HBA-MPM H.B. 3715 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3715
By: Shields
Higher Education
4/8/1999
Introduced



BACKGROUND AND PURPOSE 

In 1975, the Texas Legislature enacted legislation regulating private
post-secondary educational institutions, which include those which are
church-related, with the intent of preventing "diploma mills."  This law
prevents these institutions from offering degrees without first obtaining
permission from the Texas Higher Education Coordinating Board. Recently,
however, this law has been used to shut down church-related colleges and
universities.  H.B. 3715 excludes legitimate seminaries and church-based
institutions of higher education from the definition of "private
postsecondary educational 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 61.302(l), Subchapter G, Chapter 61, Education
Code, to include among the definitions of "private postsecondary
educational institution" or "institution" an educational institution which
is not a seminary, theological educational institution, divinity
educational institution, parochial educational institution, church-based
educational institution, church-related educational institution,
religion-based educational institution, or religion-related educational
institution. 

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