Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Texas Education Code - EDUC § 61.313. Use of Protected Term in Name of Institution; Offenses - last updated January 01, 2024 | https://codes.findlaw.com/tx/education-code/educ-sect-61-313/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)