MMA C.S.H.B. 1460 75(R)BILL ANALYSIS


HIGHER EDUCATION
C.S.H.B. 1460
By: Delisi
3-29-97
Committee Report (Substituted)



BACKGROUND 

Currently, all junior college and community college districts must have
the words "junior" or "community" in the names of both their districts and
colleges.  Junior college and community college districts have requested
authority to eliminate the words "junior" and "college" from their names.
The Texas Higher Education Coordinating Board has also noted necessary
clarification of current statutory language providing for a college name
change. 

PURPOSE

C.S.H.B. 1460 would grant authority to the boards of trustees of junior
college districts to eliminate, by resolution, the words "community" or
"junior" from the name of the district or college. 

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 A, Chapter 130, Education Code, by adding
Section 130.0051 to read as follows: 
Section 130.0051.  OTHER CHANGE OF NAME BY JUNIOR COLLEGE DISTRICT. (a)
States that the board of trustees of a junior college district, by
resolution, may change the name of the district or college within it by
deleting the words "community" or "junior" if there are no other
districts, colleges or institutions in the state with the same name. 
(b) Requires the certified resolution to be filed with the Texas Higher
Education Coordinating Board (THECB), at which time the name change takes
effect.  The new name shall be used for all official business. 

SECTION 2. Amends Section 130.082(c), Education Code, by adding language
that allows a "junior college district" to name itself a "community
college district" with an appropriate and locally pertinent name before
the words "community college district."  Authorizes a district the
authority to change its name by referring to Sec. 130.005 (existing
statute) and Sec. 130.0051 (bill language).  Mandates name change
resolutions to be filed with the THECB.  Requires that the names of junior
college districts existing prior to September 1, 1997 remain the same
unless changed under this chapter, and any changes before that date remain
valid.  Prohibits another school from using the name of any district whose
name change is validated under this subsection. 

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 1460 adds clarifying language, not contained in H.B. 1460, that
prohibits a district or college to have the same name as another district,
college or institution in the state.