HBA-MPM H.B. 1126 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1126
By: Wohlgemuth
Higher Education
3/2/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, a post-secondary religious academy may not use the name
"seminary" in its title or offer religious degrees without the consent of
the Texas Higher Education Coordinating Board (board). The states of
Missouri, New Mexico, Arkansas, and Louisiana have statutes which exempt
religious institutions from state regulation.  H.B. 1126 exempts private
post-secondary educational institutions which meet certain criteria from
regulation by an agency or political subdivision of this state with respect
to the content or character of the institution's educational programs. 

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 Subchapter G, Chapter 61, Education Code, by adding
Section 61.3031, as follows: 

Sec. 61.3031.  EXEMPTION FOR CERTAIN RELIGIOUS INSTITUTIONS.  (a)  Provides
an exemption from this subchapter (regarding regulation of private
post-secondary educational institutions), and from any other regulation by
an agency or political subdivision of this state with respect to the
content or character of the institution's educational programs, for an
institution that meets the requirements under this section. 

(b)  Requires an institution, in order to be exempt, to:

_be organized as or operated by a nonprofit corporation under the Texas
Non-Profit Corporation Act (Article 1396-1.01 et. seq., V.T.C.S.); 
_be under the direction of a stewardship board or corporate board of
directors; 
_offer degrees solely for the purpose of ministerial and religious
training;  
_include a statement describing the religious training purpose or purposes
of the institution in the institution's course catalog; and 
_ensure that each course for which the institution grants credit toward a
degree has a religious purpose that is described in the institution's
course catalogue. 

(c)  Requires an institution, in order to be exempt, to operate as an
independent institution or in conjunction with a local organization whose
primary purpose is to maintain and operate a church, synagogue, temple,
mosque, or other place of worship. 

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