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.