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A BILL TO BE ENTITLED
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AN ACT
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relating to the exemption of certain maritime courses of |
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instruction from proprietary school certification. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 132.002(a), Education Code, is amended |
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to read as follows: |
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(a) The following schools or educational institutions may |
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be exempted from this chapter by the commission under Subsection |
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(d): |
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(1) a school or educational institution supported by |
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taxation from either a local or state source; |
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(2) a nonprofit school owned, controlled, operated, |
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and conducted by a bona fide religious, denominational, |
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eleemosynary, or similar public institution exempt from property |
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taxation under the laws of this state; |
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(3) a school or training program that offers |
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instruction of purely avocational or recreational subjects as |
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determined by the commission; |
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(4) a course or courses of instruction or study |
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sponsored by an employer for the training and preparation of its own |
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employees, and for which no tuition fee is charged to the student; |
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(5) a course or courses of study or instruction |
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sponsored by a recognized trade, business, or professional |
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organization for the instruction of the members of the organization |
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with a closed membership; |
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(6) a private college or university that awards a |
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recognized baccalaureate, or higher degree, and that maintains and |
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operates educational programs for which a majority of the credits |
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given are transferable to a college, junior college, or university |
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supported entirely or partly by taxation from either a local or |
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state source; |
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(7) a school or course that is otherwise regulated and |
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approved under and pursuant to any other law or rulemaking process |
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of this state or approved for continuing education credit by an |
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organization that accredits courses for the maintenance of a |
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license, except as provided by Subsection (c); |
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(8) an aviation school or instructor approved by and |
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under the supervision of the Federal Aviation Administration; |
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(9) a school that offers intensive review of a |
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student's acquired education, training, or experience to prepare |
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the student for an examination, other than a high school |
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equivalency examination, that the student by law may not take |
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unless the student has completed or substantially completed a |
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particular degree program, or that the student is required to take |
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as a precondition for enrollment in or admission to a particular |
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degree program; |
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(10) a private school offering primary or secondary |
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education, which may include a kindergarten or prekindergarten |
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program, and that satisfies the compulsory attendance requirements |
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of Section 25.085 pursuant to Section 25.086(a)(1); |
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(11) a course or courses of instruction by bona fide |
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electrical trade associations for the purpose of preparing students |
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for electrical tests required for licensing and for the purpose of |
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providing continuing education to students for the renewal of |
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electrical licenses; |
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(12) a nonprofit arts organization that has as its |
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primary purpose the provision of instruction in the dramatic arts |
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and the communications media to persons younger than 19 years of |
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age; |
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(13) a course or training program conducted by a |
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nonprofit association of air conditioning and refrigeration |
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contractors approved by the Air Conditioning and Refrigeration |
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Contractors Advisory Board to provide instruction for technical, |
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business, or license examination preparation programs relating to |
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air conditioning and refrigeration contracting, as that term is |
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defined by Chapter 1302, Occupations Code; |
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(14) a course of instruction by a plumbing trade |
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association to prepare students for a plumbing test or program |
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required for licensing, certification, or endorsement or to provide |
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continuing education approved by the Texas State Board of Plumbing |
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Examiners; [and] |
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(15) a course of instruction in the use of |
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technological hardware or software if the course is offered to a |
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purchaser of the hardware or software or to the purchaser's |
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employee by a person who manufactures and sells, or develops and |
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sells, the hardware or software, and if the seller is not primarily |
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in the business of providing courses of instruction in the use of |
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the hardware or software, as determined by the commission; and |
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(16) a maritime school that is approved by and is under |
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the supervision of the United States Coast Guard. |
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SECTION 2. The change in law made by this Act applies only |
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to a course of instruction beginning on or after the effective date |
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of this Act. A course of instruction beginning before the effective |
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date of this Act is governed by the law in effect when the course |
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began, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2009. |