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79R467 KSD-D
By: Eissler H.B. No. 29
A BILL TO BE ENTITLED
AN ACT
relating to the use of the term "seminary" or "school of theology"
in the official name or title of a private postsecondary
educational institution.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 61.313, Education Code, is amended by
amending Subsections (a) and (c) and adding Subsection (c-1) to
read as follows:
(a) Unless the institution has been issued a certificate of
authority under this subchapter, a person may not:
(1) use the term "college," "university,"
["seminary,"] "school of medicine," "medical school," "health
science center," "school of law," "law school," or "law center" in
the official name or title of a nonexempt private postsecondary
educational institution; or
(2) describe an institution using a term listed in
Subdivision (1) or a term having a similar meaning.
(c) Except as provided by Subsection (c-1), a [A] person may
not use the term "college," "university," "seminary," "school of
medicine," "medical school," "health science center," "school of
law," "law school," [or] "law center," or "school of theology" in
the official name or title of an educational or training
establishment.
(c-1) A person may use the term "seminary" or "school of
theology" in the official name or title of an institution only if
the institution satisfies the requirements for the use of the term
prescribed by Section 61.3131.
SECTION 2. Subchapter G, Chapter 61, Education Code, is
amended by adding Section 61.3131 to read as follows:
Sec. 61.3131. USE OF TERM "SEMINARY" OR "SCHOOL OF
THEOLOGY" IN NAME OF INSTITUTION. (a) A person may use the term
"seminary" or "school of theology" in the official name or title of
an institution only if the institution:
(1) is fully accredited by a recognized accrediting
agency;
(2) has been issued a certificate of authority to
grant degrees under this subchapter; or
(3) satisfies the requirements prescribed by
Subsection (b).
(b) A person may use the term "seminary" or "school of
theology" in the official name or title of an institution if the
institution:
(1) is organized as or operated by a nonprofit
corporation under the Texas Non-Profit Corporation Act (Article
1396-1.01 et seq., Vernon's Texas Civil Statutes);
(2) is operated in conjunction with an organization,
or an association of organizations, domiciled in this state whose
primary purpose is to maintain and operate a church, synagogue,
temple, mosque, or other place of worship;
(3) is under the direction of a board of directors or
trustees;
(4) offers educational programs solely for the purpose
of ministerial and religious training;
(5) includes in the institution's course catalog a
statement describing the religious training purpose or purposes of
the institution;
(6) ensures that each course has a religious purpose
that is described in the institution's course catalog; and
(7) ensures that the course titles, curriculum
content, and objectives of the institution's educational programs
reflect a strictly religious purpose.
(c) The chief academic officer of an institution that seeks
to use the term "seminary" or "school of theology" in the official
name or title of the institution under Subsection (b) shall:
(1) notify the board of the institution's intent to use
the term; and
(2) provide to the board in the manner prescribed by
the board:
(A) a copy of the institution's current course
catalog and any other official publication that describes the
purpose of the institution and its programs; and
(B) any other information required by the board
to assist the board in verifying the institution's compliance with
the eligibility requirements prescribed by Subsection (b).
(d) An institution that uses the term "seminary" or "school
of theology" in its official name or title under Subsection (b)
shall place the following statement in a prominent position on the
front page of any general bulletin, course catalog, schedule of the
institution, or website and on any advertisement for the
institution: "The (insert name of institution) is not accredited
by an accrediting agency recognized by the Texas Higher Education
Coordinating Board and has not received from the Texas Higher
Education Coordinating Board a certificate of authority to confer
or offer to confer a degree or credits toward a degree. If you have
questions relating to the state law applying to the institution,
you may contact the Texas Higher Education Coordinating Board,
Universities and Health-Related Institutions Division, P.O. Box
12788, Austin, Texas 78711, or telephone (512) 427-6200." The
board by rule may provide for the statement to provide a different
address or telephone number as appropriate.
(e) An institution that is authorized by this section to use
the term "seminary" or "school of theology" in its official name or
title may confer or offer to confer degrees or credits toward
degrees for a "Master of Divinity," "Doctor of Ministry," or
"Master of Ministry." The board may approve other degrees named or
designated with distinctively religious terms in order to permit
the institution to describe its programs in terms that are
appropriate to its faith. To prevent fraud or deception, a degree
may not be named or designated in a way that implies preparation or
qualification for any occupational license issued by the state or
any political subdivision of the state.
(f) Not later than September 1 of each even-numbered year,
an institution that uses the term "seminary" or "school of
theology" in its official name or title under Subsection (b) shall
submit a report to the board in the form prescribed by the board
regarding the institution's continued compliance with the
requirements prescribed by Subsection (b).
(g) An institution that uses the term "seminary" or "school
of theology" in its official name or title under this section may
not represent that the institution is accredited unless the
institution is accredited by a recognized accrediting agency.
(h) The board may seek any remedy available for a violation
of this subchapter against an institution using a term under this
section if the institution:
(1) fails to maintain compliance with one or more of
the eligibility requirements prescribed by Subsection (a) or (b);
(2) provides false information to the board; or
(3) makes or sanctions deceptive or misleading
advertisement or other representations.
SECTION 3. The Texas Higher Education Coordinating Board
shall adopt initial rules for the administration of Section
61.3131, Education Code, as added by this Act, as soon as
practicable after the effective date of this Act. The coordinating
board may adopt those initial rules in the manner provided by law
for emergency rules.
SECTION 4. 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, 2005.