical units of The University of Texas
System. It shall cooperate with other institutions, private and
public, in furtherance of research in the biomedical sciences and
related fields.
Acts 1971, 62nd Leg., p. 3174, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.156. DIVISION OF CONTINUING EDUCATION. The board may
establish as a part of the graduate school a separate division of
continuing education for physicians.
Acts 1971, 62nd Leg., p. 3175, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
SUBCHAPTER E. THE UNIVERSITY OF TEXAS SCHOOL OF PUBLIC HEALTH AT
HOUSTON
Sec. 73.201. LOCATION. The University of Texas School of Public
Health at Houston is located in the Texas Medical Center in the
city of Houston.
Acts 1971, 62nd Leg., p. 3175, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.202. GIFTS AND DONATIONS. The board of regents may
accept gifts and donations for the benefit of the school.
Acts 1971, 62nd Leg., p. 3175, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
SUBCHAPTER F. THE UNIVERSITY OF TEXAS DENTAL BRANCH AT HOUSTON
Sec. 73.301. COMPOSITION, LOCATION. The University of Texas
Dental Branch at Houston is composed of The University of Texas
Dental School at Houston, The University of Texas Dental Science
Institute at Houston, The University of Texas School of Dental
Hygiene at Houston, The University of Texas Postgraduate School
of Dentistry at Houston, and other institutions and activities
assigned to it from time to time. It is located in the Texas
Medical Center.
Acts 1971, 62nd Leg., p. 3175, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.302. PURPOSE. The principal purpose of the dental
school is to teach the subjects of dental education that will
give a thorough knowledge of dentistry and related subjects and
that meet the requirements of the Council on Dental Education,
the American Association of Dental Schools, and other educational
associations of similar standards concerned with dental
education.
Acts 1971, 62nd Leg., p. 3175, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.303. FACULTY. The board of regents shall appoint the
faculty of the dental school.
Acts 1971, 62nd Leg., p. 3175, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.304. COURSES AND DEGREES; RULES AND REGULATIONS. (a)
The board may confer degrees and issue diplomas, and may fix a
standard of grades for students.
(b) The dental school shall have regular courses leading to
degrees and special courses deemed necessary by the board.
(c) The board may make other rules and regulations it deems
necessary for the proper control and management of the dental
school.
Acts 1971, 62nd Leg., p. 3175, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
Sec. 73.305. GIFTS AND GRANTS. The board may accept gifts and
grants from any source for the benefit of the dental branch.
Acts 1971, 62nd Leg., p. 3176, ch. 1024, art. 1, Sec. 1, eff.
Sept. 1, 1971.
SUBCHAPTER G. HARRIS COUNTY PSYCHIATRIC CENTER
Sec. 73.401. ESTABLISHMENT. The Harris County Psychiatric
Center has been developed and built by Harris County, Texas, and
the Texas Department of Mental Health and Mental Retardation. The
facilities of the Harris County Psychiatric Center to be operated
by The University of Texas System shall be operated consistent
with the rules and regulations of the board of regents and with
the provisions of this subchapter.
Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,
1985.
Sec. 73.402. MISSION. The Harris County Psychiatric Center has
been established with the mission of caring for mentally ill
persons; other major parts of this mission include research into
the causes and cures of mental illness and the education of
professionals in the care of the mentally ill.
Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,
1985.
Sec. 73.403. OPERATION OF COMMITMENT CENTER. Harris County
and/or the Mental Health and Mental Retardation Authority (MHMRA)
of Harris County may operate on the premises of the Harris County
Psychiatric Center a commitment center, the functions of which
may include patient screening, intake, and admissions (both
voluntary and involuntary) to the Harris County Psychiatric
Center as may be provided for in a lease and/or sublease and
operating agreement as authorized under Section 73.405 of this
code. The functions of the Harris County Psychiatric Commitment
Center located on the premises of the Harris County Psychiatric
Center both in terms of operation and in terms of funding shall
not be the responsibility of the Texas Department of Mental
Health and Mental Retardation or The University of Texas System.
As may be provided for in a lease and/or sublease and operating
agreement, The University of Texas System may charge for any
support services provided by the Harris County Psychiatric Center
to the commitment center.
Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,
1985.
Sec. 73.404. FUNDING. (a) Funding for the state-supported
facilities and operations of the Harris County Psychiatric Center
shall be provided through legislative appropriations to the Texas
Department of Mental Health and Mental Retardation and to The
University of Texas System, and any appropriations to the
department for the Harris County Psychiatric Center shall be
transferred to The University of Texas System in accordance with
the General Appropriations Act and the lease and/or sublease and
operating agreement provided for in Section 73.405 of this code.
Legislative appropriations may be for any further construction at
the Harris County Psychiatric Center; for equipment, both fixed
and movable; for utilities, including data processing and
communications; for maintenance, repairs, renovations, and
additions; for any damage or destruction; and for operations of
the Harris County Psychiatric Center; provided, however, that as
to funding for Harris County Psychiatric Center operations,
legislative appropriations shall not exceed 85 percent of the
total operating costs of the entire Harris County Psychiatric
Center, exclusive of any costs of the commitment center.
(b) Any funding, under a lease and/or sublease and operating
agreement wherein The University of Texas System is the lessee,
for the county-supported and/or MHMRA-supported facilities and
operations of the Harris County Psychiatric Center, which may be
provided through county appropriations, including funds made
available by the Harris County Mental Health and Mental
Retardation Authority, or from gifts and grants, shall be
transferred in accordance with the lease and/or sublease and
operating agreement provided for in Section 73.405 of this code.
Such funds may be for any further construction at the Harris
County Psychiatric Center; for equipment, both fixed and movable;
for utilities, including data processing and communications; for
maintenance, repairs, renovations, and additions; for any damage
or destruction; and for Harris County Psychiatric Center
operations which latter funding may be proportional to the total
costs of The University of Texas System operating the entire
Harris County Psychiatric Center, exclusive of any additional
cost of Harris County and/or MHMRA operating the commitment
center, which costs shall remain the sole responsibility of
Harris County and/or MHMRA.
Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,
1985.
Sec. 73.405. OPERATIONS. (a) The state-supported facilities of
the Harris County Psychiatric Center shall be leased to and
operated and administered by The University of Texas System in
accordance with a lease and operating agreement. The
county-supported and/or MHMRA-supported facilities, exclusive of
the commitment center, may be leased and/or subleased by The
University of Texas System in the same lease and/or sublease and
operating agreement. Any lease and/or sublease and operating
agreement shall provide for a lease payment by The University of
Texas System of no more than $1 per year plus other good and
valuable consideration as provided for in Section 73.406 of this
code.
(b) In any lease and/or sublease and operating agreement, the
board of regents of The University of Texas System shall be the
governing board of the Harris County Psychiatric Center
facilities that are leased and/or subleased and operated by The
University of Texas System.
(c) Any lease and/or sublease and operating agreement may
provide all necessary or desirable terms for the operation of the
Harris County Psychiatric Center and may provide for duties and
powers with respect to medical and legal matters, Harris County
Psychiatric Center administration, staffing, patient services,
reports, annual operating budgets of the Harris County
Psychiatric Center, and transfers of appropriated funds as
provided for in Section 73.404 of this code.
(d) Any lease and/or sublease and operating agreement shall
provide that The University of Texas System shall cause the
Harris County Psychiatric Center to be operated in accordance
with the standards for accreditation of the Joint Commission on
Accreditation of Hospitals; that all financial transactions and
performance programs may be appropriately audited; that an
admission, discharge, and transfer coordination policy be
established; that appropriate patient data be made available to
the department, MHMRA, and the county, including but not limited
to diagnosis and lengths of stay; and that a priority of patient
treatment policy be established.
Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,
1985.
Sec. 73.406. REVENUES. That portion of any revenues related to
the provision of patient services through the operation of the
Harris County Psychiatric Center facilities that are leased
and/or subleased by and to The University of Texas System shall
be accounted for and expended in accordance with the rules,
regulations, and bylaws of The University of Texas System and in
such manner that such revenues will reduce appropriated and
funded requirements by both the state and county or MHMRA on a
prorated basis, all as may be provided for in a lease and/or
sublease and operating agreement.
Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,
1985.
SUBCHAPTER H. RESEARCH INSTITUTE
Sec. 73.501. TRANSFER AND LEASE OF FACILITIES. (a) The
governance, operation, management, and control of the Texas
Research Institute of Mental Sciences created by Chapter 427,
Acts of the 55th Legislature, Regular Session, 1957, as amended
(Article 3174b-4, Vernon's Texas Civil Statutes), and all land,
buildings, improvements thereon, and major fixed equipment
comprising said institute shall be leased from the Texas
Department of Mental Health and Mental Retardation and
transferred to the board of regents of The University of Texas
System for $1 a year and shall be subject to the provisions of
Subdivision (9) of Subsection (a) of Section 65.02 of the
Education Code.
(b) All land, buildings, and improvements thereon and major
fixed equipment comprising said institute leased by The
University of Texas System shall be utilized only for purposes of
patient care services, research, and education related to mental
health and mental retardation. The Texas Department of Mental
Health and Mental Retardation may sell or otherwise dispose of
the land, buildings, improvements thereon, or major fixed
equipment provided that the proceeds from the sale or other
disposition shall be used for the same purposes in Harris County;
and further provided, that the board of regents of The University
of Texas System, prior to such sale or other disposition, has
approved of such sale or disposition and the allocation of
proceeds.
Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,
1985.
Sec. 73.502. TRANSFER OF GIFTS, GRANTS, UNEXPENDED BALANCES,
CONTRACTS, AND OBLIGATIONS. Any gifts, grants, unexpended
balances of appropriated or unappropriated funds, and all movable
equipment held by the Texas Department of Mental Health and
Mental Retardation for, on behalf of, or for the use and benefit
of the Texas Research Institute of Mental Sciences are hereby
transferred to The University of Texas System; provided, however,
that all previously appropriated funds for statewide training of
department personnel and program evaluation by the institute
shall be retained by the department. All contracts and written
obligations of every kind and character entered into by the Texas
Department of Mental Health and Mental Retardation for and on
behalf of the Texas Research Institute of Mental Sciences are
ratified, confirmed, and validated, and in all such contracts and
written obligations, the board of regents of The University of
Texas System is substituted in lieu and shall stand and act in
place and stead of the Texas Department of Mental Health and
Mental Retardation; provided, however, that an advisory committee
shall be established with regard to research protocols and the
commissioner of the department shall be a member; provided
further, that The University of Texas System may contract with
the department for continued extramural and other laboratory
consultative services. The Texas Department of Mental Health and
Mental Retardation, Harris County, and the Mental Health and
Mental Retardation Authority of Harris County shall provide for
the continuity of inpatient and outpatient care of the patients
and programs operated at the Texas Research Institute of Mental
Sciences and may contract for the provision of such services in
accordance with the provisions of and appropriations provided in
the General Appropriations Act.
Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,
1985.
Sec. 73.503. EMPLOYEES. (a) Present institute personnel shall
be allowed to apply for employment with The University of Texas
System, Harris County, or the Mental Health and Mental
Retardation Authority of Harris County and be given priority
consideration for such employment.
(b) If employed by The University of Texas System, when the
Texas Research Institute of Mental Sciences is transferred to The
University of Texas System, employees of the institute who become
employees of The University of Texas System shall become members
of the Teacher Retirement System of Texas, if they are otherwise
eligible under the law and rules governing membership, and all
their service and salary credit shall be transferred from the
Employees Retirement System to the Teacher Retirement System,
subject to Subsections (c) and (d) of this section.
(c) Service of those employees that was covered by the Employees
Retirement System before the transfer shall thereafter be
regarded as service that was covered by the Teacher Retirement
System. The law and rules of the Teacher Retirement System
pertaining to membership, service and salary credit, member
contributions, and reinstatement of withdrawn accounts shall
apply to service occurring before the transfer, except that the
member contribution rate for such service shall be that in effect
for members of the Employees Retirement System. Member
contributions previously withdrawn from the Employees Retirement
System may be reinstated in the Teacher Retirement System only
subject to the laws and rules governing reinstatement of accounts
and credit in the Teacher Retirement System.
(d) Military service credit already established with the
Employees Retirement System will be credited by the Teacher
Retirement System only when the employee's service credit,
excluding military credit, in the Teacher Retirement System
consists of at least 10 years. Deposits for military credit
transferred under Subsection (e) of this section will be placed
in the member savings account of the employee and refunded if the
employee dies or retires on a disability benefit before obtaining
10 years of credit. An employee may obtain a total of no more
than five years of military service credit in the Teacher
Retirement System, including military credit transferred pursuant
to this section, and may not receive duplicate credit for the
same military duty.
(e) When credit is transferred pursuant to this section or as
soon thereafter as possible, the Employees Retirement System
shall transfer to the Teacher Retirement System the following:
(1) all amounts in the individual member accounts with the
Employees Retirement System of employees described in Subsection
(b) of this section and any member contributions subsequently
received for these employees for service before the date of
transfer; and
(2) an amount from the state accumulation fund determined by the
actuary of the Employees Retirement System to be such that the
transfer of funds and service credit under this section will
neither increase nor diminish the period required to amortize the
unfunded liability of that system.
(f) An employee described in Subsection (b) of this section
shall not be entitled to a refund of contributions or retirement
from the Employees Retirement System in lieu of the transfer of
credit provided by this Act. After the transfer of the institute
to The University of Texas System, the employee shall not be
entitled to credit in the Employees Retirement System for service
subject to transfer to the Teacher Retirement System under this
section.
(g) The legislature may appropriate to the Teacher Retirement
System an amount determined necessary to finance the additional
actuarial liabilities created by this section and not financed by
the transfer of funds provided by Subsection (e) of this section.
(h) The Employees Retirement System, the Texas Department of
Mental Health and Mental Retardation, and The University of Texas
System shall provide the Teacher Retirement System with
information necessary to establish employees' rights to credit
under this section. The Employees Retirement System and the
Teacher Retirement System shall establish procedures to prevent
duplication of retirement credit for the same service.
(i) If employed by The University of Texas System, such
employees shall be subject to the personnel policies, rules, and
regulations of the board of regents of The University of Texas
System, after the transfer provided for in this section.
Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,
1985.
Sec. 73.504. NAME OF INSTITUTE. Hereafter, the name of the
institute shall be The University of Texas Mental Sciences
Institute.
Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,
1985.