By Yarbrough H.B. No. 2200
74R7274 MRB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the exemption of certain training programs for plumbers
1-3 from the regulations applicable to proprietary schools.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 32.12(a), Education Code, is amended to
1-6 read as follows:
1-7 (a) The following schools or educational institutions are
1-8 specifically exempt from the provisions of this chapter and are not
1-9 within the definition of "proprietary school":
1-10 (1) a school or educational institution supported by
1-11 taxation from either a local or State source;
1-12 (2) nonprofit schools owned, controlled, operated, and
1-13 conducted by bona fide religious, denominational, eleemosynary, or
1-14 similar public institutions exempt from property taxation under the
1-15 laws of this State, but such schools may choose to apply for a
1-16 certificate of approval hereunder, and upon approval and issuance,
1-17 shall be subject to the provisions of this chapter as determined by
1-18 the administrator;
1-19 (3) a school or training program which offers
1-20 instruction of purely avocational or recreational subjects as
1-21 determined by the administrator;
1-22 (4) a course or courses of instruction or study
1-23 sponsored by an employer for the training and preparation of its
1-24 own employees, and for which no tuition fee is charged to the
2-1 student;
2-2 (5) a course or courses of study or instruction
2-3 sponsored by a recognized trade, business, or professional
2-4 organization for the instruction of the members of the organization
2-5 with a closed membership;
2-6 (6) private colleges or universities which award a
2-7 recognized baccalaureate, or higher degree, and which maintain and
2-8 operate educational programs for which a majority of the credits
2-9 given are transferable to a college, junior college, or university
2-10 supported entirely or partly by taxation from either a local or
2-11 State source;
2-12 (7) a school or course which is otherwise regulated
2-13 and approved under and pursuant to any other law or rulemaking
2-14 process of the State or approved for continuing education credit by
2-15 an organization that accredits courses for the maintenance of a
2-16 license, except as provided by Subsection (c) of this section;
2-17 (8) aviation schools or instructors approved by and
2-18 under the supervision of the Federal Aviation Administration;
2-19 (9) a school which offers intensive review courses
2-20 designed to prepare students for certified public accountancy
2-21 tests, public accountancy tests, law school aptitude tests, bar
2-22 examinations, or medical college admissions tests;
2-23 (10) a private school offering primary or secondary
2-24 education, which may include kindergarten or prekindergarten
2-25 program, and which satisfies the compulsory attendance requirements
2-26 of Section 21.032 of this code pursuant to Section 21.033(a)(1) of
2-27 this code; and
3-1 (11) a course or courses of instruction by bona fide:
3-2 (A) electrical trade associations for the
3-3 purpose of preparing students for electrical tests required for
3-4 licensing and for the purpose of providing continuing education to
3-5 students for the renewal of electrical licenses; and
3-6 (B) plumbing trade associations for the purpose
3-7 of preparing students for plumbing tests and programs required for
3-8 licensing, certification, or endorsement and for the purpose of
3-9 providing continuing education programs approved by the Texas State
3-10 Board of Plumbing Examiners.
3-11 SECTION 2. The change in law made by this Act applies only
3-12 to a course of instruction that begins on or after the effective
3-13 date of this Act. A course of instruction that begins before the
3-14 effective date of this Act is governed by the law as it existed
3-15 before that date, and the former law is continued in effect for
3-16 this purpose.
3-17 SECTION 3. This Act takes effect September 1, 1995.
3-18 SECTION 4. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended.