78R6135 JSA-D

By:  Farabee                                                      H.B. No. 1722



A BILL TO BE ENTITLED

AN ACT

relating to the use of the term "college" by certain educational 
institutions.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 61.313, Education Code, is amended by 
amending Subsection (e) and adding Subsections (f) and (g) to read 
as follows:
	(e)  This section does not apply to a person who on September 
1, 1997, used the term "college" or "university" in the official 
name or title of a private postsecondary educational institution 
that was established before September 1, 1975.  A person covered by 
this subsection is not required to remove the term "college" or 
"university" from the name or title of the institution established 
before September 1, 1975.
	(f)  A person covered by Subsection (e) [this subsection] may 
use the term "college" in the official name or title of another 
private postsecondary educational institution in this state if:
		(1)  the person's business name on September 1, 1995, 
included the term "college"; and
		(2)  the other institution offers the same or similar 
educational programs and is located in the same county as the 
institution established before September 1, 1975.
	(g)  A person covered by Subsection (e) may use the term 
"college" in the official name or title of another private 
postsecondary educational institution in this state if:
		(1)  the person operated at least four private 
postsecondary educational institutions in this state on September 
1, 1985, for which the person was permitted to use the term 
"college" in the official name or title; and
		(2)  the other institution offers the same or similar 
educational programs as the institutions described by Subdivision 
(1) and has enrolled students in educational programs continuously 
since before September 1, 1995.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.