82R12380 CBE-D
By: Branch H.J.R. No. 130
A JOINT RESOLUTION
meeting requirements of the United States Department of Education
concerning federal student aid by naming private institutions of
higher education in the State of Texas that are authorized to
operate educational programs beyond secondary education, including
programs leading to a degree or certificate.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
WHEREAS, On October 29, 2010, the United States Department of
Education released Final Regulations on Program Integrity Issues in
an effort to strengthen federal student aid programs at
postsecondary institutions; one provision seeks to clarify the
minimum a state must do to authorize a postsecondary institution so
that the institution is able to participate in federal student aid
and other federal funding programs; and
WHEREAS, Specifically, 34 C.F.R. Section 600.9 was amended to
require that postsecondary institutions be "established by name as
an educational institution by a State through a charter, statute,
constitutional provision, or other action" and that they be
"authorized to operate educational programs beyond secondary
education, including programs leading to a degree or certificate";
and
WHEREAS, Section 61.003, Texas Education Code, cites state
universities by name and Section 61.063, Texas Education Code,
establishes a process for naming public community colleges, but
state law regards private institutions of higher education
differently; and
WHEREAS, Rather than naming them, Section 61.003, Texas
Education Code, defines "private or independent institutions of
higher education" as those institutions organized under the Texas
Non-Profit Corporation Act, now part of the Texas Business
Organizations Code, that are exempt from taxation under Article
VIII, Section 2, Texas Constitution, and Section 501(c)(3),
Internal Revenue Code of 1986, and that are accredited by the
Commission on Colleges of the Southern Association of Colleges and
Schools, the Liaison Committee on Medical Education, or the
American Bar Association; and
WHEREAS, Such institutions are exempt from Section 61.301,
Texas Education Code, which provides for the "regulation of private
postsecondary educational institutions," because they are
accredited by an accrediting agency recognized by the Texas Higher
Education Coordinating Board; and
WHEREAS, The state is home to many institutions covered by
Section 61.003, Texas Education Code, some of which have educated
students since the mid-1800s, and all of which have been in
operation for at least 20 years; each is eligible to participate in
one or more state-funded student financial aid programs subject to
audit by the Texas Higher Education Coordinating Board, and those
that participate in such programs provide student enrollment and
graduation data to the coordinating board for accountability
purposes; moreover, consumer complaints about the institutions can
be made to the Office of the Attorney General, consumer protection
division, and complaints concerning financial impropriety and
ethical misconduct can be made to the Office of the Attorney
General, charitable trust division; and
WHEREAS, The state's private postsecondary educational
institutions include: Abilene Christian University, Amberton
University, Austin College, Baylor University, Baylor College of
Medicine, the College of St. Thomas More, Concordia University
Texas, Dallas Baptist University, East Texas Baptist University,
Hardin-Simmons University, Houston Baptist University, Howard
Payne University, Huston-Tillotson University, Jacksonville
College, Jarvis Christian College, Le Tourneau University, Lon
Morris College, Lubbock Christian University, McMurry University,
Our Lady of the Lake University, Parker College of Chiropractic,
Paul Quinn College, Rice University, St. Edward's University, St.
Mary's University, Schreiner University, Southern Methodist
University, South Texas College of Law, Southwestern University,
Southwestern Adventist University, Southwestern Assemblies of God
University, Southwestern Christian College, Texas Chiropractic
College, Texas Christian University, Texas College, Texas Lutheran
University, Texas Wesleyan University, Trinity University,
University of Dallas, University of the Incarnate Word, University
of Mary Hardin-Baylor, University of St. Thomas, Wayland Baptist
University, and Wiley College; now, therefore, be it
RESOLVED, That the 82nd Legislature of the State of Texas
hereby notify the United States Department of Education that the
aforementioned colleges and universities are authorized in the
State of Texas to operate educational programs beyond secondary
education, including programs leading to a degree or certificate,
and that therefore the State of Texas has met the conditions of 34
C.F.R. Section 600.9; and, be it further
RESOLVED, That the Texas secretary of state forward official
copies of this resolution to the secretary of education, to the
president of each college and university named, to the president of
the Senate and the speaker of the House of Representatives of the
United States Congress, and to all the members of the Texas
delegation to Congress with the request that this resolution be
entered in the Congressional Record as a memorial to the Congress of
the United States of America.