Office of House Bill AnalysisH.B. 2025
By: Pickett
Higher Education


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. 


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


SECTION 1.  Amends Subtitle H, Title 3, Education Code, by adding Chapter
151, as follows: 


Sec. 151.001.  DEFINITION.  Defines "institute" as the Border Health
Institute, a collaboration or consortium of independent public and private

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.