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.