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.