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.