HBA-KMH S.B. 1861 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1861 By: Sibley Higher Education 5/7/1999 Engrossed BACKGROUND AND PURPOSE Currently, the Texas Higher Education Coordinating Board recognizes more accrediting agencies than it did in 1993. Growth in the number of accrediting agencies may expand the number and types of institutions that fit the present definition of a "private or independent institution of higher education" beyond the scope of what the legislature originally intended. S.B. 1861 redefines a private or independent institution of higher education. 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 Subdivision (15), Section 61.003, Education Code, to redefine "private or independent institution of higher education" to include only a private or independent college or university that is: organized under the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., V.T.C.S.), exempt from taxation under Section 2 (Occupation taxes; equality and uniformity; exemptions from taxation), Article VIII, Texas Constitution and Section 501(c)(3) (Exemption from tax on corporations, certain trusts, etc.), Internal Revenue Code of 1986 (26 U.S.C. Section 501), and accredited by the Commission on Colleges of the Southern Association of Colleges and Schools or the Liaison Committee on Medical Education, rather than a recognized accrediting agency. SECTION 2.Emergency clause. Effective date: upon passage.