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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 79(R)

House Bill 1173

House Author:  Brown, Fred

Effective:  9-1-05

Senate Sponsor:  Ogden


            House Bill 1173 amends the Education Code to define "fraudulent or substandard degree" and to require the Texas Higher Education Coordinating Board to establish by rule a process for reviewing and approving degrees conferred by certain private out-of-state or foreign institutions or other persons and for determining whether such degrees are equivalent to degrees granted by accredited or otherwise authorized private postsecondary educational institutions.  The bill also makes it a Class A misdemeanor offense for a person to (1) grant or offer to grant a degree, including an honorary degree, without the requisite certificate of authority from the board; (2) misrepresent that credit earned or granted by the person can be applied toward a degree offered by another person or institution; (3) grant or offer to grant credit that is misrepresented as above; (4) knowingly solicit another person to seek a degree, seek or accept an honorary degree, or earn credit that is fraudulently offered; (5) use certain protected terms such as "college," "university," "medical school," "law school," or other similar term in the official name or title of a nonexempt institution without a certificate of authority; or (6) solicit another person to seek a degree or earn credit offered by an institution or establishment illegally using a protected term in its title.  A violation of these provisions is also subject to a public or private remedy enforceable under the state's deceptive trade practices act.

            The bill also amends the Penal Code and the Code of Criminal Procedure to make it a Class B misdemeanor offense for a person to knowingly use or claim to hold a fraudulent, substandard, fictitious, or revoked degree and to do so in advertising or promoting a business or to obtain employment, an occupational license or certificate, a job promotion or raise, admission to an educational institution in this state, or certain government positions.