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A BILL TO BE ENTITLED
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AN ACT
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relating to exempting certain private nonprofit educational |
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institutions from state regulation applicable to degree-granting |
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institutions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter G, Chapter 61, Education Code, is |
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amended by adding Section 61.3031 to read as follows: |
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Sec. 61.3031. EXEMPTION FOR CERTAIN PRIVATE NONPROFIT |
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EDUCATIONAL INSTITUTIONS. (a) The provisions of this subchapter |
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do not apply to a private educational institution, including a |
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separate degree-granting program, unit, or school operated by the |
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institution, that: |
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(1) does not accept state funding of any kind to |
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support its educational programs; |
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(2) does not accept state-administered federal |
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funding to support its educational programs; |
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(3) was formed as or is affiliated with or controlled |
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by a nonprofit corporation or nonprofit unincorporated |
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organization; and |
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(4) offers bona fide degree programs that require |
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students to complete substantive course work in order to receive a |
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degree from the institution. |
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(b) On the written request of a person acting on behalf of an |
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institution that claims to be exempt from this subchapter as |
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provided by this section, the board may issue a letter certifying a |
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determination by the board that the institution is not subject to |
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regulation under this subchapter. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |