BILL ANALYSIS H.B. 798 By: Carona 4-11-95 Committee Report (Unamended) BACKGROUND The Texas Proprietary School Act, Chapter 32, Education Code, provides for the regulation of proprietary schools in Texas by the Central Education Agency. The Act provides numerous exemptions from the definition of "proprietary school," including various exemptions for trade associations who conduct classes for the benefit of their members. However, there has been confusion as to the status under the Texas Proprietary School Act of nonprofit contractor associations to the air conditioning and refrigeration industry that conduct training programs to educate their membership in technical, business, and license examination preparation classes. PURPOSE H.B. 798 would specifically exempt from regulation as a proprietary school a course or training program conducted by a nonprofit association of air conditioning and refrigeration contractors to provide instruction for technical, business, or license examination preparation programs relating to air conditioning and refrigeration contracting. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 32.12(a), Education Code, (a)(12) Exempts from the definition of "proprietary school" a course or training program conducted by a nonprofit association of air conditioning and refrigeration contractors to provide instruction for technical, business, or license examination preparation programs relating to air conditioning and refrigeration contracting, as the term is defined by the Air Conditioning and Refrigeration Contractor License Law (Article 8861, V.T.C.S.). SECTION 2. Effective date: September 1, 1995. Applicable only to course or training program offered on or after effective date. SECTION 3. Emergency clause. SUMMARY OF COMMITTEE ACTION HB 798 was heard in a Public Hearing on March 29, 1995. The Chair recognized the following persons to testify in favor of the bill: Mr. Jerry D. Webb, Jr., Tx. Air Conditioning Contractors Assn.; Mr. Fred E. Kahn, TACCA; HB 798 was left pending in committee. HB 798 was heard in a Public Hearing on April 11, 1995. The Chair called up HB 798 which was pending in committee. There was no objection. Rep. Yarbrough moved that the full committee adopt HB 798, and that it be reported favorably to the full House with the recommendation that it do pass and be printed. The motion prevailed by the following vote: AYES: 6, NAYS: 0, ABSENT: 3.