HBA-MPM S.B. 502 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 502
By: Shapleigh
Higher Education
5/5/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, under Section 61.313(e) (Use of Protected Term in Name of
Institution), Education Code, private post-secondary 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.  A parent business
of a campus, which is exempt under Section 61.313(e) from the requirement
to remove the term "college" or "university" from its name or title and
uses the term "college" in its name, is unable to operate new campuses
utilizing the term "college" because the new campuses do not meet the
qualifications contained in Section 61.313(e). S.B. 502 permits a business
whose name on September 1, 1975, included the term "college" and whose
campuses are exempt from the provisions of Section 61.313, to be allowed to
operate a new campus utilizing the recognizable name of the parent
institution, if the other institution offers the same or similar
educational programs and is located in the same county 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" from the name or
title of the institution established before September 1, 1975.  Authorizes
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 person's business name on September 1,
1995, included the term "college" and 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 conforming
change. 

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