CHAPTER 74. OTHER MEDICAL, DENTAL, AND NURSING UNITS OF THE UNIVERSITY OF TEXAS SYSTEM

EDUCATION CODE

TITLE 3. HIGHER EDUCATION

SUBTITLE C. THE UNIVERSITY OF TEXAS SYSTEM

CHAPTER 74. OTHER MEDICAL, DENTAL, AND NURSING UNITS OF THE

UNIVERSITY OF TEXAS SYSTEM

SUBCHAPTER A. THE UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON

Sec. 74.001. COMPOSITION. The University of Texas Medical

Branch at Galveston is composed of the following component

institutions under the control and management of the Board of

Regents of The University of Texas System:

(1) The University of Texas Medical School at Galveston,

including:

(A) the Graduate School;

(B) the School of Allied Health Sciences; and

(C) the Marine Biomedical Institute;

(2) The University of Texas Hospitals at Galveston, including:

(A) John Sealy Hospital;

(B) Children's Hospital;

(C) Marvin L. Graves Hospital;

(D) Randall Pavilion;

(E) Moody State School for Cerebral Palsied Children;

(F) R. Waverly Smith Pavilion;

(G) Jennie Sealy Hospital;

(H) John W. McCullough Outpatient Clinic;

(I) Rebecca Sealy Outpatient Facility; and

(J) Rosa and Henry Ziegler Hospital; and

(3) other institutions that may be assigned to it from time to

time.

Acts 1971, 62nd Leg., p. 3178, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.002. JENNIE SEALY HOSPITAL; R. WAVERLY SMITH PAVILION.

(a) The Jennie Sealy Hospital and the R. Waverly Smith Pavilion

shall be operated by the medical branch as integral parts of its

hospital operations.

(b) Title to those facilities shall remain in the name of the

Sealy-Smith Foundation; and the property may be leased to, but

shall not be sold to, the medical branch or to The University of

Texas System. The Board of Regents of The University of Texas

System has the sole authority to execute such lease or leases

with the Sealy-Smith Foundation relating to the Jennie Sealy

Hospital and the R. Waverly Smith Pavilion under such terms and

conditions as the board considers to be in the best interests of

the medical branch.

(c) Except as otherwise provided in this section, the land on

which Jennie Sealy Hospital is situated (Lots 11, 12, 13, and 14,

Block 667, city of Galveston, Galveston County, Texas, conveyed

to the Sealy-Smith Foundation by the board of regents) shall be

used as the site of the Jennie Sealy Hospital, and in the event

the land is not so utilized the title reverts to the board of

regents.

(d) By agreement between the board of regents of The University

of Texas System and the trustees of the Sealy-Smith Foundation,

the purpose or use of these facilities may be changed to any

other purpose or use consistent with the purposes of the

foundation and with the operation of a medical school.

Acts 1971, 62nd Leg., p. 3178, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1979, 66th Leg., p. 665, ch. 293,

Sec. 1 to 3, eff. Sept. 1, 1979.

Sec. 74.003. LAND ACQUISITION. The board may acquire by

donation or deed of gift, for the use and benefit of the medical

branch, any and all properties contiguous or adjacent, or both,

to the campus of the medical branch when the lands are deemed

necessary for campus expansion.

Acts 1971, 62nd Leg., p. 3179, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.004. CENTENNIAL SCHOLARS MATCHING FUND. (a) The

Centennial Scholars Matching Fund is created at the medical

branch to recognize the historic role the medical branch has

played in contributing to medical research and scholarship and to

encourage the further development of that role by enhancing the

recruitment and retention of eminent medical scholars and

researchers.

(b) The fund shall consist of gifts, grants, and donations from

private sources, appropriations from the legislature, and income

earned on money in the fund.

(c) The legislature may appropriate to the fund an amount not to

exceed the amount of gifts, grants, and donations paid to the

fund from private sources during the preceding biennium. The

legislature shall not appropriate any state funds to the fund

after the year 1992.

(d) The medical branch shall report to the Legislative Budget

Board in December of each even-numbered year all eligible gifts,

grants, and donations paid to the fund from private sources

during the biennium.

Added by Acts 1989, 71st Leg., ch. 928, Sec. 1, eff. June 14,

1989.

Sec. 74.005. TREATMENT OF CERTAIN PATIENTS. (a) The medical

branch may enter into one or more contracts with a county, public

hospital, or hospital district to provide treatment to residents

of the county or service area, including a contract to provide

treatment to residents who are eligible for health care

assistance under Chapter 61, Health and Safety Code.

(b) If a contract is entered into under this section, the

liability of a county, public hospital, or hospital district

under the contract shall take into consideration the actual costs

of the medical branch in providing health care services pursuant

to the contract, but in no event may the liability of a county,

public hospital, or hospital district exceed the medical branch's

costs.

(c) If a contract to provide treatment to an eligible resident

of a county or service area is not entered into under this

section, the medical branch must receive the approval of the

appropriate county, public hospital, or hospital district before

providing nonemergency health care services to the resident. If

that approval is not received, the county, public hospital, or

hospital district is not liable to the medical branch for any

nonemergency care provided to the resident. If approval is

received, the county, public hospital, or hospital district is

liable to the medical branch under Subsection (d) for the

services provided by the medical branch to the resident.

(d) The liability of a county, public hospital, or hospital

district to the medical branch for the treatment of eligible

residents of the county or service area by the medical branch may

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 to

provide treatment to those residents that is entered into under

this section.

(e) In this section, "eligible resident," "hospital district,"

"public hospital," and "service area" have the same meanings

assigned those terms by Chapter 61, Health and Safety Code.

Added by Acts 1999, 76th Leg., ch. 1410, Sec. 1, eff. Sept. 1,

1999.

Sec. 74.006. SUFFICIENCY OF FUNDS. The medical branch shall

take any reasonable administrative or management action necessary

to achieve the mission and strategic plan of the medical branch

within the total amount of funds received by the medical branch

from all sources, including institutional and local funds and

hospital and clinic fees.

Added by Acts 1999, 76th Leg., ch. 1410, Sec. 1, eff. Sept. 1,

1999.

Sec. 74.007. INCENTIVE RETIREMENT PLANS. (a) The medical

branch may offer incentive retirement plans to employees of the

medical branch who elect to retire under other state law.

(b) An incentive offered to an employee by the medical branch

must be paid from the medical branch's funds or hospital or

clinic fees.

(c) The medical branch may not rehire an employee receiving a

retirement incentive under this section without the specific

approval of the president.

Added by Acts 1999, 76th Leg., ch. 1410, Sec. 1, eff. Sept. 1,

1999.

Sec. 74.008. ACQUISITION OF GOODS OR SERVICES. (a) The medical

branch may acquire goods or services by the method that provides

the best value to the medical branch, 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 medical branch,

the medical branch 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 medical

branch's needs;

(5) the vendor's past relationship with the medical branch;

(6) the impact on the ability of the medical branch to comply

with laws and rules relating to historically underutilized

businesses;

(7) the total long-term cost to the medical branch 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 medical branch.

(d) The medical branch 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 or services

except a law relating to contracting with historically

underutilized businesses or relating to the procurement of goods

and services from persons with disabilities.

(f) This section does not apply to purchases of professional

services subject to Chapter 2254, Government Code.

(g) Except as otherwise provided by this section, Subtitle D,

Title 10, Government Code, does not apply to purchases of goods

and services made under this section.

Added by Acts 1999, 76th Leg., ch. 1410, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER C. THE UNIVERSITY OF TEXAS SOUTHWESTERN MEDICAL CENTER

AT DALLAS

Sec. 74.101. COMPONENT INSTITUTION. The University of Texas

Southwestern Medical Center at Dallas is a component institution

of The University of Texas System under the management and

control of the board of regents of The University of Texas

System.

Acts 1971, 62nd Leg., p. 3182, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1989, 71st Leg., ch. 644, Sec. 9,

eff. June 14, 1989.

Sec. 74.102. COURSES AND DEGREES; RULES AND REGULATIONS. The

board of regents may prescribe courses leading to customary

degrees and may make rules and regulations for the operation,

control, and management of the medical school as may be necessary

for its conduct as a medical school of the first class.

Acts 1971, 62nd Leg., p. 3182, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.103. GIFTS AND GRANTS. The board may accept and

administer, on terms and conditions satisfactory to it, grants

and gifts tendered to it in aid of research and teaching at the

medical school. The board may also 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, and leases, for the exclusive use and benefit of the

medical school.

Acts 1971, 62nd Leg., p. 3182, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 2001, 77th Leg., ch. 118, Sec.

3.01, eff. Sept. 1, 2001.

Sec. 74.104. ENTERING CLASSES. The medical school shall admit

at least 100 students in each entering class.

Acts 1971, 62nd Leg., p. 3182, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.105. LEASE OF LAND FOR HOSPITAL, ETC. (a) The board

may lease to nonprofit charitable, scientific, or educational

corporations organized under the laws of the State of Texas, or

to any governmental agency or agencies, a tract or tracts of land

situated in Dallas County out of land previously deeded by

Southwestern Medical Foundation to the State of Texas.

(b) A lease under this section shall be on the terms,

conditions, and provisions and for a period of years determined

by the board. No lease shall be for a term of more than 99 years.

(c) A lease under this section shall be made only to a nonprofit

corporation or governmental agency for the purpose of

constructing, maintaining, and operating a hospital, hospitals,

or public health centers and services; or for the purpose of

constructing, maintaining, and operating dormitories and housing

facilities for students attending the medical school or persons

employed by and in institutions located on the property.

(d) In no event shall the State of Texas or The University of

Texas System be liable, directly or indirectly, for any expense

or cost in connection with the construction, operation, and

maintenance of any building or other improvement placed on the

leased premises by any lessee.

Acts 1971, 62nd Leg., p. 3182, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

SUBCHAPTER D. THE UNIVERSITY OF TEXAS MEDICAL SCHOOL AT SAN

ANTONIO

Sec. 74.151. COMPONENT INSTITUTION. The University of Texas

Medical School at San Antonio is a component institution of The

University of Texas System under the management and control of

the board of regents of The University of Texas System.

Acts 1971, 62nd Leg., p. 3183, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.152. COURSES AND DEGREES; RULES AND REGULATIONS. The

board of regents may prescribe courses leading to customary

degrees and may make rules and regulations for the operation,

control, and management of the medical school as may be necessary

for its conduct as a medical school of the first class.

Acts 1971, 62nd Leg., p. 3183, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.153. GIFTS AND GRANTS. The board may accept and

administer, on terms and conditions satisfactory to it, grants

and gifts tendered to it in aid of research and teaching at the

medical school. The board may also accept from the federal

government, any foundation, trust fund, corporation, or

individual donations, gifts, and grants, including real estate,

buildings, libraries, laboratories, apparatus, equipment,

records, and money, for the exclusive use and benefit of the

medical school.

Acts 1971, 62nd Leg., p. 3183, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 2001, 77th Leg., ch. 118, Sec.

3.02, eff. Sept. 1, 2001.

Sec. 74.154. TEACHING HOSPITAL. A teaching hospital deemed

suitable by the board shall be provided by the city or county

within one mile of the campus of the medical school. It shall be

maintained without cost to the state.

Acts 1971, 62nd Leg., p. 3183, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

SUBCHAPTER E. MEDICAL SCHOOL TO BE ESTABLISHED AND LOCATED BY

BOARD OF REGENTS

Sec. 74.201. ESTABLISHMENT AND LOCATION; NAME; SCOPE. (a) The

board of regents may establish and maintain an additional medical

branch of the university system at any location in the state.

However, the location of the medical school must be determined by

the board to be in the best interests of the people of the State

of Texas and must be approved by the Coordinating Board, Texas

College and University System. The school so established shall be

known by a name designated by the board. The board is prohibited,

however, from establishing this medical school in the same county

that maintains or operates the main campus of any public or

private medical school on September 1, 1969.

(b) The board may provide for the teaching and training of

medical students, medical technicians, and other technicians in

the practice of medicine.

Acts 1971, 62nd Leg., p. 3184, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.202. 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. 3184, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.203. 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. 3184, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.204. 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. 3184, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.205. 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. 3184, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

SUBCHAPTER F. THE UNIVERSITY OF TEXAS DENTAL SCHOOL AT SAN

ANTONIO

Sec. 74.251. COMPONENT INSTITUTION. The University of Texas

Dental School at San Antonio is a component institution of The

University of Texas System under the management and control of

the board of regents of The University of Texas System.

Acts 1971, 62nd Leg., p. 3185, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.252. TRAINING AND TEACHING. The board may provide for

the training and teaching of dental students, dental technicians,

and other technicians related to the practice of dentistry.

Acts 1971, 62nd Leg., p. 3185, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.253. COURSES AND DEGREES; RULES AND REGULATIONS. The

board may prescribe courses leading to customary degrees offered

in other leading American dental 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, as may be necessary for the conduct

of a professional school of the first class.

Acts 1971, 62nd Leg., p. 3185, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.254. 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 a person who receives a joint appointment shall be

apportioned to the appointing institutions on the basis of

services rendered.

Acts 1971, 62nd Leg., p. 3185, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.255. GIFTS AND GRANTS. The board may accept gifts and

grants from any source for the benefit of the dental school.

Acts 1971, 62nd Leg., p. 3185, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

SUBCHAPTER G. THE UNIVERSITY OF TEXAS (CLINICAL) NURSING SCHOOL

AT SAN ANTONIO

Sec. 74.301. ESTABLISHMENT; PURPOSE. The board of regents may

establish and maintain in Bexar County The University of Texas

(Clinical) Nursing School at San Antonio, a clinical nursing

school for the education of nursing students.

Acts 1971, 62nd Leg., p. 3185, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.302. HOSPITAL FACILITIES AND SERVICES. All hospital

facilities and services required for the operation and

maintenance of the nursing school shall be furnished and provided

at no cost or expense to the state at the time of completion of

the nursing school and subsequently.

Acts 1971, 62nd Leg., p. 3186, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.303. COURSES AND DEGREES; RULES AND REGULATIONS. The

board may prescribe courses leading to customary degrees offered

in other leading American nursing schools, may award those

degrees, and may make rules and regulations for the operation,

control, and management of the school as may be necessary for the

conduct of a professional school of the first class.

Acts 1971, 62nd Leg., p. 3186, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.304. 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, not in conflict with

Section 74.302 of this code; 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. 3186, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.305. GIFTS AND GRANTS. The board may accept and

administer, on terms and conditions satisfactory to it, grants

and 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 and money,

for the use and benefit of the school.

Acts 1971, 62nd Leg., p. 3186, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.306. LIBERAL ARTS COURSES PENDING ESTABLISHMENT. While

the nursing school is being established, students may take the

prerequisite liberal arts courses prescribed by the nursing

school.

Acts 1971, 62nd Leg., p. 3186, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

SUBCHAPTER H. THE UNIVERSITY OF TEXAS (UNDERGRADUATE) NURSING

SCHOOL AT EL PASO

Sec. 74.351. ESTABLISHMENT; PURPOSE. The board of regents may

establish and maintain in El Paso County The University of Texas

(Undergraduate) Nursing School at El Paso, a four-year school for

the education of nursing students.

Acts 1971, 62nd Leg., p. 3186, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.352. HOSPITAL FACILITIES AND SERVICES. All hospital

facilities and services required for the operation and

maintenance of the nursing school shall be furnished and provided

at no cost or expense to the state at the time of completion of

the nursing school and subsequently.

Acts 1971, 62nd Leg., p. 3187, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.353. COURSES AND DEGREES; RULES AND REGULATIONS. The

board may prescribe courses leading to customary degrees offered

in other leading American nursing schools, may award those

degrees, and may make rules and regulations for the operation,

control, and management of the school as may be necessary for the

conduct of a professional school of the first class.

Acts 1971, 62nd Leg., p. 3187, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.354. 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, not in conflict with

Section 74.352 of this code; 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 institution on the basis of

services rendered.

Acts 1971, 62nd Leg., p. 3187, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 74.355. GIFTS AND GRANTS. The board may accept and

administer, on terms and conditions satisfactory to it, grants

and 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 and money,

for the use and benefit of the school.

Acts 1971, 62nd Leg., p. 3187, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

SUBCHAPTER I. THE UNIVERSITY OF TEXAS NURSING SCHOOL

(SYSTEM-WIDE)

Sec. 74.401. COMPOSITION, OPERATION, MAINTENANCE. The board of

regents of The University of Texas System is authorized to

establish, maintain, and operate The University of Texas Nursing

School (System-wide) which is composed of the following branches:

The University of Texas (Undergraduate) Nursing School at Austin;

The University of Texas (Graduate) Nursing School at Austin; The

University of Texas (Undergraduate) Nursing School at El Paso;

The University of Texas (Clinical) Nursing School at Galveston;

The University of Texas (Clinical) Nursing School at San Antonio;

and The University of Texas (Undergraduate) Nursing School at

Tarrant County. The board is authorized to provide for the

education of nursing students at each nursing school; however,

all hospital facilities and services required for the operation

and maintenance of each nursing school shall be furnished and

provided at no cost and expense to the State of Texas except at

the Galveston Division of The University of Texas (Clinical)

Nursing School at Galveston.

Added by Acts 1971, 62nd Leg., p. 3346, ch. 1024, art. 2, Sec.

19, eff. Sept. 1, 1971.

Sec. 74.402. COURSES, DEGREES, ETC. The board is authorized to

prescribe courses leading to such customary degrees as are

offered in other leading American nursing schools, to award those

degrees, and to make rules and regulations for the operation,

control, and management of each nursing school, as may be

necessary for the conduct of professional schools of the first

class.

Added by Acts 1971, 62nd Leg., p. 3346, ch. 1024, art. 2, Sec.

19, eff. Sept. 1, 1971.

Sec. 74.403. AFFILIATION AGREEMENTS; JOINT APPOINTMENTS. The

board is authorized to 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 professional schools of the first class, not in conflict with

Section 74.401 of this code, and the board is specifically

authorized to make joint appointments in other institutions under

its governance, the salary of any such person who receives a

joint appointment to be apportioned to the appointing

institutions on the basis of services rendered.

Added by Acts 1971, 62nd Leg., p. 3346, ch. 1024, art. 2, Sec.

19, eff. Sept. 1, 1971.

Sec. 74.404. GIFTS AND GRANTS. The board may accept gifts and

grants from any source in aid of the conduct and operation of The

University of Texas Nursing School (System-wide) or the branch

nursing schools.

Added by Acts 1971, 62nd Leg., p. 3346, ch. 1024, art. 2, Sec.

19, eff. Sept. 1, 1971.

SUBCHAPTER J. PODIATRY SCHOOL TO BE ESTABLISHED AND LOCATED

Sec. 74.501. ESTABLISHMENT AND LOCATION; NAME; SCOPE. (a)

Subject to the approval of the Coordinating Board, Texas College

and University System, the board of regents of the University of

Texas System may establish and maintain a podiatry branch of its

system at any location in the state. The location of the podiatry

school must be determined by the board of regents to be in the

best interests of the people of the State of Texas and must be

approved by the Coordinating Board, Texas College and University

System. If possible, the podiatry school shall be located in or

affiliated with an existing or proposed academic health sciences

center which provides education and training of medical students,

dental students, or both, or shall be located in or affiliated

with a medical or dental unit, as such term is defined in

paragraph (5), Section 61.003, of this Code. If it is not

possible to so locate or affiliate the podiatry school, it may be

located in or affiliated with any other public senior college or

university within the system under the jurisdiction of the board

of regents. The school so established shall be known by a name

designated by the board of regents.

(b) The board of regents may provide for the teaching and

training of podiatry students, podiatry technicians, and other

technicians in the practice of podiatry.

Added by Acts 1973, 63rd Leg., p. 1681, ch. 608, Sec. 1, eff.

June 15, 1973.

Sec. 74.502. COURSES AND DEGREES; RULES AND REGULATIONS. The

board may prescribe courses leading to customary degrees offered

in other leading American podiatry 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 numbers of students that shall be admitted

to any degree-granting programs, that are necessary for the

conduct of a professional school of the first class.

Added by Acts 1973, 63rd Leg., p. 1681, ch. 608, Sec. 1, eff.

June 15, 1973.

Sec. 74.503. 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.

Added by Acts 1973, 63rd Leg., p. 1681, ch. 608, Sec. 1, eff.

June 15, 1973.

Sec. 74.504. 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 research and teaching at the school. The

board may accept from the federal government or any foundation,

trust fund, corporation, individual, or other legal entity,

donations, gifts, and grants, including real estate, buildings,

libraries, laboratories, apparatus, equipment, records, or money,

for the use and benefit of the school.

Added by Acts 1973, 63rd Leg., p. 1681, ch. 608, Sec. 1, eff.

June 15, 1973.

Sec. 74.505. TEACHING HOSPITAL. A teaching hospital shall be

furnished for or available for use by the school 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.

Added by Acts 1973, 63rd Leg., p. 1681, ch. 608, Sec. 1, eff.

June 15, 1973.

Sec. 74.506. FUNDING. No state funds shall be expended for

physical improvements for the purpose of this Act before fiscal

year 1977.

Added by Acts 1973, 63rd Leg., p. 1681, ch. 608, Sec. 1, eff.

June 15, 1973.

SUBCHAPTER K. THE UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT

TYLER

Sec. 74.601. USE AND CONTROL. (a) The Board of Regents of The

University of Texas System shall govern, operate, manage, and

control The University of Texas Health Science Center at Tyler

and the land, buildings, facilities, equipment, supplies,

improvements, and other property comprising the center in the

manner authorized by law for the governance, management, and

control of other component institutions of The University of

Texas System.

(b) The board of regents may use the center as a teaching

hospital.

Added by Acts 1989, 71st Leg., ch. 678, Sec. 2, eff. Sept. 1,

1989.

Sec. 74.602. PURPOSES OF HEALTH SCIENCE CENTER; DEGREE PROGRAMS.

(a) It is the policy of this state to provide a program of

treatment of the citizens of this state who are affected with

respiratory diseases. In pursuance of that policy, The

University of Texas Health Science Center at Tyler, among other

functions, shall serve as the primary facility in this state to:

(1) conduct research relating to respiratory diseases;

(2) develop diagnostic and treatment techniques and procedures

for respiratory diseases;

(3) provide training and teaching programs; and

(4) provide diagnosis and treatment of inpatients and

outpatients with respiratory diseases.

(b) The center may provide education and training in allied

health and related health science fields, and for that purpose

may prescribe courses and conduct professional or other degree

programs in those fields. The center may prescribe a course or

conduct a degree program under this subsection jointly or in

collaboration with any other appropriate educational entity or

institution.

(c) The degree programs to be offered under Subsection (b) are

subject to approval by the Texas Higher Education Coordinating

Board.

Added by Acts 1989, 71st Leg., ch. 678, Sec. 2, eff. Sept. 1,

1989.

Amended by:

Acts 2005, 79th Leg., Ch.

266, Sec. 1, eff. June 1, 2005.

Sec. 74.603. SERVICE AS STATE CHEST HOSPITAL. (a) The

University of Texas Health Science Center at Tyler serves as a

state chest hospital under Subchapter B, Chapter 13, Health and

Safety Code, among other functions, for tuberculosis patients

sent by the Texas Department of Health.

(b) Sections 13.034 and 13.044, Health and Safety Code, do not

apply to the center.

(c) It is the intent of the legislature that:

(1) The University of Texas System shall provide and pay for the

care and treatment of tuberculosis patients in The University of

Texas Health Science Center at Tyler from funds appropriated to

the center for that purpose;

(2) The University of Texas System shall honor and perform all

contracts in existence on September 1, 1977, entered into by,

for, or on behalf of the center, including contracts related to

the training and education of osteopathic resident physicians at

the center; and

(3) if additional contracts are required to provide for the care

and treatment of outpatients, The University of Texas System

shall, as appropriate:

(A) pay for the care and treatment from funds appropriated for

that purpose; or

(B) transfer to the Texas Department of Health, out of funds

appropriated to the center for that purpose, money to pay for the

care and treatment.

Added by Acts 1989, 71st Leg., ch. 678, Sec. 2, eff. Sept. 1,

1989.

Sec. 74.604. EAST TEXAS CENTER FOR RURAL GERIATRIC STUDIES. (a)

In this section:

(1) "Board" means the board of regents of The University of

Texas System.

(2) "Center" means the East Texas Center for Rural Geriatric

Studies.

(b) The board may establish the East Texas Center for Rural

Geriatric Studies at The University of Texas Health Science

Center at Tyler for purposes of:

(1) researching issues in geriatrics, gerontology, and long-term

care for the elderly, with an emphasis on the elderly living in

rural and nonmetropolitan areas; and

(2) providing related resources in East Texas and other rural

areas in this state for training and research for:

(A) professionals in medicine, including psychiatry, and in

nursing, pharmacy, and allied health fields who provide health

care to the elderly;

(B) caregivers and advocates for the elderly; and

(C) individuals employed by agencies that provide services to

the elderly.

(c) The organization, control, and oversight of the center are

vested in the board.

(d) If the board establishes the center, the board shall:

(1) provide for the employment of staff and an operating budget

for the center; and

(2) select a site for the center at The University of Texas

Health Science Center at Tyler.

(e) The center may solicit, accept, and administer gifts and

grants from any public or private source for the use and benefit

of the center.

(f) Establishment of the center is subject to the availability

of federal funding, gifts, grants, or other funding for that

purpose.

(g) An employee of the center is an employee of The University

of Texas System.

(h) The center may enter into an agreement with a public or

private entity to operate or participate in the operation of the

center.

Added by Acts 2003, 78th Leg., ch. 1243, Sec. 1, eff. June 20,

2003.

SUBCHAPTER L. LOWER RIO GRANDE VALLEY ACADEMIC HEALTH CENTER

Sec. 74.611. AUTHORITY TO ESTABLISH OR PARTICIPATE IN CENTER.

(a) The board of regents of The University of Texas System may

establish a regional academic health center serving Cameron,

Hidalgo, Starr, and Willacy counties, and may include any medical

institutions for participation in the program in the

aforementioned counties, if general revenue funds are

specifically appropriated by the legislature for that purpose.

The center may consist of facilities located throughout the

region. The board may execute and carry out affiliation or

coordination agreements with any other entity or institution in

the region to establish or to participate in the establishment or

operation of the center, which includes all traditional and all

other providers of health services to the counties listed in this

subsection.

(b) The board of regents may assign responsibility for the

management of the regional academic health center to any

component institution or institutions of The University of Texas

System. The operating costs of the regional academic health

center shall be paid from operating funds of the component

institution and from available funds of any other public or

private entity.

(c) The regional academic health center may be used to provide

undergraduate clinical education, graduate education, including

residency training programs, or other levels of medical education

work in the counties identified in Subsection (a) in connection

with any component institution or institutions of The University

of Texas System as the board of regents determines appropriate.

Added by Acts 1997, 75th Leg., ch. 672, Sec. 1, eff. Sept. 1,

1997.

Sec. 74.612. GIFTS AND GRANTS. The board of regents may accept

and administer gifts and grants from any public or private person

or entity for the use and benefit of the regional academic health

center.

Added by Acts 1997, 75th Leg., ch. 672, Sec. 1, eff. Sept. 1,

1997.

Sec. 74.613. FACILITIES. The physical facilities of the

regional academic health center used in its teaching and research

programs, including libraries, auditoriums, research facilities,

and medical education buildings, may be provided by a public or

private entity. A physical facility may be constructed,

maintained, or operated with state money appropriated for that

purpose.

Added by Acts 1997, 75th Leg., ch. 672, Sec. 1, eff. Sept. 1,

1997.

Sec. 74.614. TEACHING HOSPITAL. A teaching hospital considered

suitable by the board of regents may be provided by a public or

private entity. The hospital may not be constructed, maintained,

or operated with state funds.

Added by Acts 1997, 75th Leg., ch. 672, Sec. 1, eff. Sept. 1,

1997.

Sec. 74.615. COORDINATING BOARD SUPERVISION. The regional

academic health center is subject to the continuing supervision

of the Texas Higher Education Coordinating Board under Chapter 61

and to the rules of the coordinating board adopted under Chapter

61.

Added by Acts 1997, 75th Leg., ch. 672, Sec. 1, eff. Sept. 1,

1997.

SUBCHAPTER M. UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT SAN

ANTONIO CAMPUS EXTENSION

Sec. 74.701. AUTHORITY TO ESTABLISH CAMPUS EXTENSION. The board

of regents of The University of Texas System shall establish and

operate a campus extension of The University of Texas Health

Science Center at San Antonio in the city of Laredo if:

(1) a public or private entity offers the board of regents

sufficient land in that city to construct a campus extension; and

(2) public or private entities agree to provide funds necessary

to construct an administrative building for the campus extension.

Added by Acts 1999, 76th Leg., ch. 1270, Sec. 1, eff. Sept. 1,

1999.

Sec. 74.702. MANAGEMENT AND OPERATION OF CAMPUS EXTENSION. (a)

The board of regents may exercise any power granted to the board

under Subchapter D in establishing and operating the campus

extension.

(b) The board of regents shall assign responsibility for

management of the campus extension to The University of Texas

Health Science Center at San Antonio.

(c) The operating costs of the campus extension shall be paid

from the operating funds of The University of Texas Health

Science Center at San Antonio for that purpose and from available

funds from any public or private entity.

(d) The primary purpose of the campus extension is to support

educational activities. The campus extension may be used to

provide undergraduate and graduate medical and dental education,

including residency training programs, and other levels of health

education work in collaboration with Texas A&M International

University or any component institution of The Texas A&M

University System or The University of Texas System.

Added by Acts 1999, 76th Leg., ch. 1270, Sec. 1, eff. Sept. 1,

1999.

Sec. 74.703. GIFTS AND GRANTS. The board of regents may accept

and administer gifts and grants from any public or private person

or entity for the use and benefit of the campus extension,

including accepting and administering gifts and grants of land

and physical facilities.

Added by Acts 1999, 76th Leg., ch. 1270, Sec. 1, eff. Sept. 1,

1999.

Sec. 74.704. FACILITIES. (a) The physical facilities of the

campus extension used in teaching and research programs,

including libraries, auditoriums, research facilities, and health

education buildings, may be provided by a public or private

entity. The board of regents is authorized to lease the

facilities that are to be used as the physical facilities of the

campus extension.

(b) A teaching hospital considered suitable by the board of

regents may be provided by a public or private entity. The

hospital may not be constructed, maintained, or operated with

state funds.

Added by Acts 1999, 76th Leg., ch. 1270, Sec. 1, eff. Sept. 1,

1999.

Sec. 74.705. COORDINATING BOARD SUPERVISION. The campus

extension is subject to the continuing supervision of the Texas

Higher Education Coordinating Board under Chapter 61 and to the

rules of the coordinating board adopted under Chapter 61.

Added by Acts 1999, 76th Leg., ch. 1270, Sec. 1, eff. Sept. 1,

1999.

SUBCHAPTER N. THE UNIVERSITY OF TEXAS HEALTH

SCIENCE CENTER--SOUTH TEXAS

Sec. 74.751. HEALTH SCIENCE CENTER. (a) The board of regents

of The University of Texas System may operate The University of

Texas Health Science Center--South Texas as a component

institution of The University of Texas System with its main

campus and administrative offices in Cameron County. The health

science center may consist of a medical school, as provided by

Section 74.752, other health and health-related degree programs,

and related programs and facilities as the board considers

appropriate.

(b) The board of regents may include facilities located in Bee,

Brooks, Cameron, Hidalgo, Jim Hogg, Jim Wells, Kenedy, Kleberg,

Nueces, Starr, Willacy, and Zapata Counties in the health science

center and may operate programs and activities and provide

related services of the center in those counties.

Added by Acts 2009, 81st Leg., R.S., Ch.

1341, Sec. 1, eff. June 19, 2009.

Sec. 74.752. MEDICAL SCHOOL. If The University of Texas Health

Science Center--South Texas is established under Section 74.751,

The University of Texas Medical School--South Texas may be

established as a component of the health science center and as a

component institution of The University of Texas System under the

management and control of the board of regents of The University

of Texas System.

Added by Acts 2009, 81st Leg., R.S., Ch.

1341, Sec. 1, eff. June 19, 2009.

Sec. 74.753. PARTICIPATION IN AVAILABLE UNIVERSITY FUND. In

accordance with Section 18(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, and if

an institution is established under this subchapter, the

institution is entitled to participate in the funding provided by

Section 18, Article VII, Texas Constitution, for The University

of Texas System.

Added by Acts 2009, 81st Leg., R.S., Ch.

1341, Sec. 1, eff. June 19, 2009.

Sec. 74.754. 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 health

science center as may be necessary for the conduct of a medical

school and other health science center programs of the first

class.

Added by Acts 2009, 81st Leg., R.S., Ch.

1341, Sec. 1, eff. June 19, 2009.

Sec. 74.755. AFFILIATION AGREEMENTS; JOINT APPOINTMENTS. (a)

The board of regents may execute and carry out affiliation or

coordination agreements with any other entity or institution in

the region.

(b) The board of regents may make joint appointments in the

health science center, its component institutions, and other

institutions under the board's governance. The salary of a

person who receives a joint appointment shall be apportioned to

the appointing institutions on the basis of services rendered.

Added by Acts 2009, 81st Leg., R.S., Ch.

1341, Sec. 1, eff. June 19, 2009.

Sec. 74.756. GIFTS AND GRANTS; OTHER FUNDING. (a) The board of

regents may accept and administer gifts and grants from any

public or private person or entity for the use and benefit of the

health science center and its component institutions.

(b) Notwithstanding any other provision of this subchapter,

establishment of the health science center is subject to the

availability of funding, either through appropriation or from

another source.

Added by Acts 2009, 81st Leg., R.S., Ch.

1341, Sec. 1, eff. June 19, 2009.

Sec. 74.757. OTHER FACILITIES. In addition to the facilities of

the health science center and its component institutions, the

board of regents may enter into agreements under which additional

facilities used in the center's teaching and research programs,

including libraries, auditoriums, research facilities, and

medical education buildings, may be provided by a public or

private entity.

Added by Acts 2009, 81st Leg., R.S., Ch.

1341, Sec. 1, eff. June 19, 2009.

Sec. 74.758. TEACHING HOSPITAL. A teaching hospital considered

suitable by the board of regents for the health science center

may be provided by a public or private entity. The hospital may

not be constructed, maintained, or operated with state funds.

Added by Acts 2009, 81st Leg., R.S., Ch.

1341, Sec. 1, eff. June 19, 2009.

Sec. 74.759. COORDINATING BOARD SUPERVISION. The health science

center is subject to the continuing supervision of the Texas

Higher Education Coordinating Board under Chapter 61 and to the

rules of the coordinating board adopted under Chapter 61.

Added by Acts 2009, 81st Leg., R.S., Ch.

1341, Sec. 1, eff. June 19, 2009.

Sec. 74.760. EFFECT OF HEALTH SCIENCE CENTER ON LOWER RIO GRANDE

VALLEY ACADEMIC HEALTH CENTER. (a) The board of regents may

convert the regional academic health center established under

Subchapter L into The University of Texas Health Science

Center--South Texas and may establish The University of Texas

Medical School--South Texas at the health science center as soon

as the board considers appropriate considering available

resources and the best interests of The University of Texas

System and the people of this state and the South Texas region.

In establishing the health science center and medical school, the

board of regents shall ensure that the programs, students, and

faculty and staff of the regional academic health center are not

affected other than as the board considers necessary to implement

this subchapter.

(b) It is the intent of the legislature that The University of

Texas Health Science Center--South Texas and its component

institutions be established by conversion of the regional

academic health center established under Subchapter L and that

those entities be considered to be the same institution. A

reference in law to the regional academic health center applies

to The University of Texas Health Science Center--South Texas to

the extent it can be made applicable. All contracts and

agreements, including bonds and other financial obligations,

entered into by The University of Texas System or any of its

officers or employees relating to the regional academic health

center apply to The University of Texas Health Science

Center--South Texas when the health science center is

established.

(c) The permanent endowment fund established under Section

63.101 for the benefit of the regional academic health center

established under Subchapter L is transferred to the benefit of

The University of Texas Health Science Center--South Texas and

its component institutions when the health science center is

established. It is the intent of the legislature that the

transfer of the permanent endowment fund be made so as not to

interrupt the research or other programs supported by

distributions from the fund.

Added by Acts 2009, 81st Leg., R.S., Ch.

1341, Sec. 1, eff. June 19, 2009.