reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter A. General Provisions › Section 58A.001. Definitions

Sec. 58A.001.  DEFINITIONS.  In this chapter:
(1)  "Board" means the Texas Higher Education Coordinating Board.
(2)  "Center" means the comprehensive health professions resource center established under Chapter 105, Health and Safety Code.
(3)  "Community-based, ambulatory patient care center" includes:
(A)  a federally qualified health center, as defined by Section 1905(l)(2)(B), Social Security Act (42 U.S.C. Section 1396d(l)(2)(B));
(B)  a community mental health center, as defined by Section 1861(ff)(3)(B), Social Security Act (42 U.S.C. Section 1395x(ff)(3)(B));
(C)  a rural health clinic, as defined by Section 1861(aa)(2), Social Security Act (42 U.S.C. Section 1395x(aa)(2)); and
(D)  a teaching health center, as defined by 42 U.S.C. Section 293l-1(f)(3)(A).
(4)  "First-year residency position" means a residency position offering first year training in a graduate medical education program.
(5)  "Graduate medical education program" means:
(A)  a nationally accredited post-doctor of medicine (M.D.) or post-doctor of osteopathic medicine (D.O.) program that prepares physicians for the independent practice of medicine in a specific specialty area; and
(B)  a nationally accredited post-doctor of podiatric medicine (D.P.M.) program that prepares podiatrists for independent practice in the specialty area of podiatry.
(6)  "Hospital" means:
(A)  a facility licensed as a hospital under Chapter 241, Health and Safety Code, or as a mental hospital under Chapter 577, Health and Safety Code; or
(B)  a similar facility owned or operated by this state or an agency of this state.
(7)  "Medical school" means a public or independent educational institution that awards a doctor of medicine (M.D.) or doctor of osteopathic medicine (D.O.) degree.
(8)  "Sponsoring institution" means the entity that assumes the ultimate financial or academic responsibility for a graduate medical education program.
(9)  "Teaching hospital" means a hospital that:
(A)  is formally affiliated with a medical school for purposes of providing a graduate medical education program; or
(B)  serves as the sponsoring institution for a graduate medical education program.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1015 (H.B. 2550), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 321 (S.B. 18), Sec. 1, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 482 (H.B. 2509), Sec. 1, eff. June 14, 2021.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter A. General Provisions › Section 58A.002. Permanent Fund Supporting Graduate Medical Education

Sec. 58A.002.  PERMANENT FUND SUPPORTING GRADUATE MEDICAL EDUCATION.  (a)  In this section, "trust company" means the Texas Treasury Safekeeping Trust Company.
(b)  The permanent fund supporting graduate medical education is a special fund in the treasury outside the general revenue fund.  The fund is composed of:
(1)  money transferred or appropriated to the fund by the legislature;
(2)  gifts and grants contributed to the fund; and
(3)  the returns received from investment of money in the fund.
(c)  The trust company shall administer the fund.  The trust company shall determine the amount available for distribution from the fund, determined in accordance with a distribution policy that is adopted by the comptroller and designed to preserve the purchasing power of the fund's assets and to provide a stable and predictable stream of annual distributions.  Expenses of managing the fund's assets shall be paid from the fund.  Except as provided by this section, money in the fund may not be used for any purpose.  Sections 403.095 and 404.071, Government Code, do not apply to the fund.
(d)  In managing the assets of the fund, through procedures and subject to restrictions the trust company considers appropriate, the trust company may acquire, exchange, sell, supervise, manage, or retain any kind of investment that a prudent investor, exercising reasonable care, skill, and caution, would acquire or retain in light of the purposes, terms, distribution requirements, and other circumstances of the fund then prevailing, taking into consideration the investment of all the assets of the fund rather than a single investment.
(e)  The amount available for distribution from the fund may be appropriated only:
(1)  to the board to fund the programs created under this chapter; or
(2)  as otherwise directed by the legislature.
(f)  A public or private institution of higher education or other entity that may receive money under a program described by Subsection (e) may solicit and accept gifts and grants to be deposited to the credit of the fund.  A gift or grant to the fund must be distributed and appropriated for the purposes of the fund, subject to any limitation or requirement placed on the gift or grant by the donor or granting entity.
Added by Acts 2015, 84th Leg., R.S., Ch. 321 (S.B. 18), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter A. General Provisions › Section 58A.003. Reduction in Funding

Sec. 58A.003.  REDUCTION IN FUNDING.  (a)  The board shall limit or withhold funding from any grant recipient under this chapter that does not comply with reporting requirements or that uses grant funds for a purpose not authorized by this chapter for the grant awarded.
(b)  The board shall seek reimbursement with respect to any grant funds that are not used for purposes authorized by this chapter for the grant awarded.
Added by Acts 2015, 84th Leg., R.S., Ch. 321 (S.B. 18), Sec. 2, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter B. Graduate Medical Education › Section 58A.021. Administration

Sec. 58A.021.  ADMINISTRATION.  The board shall allocate funds appropriated for purposes of this subchapter and may adopt necessary rules regarding the allocation of those funds.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1015 (H.B. 2550), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter B. Graduate Medical Education › Section 58A.022. Graduate Medical Education Planning and Partnership Grants

Sec. 58A.022.  GRADUATE MEDICAL EDUCATION PLANNING AND PARTNERSHIP GRANTS.  (a)  The board shall award one-time graduate medical education planning and partnership grants to hospitals, medical schools, and community-based, ambulatory patient care centers located in this state that seek to develop new graduate medical education programs with first-year residency positions, regardless of whether the grant recipient currently offers or has previously offered a graduate medical education program with first-year residency positions.
(b)  The board shall award graduate medical education planning and partnership grants on a competitive basis according to criteria adopted by the board.  The board shall determine the number of grants awarded and the amount of each grant consistent with any conditions provided by legislative appropriation.  A grant received under this section must be used for the purpose of planning a new graduate medical education program with first-year residency positions.
(c)  A hospital, medical school, or community-based, ambulatory patient care center that is awarded a graduate medical education planning and partnership grant and that establishes new first-year residency positions after receipt of the grant is eligible to apply for additional funds under Section 58A.024 for each such position established, as provided by appropriation.
(d)  A hospital, medical school, or community-based, ambulatory patient care center may partner with an existing graduate medical education program or sponsoring institution for purposes of planning a new graduate medical education program using grant funds awarded under this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1015 (H.B. 2550), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 321 (S.B. 18), Sec. 3, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter B. Graduate Medical Education › Section 58A.023. Grants for Unfilled Residency Positions

Sec. 58A.023.  GRANTS FOR UNFILLED RESIDENCY POSITIONS.  (a)  The board shall award grants to graduate medical education programs to enable those programs to fill first-year residency positions that are accredited but unfilled as of July 1, 2013.  The board shall determine the number of grants awarded and the amount of each grant consistent with any conditions provided by legislative appropriation.
(b)  A grant received under this section must be expended to support:
(1)  resident stipends and benefits; and
(2)  other direct resident costs to the program.
(c)  A grant application must include proof of the accredited but unfilled positions to which the application applies.
(d)  The board may distribute a grant amount for a residency position only on receiving verification that the applicable residency position has been filled.
(e)  Grant amounts are awarded under this section for the duration of the period in which the resident who initially fills the residency position continues to hold that position.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1015 (H.B. 2550), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 321 (S.B. 18), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter B. Graduate Medical Education › Section 58A.024. Grants for Program Expansion or New Program

Sec. 58A.024.  GRANTS FOR PROGRAM EXPANSION OR NEW PROGRAM.  (a)  The board shall award grants to enable new or existing graduate medical education programs to increase the number of first-year residency positions.  The board shall determine the number of grants awarded and the amount of each grant consistent with any conditions provided by legislative appropriation.
(b)   A grant application must include a plan for receiving accreditation for the increased number of positions or for the new program, as applicable.
(c)  The board may distribute a grant amount for a residency position only on receiving verification that the applicable residency position has been filled.
(d)  Grant amounts are awarded under this section for the duration of the period in which the resident who initially fills the residency position continues to hold that position.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1015 (H.B. 2550), Sec. 2, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 321 (S.B. 18), Sec. 5, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter B. Graduate Medical Education › Section 58A.0245. Critical Shortage Levels

Sec. 58A.0245.  CRITICAL SHORTAGE LEVELS.  (a)  If the board determines that the number of first-year residency positions proposed by eligible applicants under Sections 58A.023 and 58A.024 exceeds the number of first-year residency positions for which grant funding under those sections is appropriated, in awarding grants under those sections the board shall prioritize the awarding of new grants to medical specialties determined by the board to be at critical shortage levels.
(b)  In determining critical shortage levels under this section, the board shall consider:
(1)  the available results of research conducted by the center under Section 105.009, Health and Safety Code;
(2)  other relevant research and criteria, including research and criteria related to the designation of health professional shortage areas; and
(3)  research performed by other appropriate entities.
Added by Acts 2015, 84th Leg., R.S., Ch. 321 (S.B. 18), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter B. Graduate Medical Education › Section 58A.0246. Continuation of Grants Awarded for 2015 State Fiscal Year

Sec. 58A.0246.  CONTINUATION OF GRANTS AWARDED FOR 2015 STATE FISCAL YEAR.  The board shall award additional grants to fund eligible graduate medical education programs that, for the state fiscal year ending on August 31, 2015, received a grant awarded under Section 58A.023 or 58A.024 or under Section 61.511, as that section existed immediately before September 1, 2015, if those programs continue to meet the applicable grant requirements that existed at the time of the initial award.
Added by Acts 2015, 84th Leg., R.S., Ch. 321 (S.B. 18), Sec. 6, eff. September 1, 2015.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter B. Graduate Medical Education › Section 58A.026. Grants for Additional Years of Residency

Sec. 58A.026.  GRANTS FOR ADDITIONAL YEARS OF RESIDENCY.  (a)  If the board determines that funds appropriated for purposes of this subchapter are available after all eligible grant applications under Sections 58A.022, 58A.023, and 58A.024 have been funded, the board shall award grants from excess funds to support residents:
(1)  who have completed at least three years of residency; and
(2)  whose residency program is in a field in which this state has less than 80 percent of the national average of physicians per 100,000 population, as determined by the board.
(b)  Grants shall be awarded under this section in amounts, in the number, and in the residency fields determined by the board, subject to any conditions provided by legislative appropriation.  A grant received under this section must be expended to support the direct resident costs to the program, including the resident stipend and benefits.
(c)  The board may distribute grant amounts only on receiving verification that the applicable residency position has been filled.
(d)  The board may award grants under this section only from funds appropriated for the state fiscal year beginning September 1, 2016, or for a subsequent state fiscal year.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1015 (H.B. 2550), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter C. Primary Care Innovation Program › Section 58A.051. Primary Care Innovation Program

Sec. 58A.051.  PRIMARY CARE INNOVATION PROGRAM.  Subject to available funds, the board shall establish a grant program under which the board awards incentive payments to medical schools that administer innovative programs designed to increase the number of primary care physicians in this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1015 (H.B. 2550), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter C. Primary Care Innovation Program › Section 58A.052. Gifts, Grants, and Donations

Sec. 58A.052.  GIFTS, GRANTS, AND DONATIONS.  In addition to other money appropriated by the legislature, the board may solicit, accept, and spend gifts, grants, and donations from any public or private source for the purposes of the program established under this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1015 (H.B. 2550), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter C. Primary Care Innovation Program › Section 58A.053. Rules

Sec. 58A.053.  RULES.  In consultation with each medical school in this state, the board shall adopt rules for the administration of the program established under this subchapter.  The rules must include:
(1)  administrative provisions relating to the awarding of grants under this subchapter, such as:
(A)  eligibility criteria for medical schools;
(B)  grant application procedures;
(C)  guidelines relating to grant amounts;
(D)  procedures for evaluating grant applications; and
(E)  procedures for monitoring the use of grants; and
(2)  methods for tracking the effectiveness of grants that:
(A)  using data reasonably available to the board, consider relevant information regarding the career paths of medical school graduates during the four-year period following their graduation; and
(B)  evaluate whether and for how long those graduates work in primary care in this state.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1015 (H.B. 2550), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter C. Primary Care Innovation Program › Section 58A.054. Administrative Costs

Sec. 58A.054.  ADMINISTRATIVE COSTS.  A reasonable amount, not to exceed three percent, of any money appropriated for purposes of this subchapter may be used by the board to pay the costs of administering this subchapter.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1015 (H.B. 2550), Sec. 2, eff. September 1, 2013.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter D. Psychiatric Specialty Innovation Grant Program › Section 58A.071. Psychiatric Specialty Innovation Grant Program

Sec. 58A.071.  PSYCHIATRIC SPECIALTY INNOVATION GRANT PROGRAM.  Subject to available funds, the board shall establish an innovation grant program under which the board awards incentive payments to medical schools that administer innovative residency training programs designed to increase the number of physicians in this state who specialize in pediatric or adult psychiatric care.
Added by Acts 2023, 88th Leg., R.S., Ch. 662 (H.B. 400), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter D. Psychiatric Specialty Innovation Grant Program › Section 58A.072. Federal Funds and Gifts, Grants, and Donations

Sec. 58A.072.  FEDERAL FUNDS AND GIFTS, GRANTS, AND DONATIONS.  In addition to other money appropriated by the legislature, for the purpose of promoting pediatric or adult psychiatric care under the program established under this subchapter the board may:
(1)  seek and apply for any available federal funds; and
(2)  solicit and accept gifts, grants, and donations from any other source, public or private, as necessary to ensure effective implementation of the program.
Added by Acts 2023, 88th Leg., R.S., Ch. 662 (H.B. 400), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter D. Psychiatric Specialty Innovation Grant Program › Section 58A.073. Rules

Sec. 58A.073.  RULES.  In consultation with each medical school in this state, the board shall adopt rules for the administration of the program established under this subchapter.  The rules must include:
(1)  administrative provisions relating to the awarding of grants under this subchapter, such as:
(A)  eligibility criteria for medical schools, including a requirement that the medical school demonstrate regional and state workforce need;
(B)  grant application procedures;
(C)  guidelines relating to grant amounts;
(D)  procedures for evaluating grant applications; and
(E)  procedures for monitoring the use of grants; and
(2)  methods for tracking the effectiveness of grants that:
(A)  using data reasonably available to the board, consider relevant information regarding the career paths of medical school graduates during the four-year period following their graduation; and
(B)  evaluate whether and for how long those graduates practice in a psychiatric specialty field in this state.
Added by Acts 2023, 88th Leg., R.S., Ch. 662 (H.B. 400), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter D. Psychiatric Specialty Innovation Grant Program › Section 58A.074. Award of Grants

Sec. 58A.074.  AWARD OF GRANTS.  (a)  In awarding grants under the program, the board shall award:
(1)  60 percent of the amount available in each program year to medical schools with innovative residency programs that train physicians to specialize in pediatric psychiatric care; and
(2)  40 percent of the amount available in each program year to medical schools with innovative residency programs that train physicians to specialize in adult psychiatric care.
(b)  Within each category of grants prescribed by Subsection (a), the board shall give priority to grants to medical schools with innovative residency programs based in rural or underserved areas.
Added by Acts 2023, 88th Leg., R.S., Ch. 662 (H.B. 400), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter D. Psychiatric Specialty Innovation Grant Program › Section 58A.075. Grant Amount

Sec. 58A.075.  GRANT AMOUNT.  The amount of a grant awarded under this subchapter may not exceed $1 million.
Added by Acts 2023, 88th Leg., R.S., Ch. 662 (H.B. 400), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter D. Psychiatric Specialty Innovation Grant Program › Section 58A.076. Reporting Requirements

Sec. 58A.076.  REPORTING REQUIREMENTS.  A medical school that receives a grant awarded under this subchapter shall submit to the board an annual report on the amounts and purposes for which grant funds were spent during the year covered by the report.
Added by Acts 2023, 88th Leg., R.S., Ch. 662 (H.B. 400), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 58A - Programs Supporting Graduate Medical Education › Subchapter D. Psychiatric Specialty Innovation Grant Program › Section 58A.077. Administrative Costs

Sec. 58A.077.  ADMINISTRATIVE COSTS.  A reasonable amount, not to exceed five percent, of any general revenue appropriated for purposes of this subchapter may be used by the board to pay the costs of administering this subchapter.
Added by Acts 2023, 88th Leg., R.S., Ch. 662 (H.B. 400), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 59 - Health Care Professional Malpractice Coverage for Certain Institutions › Subchapter A. Health Care Professional Liability › Section 59.02. Health Care Professional Liability Fund

Sec. 59.02.  HEALTH CARE PROFESSIONAL LIABILITY FUND.  (a)  Each board may establish a separate self-insurance fund to pay any damages adjudged in a court of competent jurisdiction or a settlement of any health care liability claim against a health care professional staff member or student arising from the exercise of the member's or student's appointment, duties, or training with The University of Texas System, The Texas A&M University System, the Texas Tech University System, the Texas State University System, the University of Houston System, Stephen F. Austin State University, or the University of North Texas System.
(b)  The boards may pay from the funds all expenses incurred in the investigation, settlement, defense, or payment of claims described above on behalf of the health care professional staff members or students.
(c)  On the establishment of each fund, transfers to the fund shall be made in an amount and at such intervals as determined by the board. Each board may receive and accept any gifts or donations specified for the purposes of this subchapter and deposit those gifts or donations into the fund. Each board may invest money deposited in the fund, and any income received shall be retained in the fund. The money shall be deposited in any of the approved depository banks of The University of Texas System, The Texas A&M University System, the Texas Tech University System, the Texas State University System, the University of Houston System, Stephen F. Austin State University, or the University of North Texas System. All expenditures from the funds shall be paid pursuant to approval by the boards.
Added by Acts 1983, 68th Leg., p. 996, ch. 235, art. 2, Sec. 1(a), eff. Sept. 1, 1983.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 6.02(a), eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 408, Sec. 8, eff. Aug. 30, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 9, eff. May 18, 2013.
Acts 2019, 86th Leg., R.S., Ch. 8 (H.B. 826), Sec. 3, eff. May 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 225 (H.B. 1592), Sec. 4, eff. September 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 294 (H.B. 2867), Sec. 4, eff. May 29, 2019.
Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.023, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 59 - Health Care Professional Malpractice Coverage for Certain Institutions › Subchapter A. Health Care Professional Liability › Section 59.03. Rules

Sec. 59.03.  RULES.  Each board may adopt rules for the establishment and administration of the fund and the negotiation, settlement, and payment of claims as necessary to carry out the purpose of this subchapter.  Each board may establish by rule reasonable limits on the amount of claims to be paid from the fund or to be provided in purchased insurance.
Added by Acts 1983, 68th Leg., p. 996, ch. 235, art. 2, Sec. 1(a), eff. Sept. 1, 1983.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 6.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 59 - Health Care Professional Malpractice Coverage for Certain Institutions › Subchapter A. Health Care Professional Liability › Section 59.04. Purchase of Insurance

Sec. 59.04.  PURCHASE OF INSURANCE.  Each board may purchase health care liability insurance from an insurance company authorized to engage in the business of insurance in this state as it considers necessary to carry out the purpose of this subchapter.
Added by Acts 1983, 68th Leg., p. 996, ch. 235, art. 2, Sec. 1(a), eff. Sept. 1, 1983.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 6.02(a), eff. Aug. 28, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 225 (H.B. 1592), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 59 - Health Care Professional Malpractice Coverage for Certain Institutions › Subchapter A. Health Care Professional Liability › Section 59.05. Legal Counsel

Sec. 59.05.  LEGAL COUNSEL.  Each board may employ private legal counsel to represent the health care professional staff members or students covered by this subchapter under the rules of the board.
Added by Acts 1983, 68th Leg., p. 996, ch. 235, art. 2, Sec. 1(a), eff. Sept. 1, 1983.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 6.02(a), eff. Aug. 28, 1989.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 225 (H.B. 1592), Sec. 4, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 59 - Health Care Professional Malpractice Coverage for Certain Institutions › Subchapter A. Health Care Professional Liability › Section 59.06. Limitation on Appropriated Funds

Sec. 59.06.  LIMITATION ON APPROPRIATED FUNDS.  Funds appropriated by the legislature to The University of Texas System, The Texas A&M University System, the Texas Tech University System, the Texas State University System, the University of Houston System, or the University of North Texas System from the General Revenue Fund may not be used to establish or maintain the fund, to purchase insurance, or to employ private legal counsel.
Added by Acts 1983, 68th Leg., p. 996, ch. 235, art. 2, Sec. 1(a), eff. Sept. 1, 1983.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 6.02(a), eff. Aug. 28, 1989;  Acts 1993, 73rd Leg., ch. 408, Sec. 9, eff. Aug. 30, 1993.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 65 (S.B. 120), Sec. 10, eff. May 18, 2013.
Acts 2019, 86th Leg., R.S., Ch. 8 (H.B. 826), Sec. 4, eff. May 1, 2019.
Acts 2019, 86th Leg., R.S., Ch. 225 (H.B. 1592), Sec. 4, eff. September 1, 2019.
Reenacted and amended by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 5.024, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 6 (S.B. 1055), Sec. 4, eff. May 10, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 59 - Health Care Professional Malpractice Coverage for Certain Institutions › Subchapter A. Health Care Professional Liability › Section 59.07. Exemption From Insurance Code; Report

Sec. 59.07.  EXEMPTION FROM INSURANCE CODE;  REPORT.  The establishment and administration of each fund under this subchapter and the rules of the boards do not constitute the business of insurance as defined and regulated in the Insurance Code.  However, the boards of regents shall annually report to the State Board of Insurance information appropriate for carrying out the functions of the State Board of Insurance.
Added by Acts 1983, 68th Leg., p. 996, ch. 235, art. 2, Sec. 1(a), eff. Sept. 1, 1983.  Amended by Acts 1989, 71st Leg., ch. 2, Sec. 6.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 59 - Health Care Professional Malpractice Coverage for Certain Institutions › Subchapter A. Health Care Professional Liability › Section 59.08. State Indemnification

Sec. 59.08.  STATE INDEMNIFICATION.  (a)  The state shall indemnify a health care professional staff member or student for damages paid as required by a judgment on or settlement of a health care liability claim arising out of the provision of charitable care or services.
(b)  State liability for indemnification under this section may not exceed:
(1)  $100,000 for each defendant for each occurrence;  and
(2)  $250,000 for each occurrence for all defendants.
(c)  The state is not liable for indemnity under this section for damages found by the trier of fact to result from fraud, malice, or gross negligence.
(d)  The state may not charge or assess a board, a medical and dental unit, or any fund or account of a board or medical and dental unit for any amount of indemnification paid or to be paid by the state under this section.
(e)  The attorney general is entitled to approve any settlement of the portion of a health care liability claim that may result in the state being liable for indemnification of the defendant under this section. If the attorney general does not approve a settlement, the state is not liable for indemnification of the defendant under this section. The attorney general shall base the determination on the best interests of the defendant.
(f)  This section prevails over any other law, including Chapter 104, Civil Practice and Remedies Code, to the extent of any conflict.
Added by Acts 1991, 72nd Leg., ch. 832, Sec. 2, eff. Sept. 1, 1991.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 225 (H.B. 1592), Sec. 5, eff. September 1, 2019.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 59 - Health Care Professional Malpractice Coverage for Certain Institutions › Subchapter B. Veterinary Malpractice Coverage Purchased by Texas A&m › Section 59.21. Definitions

Sec. 59.21.  DEFINITIONS.  In this subchapter:
(1)  "Board" means the board of regents of The Texas A&M University System.
(2)  "Fund" means the veterinary medical diagnostic professional liability fund.
(3)  "Professional staff" means veterinarians, diagnosticians, toxicologists, pathologists, microbiologists, and other professional employees employed by the Texas Veterinary Medical Diagnostic Laboratory, including the director.
(4)  "Veterinary malpractice claim" means a cause of action for damages resulting proximately from negligence in performing diagnostic services, toxicological and other diagnostic analyses, and in making recommendations for treatment.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 6.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 59 - Health Care Professional Malpractice Coverage for Certain Institutions › Subchapter B. Veterinary Malpractice Coverage Purchased by Texas A&m › Section 59.22. Veterinary Medical Diagnostic Professional Liability Fund

Sec. 59.22.  VETERINARY MEDICAL DIAGNOSTIC PROFESSIONAL LIABILITY FUND.  (a)  The board may establish a separate self-insurance fund to pay any damages adjudged in a court of competent jurisdiction or a settlement of any veterinary malpractice claim against a member of the professional staff arising from the exercise of his appointment or duties with the Texas Veterinary Medical Diagnostic Laboratory.
(b)  The board may pay from the fund all expenses incurred in amounts and at intervals determined by the board.
(c)  The board may receive and accept any gifts or donations into the fund.
(d)  The board may invest money deposited in the fund, and any income received shall be retained in the fund.  The money shall be deposited in any of the approved depository banks of The Texas A&M University System.  All expenditures from the fund shall be paid pursuant to approval by the board.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 6.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 59 - Health Care Professional Malpractice Coverage for Certain Institutions › Subchapter B. Veterinary Malpractice Coverage Purchased by Texas A&m › Section 59.23. Rules

Sec. 59.23.  RULES.  The board may adopt rules for the establishment and administration of the fund and the negotiation, settlement, and payment of claims as necessary to carry out the purpose of this subchapter.  The board may establish by rule reasonable limits on the amount of claims to be paid from the fund or to be provided in purchased insurance.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 6.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 59 - Health Care Professional Malpractice Coverage for Certain Institutions › Subchapter B. Veterinary Malpractice Coverage Purchased by Texas A&m › Section 59.24. Purchase of Insurance

Sec. 59.24.  PURCHASE OF INSURANCE.  The board may purchase veterinary medical malpractice insurance from an insurance company authorized to do business in this state as it considers necessary to carry out the purpose of this subchapter.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 6.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 59 - Health Care Professional Malpractice Coverage for Certain Institutions › Subchapter B. Veterinary Malpractice Coverage Purchased by Texas A&m › Section 59.25. Legal Counsel

Sec. 59.25.  LEGAL COUNSEL.  The board may employ private legal counsel to represent the professional staff covered by this subchapter under the rules of the board.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 6.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 59 - Health Care Professional Malpractice Coverage for Certain Institutions › Subchapter B. Veterinary Malpractice Coverage Purchased by Texas A&m › Section 59.26. Limitation on Appropriated Funds

Sec. 59.26.  LIMITATION ON APPROPRIATED FUNDS.  Funds appropriated by the legislature to the Texas Veterinary Medical Diagnostic Laboratory from the General Revenue Fund may not be used to establish or maintain the fund, to purchase insurance, or to employ private legal counsel.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 6.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 59 - Health Care Professional Malpractice Coverage for Certain Institutions › Subchapter B. Veterinary Malpractice Coverage Purchased by Texas A&m › Section 59.27. Exemption From Insurance Code; Report

Sec. 59.27.  EXEMPTION FROM INSURANCE CODE;  REPORT.  The establishment and administration of the fund under this subchapter and the rules of the board do not constitute the business of insurance as defined and regulated in the Insurance Code.  However, the board shall annually report to the State Board of Insurance information appropriate for carrying out the functions of the State Board of Insurance.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 6.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle A - Higher Education in General › Chapter 59 - Health Care Professional Malpractice Coverage for Certain Institutions › Subchapter B. Veterinary Malpractice Coverage Purchased by Texas A&m › Section 59.28. Additional Compensation

Sec. 59.28.  ADDITIONAL COMPENSATION.  Malpractice liability coverage authorized by this subchapter is provided as additional compensation to the professional staff.
Added by Acts 1989, 71st Leg., ch. 2, Sec. 6.02(a), eff. Aug. 28, 1989.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter A. General Provisions › Section 61.001. Short Title

Sec. 61.001.  SHORT TITLE.  This chapter may be cited as the Higher Education Coordinating Act of 1965.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter B. Administrative Provisions › Section 61.021. Establishment of Coordinating Board: Functions

Sec. 61.021.  ESTABLISHMENT OF COORDINATING BOARD:  FUNCTIONS.  (a)  The Texas Higher Education Coordinating Board is an agency of the state.  It shall have its office in Austin.  It shall perform only the functions which are enumerated in this chapter and which the legislature may assign to it.  Functions vested in the governing boards of the respective institutions of higher education not specifically delegated to the coordinating board shall be performed by the governing boards.  The coordinating functions and other duties delegated to the board in this chapter shall apply to all public institutions of higher education.
(b)  References in this code or other law to the "coordinating board" or the "Coordinating Board, Texas College and University System," are references to the Texas Higher Education Coordinating Board.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.  Amended by Acts 1987, 70th Leg., ch. 823, Sec. 1.02, eff. June 20, 1987.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter B. Administrative Provisions › Section 61.0211. Sunset Provision

Sec. 61.0211.  SUNSET PROVISION.  The Texas Higher Education Coordinating Board is subject to Chapter 325, Government Code (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the board is abolished and this chapter expires September 1, 2029.
Added by Acts 1977, 65th Leg., p. 1853, ch. 735, Sec. 2.151, eff. Aug. 29, 1977.  Amended by Acts 1985, 69th Leg., ch. 479, Sec. 200, eff. Sept. 1, 1985;  Acts 1987, 70th Leg., ch. 823, Sec. 1.04, eff. June 20, 1987;  Acts 1989, 71st Leg., ch. 1084, Sec. 1.01, eff. Sept. 1, 1989;  Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 6.01, eff. Nov. 12, 1991;  Acts 2003, 78th Leg., ch. 820, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1232 (S.B. 652), Sec. 1.02, eff. June 17, 2011.
Acts 2013, 83rd Leg., R.S., Ch. 1155 (S.B. 215), Sec. 26, eff. September 1, 2013.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 1.03, eff. June 18, 2023.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter B. Administrative Provisions › Section 61.022. Members of Board; Appointment; Terms of Office

Sec. 61.022.  MEMBERS OF BOARD;  APPOINTMENT;  TERMS OF OFFICE.  (a)  The board shall consist of nine members appointed by the governor so as to provide representation from all areas of the state with the advice and consent of the senate, and as the constitution provides.  Members of the board serve staggered six-year terms.  The terms of one-third of the members expire August 31 of each odd-numbered year.
(b)  A board member may not be employed professionally for remuneration in the field of education during the member's term of office.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971.  Amended by Acts 2003, 78th Leg., ch. 1170, Sec. 18.01, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 820, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter B. Administrative Provisions › Section 61.0221. Duty in Making or Confirming Appointments

Sec. 61.0221.  DUTY IN MAKING OR CONFIRMING APPOINTMENTS.  (a)  In making or confirming appointments to the coordinating board, the governor and senate shall ensure that the appointee has the background and experience suitable for performing the statutory responsibility of a member of the coordinating board.
(b)  Appointments to the board shall be made without regard to the race, color, handicap, sex, religion, age, or national origin of the appointees.
Added by Acts 1987, 70th Leg., ch. 823, Sec. 1.05, eff. June 20, 1987.  Amended by Acts 1989, 71st Leg., ch. 1084, Sec. 1.01, eff. Sept. 1, 1989.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter B. Administrative Provisions › Section 61.0222. Restrictions on Board Appointment, Membership, and Employment

Sec. 61.0222.  RESTRICTIONS ON BOARD APPOINTMENT, MEMBERSHIP, AND EMPLOYMENT.  (a)  A member of the board must be a representative of the general public.  A person is not eligible for appointment as a member of the board if the person or the person's spouse:
(1)  is employed by or participates in the management of a business entity or other organization regulated by the board or receiving funds from the board;
(2)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the board or receiving funds from the board;  or
(3)  uses or receives a substantial amount of tangible goods, services, or funds from the board, other than compensation or reimbursement authorized by law for board membership, attendance, or expenses.
(b)  A person may not be a member of the board and may not be a board employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of higher education;  or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of higher education.
(c)  A person may not be a member of the board or act as the general counsel to the board if the person is required to register as a lobbyist under Chapter 305, Government Code, because of the person's activities for compensation on behalf of a profession related to the operation of the board.
(d)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.02, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 820, Sec. 3, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle B - State Coordination of Higher Education › Chapter 61 - Texas Higher Education Coordinating Board › Subchapter B. Administrative Provisions › Section 61.0223. Removal of Board Member

Sec. 61.0223.  REMOVAL OF BOARD MEMBER.  (a)  It is a ground for removal from the board that a member:
(1)  does not have at the time of taking office the qualifications required by Section 61.0222(a);
(2)  does not maintain during service on the board the qualifications required by Section 61.0222(a);
(3)  is ineligible for membership under Section 61.022 or 61.0222;
(4)  cannot, because of illness or disability, discharge the member's duties for a substantial part of the member's term;  or
(5)  is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the board.
(b)  The validity of an action of the board is not affected by the fact that it is taken when a ground for removal of a board member exists.
(c)  If the commissioner of higher education has knowledge that a potential ground for removal exists, the commissioner shall notify the presiding officer of the board of the potential ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the commissioner shall notify the next highest ranking officer of the board, who shall then notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1989, 71st Leg., ch. 1084, Sec. 1.03, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 820, Sec. 4, eff. Sept. 1, 2003.