By:  Gallego, Pete                                    H.B. No. 1917
       73R3690 RJA-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to operation of a court reporter proprietary school.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 32.33, Education Code, is amended to read
    1-5  as follows:
    1-6        Sec. 32.33.  Criteria.  The administrator may approve the
    1-7  application of such proprietary school when the school is found,
    1-8  upon investigation at the premises of the school, to have met the
    1-9  following criteria:
   1-10              (a)  The courses, curriculum, and instruction are of
   1-11  such quality, content, and length as may reasonably and adequately
   1-12  achieve the stated objective for which the courses, curriculum or
   1-13  instruction are offered.  For a school conducting a course of
   1-14  instruction in court reporting, the school produces evidence that
   1-15  the school has obtained approval for the curriculum from the Court
   1-16  Reporters Certification Board.
   1-17              (b)  There is in the school adequate space, equipment,
   1-18  instructional material and instructor personnel to provide training
   1-19  of good quality.
   1-20              (c)  Educational and experience qualifications of
   1-21  directors, administrators and instructors are adequate.
   1-22              (d)  The school maintains a written record of the
   1-23  previous education and training of the applicant student and
   1-24  clearly indicates that appropriate credit has been given by the
    2-1  school for previous education and training, with the new training
    2-2  period shortened where warranted through use of appropriate skills
    2-3  or achievement tests and the student so notified.
    2-4              (e)  A copy of the course outline; schedule of tuition,
    2-5  fees, refund policy, and other charges; regulations pertaining to
    2-6  absence, grading policy, and rules of operation and conduct;
    2-7  regulations pertaining to incomplete grades; the name, mailing
    2-8  address, and telephone number of the Central Education Agency for
    2-9  the purpose of directing complaints to the agency; the current
   2-10  rates of job placement and employment of students issued a
   2-11  certificate of completion; and notification of the availability of
   2-12  the cost comparison information prepared under Section 32.21(b) of
   2-13  this code through the Central Education Agency will be furnished
   2-14  the student prior to enrollment.
   2-15              (f)  Except as provided by Section 32.40 of this code,
   2-16  on completion of training, the student is given a certificate by
   2-17  the school indicating the course and that training was
   2-18  satisfactorily completed.
   2-19              (g)  Adequate records as prescribed by the
   2-20  administrator are kept to show attendance and progress or grades,
   2-21  and satisfactory standards relating to attendance, progress and
   2-22  conduct are enforced.
   2-23              (h)  The school complies with all local, city, county,
   2-24  municipal, state and federal regulations, such as fire, building
   2-25  and sanitation codes.  The administrator may require such evidence
   2-26  of compliance as is deemed necessary.
   2-27              (i)  The school is financially sound and capable of
    3-1  fulfilling its commitments for training.
    3-2              (j)  The school's administrators, directors, owners,
    3-3  and instructors are of good reputation and character.
    3-4              (k)  The school has, maintains and publishes in its
    3-5  catalogue and enrollment contract, the proper policy for the refund
    3-6  of the unused portion of tuition, fees and other charges in the
    3-7  event the student enrolled by the school fails to take the course
    3-8  or withdraws or is discontinued therefrom at any time prior to
    3-9  completion.
   3-10              (l)  The school does not utilize erroneous or
   3-11  misleading advertising, either by actual statement, omission, or
   3-12  intimation as determined by the State Board of Education.
   3-13              (m)  Such additional criteria as may be required by the
   3-14  State Board of Education.
   3-15              (n)  The school does not use a name like or similar to
   3-16  an existing tax supported school in the same area.
   3-17              (o)  The school furnishes to the Central Education
   3-18  Agency the current rates of students who receive a certificate of
   3-19  completion and of job placement and employment of students issued a
   3-20  certificate of completion.
   3-21              (p)  The school furnishes to the Central Education
   3-22  Agency for approval or disapproval student admission requirements
   3-23  for each course or program offered by the school.
   3-24              (q)  The school furnishes to the Central Education
   3-25  Agency for approval or disapproval the course hour lengths and
   3-26  curriculum content for each course offered by the school.
   3-27              (r)  The school does not owe a civil penalty under
    4-1  Section 32.611 of this code.
    4-2        SECTION 2.  Section 52.013(b), Government Code, is amended to
    4-3  read as follows:
    4-4        (b)  The board may:
    4-5              (1)  appoint any necessary or proper subcommittee;
    4-6              (2)  hire necessary employees; <and>
    4-7              (3)  pay all reasonable expenses from available funds;
    4-8  and
    4-9              (4)  approve curriculum for court reporter proprietary
   4-10  schools as provided by Section 32.33, Education Code.
   4-11        SECTION 3.  This Act takes effect September 1, 1993, and
   4-12  applies only to certificates of approval issued or renewed under
   4-13  Chapter 32, Education Code, on or after that date.  A certificate
   4-14  of approval issued or renewed before the effective date of this Act
   4-15  is covered by the law in effect when the certificate was issued or
   4-16  renewed, and that law is continued in effect for that purpose.
   4-17        SECTION 4.  The importance of this legislation and the
   4-18  crowded condition of the calendars in both houses create an
   4-19  emergency and an imperative public necessity that the
   4-20  constitutional rule requiring bills to be read on three several
   4-21  days in each house be suspended, and this rule is hereby suspended.