HBA-MPM H.B. 3236 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3236
By: Najera
Higher Education
4/16/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Under Section 61.313(e) (Use of Protected Term in Name of Institution),
Education Code, private, postsecondary educational institutions are
prohibited from using the term "college" or "university" in their official
name or title unless they used the term as of September 1, 1997, and were
established before September 1, 1975.  If a parent business of a campus
exempt from this requirement also uses the term "college" in its name, it
is unable to operate new campuses utilizing this term.  H.B. 3236 allows a
business whose name on September 1, 1995 included the term "college" and
whose campuses are exempt from the provisions of Section 61.313, Education
Code, to be allowed to operate a new campus using the recognizable name of
the parent institution if the institution offers the same or similar
educational programs as the parent institution. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 61.313(e), Education Code, to provide that a
person, rather than an institution, covered by this subsection is not
required to remove the term "college" or "university" before the name or
title of the institution established before September 1, 1975.  Authorizes
the person to use the term "college" in the official name or title of
another private postsecondary educational institution in this state if the
person's business name on September 1, 1995, included the term "college"
and the other institution offers the same or similar educational programs
as the institution established prior to September 1, 1995. 

SECTION 2.Emergency clause.
  Effective date: upon passage.

EXPLANATION OF AMENDMENTS

Committee Amendment #1:

SECTION 1.  Amends proposed Section 61.313(e)(2), Education Code, to
authorize a person covered by this subsection to use the term "college" in
the official name or title of another private postsecondary educational
institution in this state if the other institution offers the same or
similar educational programs and is located in the same county as the
institution established before September 1, 1975.  Makes a nonsubstantive
change.