CHAPTER 73. THE UNIVERSITY OF TEXAS AT HOUSTON

EDUCATION CODE

TITLE 3. HIGHER EDUCATION

SUBTITLE C. THE UNIVERSITY OF TEXAS SYSTEM

CHAPTER 73. THE UNIVERSITY OF TEXAS AT HOUSTON

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 73.001. COMPOSITION. The University of Texas at Houston is

composed of the following component institutions under the

management and control of the board of regents of The University

of Texas System:

(1) The University of Texas Medical School at Houston;

(2) The University of Texas Dental Branch at Houston;

(3) The University of Texas M. D. Anderson Cancer Center;

(4) The University of Texas Graduate School of Biomedical

Sciences at Houston;

(5) The University of Texas School of Public Health at Houston;

(6) The University of Texas School of Nursing at Houston; and

(7) other institutions and activities assigned to it from time

to time.

Acts 1971, 62nd Leg., p. 3170, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1989, 71st Leg., ch. 644, Sec. 5,

eff. June 14, 1989.

SUBCHAPTER B. THE UNIVERSITY OF TEXAS MEDICAL SCHOOL AT HOUSTON

Sec. 73.051. SHORT TITLE. This subchapter may be cited as the

Brooks-Bass Medical Training Act of 1969.

Acts 1971, 62nd Leg., p. 3170, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.052. ESTABLISHMENT; SCOPE. The board of regents shall

establish and maintain The University of Texas Medical School at

Houston, a component institution of the university system located

in Harris County. The board may provide for the training and

teaching of medical students, medical technicians, and other

technicians in the practice of medicine.

Acts 1971, 62nd Leg., p. 3170, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.053. TRANSFER OF DIVISION OF CONTINUING EDUCATION. The

board may transfer the division of continuing education from The

University of Texas Graduate School of Biomedical Sciences at

Houston to The University of Texas Medical School at Houston.

After the transfer, all appropriations, assets, funds, property,

and equipment owned or held by the division of continuing

education shall be owned, held, and controlled by The University

of Texas Medical School at Houston.

Acts 1971, 62nd Leg., p. 3171, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.054. COURSES AND DEGREES; RULES AND REGULATIONS. The

board may prescribe courses leading to customary degrees offered

in other leading American medical schools, may award the degrees,

and may make other rules and regulations for the operation,

control, and management of the school, including the

determination of the number of students that shall be admitted to

any degree-granting program, that are necessary for the conduct

of a professional school of the first class.

Acts 1971, 62nd Leg., p. 3171, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.055. AFFILIATION AGREEMENTS; JOINT APPOINTMENTS. The

board may execute and carry out with any entity or institution

affiliation or coordinating agreements that are reasonably

necessary or desirable for the conduct and operation of a

professional school of the first class; and the board may make

joint appointments in other institutions under its governance.

The salary of any person who receives a joint appointment shall

be apportioned to the appointing institutions on the basis of

services rendered.

Acts 1971, 62nd Leg., p. 3171, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.056. GIFTS AND GRANTS. The board may accept and

administer, on terms and conditions satisfactory to it, grants or

gifts of property, including real estate and money, that may be

tendered to it in aid of the planning, establishment, conduct,

and operation of the school and in aid of research and teaching

at the school. The board may accept from the federal government

or any foundation, trust fund, corporation, or individual

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

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

for the use and benefit of the school.

Acts 1971, 62nd Leg., p. 3171, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.057. TEACHING HOSPITAL. A complete teaching hospital

for the school shall be furnished at no cost or expense to the

state, and the state shall never contribute any funds for the

construction, maintenance, or operation of a teaching hospital

for the school.

Acts 1971, 62nd Leg., p. 3171, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

SUBCHAPTER C. THE UNIVERSITY OF TEXAS M. D. ANDERSON CANCER

CENTER

Sec. 73.101. LOCATION. The University of Texas M. D. Anderson

Cancer Center is located in the Texas Medical Center in the city

of Houston.

Acts 1971, 62nd Leg., p. 3172, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1989, 71st Leg., ch. 644, Sec. 7,

eff. June 14, 1989.

Sec. 73.102. PURPOSE; DEGREE PROGRAMS. (a) The institution and

its substations shall be devoted to the diagnosis, teaching,

study, prevention, and treatment of neoplastic and allied

diseases.

(b) If the Texas Higher Education Coordinating Board determines

that the role and mission of the institution should be changed to

include degree-granting authority, the board of regents may:

(1) prescribe courses and conduct allied health professional

degree programs related to the purposes of the institution

described by Subsection (a); and

(2) jointly prescribe courses and jointly conduct graduate

programs at the master's and doctoral levels related to those

purposes with The University of Texas Health Science Center at

Houston Graduate School of Biomedical Sciences.

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

subject to approval by the coordinating board.

Acts 1971, 62nd Leg., p. 3172, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1999, 76th Leg., ch. 112, Sec. 1,

eff. May 17, 1999; Acts 2001, 77th Leg., ch. 86, Sec. 1, eff. May

11, 2001.

Sec. 73.103. PRESIDENT. (a) The board of regents shall appoint

a president of the institution.

(b) To be qualified for appointment as president, a person must

be a licensed physician possessing an M.D. degree with at least

five years of experience practicing medicine.

(c) The president has charge of the operation and conduct of the

institution and has any other powers and duties conferred on him

by the board.

Acts 1971, 62nd Leg., p. 3172, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.104. MEDICAL STAFF. The medical staff of the

institution shall be selected and employed by the board on the

recommendation of the president, and may be discharged in like

manner.

Acts 1971, 62nd Leg., p. 3172, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.105. DIAGNOSTIC AND TREATMENT SUBSTATIONS. The board

may establish and maintain diagnostic and treatment substations

as deemed expedient from time to time. The location, erection,

operation, and management of the substations are under the

control and direction of the board, subject to the other

provisions of this subchapter. The substations and the main

institution shall conform to the standards of the American

College of Surgeons and the American Medical Association.

Acts 1971, 62nd Leg., p. 3172, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.106. PATIENTS. This subchapter governs the admission of

patients to the institution and its substations, the support of

patients, and other matters relating to patients.

Acts 1971, 62nd Leg., p. 3172, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1995, 74th Leg., ch. 3, Sec. 1,

eff. Sept. 1, 1995.

Sec. 73.107. ADMISSION: RULES AND REGULATIONS; APPROVAL OF

PRESIDENT. (a) Admission to the institution and its substations

is subject to rules and regulations promulgated from time to time

by the president.

(b) No person shall be admitted until the president is satisfied

that all requirements of this subchapter and the rules and

regulations of the president have been met.

Acts 1971, 62nd Leg., p. 3172, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.108. APPLICATION. (a) Admission is subject to the

written application of the patient, the guardian of the patient,

or some friend or relative of the patient.

(b) The written application shall be on forms prescribed by the

president and shall include:

(1) the patient's name, age, sex, and national origin;

(2) the patient's residence address or addresses for at least

the two-year period preceding the date of the application;

(3) the patient's occupation, trade, profession, or employment;

(4) the names and addresses of the patient's parents, children,

brothers, sisters, and other responsible relatives, if any;

(5) the names, addresses, and ages of any relatives who are or

who may have been similarly afflicted;

(6) a complete statement of the location, description, and value

of any real or personal property owned, possessed, or held by the

patient or his guardian;

(7) the name of each person legally liable for the support of

the patient and a statement of the location, description, and

value of any real or personal property owned, possessed, or held

by that person; and

(8) any other information or statements that may be required by

the president.

(c) The application may be accompanied by a written request for

the patient's admission by his attending physician which

includes:

(1) a statement that he has adequately examined the patient and

that the patient has, or is suspected of having, a neoplasm or

allied disease;

(2) a statement indicating the duration of the disease, if

known, and indicating any accompanying bodily disorder or

disorders the patient may have at the time of the application;

and

(3) any other information that may be required by the president.

Acts 1971, 62nd Leg., p. 3173, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971. Amended by Acts 1995, 74th Leg., ch. 3, Sec. 2,

eff. March 20, 1995.

Sec. 73.109. FEE SCHEDULE. The president shall establish a

schedule of minimum fees and charges conforming to the fees and

charges customarily made for similar services in the community in

which the services are rendered.

Acts 1971, 62nd Leg., p. 3173, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.110. GIFTS AND GRANTS. The board may accept gifts and

grants of money from other than state sources for the benefit of

the institution and its substations.

Acts 1971, 62nd Leg., p. 3173, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.111. ACCEPTANCE OF LAND IN MEDICAL CENTER. The board

may accept for and in behalf of the State of Texas title by

proper conveyance or conveyances to any land located in the Texas

Medical Center for the operation and maintenance of the program

of the institution.

Acts 1971, 62nd Leg., p. 3173, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.112. TREATMENT OF INDIGENT PATIENTS. (a) The

institution may enter into a contract with a county, public

hospital, or hospital district to provide treatment to residents

of the county or service area who are eligible for health care

assistance under Chapter 61, Health and Safety Code (Indigent

Health Care and Treatment Act).

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

district to the institution for the treatment of residents of the

county or service area by the institution shall not exceed the

responsibility of a county as provided for in Chapter 61, Health

and Safety Code, unless agreed to by the county, public hospital,

or hospital district in a contract entered into pursuant to this

section.

(c) If a contract is entered into pursuant to this section, the

liability of a county, public hospital, or hospital district

under the contract shall take into consideration the actual costs

of the institution in providing health care services pursuant to

the contract, but in no event shall the liability exceed such

costs.

(d) If a contract is not entered into pursuant to this section,

the institution shall receive the approval of a county, public

hospital, or hospital district before providing nonemergency

health care services to an eligible resident of the county or

service area. If such approval is not received, the county,

public hospital, or hospital district is not liable to the

institution for any nonemergency care provided to such persons.

If such approval is received, the county, public hospital, or

hospital district is liable to the institution as provided in

Subsection (b) for the services provided by the institution to

such persons.

(e) As used in this section, "eligible resident," "hospital

district," "public hospital," and "service area" have the

meanings assigned by Chapter 61, Health and Safety Code.

Added by Acts 1995, 74th Leg., ch. 3, Sec. 3, eff. Sept. 1, 1995.

Sec. 73.113. SUFFICIENCY OF INSTITUTIONAL FUNDS, FEES, AND

PATIENT BASE. The institution shall ensure that institutional

funds and the institution's hospital and clinic fees and patient

base are sufficient to fund and achieve the mission and strategic

plan of the institution and protect the state's investment in the

development of the institution.

Added by Acts 1995, 74th Leg., ch. 3, Sec. 3, eff. March 20,

1995.

Sec. 73.114. INCENTIVE RETIREMENT PLANS. (a) The institution

may offer incentive retirement plans to employees of the

institution who elect to retire under other state law.

(b) An incentive offered to an employee by the institution must

be paid from institutional funds or hospital or clinic fees.

(c) An institutional plan providing for incentive retirement

plans must be filed with the Legislative Budget Board not later

than the 61st day before the date the plan is implemented.

(d) The institution may not rehire an employee receiving a

retirement incentive under this section without the specific

approval of the president.

Added by Acts 1995, 74th Leg., ch. 3, Sec. 3, eff. March 20,

1995.

Sec. 73.115. ACQUISITION OF GOODS AND SERVICES. (a) The

institution may acquire goods or services by the method that

provides the best value to the institution, including:

(1) competitive bidding;

(2) competitive sealed proposals;

(3) catalogue purchase;

(4) a group purchasing program; or

(5) an open market contract.

(b) In determining what is the best value to the institution,

the institution shall consider:

(1) the purchase price;

(2) the reputation of the vendor and of the vendor's goods or

services;

(3) the quality of the vendor's goods or services;

(4) the extent to which the goods or services meet the

institution's needs;

(5) the vendor's past relationship with the institution;

(6) the impact on the ability of the institution to comply with

laws and rules relating to historically underutilized businesses;

(7) the total long-term cost to the institution of acquiring the

vendor's goods or services; and

(8) any other relevant factor that a private business entity

would consider in selecting a vendor.

(c) The state auditor may audit purchases of goods or services

by the institution.

(d) The institution may adopt rules and procedures for the

acquisition of goods or services.

(e) To the extent of any conflict, this section prevails over

any other law relating to the purchasing of goods and services

except a law relating to contracting with historically

underutilized businesses.

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

Title 10, Government Code and Chapter 2254, Government Code, do

not apply to purchases of goods and services made under this

section.

Added by Acts 1995, 74th Leg., ch. 3, Sec. 3, eff. March 20,

1995. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 17.19(4),

eff. Sept. 1, 1997.

SUBCHAPTER D. THE UNIVERSITY OF TEXAS GRADUATE SCHOOL OF

BIOMEDICAL SCIENCES AT HOUSTON

Sec. 73.151. DEAN. (a) The University of Texas Graduate School

of Biomedical Sciences at Houston is under the direction of a

dean appointed by the board of regents.

(b) To be qualified for appointment as dean, a person must have

a doctor of medicine degree or a doctor of philosophy degree in

one of the biomedical sciences.

(c) The dean is responsible through the chancellor or other

executive officer of the system to the board.

Acts 1971, 62nd Leg., p. 3174, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.152. SCOPE; DEGREE PROGRAMS; RULES AND REGULATIONS. (a)

The board of regents may prescribe courses and conduct graduate

and postdoctoral programs at the master's and doctoral levels in

the sciences and other academic areas directly related to medical

education and research, but the board shall not operate this

institution as a general academic graduate school. The degree

programs to be offered by the graduate school are subject to

approval by the Coordinating Board, Texas College and University

System.

(b) The board of regents may make rules and regulations

necessary for the operation, control, and management of the

graduate school.

Acts 1971, 62nd Leg., p. 3174, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.153. GIFTS AND GRANTS. The board may accept and

administer grants and gifts from any source for the benefit of

the graduate school.

Acts 1971, 62nd Leg., p. 3174, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.154. RESEARCH AND GRADUATE INSTRUCTION; JOINT

APPOINTMENTS. (a) The board may expend funds appropriated by

the legislature to the graduate school and grant, gift, and

contract funds of the school in support of research and graduate

instruction, within approved areas and programs, to be carried

out either in its own facilities or in the facilities of other

component units of The University of Texas at Houston.

(b) The board may make joint appointments in the graduate school

and in one or more of the other component units of The University

of Texas System. The salary of a person who is receiving a joint

appointment shall be apportioned to the different units on the

basis of services rendered.

Acts 1971, 62nd Leg., p. 3174, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.155. AFFILIATION AND COOPERATION WITH OTHER UNITS. The

graduate school shall maintain the closest possible affiliation

with the science programs at The University of Texas at Austin

and with the other medical units of The University of Texas

System. It shall cooperate with other institutions, private and

public, in furtherance of research in the biomedical sciences and

related fields.

Acts 1971, 62nd Leg., p. 3174, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.156. DIVISION OF CONTINUING EDUCATION. The board may

establish as a part of the graduate school a separate division of

continuing education for physicians.

Acts 1971, 62nd Leg., p. 3175, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

SUBCHAPTER E. THE UNIVERSITY OF TEXAS SCHOOL OF PUBLIC HEALTH AT

HOUSTON

Sec. 73.201. LOCATION. The University of Texas School of Public

Health at Houston is located in the Texas Medical Center in the

city of Houston.

Acts 1971, 62nd Leg., p. 3175, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.202. GIFTS AND DONATIONS. The board of regents may

accept gifts and donations for the benefit of the school.

Acts 1971, 62nd Leg., p. 3175, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

SUBCHAPTER F. THE UNIVERSITY OF TEXAS DENTAL BRANCH AT HOUSTON

Sec. 73.301. COMPOSITION, LOCATION. The University of Texas

Dental Branch at Houston is composed of The University of Texas

Dental School at Houston, The University of Texas Dental Science

Institute at Houston, The University of Texas School of Dental

Hygiene at Houston, The University of Texas Postgraduate School

of Dentistry at Houston, and other institutions and activities

assigned to it from time to time. It is located in the Texas

Medical Center.

Acts 1971, 62nd Leg., p. 3175, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.302. PURPOSE. The principal purpose of the dental

school is to teach the subjects of dental education that will

give a thorough knowledge of dentistry and related subjects and

that meet the requirements of the Council on Dental Education,

the American Association of Dental Schools, and other educational

associations of similar standards concerned with dental

education.

Acts 1971, 62nd Leg., p. 3175, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.303. FACULTY. The board of regents shall appoint the

faculty of the dental school.

Acts 1971, 62nd Leg., p. 3175, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.304. COURSES AND DEGREES; RULES AND REGULATIONS. (a)

The board may confer degrees and issue diplomas, and may fix a

standard of grades for students.

(b) The dental school shall have regular courses leading to

degrees and special courses deemed necessary by the board.

(c) The board may make other rules and regulations it deems

necessary for the proper control and management of the dental

school.

Acts 1971, 62nd Leg., p. 3175, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

Sec. 73.305. GIFTS AND GRANTS. The board may accept gifts and

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

Acts 1971, 62nd Leg., p. 3176, ch. 1024, art. 1, Sec. 1, eff.

Sept. 1, 1971.

SUBCHAPTER G. HARRIS COUNTY PSYCHIATRIC CENTER

Sec. 73.401. ESTABLISHMENT. The Harris County Psychiatric

Center has been developed and built by Harris County, Texas, and

the Texas Department of Mental Health and Mental Retardation. The

facilities of the Harris County Psychiatric Center to be operated

by The University of Texas System shall be operated consistent

with the rules and regulations of the board of regents and with

the provisions of this subchapter.

Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,

1985.

Sec. 73.402. MISSION. The Harris County Psychiatric Center has

been established with the mission of caring for mentally ill

persons; other major parts of this mission include research into

the causes and cures of mental illness and the education of

professionals in the care of the mentally ill.

Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,

1985.

Sec. 73.403. OPERATION OF COMMITMENT CENTER. Harris County

and/or the Mental Health and Mental Retardation Authority (MHMRA)

of Harris County may operate on the premises of the Harris County

Psychiatric Center a commitment center, the functions of which

may include patient screening, intake, and admissions (both

voluntary and involuntary) to the Harris County Psychiatric

Center as may be provided for in a lease and/or sublease and

operating agreement as authorized under Section 73.405 of this

code. The functions of the Harris County Psychiatric Commitment

Center located on the premises of the Harris County Psychiatric

Center both in terms of operation and in terms of funding shall

not be the responsibility of the Texas Department of Mental

Health and Mental Retardation or The University of Texas System.

As may be provided for in a lease and/or sublease and operating

agreement, The University of Texas System may charge for any

support services provided by the Harris County Psychiatric Center

to the commitment center.

Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,

1985.

Sec. 73.404. FUNDING. (a) Funding for the state-supported

facilities and operations of the Harris County Psychiatric Center

shall be provided through legislative appropriations to the Texas

Department of Mental Health and Mental Retardation and to The

University of Texas System, and any appropriations to the

department for the Harris County Psychiatric Center shall be

transferred to The University of Texas System in accordance with

the General Appropriations Act and the lease and/or sublease and

operating agreement provided for in Section 73.405 of this code.

Legislative appropriations may be for any further construction at

the Harris County Psychiatric Center; for equipment, both fixed

and movable; for utilities, including data processing and

communications; for maintenance, repairs, renovations, and

additions; for any damage or destruction; and for operations of

the Harris County Psychiatric Center; provided, however, that as

to funding for Harris County Psychiatric Center operations,

legislative appropriations shall not exceed 85 percent of the

total operating costs of the entire Harris County Psychiatric

Center, exclusive of any costs of the commitment center.

(b) Any funding, under a lease and/or sublease and operating

agreement wherein The University of Texas System is the lessee,

for the county-supported and/or MHMRA-supported facilities and

operations of the Harris County Psychiatric Center, which may be

provided through county appropriations, including funds made

available by the Harris County Mental Health and Mental

Retardation Authority, or from gifts and grants, shall be

transferred in accordance with the lease and/or sublease and

operating agreement provided for in Section 73.405 of this code.

Such funds may be for any further construction at the Harris

County Psychiatric Center; for equipment, both fixed and movable;

for utilities, including data processing and communications; for

maintenance, repairs, renovations, and additions; for any damage

or destruction; and for Harris County Psychiatric Center

operations which latter funding may be proportional to the total

costs of The University of Texas System operating the entire

Harris County Psychiatric Center, exclusive of any additional

cost of Harris County and/or MHMRA operating the commitment

center, which costs shall remain the sole responsibility of

Harris County and/or MHMRA.

Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,

1985.

Sec. 73.405. OPERATIONS. (a) The state-supported facilities of

the Harris County Psychiatric Center shall be leased to and

operated and administered by The University of Texas System in

accordance with a lease and operating agreement. The

county-supported and/or MHMRA-supported facilities, exclusive of

the commitment center, may be leased and/or subleased by The

University of Texas System in the same lease and/or sublease and

operating agreement. Any lease and/or sublease and operating

agreement shall provide for a lease payment by The University of

Texas System of no more than $1 per year plus other good and

valuable consideration as provided for in Section 73.406 of this

code.

(b) In any lease and/or sublease and operating agreement, the

board of regents of The University of Texas System shall be the

governing board of the Harris County Psychiatric Center

facilities that are leased and/or subleased and operated by The

University of Texas System.

(c) Any lease and/or sublease and operating agreement may

provide all necessary or desirable terms for the operation of the

Harris County Psychiatric Center and may provide for duties and

powers with respect to medical and legal matters, Harris County

Psychiatric Center administration, staffing, patient services,

reports, annual operating budgets of the Harris County

Psychiatric Center, and transfers of appropriated funds as

provided for in Section 73.404 of this code.

(d) Any lease and/or sublease and operating agreement shall

provide that The University of Texas System shall cause the

Harris County Psychiatric Center to be operated in accordance

with the standards for accreditation of the Joint Commission on

Accreditation of Hospitals; that all financial transactions and

performance programs may be appropriately audited; that an

admission, discharge, and transfer coordination policy be

established; that appropriate patient data be made available to

the department, MHMRA, and the county, including but not limited

to diagnosis and lengths of stay; and that a priority of patient

treatment policy be established.

Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,

1985.

Sec. 73.406. REVENUES. That portion of any revenues related to

the provision of patient services through the operation of the

Harris County Psychiatric Center facilities that are leased

and/or subleased by and to The University of Texas System shall

be accounted for and expended in accordance with the rules,

regulations, and bylaws of The University of Texas System and in

such manner that such revenues will reduce appropriated and

funded requirements by both the state and county or MHMRA on a

prorated basis, all as may be provided for in a lease and/or

sublease and operating agreement.

Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,

1985.

SUBCHAPTER H. RESEARCH INSTITUTE

Sec. 73.501. TRANSFER AND LEASE OF FACILITIES. (a) The

governance, operation, management, and control of the Texas

Research Institute of Mental Sciences created by Chapter 427,

Acts of the 55th Legislature, Regular Session, 1957, as amended

(Article 3174b-4, Vernon's Texas Civil Statutes), and all land,

buildings, improvements thereon, and major fixed equipment

comprising said institute shall be leased from the Texas

Department of Mental Health and Mental Retardation and

transferred to the board of regents of The University of Texas

System for $1 a year and shall be subject to the provisions of

Subdivision (9) of Subsection (a) of Section 65.02 of the

Education Code.

(b) All land, buildings, and improvements thereon and major

fixed equipment comprising said institute leased by The

University of Texas System shall be utilized only for purposes of

patient care services, research, and education related to mental

health and mental retardation. The Texas Department of Mental

Health and Mental Retardation may sell or otherwise dispose of

the land, buildings, improvements thereon, or major fixed

equipment provided that the proceeds from the sale or other

disposition shall be used for the same purposes in Harris County;

and further provided, that the board of regents of The University

of Texas System, prior to such sale or other disposition, has

approved of such sale or disposition and the allocation of

proceeds.

Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,

1985.

Sec. 73.502. TRANSFER OF GIFTS, GRANTS, UNEXPENDED BALANCES,

CONTRACTS, AND OBLIGATIONS. Any gifts, grants, unexpended

balances of appropriated or unappropriated funds, and all movable

equipment held by the Texas Department of Mental Health and

Mental Retardation for, on behalf of, or for the use and benefit

of the Texas Research Institute of Mental Sciences are hereby

transferred to The University of Texas System; provided, however,

that all previously appropriated funds for statewide training of

department personnel and program evaluation by the institute

shall be retained by the department. All contracts and written

obligations of every kind and character entered into by the Texas

Department of Mental Health and Mental Retardation for and on

behalf of the Texas Research Institute of Mental Sciences are

ratified, confirmed, and validated, and in all such contracts and

written obligations, the board of regents of The University of

Texas System is substituted in lieu and shall stand and act in

place and stead of the Texas Department of Mental Health and

Mental Retardation; provided, however, that an advisory committee

shall be established with regard to research protocols and the

commissioner of the department shall be a member; provided

further, that The University of Texas System may contract with

the department for continued extramural and other laboratory

consultative services. The Texas Department of Mental Health and

Mental Retardation, Harris County, and the Mental Health and

Mental Retardation Authority of Harris County shall provide for

the continuity of inpatient and outpatient care of the patients

and programs operated at the Texas Research Institute of Mental

Sciences and may contract for the provision of such services in

accordance with the provisions of and appropriations provided in

the General Appropriations Act.

Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,

1985.

Sec. 73.503. EMPLOYEES. (a) Present institute personnel shall

be allowed to apply for employment with The University of Texas

System, Harris County, or the Mental Health and Mental

Retardation Authority of Harris County and be given priority

consideration for such employment.

(b) If employed by The University of Texas System, when the

Texas Research Institute of Mental Sciences is transferred to The

University of Texas System, employees of the institute who become

employees of The University of Texas System shall become members

of the Teacher Retirement System of Texas, if they are otherwise

eligible under the law and rules governing membership, and all

their service and salary credit shall be transferred from the

Employees Retirement System to the Teacher Retirement System,

subject to Subsections (c) and (d) of this section.

(c) Service of those employees that was covered by the Employees

Retirement System before the transfer shall thereafter be

regarded as service that was covered by the Teacher Retirement

System. The law and rules of the Teacher Retirement System

pertaining to membership, service and salary credit, member

contributions, and reinstatement of withdrawn accounts shall

apply to service occurring before the transfer, except that the

member contribution rate for such service shall be that in effect

for members of the Employees Retirement System. Member

contributions previously withdrawn from the Employees Retirement

System may be reinstated in the Teacher Retirement System only

subject to the laws and rules governing reinstatement of accounts

and credit in the Teacher Retirement System.

(d) Military service credit already established with the

Employees Retirement System will be credited by the Teacher

Retirement System only when the employee's service credit,

excluding military credit, in the Teacher Retirement System

consists of at least 10 years. Deposits for military credit

transferred under Subsection (e) of this section will be placed

in the member savings account of the employee and refunded if the

employee dies or retires on a disability benefit before obtaining

10 years of credit. An employee may obtain a total of no more

than five years of military service credit in the Teacher

Retirement System, including military credit transferred pursuant

to this section, and may not receive duplicate credit for the

same military duty.

(e) When credit is transferred pursuant to this section or as

soon thereafter as possible, the Employees Retirement System

shall transfer to the Teacher Retirement System the following:

(1) all amounts in the individual member accounts with the

Employees Retirement System of employees described in Subsection

(b) of this section and any member contributions subsequently

received for these employees for service before the date of

transfer; and

(2) an amount from the state accumulation fund determined by the

actuary of the Employees Retirement System to be such that the

transfer of funds and service credit under this section will

neither increase nor diminish the period required to amortize the

unfunded liability of that system.

(f) An employee described in Subsection (b) of this section

shall not be entitled to a refund of contributions or retirement

from the Employees Retirement System in lieu of the transfer of

credit provided by this Act. After the transfer of the institute

to The University of Texas System, the employee shall not be

entitled to credit in the Employees Retirement System for service

subject to transfer to the Teacher Retirement System under this

section.

(g) The legislature may appropriate to the Teacher Retirement

System an amount determined necessary to finance the additional

actuarial liabilities created by this section and not financed by

the transfer of funds provided by Subsection (e) of this section.

(h) The Employees Retirement System, the Texas Department of

Mental Health and Mental Retardation, and The University of Texas

System shall provide the Teacher Retirement System with

information necessary to establish employees' rights to credit

under this section. The Employees Retirement System and the

Teacher Retirement System shall establish procedures to prevent

duplication of retirement credit for the same service.

(i) If employed by The University of Texas System, such

employees shall be subject to the personnel policies, rules, and

regulations of the board of regents of The University of Texas

System, after the transfer provided for in this section.

Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,

1985.

Sec. 73.504. NAME OF INSTITUTE. Hereafter, the name of the

institute shall be The University of Texas Mental Sciences

Institute.

Added by Acts 1985, 69th Leg., ch. 848, Sec. 1, eff. Sept. 1,

1985.