80R2727 KEL-D

By: Brown of Brazos H.B. No. 3201

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of certain postsecondary degrees and of private educational institutions or other persons offering to confer such degrees, and to the use of those degrees by a person for certain purposes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Section 61.3021, Education Code, is amended to read as follows:

Sec. 61.3021. REVIEW OF DEGREE NOT OTHERWISE REGULATED UNDER [BY] SUBCHAPTER.

SECTION 2. Section 61.3021, Education Code, is amended by amending Subsection (a) and adding Subsection (a-1) to read as follows:

(a) The board by rule shall establish a process for reviewing and making a determination to approve or disapprove [approving] a degree that is conferred by a private educational institution or other person described by Section 61.302(11)(B) or (C), including a degree that is otherwise exempt from regulation under Section 61.303(a)(2), but not including a degree that is exempt from regulation under Section 61.303(a)(1).

(a-1) The review process established under Subsection (a) must include a determination by the board whether the degree is the equivalent of a degree granted by a private postsecondary educational institution or other person in accordance with the institution's or other person's accreditation by a recognized accrediting agency or with the institution's or other person's certificate of authority under this subchapter.

SECTION 3. Section 61.303, Education Code, is amended to read as follows:

Sec. 61.303. EXEMPTIONS. (a) Except as otherwise provided by Section 61.3021, the [The] provisions of this subchapter do not in any way apply to:

(1) a private educational institution or other person that [an institution which] is fully accredited by a recognized accrediting agency;[,] or

(2) a private educational institution or other person, [an institution] or a degree program offered by the institution or other person, including an institution or other person described by Section 61.302(11)(B) or (C) or a degree program offered by that institution or other person, that has received approval by a state agency authorizing the institution's or other person's graduates, or graduates of the degree program, to take a professional or vocational state licensing examination administered by that agency.

(a-1) The granting of permission by a state agency to one or more individual graduates [a graduate] of an institution or other person or of a particular degree program to take a licensing examination does not by itself constitute approval of the institution or other person or of the degree program required for an exemption under Subsection (a)(2) [this subsection].

(b) The exemption [exemptions] provided by Subsection (a)(1) applies [(a) apply] only to the degree level for which an institution or other person is accredited, and if the [an] institution or other person offers to award a degree at a level for which it is not accredited, the exemption does not apply.

(c) An exempt institution or other person may be issued a certificate of authorization to grant degrees.

(d) An exempt institution or other person continues [would continue] in that status only for the period that the institution or other person maintains [so long as it maintained] accreditation by a recognized accrediting agency or otherwise meets [met] the provisions of Subsection (a).

(e) The board shall provide for due process and procedures for revoking the exemption status of an institution or other person.

(f) A private postsecondary educational institution may not establish or operate a branch campus, extension center, or other off-campus unit in Texas except as provided by this subsection or the rules of the board. This subsection does not apply to a private or independent institution of higher education as defined by Section 61.003.

SECTION 4. Section 32.52(a), Penal Code, is amended to read as follows:

(a) In this section, "fraudulent or substandard degree" has the meaning assigned by Section 61.302, Education Code, except that the term does not include a degree awarded for completion of a degree program that has received approval by a state agency authorizing graduates of the degree program to take a professional or vocational state licensing examination administered by that agency.

SECTION 5. The change in law made by this Act applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is covered by the law in effect when the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 6. 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.