HBA-KMH S.B. 1861 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1861
By: Sibley
Higher Education
5/7/1999
Engrossed


BACKGROUND AND PURPOSE

Currently, the Texas Higher Education Coordinating Board recognizes more
accrediting agencies than it did in 1993.  Growth in the number of
accrediting agencies may expand the number and types of institutions that
fit the present definition of a "private or independent institution of
higher education" beyond the scope of what the legislature originally
intended.  S.B. 1861 redefines a private or independent institution of
higher education. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subdivision (15), Section 61.003, Education Code, to
redefine "private or independent institution of higher education" to
include only a private or independent college or university that is:
organized under the Texas Non-Profit Corporation Act (Article 1396-1.01 et
seq., V.T.C.S.), exempt from taxation under Section 2 (Occupation taxes;
equality and uniformity; exemptions from taxation), Article VIII, Texas
Constitution and Section 501(c)(3) (Exemption from tax on corporations,
certain trusts, etc.), Internal Revenue Code of 1986 (26 U.S.C. Section
501), and accredited by the Commission on Colleges of the Southern
Association of Colleges and Schools or the Liaison Committee on Medical
Education, rather than a recognized accrediting agency. 

SECTION 2.Emergency clause.
  Effective date: upon passage.