By: Patrick (Senate Sponsor - Zaffirini) H.C.R. No. 129
         (In the Senate - Received from the House May 19, 2011;
  May 19, 2011, read first time and referred to Committee on Higher
  Education; May 20, 2011, reported favorably by the following vote:  
  Yeas 7, Nays 0; May 20, 2011, sent to printer.)
 
 
HOUSE CONCURRENT RESOLUTION
 
  WHEREAS, On October 29, 2010, the United States Department of
  Education released Final Regulations on Program Integrity Issues in
  an effort to strengthen federal student aid programs at
  postsecondary institutions, and one provision seeks to clarify the
  minimum a state must do to authorize a postsecondary institution so
  that the institution is able to participate in federal student aid
  and other federal funding programs; and
         WHEREAS, Specifically, 34 C.F.R. Section 600.9 was amended to
  require that a postsecondary institution "is established by name as
  an educational institution by a State through a charter, statute,
  constitutional provision, or other action issued by an appropriate
  State agency or State entity and is authorized to operate
  educational programs beyond secondary education, including
  programs leading to a degree or certificate"; and
         WHEREAS, Texas law authorizes career schools or colleges to
  operate educational programs beyond secondary education, including
  programs leading to a degree or certificate; and
         WHEREAS, Section 61.003, Education Code, cites state
  universities by name, and Section 61.063, Texas Education Code,
  establishes a process for naming public community colleges, but
  state law regards private institutions of higher education and
  private career schools or colleges differently; and
         WHEREAS, Rather than naming them, Section 132.001, Education
  Code, defines "career school or college" as "any business
  enterprise operated for a profit or on a nonprofit basis that
  maintains a place of business within this state or solicits
  business within this state, that is not specifically exempted by
  this chapter, and (A) that offers or maintains a course or courses
  of instruction or study; or (B) at which place of business such a
  course or courses of instruction or study are available through
  classroom instruction or by distance education, or both, to a
  person for the purpose of training or preparing the person for a
  field of endeavor in a business, trade, technical, or industrial
  occupation, or for a vocational or personal improvement"; and
         WHEREAS, Each career school or college is established by name
  as an educational institution by the State of Texas by actions
  issued by an appropriate state agency, including the Texas
  Workforce Commission or the Texas Higher Education Coordinating
  Board, and is legally authorized by the state of Texas to operate
  educational programs beyond secondary education, including
  programs leading to a degree or certificate; and
         WHEREAS, the State has a process to review and appropriately
  act on complaints concerning a career school or college, including
  enforcing applicable state laws; and
         WHEREAS, Career schools or colleges comply with applicable
  state approval or licensure requirements and are established by the
  State on the basis of an authorization to conduct business in the
  State; now, therefore, be it
         RESOLVED, That the 82nd Legislature of the State of Texas
  hereby notify the United States Department of Education that the
  career schools or colleges that are established and authorized to
  operate by name as an educational institution by the State of Texas
  by actions issued by an appropriate state agency, including the
  Texas Workforce Commission or the Texas Higher Education
  Coordinating Board, are legally authorized by the state of Texas to
  operate educational programs beyond secondary education, including
  programs leading to a degree or certificate, and that therefore the
  State of Texas has met the conditions of 34 C.F.R. Section 600.9;
  and, be it further
         RESOLVED, That the Texas secretary of state forward official
  copies of this resolution to the secretary of education, to the
  president of each career school or college named, to the president
  of the Senate and the speaker of the House of Representatives of the
  United States Congress, and to all the members of the Texas
  delegation to Congress with the request that this resolution be
  entered in the Congressional Record as a memorial to the Congress of
  the United States of America.
 
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