EDUCATION CODE
CHAPTER 73. THE UNIVERSITY OF TEXAS AT HOUSTON
SUBCHAPTER A. GENERAL PROVISIONS
§ 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, § 1, eff. Sept.
1, 1971. Amended by Acts 1989, 71st Leg., ch. 644, § 5, eff. June
14, 1989.
SUBCHAPTER B. THE UNIVERSITY OF TEXAS MEDICAL SCHOOL AT HOUSTON
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
SUBCHAPTER C. THE UNIVERSITY OF TEXAS M. D. ANDERSON CANCER CENTER
§ 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, § 1, eff. Sept.
1, 1971. Amended by Acts 1989, 71st Leg., ch. 644, § 7, eff. June
14, 1989.
§ 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, § 1, eff. Sept.
1, 1971. Amended by Acts 1999, 76th Leg., ch. 112, § 1, eff. May
17, 1999; Acts 2001, 77th Leg., ch. 86, § 1, eff. May 11, 2001.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971. Amended by Acts 1995, 74th Leg., ch. 3, § 1, eff. Sept.
1, 1995.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971. Amended by Acts 1995, 74th Leg., ch. 3, § 2, eff. March
20, 1995.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 3, eff. Sept. 1, 1995.
§ 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, § 3, eff. March 20, 1995.
§ 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, § 3, eff. March 20, 1995.
§ 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, § 3, eff. March 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 165, § 17.19(4), eff. Sept.
1, 1997.
SUBCHAPTER D. THE UNIVERSITY OF TEXAS GRADUATE SCHOOL OF BIOMEDICAL
SCIENCES AT HOUSTON
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
SUBCHAPTER E. THE UNIVERSITY OF TEXAS SCHOOL OF PUBLIC HEALTH AT
HOUSTON
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
SUBCHAPTER F. THE UNIVERSITY OF TEXAS DENTAL BRANCH AT HOUSTON
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
§ 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, § 1, eff. Sept.
1, 1971.
SUBCHAPTER G. HARRIS COUNTY PSYCHIATRIC CENTER
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1 1985.
SUBCHAPTER H. RESEARCH INSTITUTE
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
§ 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, § 1, eff. Sept. 1, 1985.
