80R4977 KSD-F

By: Eissler H.B. No. 1337

A BILL TO BE ENTITLED

AN ACT

relating to the use of the term "seminary" 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" in the official name or title of an educational or training establishment.

(c-1) A person may use the term "seminary" 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" IN NAME OF INSTITUTION. (a) A person may use the term "seminary" 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" 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" 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 a copy of the institution's current course catalog.

(d) An institution that uses the term "seminary" in its official name or title under Subsection (b) and that does not qualify to use the term under Subsection (a)(1) or (2) 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, P.O. Box 12788, Austin, Texas 78711, or telephone [phone]." 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" 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 unless the institution is accredited to grant such a degree by a recognized accrediting agency or holds a certificate of authority to grant such a degree.

(f) Not later than September 1 of each even-numbered year, an institution that uses the term "seminary" in its official name or title under Subsection (b) and that is not authorized to use the term under Subsection (a)(1) or (2) 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" 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 the initial rules for that purpose 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, 2007.