By: Haggerty H.B. No. 514 73R738 CAE-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to an exemption from regulation as a proprietary school 1-3 for certain courses offering training in computers or computer 1-4 software. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Section 32.12(a), Education Code, is amended to 1-7 read as follows: 1-8 (a) The following schools or educational institutions are 1-9 specifically exempt from the provisions of this chapter and are not 1-10 within the definition of "proprietary school": 1-11 (1) a school or educational institution supported by 1-12 taxation from either a local or State source; 1-13 (2) nonprofit schools owned, controlled, operated, and 1-14 conducted by bona fide religious, denominational, eleemosynary, or 1-15 similar public institutions exempt from property taxation under the 1-16 laws of this State, but such schools may choose to apply for a 1-17 certificate of approval hereunder, and upon approval and issuance, 1-18 shall be subject to the provisions of this chapter as determined by 1-19 the administrator; 1-20 (3) a school or training program which offers 1-21 instruction of purely avocational or recreational subjects as 1-22 determined by the administrator; 1-23 (4) a course or courses of instruction or study 1-24 sponsored by an employer for the training and preparation of its 2-1 own employees, and for which no tuition fee is charged to the 2-2 student; 2-3 (5) a course or courses of study or instruction 2-4 sponsored by a recognized trade, business, or professional 2-5 organization for the instruction of the members of the organization 2-6 with a closed membership; 2-7 (6) private colleges or universities which award a 2-8 recognized baccalaureate, or higher degree, and which maintain and 2-9 operate educational programs for which a majority of the credits 2-10 given are transferable to a college, junior college, or university 2-11 supported entirely or partly by taxation from either a local or 2-12 State source; 2-13 (7) a school which is otherwise regulated and approved 2-14 under and pursuant to any other law of the State, except as 2-15 provided by Subsection (c) of this section; 2-16 (8) aviation schools or instructors approved by and 2-17 under the supervision of the Federal Aviation Administration; 2-18 (9) a school which offers intensive review courses 2-19 designed to prepare students for certified public accountancy 2-20 tests, public accountancy tests, law school aptitude tests, bar 2-21 examinations, or medical college admissions tests; and 2-22 (10) a course or courses of instruction or study that 2-23 offer training relating solely to the operation or use of a 2-24 computer or computer software. 2-25 SECTION 2. Section 32.11, Education Code, is amended by 2-26 adding Subdivisions (10) and (11) to read as follows: 2-27 (10) "Computer" means an electronic, magnetic, or 3-1 other high-speed data processing device that performs logical, 3-2 arithmetic, or memory functions by the manipulations of electronic 3-3 or magnetic impulses. 3-4 (11) "Computer software" means an ordered set of data 3-5 representing coded instructions or statements that when executed 3-6 by a computer cause the computer to process data or perform 3-7 specific functions. 3-8 SECTION 3. The importance of this legislation and the 3-9 crowded condition of the calendars in both houses create an 3-10 emergency and an imperative public necessity that the 3-11 constitutional rule requiring bills to be read on three several 3-12 days in each house be suspended, and this rule is hereby suspended, 3-13 and that this Act take effect and be in force from and after its 3-14 passage, and it is so enacted.