MMA C.S.H.B. 762 75(R)BILL ANALYSIS HIGHER EDUCATION C.S.H.B. 762 By: Averitt 3-29-97 Committee Report (Substituted) BACKGROUND Individuals and companies have offered to sell student's term papers and theses or to write them for a fee. These individuals and companies often post notices on college and university bulletin boards and advertise in newspapers or magazines, but mainly via the Internet. Such individuals and companies encourage academic dishonesty. While colleges and universities have the ability to discipline students who cheat, they have little at their disposal to deter individuals and companies from inducing students to cheat. At least sixteen states have passed statutes prohibiting the sale of term papers and other academic materials. Other states are following suit. PURPOSE C.S.H.B. 762 would make illegal the advertisement, distribution, preparation, or sale of an academic product to be used by another individual to submit as his or her own work to satisfy course requirements at an institution of higher education. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter D, Chapter 32, Penal Code, by adding Section 32.49 to read as follows: Sec. 32.49. DECEPTIVE PREPARATION AND MARKETING OF ACADEMIC PRODUCT. (a) Defines "academic product," "academic requirement," and "institution of higher education." (b) Makes it an offense to make a profit by selling, preparing, advertising or delivering an academic product for another person when the person knows or should have reasonably known that a person intends to submit the product to satisfy an academic requirement of a person other than the preparer. (c) Makes it an offense to enter or induce into a written or verbal agreement to prepare or have prepared an academic product to be sold for use in satisfying the academic requirement of a person other than the preparer. (d) States that this section does not prohibit employees of an institution of higher education from providing instruction, counseling, or tutoring in research or writing to students. (e) States that this section does not prohibit a person from offering or providing tutorial or editing assistance to another person who is preparing an academic product as long as it does not include the substantial preparation, research or writing of an academic product. (f) States that this section does not prohibit a person from typing, transcribing, or reproducing a manuscript for a fee, or offering to do so. (c) Makes an offense under this section a Class B misdemeanor. SECTION 2. Effective date: September 1, 1997. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 762 defines certain terms and makes non-substantive language changes as recommended by Legislative Council.