Texas § ED.61.313 - USE OF PROTECTED TERM IN NAME OF INSTITUTION

§ ED.61.313. USE OF PROTECTED TERM IN NAME OF INSTITUTION

USE OF PROTECTED TERM IN NAME OF INSTITUTION; OFFENSES. (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. (b) An institution not exempt from this subchapter that has not been issued a certificate of authority, but is otherwise legally operating, and that has in its official name or title a term protected under Subsection (a) shall remove the protected term from the name or title not later than September 1, 1999. (c) 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. (d) This section does not apply to an institution of higher education or a private institution of higher education as defined by Section 61.003 . (e) This section does not apply to a person who on September 1, 1997, used the term "college" or "university" in the official name or title of a private postsecondary educational institution that was established before September 1, 1975. A person covered by this subsection is not required to remove the term "college" or "university" from the name or title of the institution established before September 1, 1975. (f) A person covered by Subsection (e) may use the term "college" in the official name or title of another private postsecondary educational institution in this state if: (1) the person's business name on September 1, 1995, included the term "college"; and (2) the other institution offers the same or similar educational programs and is located in the same county as the institution established before September 1, 1975. (g) A person covered by Subsection (e) may use the term "college" in the official name or title of another private postsecondary educational institution in this state if: (1) the person operated at least four private postsecondary educational institutions in this state on September 1, 1985, for which the person was permitted to use the term "college" in the official name or title; and (2) the other institution offers the same or similar educational programs as the institutions described by Subdivision (1) and has enrolled students in educational programs continuously since before September 1, 1995. (h) A person commits an offense if the person: (1) uses a term in violation of this section; or (2) solicits another person to seek a degree or to earn a credit the actor knows is offered by an institution or establishment that is using a term in violation of this section. (i) An offense under Subsection (h) is a Class A misdemeanor. (j) In addition to any other venue authorized by law, venue for the prosecution of an offense under Subsection (h) 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. 5, eff. Sept. 1, 1985; Acts 1993, 73rd Leg., ch. 516, Sec. 11, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 232, Sec. 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 284, Sec. 1, eff. May 29, 1999; Acts 2003, 78th Leg., ch. 820, Sec. 22, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 1039 (H.B. 1173 ), Sec. 5, eff. September 1, 2005. Acts 2005, 79th Leg., Ch. 1039 (H.B. 1173 ), Sec. 6, eff. September 1, 2005.