C.S.H.B. 268 78(R)    BILL ANALYSIS


C.S.H.B. 268
By: Naishtat
Higher Education
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

In 1995, the 74th Legislature passed legislation that made hazing at
colleges, universities and high schools a criminal offense.  However, the
term "institutions of higher education" contained in the statute may not
clearly apply the provisions to private colleges and universities.   

CSHB 268 clears up any ambiguity that may exist regarding the
applicability of the current hazing statutes to private colleges and
universities by defining "institutions of higher education" in more
specific language.  It does not change any of the provisions in the hazing
statutes. 

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. 

ANALYSIS

CSHB 268 amends Section 51.936, Education Code, by amending Subsections
(a) and (b) and adding Subsection (e).  The bill provides that Subchapter
F, Chapter 37, Education Code, applies to a postsecondary educational
institution under this section in the same manner as that subchapter
applies to a public or private high school.  The bill defines
postsecondary educational institution as an institution of higher
education as defined by Section 61.003, Education Code, or as a private or
independent institution of higher education as defined by Section 61.003,
Education Code, or as a private postsecondary educational institution as
defined by Section 61.302, Education Code.  The bill provides that Section
1.001(a) does not limit the application of this section to postsecondary
educational institutions supported in whole or part by state tax funds. 

EFFECTIVE DATE

This Act takes effect September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

CSHB 268 modifies the original to provide a that a postsecondary
educational institution a private or independent institution of higher
education are as defined by Section 61.003, Education Code.