HBA-MPM H.B. 2025 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2025 By: Pickett Higher Education 7/19/1999 Enrolled BACKGROUND AND PURPOSE H.B. 2025 establishes the Border Health Institute (institute) in El Paso, Texas, and sets forth the participating institutions and entities that will have representation on the institute's governing board. Additionally, this bill describes the administrative duties of the institute, its funding sources, and the protocol regarding annual reporting. The purpose of the institute is to deliver health care or provide health education to persons living in the border region and conduct research in fields of study affecting public health in the border region, including research related to infectious diseases, diabetes, environmental health issues, and children's health issues. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the governing board of the Border Health Institute in SECTION 1 (Section 151.004, Education Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle H, Title 3, Education Code, by adding Chapter 151, as follows: CHAPTER 151. BORDER HEALTH INSTITUTE Sec. 151.001. DEFINITION. Defines "institute" as the Border Health Institute, a collaboration or consortium of independent public and private entitites. Sec. 151.002. ESTABLISHMENT; PURPOSE. Establishes the institute in the city of El Paso. Sets forth the purpose of the institute. Sec. 151.003. INSTITUTE MEMBERSHIP. Sets forth the institutions of higher education and other entities which initially compose the institute. Authorizes the governing board of the institute to adopt procedures for changing, adding, or removing entities as members of the institute, and creating developmental or advisory boards for the institute. Sec. 151.004. ADMINISTRATION. Provides that the governing board (board) of the institute is composed of the chief executive officer or president of each entity that is an institute member or that officer's or president's designee. Provides that the board is responsible for the operation of the institute. Requires the board to adopt rules relating to its operation and deliberations and the operation of the institute. Authorizes the board to employ an executive director of the institute and any other officer or employee necessary for the operation of the institute. Requires the board to meet, at least once yearly, to review the institute's progress and to determine the institute's future actions and operational plans. Sec. 151.005. FUNDING. Authorizes the institute to apply for and accept funds from the federal government or any other public or private entity in addition to any amount appropriated by the legislature. Authorizes the institute or any of its members to solicit and accept from private sources pledges, gifts, and endowments consistent with the purposes of the institute. Requires the institute's board to manage and approve all disbursements of appropriations, funds, pledges, gifts, and endowments and to manage any capital improvements constructed, owned, or leased by the institute and any real property it acquires. Sec. 151.006. FACILITIES. Authorizes the physical facilities of the institute that are used in its research undertaking and in the provision of health care and education programs to be provided by a public or private entity or by a cooperative, consortium, or joint venture consisting of public or private entities. Authorizes a physical facility to be constructed, maintained, or operated with funds the institute receives under Section 151.005 and any funds appropriates for that purpose. Authorizes money to be appropriated for construction of a facility in phases so that design, engineering, and site work may be appropriated separately from physical construction costs. Sec. 151.007. RESOURCES. Specifies that the resources, capital, and real estate of the institute are separate from those of the institute members. Requires an institute member to retain any assets or funds received by the member from the federal government or any other public or private entity. Sec. 151.008. ANNUAL REPORTING. Requires the institute to provide an annual audited financial statement and a status report of each project it undertakes to each member of the governing board of the institute and each member of the legislature whose district includes any portion of a county where the institute is established or operating. Sec. 151.009. COORDINATING BOARD OVERSIGHT. Provides that institutions subject to the oversight of the Texas Higher Education Coordinating Board under Chapter 61, Education Code, and the rules of the coordinating board adopted under that chapter, remain subject to that supervision and those rules as those institutions participate in the institute. SECTION 2. Requires the Texas Higher Education Coordinating Board to prepare an impact statement examining the initial implementation of this Act and to deliver a copy to the chair of each legislative committee with primary jurisdiction over higher education or border health issues no later than January 1, 2001. SECTION 3.Emergency clause. Effective date: upon passage.