The following words and terms, when used in this subchapter, shall have the following meanings:
  (1) Board--The Texas Higher Education Coordinating Board.
  (2) Commissioner--The Commissioner of Higher Education, the Chief Executive Officer of the Board.
  (3) Certificate of Authority--The Board's approval of postsecondary institutions (other than exempt institutions), with operations in the State of Texas, to confer degrees or courses applicable to degrees, or to solicit students for enrollment in institutions that confer degrees or courses applicable to degrees.
  (4) Exempt Institution--An institution that is accredited by an agency recognized by the Board under §7.6 of this title (relating to Recognition of Accrediting Agencies), or is defined as a "private or independent institution of higher education" under Texas Education Code, §61.003(15), or is a career school or college that applies for and is declared exempt under this chapter, by the Texas Workforce Commission as described in Texas Education Code, §61.303(a), or Texas Education Code, Chapter 132, respectively. Exempt institutions must comply with certain Board rules.
  (5) Postsecondary Educational Institution--An educational institution which:
    (A) is not a public community college, public technical college, public senior college or university, medical or dental unit or other agency as defined in Texas Education Code, §61.003;
    (B) is incorporated under the laws of this state, or maintains a place of business in this state, or has an agent or representative present in this state, or solicits business in this state; and
    (C) furnishes or offers to furnish courses of instruction in person, by electronic media, by correspondence, or by some means or all leading to a degree; provides or offers to provide credits alleged to be applicable to a degree; or represents that credits earned or granted are collegiate in nature, including describing them as "college-level," or at the level of any protected academic term.
  (6) Private Postsecondary Educational Institution--An institution which:
    (A) is not an institution of higher education as defined by Texas Education Code, §61.003;
    (B) is incorporated under the laws of this state, maintains a place of business in this state, has an agent or representative presence in this state, or solicits business in this state; and
    (C) furnishes or offers to furnish courses of instruction in person, by electronic media, or by correspondence leading to a degree or providing credits alleged to be applied to a degree.
  (7) Recognized Accrediting Agency--Any accrediting agency the standards of accreditation or membership for which have been found by the Board to be sufficiently comprehensive and rigorous to qualify its institutional members for an exemption from the operation of Chapter 7 of this title (relating to Degree Granting Colleges and Universities Other Than Texas Public Institutions).
  (8) Site visit report--The report produced by the site review team in accordance with Chapter 7, Subchapter A, §7.8(3)(I) of this title (relating to Institutions Not Accredited by a Board Recognized Accreditor).

Source Note: The provisions of this §1.136 adopted to be effective December 2, 2013, 38 TexReg 8656