By Carriker, Sims S.B. No. 163
Substitute the following for S.B. No. 163:
By Hunter of Taylor C.S.S.B. No. 163
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the protection of buildings and grounds at private
1-3 institutions of higher education.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 51.212, Education Code, is amended by
1-6 adding Subsection (c) to read as follows:
1-7 (c) In this section, "private institution of higher
1-8 education" has the meaning assigned by Section 61.003(15) of this
1-9 code.
1-10 SECTION 2. Section 51.215, Education Code, is amended by
1-11 amending Subsection (a) and adding Subsection (e) to read as
1-12 follows:
1-13 (a) An institution of higher education<, as defined in
1-14 Section 61.003 of this code, or a private institution of higher
1-15 education that is accredited by the Commission on Colleges of the
1-16 Southern Association of Colleges and Schools,> is entitled to
1-17 obtain criminal history record information pertaining to an
1-18 applicant for employment for a security-sensitive position. The
1-19 institution of higher education may deny employment to an applicant
1-20 for a security-sensitive position who fails to provide a complete
1-21 set of fingerprints upon request.
1-22 (e) In this section, "institution of higher education"
1-23 means:
1-24 (1) an institution of higher education, as defined by
2-1 Section 61.003(8) of this code; and
2-2 (2) a private institution of higher education, as
2-3 defined by Section 61.003(15) of this code.
2-4 SECTION 3. Amend Subchapter G of Chapter 61, Texas Education
2-5 Code by renaming the subchapter as follows: REGULATION OF PRIVATE
2-6 POSTSECONDARY EDUCATIONAL <DEGREE GRANTING> INSTITUTIONS <OF HIGHER
2-7 EDUCATION>
2-8 SECTION 4. Section 61.003, Education Code, is amended by
2-9 adding Subdivision (15) to read as follows:
2-10 (15) "Private or independent institution of higher
2-11 education" includes only a private or independent college or
2-12 university that is:
2-13 (A) organized under the Texas Non-Profit
2-14 Corporation Act (Article 1396-1.01 et seq., Vernon's Texas Civil
2-15 Statutes);
2-16 (B) exempt from taxation under Article VIII,
2-17 Section 2, of the Texas Constitution and Section 501(c)(3) of the
2-18 Internal Revenue Code of 1986 (42 U.S.C. Section 501); and
2-19 (C) accredited by a recognized accrediting
2-20 agency.
2-21 SECTION 5. Sections 61.302(2), (3), and (9), Education Code,
2-22 are amended to read as follows:
2-23 (2) "Private postsecondary educational institution <of
2-24 higher education>" or "institution" means an educational
2-25 institution which:
2-26 (A) is not an institution of higher education as
2-27 defined by Section 61.003(7) of this code;
3-1 (B) is incorporated under the laws of this
3-2 state, maintains a place of business in this state, has a
3-3 representative present in this state, or solicits business in this
3-4 state; and
3-5 (C) furnishes or offers to furnish courses of
3-6 instruction in person, by electronic media, or by correspondence
3-7 leading to a degree or providing credits alleged to be applicable
3-8 to a degree.
3-9 (3) "Agent" means a person employed by or representing
3-10 a private postsecondary educational institution <of higher
3-11 education> who solicits students for enrollment in the institution.
3-12 (9) "Educational or training establishment" means an
3-13 enterprise that would otherwise be a private postsecondary
3-14 educational institution <of higher education>, except the
3-15 enterprise does not provide courses or credits alleged to be
3-16 applicable to a degree.
3-17 SECTION 6. Section 61.303(f), Education Code, is amended to
3-18 read as follows:
3-19 (f) A private postsecondary educational institution <of
3-20 higher education> may not establish or operate a branch campus,
3-21 extension center, or other off-campus unit in Texas except as
3-22 provided by Subsection (g) of this section or as provided under the
3-23 rules of the board.
3-24 SECTION 7. Section 61.304, Education Code, is amended to
3-25 read as follows:
3-26 Sec. 61.304. REQUISITE AUTHORITY TO GRANT DEGREES AND OFFER
3-27 COURSES. A person may not grant or award a degree on behalf of a
4-1 private postsecondary educational institution <of higher education>
4-2 unless the institution has been issued a certificate of authority
4-3 to grant the degree by the board in accordance with the provision
4-4 of this subchapter. A person may not represent that credits earned
4-5 or granted by that person or institution are applicable for credit
4-6 toward a degree to be granted by some other person or institution
4-7 except under conditions and in a manner specified and approved by
4-8 the board. The board is empowered to specify and regulate the
4-9 manner, condition, and language used by an institution or person or
4-10 agents thereof in making known that the person or institution holds
4-11 a certificate of authority and the interpretation of the
4-12 significance of such certificate.
4-13 SECTION 8. Section 61.305(a), Education Code, is amended to
4-14 read as follows:
4-15 (a) A private postsecondary educational institution <of
4-16 higher education> that has been in operation for not less than two
4-17 years may apply to the board for a certificate of authority to
4-18 grant a degree in a specified program of study on application forms
4-19 provided by the board.
4-20 SECTION 9. Sections 61.308(a) and (d), Education Code, are
4-21 amended to read as follows:
4-22 (a) A private postsecondary educational institution <of
4-23 higher education> which desires to renew its certificate of
4-24 authority shall apply to the board at least 60 days prior to the
4-25 expiration of the current certificate.
4-26 (d) A private postsecondary educational institution <of
4-27 higher education> may be granted successive certificates of
5-1 authority for a period not to exceed the number of years provided
5-2 by rule of the board. The board rules must recognize that
5-3 certification by the state is intended to safeguard the public
5-4 interest until an institution has developed the strength to satisfy
5-5 appropriate accreditation standards and it is intended that an
5-6 institution advance from certification status to fully accredited
5-7 status in due course.
5-8 SECTION 10. Section 61.312, Education Code, is amended to
5-9 read as follows:
5-10 Sec. 61.312. Honorary Degrees. No person may award an
5-11 honorary degree on behalf of a private postsecondary educational
5-12 institution <of higher education> subject to the provisions of this
5-13 subchapter unless the institution has been issued a certificate of
5-14 authority to award such a degree. The honorary degree shall
5-15 plainly state on its face that it is honorary.
5-16 SECTION 11. Section 61.313(a), Education Code, is amended to
5-17 read as follows:
5-18 (a) A person may not use the term "college" or "university"
5-19 in the official name or title of a private postsecondary
5-20 educational institution <of higher education> established after the
5-21 effective date of this subchapter unless the institution has been
5-22 issued a certificate of authority to grant a degree or degrees.
5-23 SECTION 12. Section 61.314, Education Code, is amended to
5-24 read as follows:
5-25 Sec. 61.314. ADVISORY COUNCIL ON PRIVATE POSTSECONDARY
5-26 EDUCATIONAL <DEGREE-GRANTING> INSTITUTIONS <OF HIGHER EDUCATION>.
5-27 (a) The board shall appoint an advisory council on private
6-1 postsecondary educational <degree-granting> institutions <of higher
6-2 education> consisting of six members with experience in the field
6-3 of higher education and representative of private institutions of
6-4 higher education as defined by Section 61.003(15) in the state of
6-5 Texas which are exempt from the provisions of this subchapter.
6-6 Council members serve for terms of two years from the date of their
6-7 appointment and are entitled to reimbursement for actual expenses
6-8 incurred in carrying out the work of the council.
6-9 (b) The council shall advise the board on standards and
6-10 procedures to be used in carrying out the provisions of this
6-11 subchapter.
6-12 SECTION 13. Section 61.317, Education Code, is amended to
6-13 read as follows:
6-14 Sec. 61.317. Penalties. (a) Any person who confers or
6-15 offers to confer a degree on behalf of a private postsecondary
6-16 educational institution <of higher education> subject to the
6-17 provisions of this subchapter which has not been issued a
6-18 certificate of authority to grant degrees is guilty of a
6-19 misdemeanor and upon conviction is subject to a fine of not less
6-20 than $1,000 nor more than $5,000. Each degree conferred without
6-21 authority constitutes a separate offense.
6-22 (b) Any person who establishes a private postsecondary
6-23 educational institution <of higher education> and uses the term
6-24 "college" or "university" in the official name of the institution
6-25 without first having been issued a certificate of authority to
6-26 grant degrees for the institution or any person who establishes an
6-27 educational or training establishment and uses the term "college"
7-1 or "university" in the official name or title of the establishment
7-2 is guilty of a misdemeanor and upon conviction is subject to a fine
7-3 of not less than $1,000 nor more than $3,000.
7-4 (c) Any agent who solicits students for enrollment in a
7-5 private postsecondary educational institution <of higher education>
7-6 subject to the provisions of this subchapter without a certificate
7-7 of registration is guilty of a misdemeanor and on conviction is
7-8 subject to a fine of not less than $500 nor more than $1,000.
7-9 (d) Any operations which are found after due process to be
7-10 in fraudulent violation of this Act shall be terminated.
7-11 SECTION 14. This Act takes effect September 1, 1993.
7-12 SECTION 15. The importance of this legislation and the
7-13 crowded condition of the calendars in both houses create an
7-14 emergency and an imperative public necessity that the
7-15 constitutional rule requiring bills to be read on three several
7-16 days in each house be suspended, and this rule is hereby suspended.