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.