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.