1-1 By: Brown S.B. No. 954
1-2 (In the Senate - Filed March 11, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Education; April 15, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 8, Nays 0; April 15, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Ratliff x
1-9 Haley x
1-10 Barrientos x
1-11 Bivins x
1-12 Harris of Tarrant x
1-13 Luna x
1-14 Montford x
1-15 Shapiro x
1-16 Sibley x
1-17 Turner x
1-18 Zaffirini x
1-19 COMMITTEE SUBSTITUTE FOR S.B. No. 954 By: Zaffirini
1-20 A BILL TO BE ENTITLED
1-21 AN ACT
1-22 relating to operation of court reporter proprietary schools and
1-23 programs.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Section 32.33, Education Code, is amended to read
1-26 as follows:
1-27 Sec. 32.33. Criteria. The administrator may approve the
1-28 application of such proprietary school when the school is found,
1-29 upon investigation at the premises of the school, to have met the
1-30 following criteria:
1-31 (a) The courses, curriculum, and instruction are of
1-32 such quality, content, and length as may reasonably and adequately
1-33 achieve the stated objective for which the courses, curriculum or
1-34 instruction are offered. Before a school conducts a course of
1-35 instruction in court reporting, the school must produce evidence
1-36 that the school has obtained approval for the curriculum from the
1-37 Court Reporters Certification Board.
1-38 (b) There is in the school adequate space, equipment,
1-39 instructional material and instructor personnel to provide training
1-40 of good quality.
1-41 (c) Educational and experience qualifications of
1-42 directors, administrators and instructors are adequate.
1-43 (d) The school maintains a written record of the
1-44 previous education and training of the applicant student and
1-45 clearly indicates that appropriate credit has been given by the
1-46 school for previous education and training, with the new training
1-47 period shortened where warranted through use of appropriate skills
1-48 or achievement tests and the student so notified.
1-49 (e) A copy of the course outline; schedule of tuition,
1-50 fees, refund policy, and other charges; regulations pertaining to
1-51 absence, grading policy, and rules of operation and conduct;
1-52 regulations pertaining to incomplete grades; the name, mailing
1-53 address, and telephone number of the Central Education Agency for
1-54 the purpose of directing complaints to the agency; the current
1-55 rates of job placement and employment of students issued a
1-56 certificate of completion; and notification of the availability of
1-57 the cost comparison information prepared under Section 32.21(b) of
1-58 this code through the Central Education Agency will be furnished
1-59 the student prior to enrollment.
1-60 (f) Except as provided by Section 32.40 of this code,
1-61 on completion of training, the student is given a certificate by
1-62 the school indicating the course and that training was
1-63 satisfactorily completed.
1-64 (g) Adequate records as prescribed by the
1-65 administrator are kept to show attendance and progress or grades,
1-66 and satisfactory standards relating to attendance, progress and
1-67 conduct are enforced.
1-68 (h) The school complies with all local, city, county,
2-1 municipal, state and federal regulations, such as fire, building
2-2 and sanitation codes. The administrator may require such evidence
2-3 of compliance as is deemed necessary.
2-4 (i) The school is financially sound and capable of
2-5 fulfilling its commitments for training.
2-6 (j) The school's administrators, directors, owners,
2-7 and instructors are of good reputation and character.
2-8 (k) The school has, maintains and publishes in its
2-9 catalogue and enrollment contract, the proper policy for the refund
2-10 of the unused portion of tuition, fees and other charges in the
2-11 event the student enrolled by the school fails to take the course
2-12 or withdraws or is discontinued therefrom at any time prior to
2-13 completion.
2-14 (l) The school does not utilize erroneous or
2-15 misleading advertising, either by actual statement, omission, or
2-16 intimation as determined by the State Board of Education.
2-17 (m) Such additional criteria as may be required by the
2-18 State Board of Education.
2-19 (n) The school does not use a name like or similar to
2-20 an existing tax supported school in the same area.
2-21 (o) The school furnishes to the Central Education
2-22 Agency the current rates of students who receive a certificate of
2-23 completion and of job placement and employment of students issued a
2-24 certificate of completion.
2-25 (p) The school furnishes to the Central Education
2-26 Agency for approval or disapproval student admission requirements
2-27 for each course or program offered by the school.
2-28 (q) The school furnishes to the Central Education
2-29 Agency for approval or disapproval the course hour lengths and
2-30 curriculum content for each course offered by the school.
2-31 (r) The school does not owe a civil penalty under
2-32 Section 32.611 of this code.
2-33 SECTION 2. Subchapter C, Chapter 61, Education Code, is
2-34 amended by adding Section 61.0513 to read as follows:
2-35 Sec. 61.0513. COURT REPORTER PROGRAMS. The board may not
2-36 certify a court reporter program under Section 61.051(f) of this
2-37 code unless the program has received approval from the Court
2-38 Reporters Certification Board.
2-39 SECTION 3. Subsection (b), Section 52.013, Government Code,
2-40 is amended to read as follows:
2-41 (b) The board may:
2-42 (1) appoint any necessary or proper subcommittee;
2-43 (2) hire necessary employees; <and>
2-44 (3) pay all reasonable expenses from available funds;
2-45 (4) approve curriculum for court reporter proprietary
2-46 schools as provided by Section 32.33, Education Code; and
2-47 (5) approve court reporter programs in technical
2-48 institutes and public community colleges for purposes of
2-49 certification under Section 61.051, Education Code.
2-50 SECTION 4. This Act takes effect September 1, 1993, and
2-51 applies only to certificates of approval issued or renewed under
2-52 Chapter 32 or 61, Education Code, on or after that date. A
2-53 certificate of approval issued or renewed before the effective date
2-54 of this Act is covered by the law in effect when the certificate
2-55 was issued or renewed, and that law is continued in effect for that
2-56 purpose.
2-57 SECTION 5. The importance of this legislation and the
2-58 crowded condition of the calendars in both houses create an
2-59 emergency and an imperative public necessity that the
2-60 constitutional rule requiring bills to be read on three several
2-61 days in each house be suspended, and this rule is hereby suspended.
2-62 * * * * *
2-63 Austin,
2-64 Texas
2-65 April 15, 1993
2-66 Hon. Bob Bullock
2-67 President of the Senate
2-68 Sir:
2-69 We, your Committee on Education to which was referred S.B. No. 954,
2-70 have had the same under consideration, and I am instructed to
3-1 report it back to the Senate with the recommendation that it do not
3-2 pass, but that the Committee Substitute adopted in lieu thereof do
3-3 pass and be printed.
3-4 Ratliff,
3-5 Chairman
3-6 * * * * *
3-7 WITNESSES
3-8 FOR AGAINST ON
3-9 ___________________________________________________________________
3-10 Name: Ken Howard x
3-11 Representing: Court Reporters Certif. Board
3-12 City: San Antonio
3-13 -------------------------------------------------------------------
3-14 Name: Larry Folwell x
3-15 Representing: Stenograph Institute of Texas
3-16 City: Abilene
3-17 -------------------------------------------------------------------
3-18 Name: Glyn E. Poage x
3-19 Representing: S.A./Austin Ct. Reporting Inst
3-20 City: San Antonio
3-21 -------------------------------------------------------------------
3-22 Name: Marilyn S. Poage x
3-23 Representing: S.A./Austin Ct. Reporting Inst
3-24 City: San Antonio
3-25 -------------------------------------------------------------------
3-26 Name: Jaye Thompson x
3-27 Representing: Tx. Court Reporting Assoc.
3-28 City: Austin
3-29 -------------------------------------------------------------------