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.