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HEB MINISTRIES, INC. v. TEXAS HIGHER EDUC. BD.

No. 03-01-00103-CV.

114 S.W.3d 617 (2003)

HEB MINISTRIES, INC.; Southern Bible Institute; and Hispanic Bible Institute/Texas Higher Education Coordinating Board and Commissioner Don W. Brown, Appellants, v. TEXAS HIGHER EDUCATION COORDINATING BOARD and Commissioner Don W. Brown/HEB Ministries, Inc., Appellees.

Court of Appeals of Texas, Austin.

Rehearing Overruled October 2, 2003.

Attorney(s) appearing for the Case

J. Shelby Sharpe, Sharpe & Tillman, Fort Worth, Raul A. Gonzalez, Locke, Liddell & Sapp, Austin, Kelly J. Shackelford, Wendy H. Hermes, Plano, for HEB Ministries, Inc., Southern Bible Institute and Hispanic Bible Institute.

Rick Thompson, Asst. Solicitor Gen., Austin, for Texas Higher Education Coordinating Board and Commissioner Don W. Brown.

Before Justices KIDD, YEAKEL and PATTERSON.

OPINION

LEE YEAKEL, Justice.

At issue is the constitutionality of two provisions of the Texas Education Code that require all private postsecondary educational institutions operating in Texas to obtain a certificate of authority from the Texas Higher Education Coordinating Board or obtain accreditation from a state-approved agency to (1) grant degrees or their equivalents or (2) name or refer to an educational...

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