By: Jackson S.B. No. 1205
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the exemption of certain courses of instruction from
1-3 proprietary school certification.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter A, Chapter 132, Education Code, is
1-6 amended by adding Section 132.003 to read as follows:
1-7 Sec. 132.003. EXEMPTION: ENHANCED CAREER SKILLS OR
1-8 RECREATIONAL OR AVOCATIONAL COURSES. (a) A course of instruction
1-9 is exempt from this chapter and is not within the definition of
1-10 "proprietary school" if:
1-11 (1) the length of the course is 24 classroom hours or
1-12 less;
1-13 (2) the fee for the course is less than $500;
1-14 (3) the course is designed to teach:
1-15 (A) knowledge or skills to maintain or enhance a
1-16 person's competency or performance in a business, trade, or
1-17 occupation; or
1-18 (B) recreational or avocational subjects;
1-19 (4) no credits or units are awarded on completion of
1-20 the course toward the completion of another course of instruction
1-21 of more than 24 classroom hours;
1-22 (5) the person offering the course makes available to
1-23 registrants a written description of the course content and refund
1-24 policy not later than the 14th day before the date the course
1-25 begins;
2-1 (6) for a course in which the instructor or the
2-2 instructor's qualifications are different from the instructor or
2-3 the instructor's qualifications stated in any advertising,
2-4 publicity, or solicitation for the course, the person offering the
2-5 course:
2-6 (A) offers in writing a refund of the course fee
2-7 to any registrant who, before the date the course begins, notifies
2-8 the person that the registrant elects not to attend and requests a
2-9 refund; and
2-10 (B) for the three-year period following the date
2-11 the course is concluded, maintains records sufficient to identify
2-12 the differences between advertised instructors and their
2-13 qualifications and actual instructors and their qualifications; and
2-14 (7) for the three-year period following the date the
2-15 course is concluded, the person offering the course maintains a
2-16 record of:
2-17 (A) attendance of registrants;
2-18 (B) fees paid by registrants; and
2-19 (C) refunds paid to registrants.
2-20 (b) A general refund policy that provides for a full refund
2-21 of fees at any time before the date the course begins satisfies the
2-22 requirements of Subsection (a)(6)(A) if the general refund policy
2-23 is made available in writing to registrants or potential
2-24 registrants not later than the 14th day before the date the course
2-25 begins.
2-26 (c) If within the three-year record retention period the
3-1 commission requests the production of records required under
3-2 Subsection (a), a failure to produce the records for the commission
3-3 by the person claiming an exemption for the course creates a
3-4 rebuttable presumption that the course is not exempt from this
3-5 chapter.
3-6 (d) A course of instruction that is otherwise exempt under
3-7 Section 132.002 is not required to comply with the requirements of
3-8 this section in order to qualify for an exemption from the
3-9 definition of "proprietary school."
3-10 SECTION 2. The change in law made by this Act applies only
3-11 to a course of instruction beginning on or after the effective date
3-12 of this Act. A course of instruction beginning before the
3-13 effective date of this Act is governed by the law in effect when
3-14 the course began, and the former law is continued in effect for
3-15 that purpose.
3-16 SECTION 3. This Act takes effect September 1, 2001.