By Carona H.B. No. 798
74R1143 PB-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 nonprofit associations that conduct training programs
1-4 regarding air conditioning and refrigeration contracting.
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 or course which is otherwise regulated
2-14 and approved under and pursuant to any other law or rulemaking
2-15 process of the State or approved for continuing education credit by
2-16 an organization that accredits courses for the maintenance of a
2-17 license, except as provided by Subsection (c) of this section;
2-18 (8) aviation schools or instructors approved by and
2-19 under the supervision of the Federal Aviation Administration;
2-20 (9) a school which offers intensive review courses
2-21 designed to prepare students for certified public accountancy
2-22 tests, public accountancy tests, law school aptitude tests, bar
2-23 examinations, or medical college admissions tests;
2-24 (10) a private school offering primary or secondary
2-25 education, which may include kindergarten or prekindergarten
2-26 program, and which satisfies the compulsory attendance requirements
2-27 of Section 21.032 of this code pursuant to Section 21.033(a)(1) of
3-1 this code; <and>
3-2 (11) a course or courses of instruction by bona fide
3-3 electrical trade associations for the purpose of preparing students
3-4 for electrical tests required for licensing and for the purpose of
3-5 providing continuing education to students for the renewal of
3-6 electrical licenses; and
3-7 (12) a course or training program conducted by a
3-8 nonprofit association of air conditioning and refrigeration
3-9 contractors to provide instruction for technical, business, or
3-10 license examination preparation programs relating to air
3-11 conditioning and refrigeration contracting, as that term is defined
3-12 by the Air Conditioning and Refrigeration Contractor License Law
3-13 (Article 8861, Vernon's Texas Civil Statutes).
3-14 SECTION 2. This Act takes effect September 1, 1995, and
3-15 applies only to a course or training program conducted by a
3-16 nonprofit association of air conditioning and refrigeration
3-17 contractors that is offered on or after that date. A course or
3-18 training program offered before that date is governed by the law in
3-19 effect on the date that the course or program is offered, and the
3-20 former law is continued in effect for that purpose.
3-21 SECTION 3. The importance of this legislation and the
3-22 crowded condition of the calendars in both houses create an
3-23 emergency and an imperative public necessity that the
3-24 constitutional rule requiring bills to be read on three several
3-25 days in each house be suspended, and this rule is hereby suspended.