Sec. 61.304. REQUISITE AUTHORITY TO GRANT DEGREES AND OFFER COURSES; OFFENSES. (a) A person may not grant or award a degree or offer to grant or award a degree on behalf of a private postsecondary educational institution unless the institution has been issued a certificate of authority to grant the degree by the board in accordance with the provisions of this subchapter.
(b) A person may not represent that credits earned or granted by that person or institution are applicable for credit toward a degree to be granted by some other person or institution except under conditions and in a manner specified and approved by the board.
(c) The board is empowered to specify and regulate the manner, condition, and language used by an institution or person or agents thereof in making known that the person or institution holds a certificate of authority and the interpretation of the significance of such certificate.
(d) A person commits an offense if the person:
(1) grants or awards a degree or offers to grant or award a degree in violation of this section;
(2) represents in violation of this section that a credit earned or granted by the person can be applied toward a degree offered by another person;
(3) grants or offers to grant a credit for which a representation is made as described by Subdivision (2); or
(4) solicits another person to seek a degree or to earn a credit the actor knows is offered in violation of this section.
(e) An offense under Subsection (d) is a Class A misdemeanor.
(f) In addition to any other venue authorized by law, venue for the prosecution of an offense under Subsection (d) is in the county in which an element of the offense occurs or in Travis County.
Added by Acts 1975, 64th Leg., p. 1867, ch. 587, Sec. 1, eff. June 19, 1975. Amended by Acts 1985, 69th Leg., ch. 76, Sec. 3, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 516, Sec. 7, eff. Sept. 1, 1993.
Amended by:
Acts 2005, 79th Leg., Ch. 1039 (H.B. 1173), Sec. 3, eff. September 1, 2005.
Structure Texas Statutes
Subtitle B - State Coordination of Higher Education
Chapter 61 - Texas Higher Education Coordinating Board
Subchapter G. Regulation of Private Postsecondary Educational Institutions
Section 61.3021. Review of Degree Not Otherwise Regulated by Subchapter
Section 61.3025. Definition: Academic Records
Section 61.304. Requisite Authority to Grant Degrees and Offer Courses; Offenses
Section 61.305. Application for Certificate of Authority
Section 61.306. Issuance of Certificate
Section 61.307. Amendments to Applications
Section 61.3075. Required Financial Resources
Section 61.308. Renewal of Certificate
Section 61.309. Revocation of Certificate of Authority
Section 61.311. Rules and Regulations
Section 61.312. Honorary Degrees; Offenses
Section 61.313. Use of Protected Term in Name of Institution; Offenses
Section 61.314. Advisory Council on Private Postsecondary Educational Institutions
Section 61.315. Agents and Records; Academic Records Repository
Section 61.316. Administrative Penalties
Section 61.320. Application of Deceptive Trade Practices Act