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.