MMA H.B. 1883 75(R)BILL ANALYSIS


HIGHER EDUCATION
H.B. 1883
By: Averitt
4-9-97
Committee Report (Unamended)



BACKGROUND 

During the 74th session of the Texas Legislature, legislation was passed
which allowed the transfer of governance of the Baylor College of
Dentistry to the Texas A&M University System. The legislation contained
one sentence that is problematic:  "When the transfer takes effect, the
institution shall be known as The Texas A&M University System--Baylor
College of Dentistry." Baylor University in Waco, Texas, owns the name and
trademark "Baylor" and has sole discretion regarding the appropriation of
the name, requiring the consent of the university prior to use of the
name.  Designation of the name "Baylor" by a third party is inconsistent
with applicable trademark laws. 

PURPOSE

H.B. 1883 establishes that the name "Baylor" cannot be appropriated by a
third party and removes the name from current statute--Sections 87.801 and
87.802 of Subchapter I, Chapter 87, Education Code. 

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 Chapter 87, Subchapter I, Education Code, by removing
the name "Baylor" in each reference throughout the statute, inclusive of
the Subchapter title and Sections 87.801 and 87.802. 

SECTION 2. States that the purpose of this Act is to make a technical
correction to statutory language by deleting "Baylor" from the reference
to the name of the College of Dentistry.  States that Baylor University in
Waco, Texas, is the sole authorized user of the "Baylor" trademark. 

SECTION 3. Emergency clause.