1. (a) A person or institution may not:

   1. (1) Grant, award, or offer to award a degree on behalf of a nonexempt institution unless the institution has been issued a certificate of authority, including an alternative certificate of authority, to grant the degree by the Board;
   2. (2) 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 under §7.7 of this title (relating to Certificate of Authority--Eligibility, Applications, Renewals, and Amendments) or §7.24 of this title (relating to Administrative Procedures Relating to Alternative Certification of Nonexempt Institutions), and approved by the Board, or represent that credits earned or granted are collegiate in nature, including describing them as "college-level," or at the level of any protected academic term;
   3. (3) Award or offer to award an honorary degree on behalf of a private postsecondary educational institution subject to the provisions of the subchapter, unless the institution has been awarded a certificate of authority to award such a degree, or solicits another person to seek or accept an honorary degree and, further, unless the degree shall plainly state on its face that it is honorary;
   4. (4) Use a protected term in the official name or title of a nonexempt private postsecondary educational institution or describe an institution using any of these terms or a term having a similar meaning, except as authorized by the Board, or solicit another person to seek a degree or to earn a credit that is offered by an institution or establishment that is using a term in violation of this section;
   5. (5) Use a protected term in the official name or title of an educational or training establishment or describe an institution using any of these terms or a term having a similar meaning, or solicit another person to seek a degree or to earn a credit that is offered by an institution or establishment that is using a term in violation of this section;
   6. (6) Act as an agent who solicits students for enrollment in a private postsecondary educational institution subject to the provisions of the subchapter without a certificate of registration, if required by this title.

   7. (7) Use or claim to hold a degree that the person knows is a fraudulent or substandard degree or is a fictitious degree:

      1. (A) in a written or oral advertisement or other promotion of a business; or

      2. (B) with the intent to:

         1. (i) obtain employment;
         2. (ii) obtain a license or certificate to practice a trade, profession, or occupation;
         3. (iii) obtain a promotion, a compensation or other benefit, or an increase in compensation or other benefit, in employment or in the practice of a trade, profession, or occupation;
         4. (iv) obtain admission to an educational program in this state; or
         5. (v) gain a position in government with authority over another person, regardless of whether the actor receives compensation for the position.
2. (b) Institutions Located on Federal Land in Texas. An institution that is operating on land in Texas over which the federal government has exclusive jurisdiction shall limit the recruitment of students and advertising of the institution or its programs or courses to the confines of the federal land and to the military or civilian employees and their dependents who work or live on that land. The institution shall not enlist any agent, representative, or institution to recruit or to advertise by any medium, the institution or its programs or courses except on the federal land.
3. (c) A violation of this subsection may constitute a violation of the Texas Penal Code, §32.52. An offense under subsection (a)(1) - (6) of this section may be a Class A misdemeanor and an offense under subsection (a)(7) of this section may be a Class B misdemeanor.

Source Note:The provisions of this §7.15 adopted to be effective February 24, 2008, 33 TexReg 1526.