By Jackson S.B. No. 1205 77R6615 KEL-D 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: ADVANCED 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 40 classroom hours or 1-12 less; 1-13 (2) the course is completed within five calendar days; 1-14 (3) the fee for the course is less than $1,000; 1-15 (4) the course is designed to teach: 1-16 (A) advanced knowledge or skills necessary to 1-17 maintain or enhance a person's competency or performance in a 1-18 business, trade, or occupation; or 1-19 (B) recreational or avocational subjects; 1-20 (5) no credits or units are awarded on completion of 1-21 the course toward the completion of another course of instruction 1-22 of more than 40 classroom hours; 1-23 (6) the person offering the course makes available to 1-24 registrants a written description of the course content not later 2-1 than the 14th day before the date the course begins; 2-2 (7) for a course in which the instructor or the 2-3 instructor's qualifications are different from the instructor or 2-4 the instructor's qualifications stated in any advertising, 2-5 publicity, or solicitation for the course, the person offering the 2-6 course: 2-7 (A) offers in writing a refund of the course fee 2-8 to any registrant who, before the date the course begins, notifies 2-9 the person that the registrant elects not to attend and requests a 2-10 refund; and 2-11 (B) for the three-year period following the date 2-12 the course is concluded, maintains records sufficient to identify 2-13 the differences between advertised instructors and their 2-14 qualifications and actual instructors and their qualifications; and 2-15 (8) for the three-year period following the date the 2-16 course is concluded, the person offering the course maintains a 2-17 record of: 2-18 (A) attendance of registrants; 2-19 (B) fees paid by registrants; and 2-20 (C) refunds paid to registrants. 2-21 (b) A general refund policy that provides for a full refund 2-22 of fees at any time before the date the course begins satisfies the 2-23 requirements of Subsection (a)(7)(A), if the general refund policy 2-24 is communicated in writing to registrants or potential registrants 2-25 before that date. 2-26 (c) If within the three-year record retention period the 2-27 commission requests the production of records required under 3-1 Subsection (a), a failure to produce the records for the commission 3-2 by the person claiming an exemption for the course creates a 3-3 rebuttable presumption that the course is not exempt from this 3-4 chapter. 3-5 (d) A person engaged exclusively in offering courses of 3-6 instruction that are exempt under this section is exempt from this 3-7 chapter and not within the definition of "proprietary school." 3-8 SECTION 2. The change in law made by this Act applies only to 3-9 a course of instruction beginning on or after the effective date of 3-10 this Act. A course of instruction beginning before the effective 3-11 date of this Act is governed by the law in effect when the course 3-12 began, and the former law is continued in effect for that purpose. 3-13 SECTION 3. This Act takes effect September 1, 2001.