BILL ANALYSIS

Senate Research Center                                                                                                     H.B. 1791

79R7652 JRJ-D                                                                                          By: Naishtat (Barrientos)

Education

5/18/2005

Engrossed

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

Under current law, hazing is a criminal offense at public colleges and high schools.  However, it is unclear, because of the definition of "institutions of higher education" contained in law, whether the prohibition applies to private colleges and universities. 

H.B. 1791 clarifies that the anti-hazing law does apply to private colleges and universities.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 51.936, Education Code, by amending Subsections (a) and (b) and adding Subsection (e), as follows:

(a)  Provides that Subchapter F (Hazing), Chapter 37 (Discipline; Law and Order), applies to a postsecondary educational institution under this section in the same manner as that subchapter applies to a public or private high school.

(b)  Redefines "postsecondary educational institution."

(e)  Provides that Section 1.001(a) does not limit the application of this section to postsecondary educational institutions supported in whole or in part by state tax funds.

SECTION 2.  Effective date: September 1, 2005.