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A BILL TO BE ENTITLED
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AN ACT
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relating to career schools and colleges. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 132.001, Education Code, is amended by |
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adding subsection (16) to read as follows: |
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(16) "Primary campus" means, for educational institutions |
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that are owned and operated by the same person, the school or |
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institution designated by the owner as the main or principal campus |
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for other such schools or institutions. |
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SECTION 2. Section 132.002, Education Code, is amended by |
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amending subsection (g) and adding subsections (h), (i), and (j) to |
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read as follows: |
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(g) Except as provided in subsection (h), an [An
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] |
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institution of higher education or a private or independent |
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institution of higher education, as defined by Section 61.003, that |
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was exempt from regulation under this chapter before September 1, |
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2003, remains exempt from regulation under this chapter and is not |
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required to comply with this section. |
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(h) A school or educational institution that currently |
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participates or intends to participate in the Title IV financial |
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aid programs authorized by the federal Higher Education Act of |
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1965, as amended, may not be exempted by this chapter by the |
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commission under subsection (a)(2) unless the school or institution |
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demonstrates to the commission that: |
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(1) either: |
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(i) the school or institution is accredited by |
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one or more accrediting agencies recognized by the U.S. Secretary |
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of Education; or |
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(ii) the school or institution, or the primary |
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campus for the school or institution, has been continuously in |
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operation for at least 20 years, notwithstanding the amount of time |
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the current owner has owned that school or institution; or |
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(2) the school or institution is owned, controlled, |
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operated, and maintained by a religious organization lawfully |
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operating as a nonprofit religious corporation and awards only |
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religious degrees or certificates including, but not limited to, a |
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certificate of Talmudic studies, an associate of Biblical studies, |
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a master of divinity, or a doctor of divinity. |
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(i) A school or educational institution may demonstrate to |
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the commission its compliance with subsection (h) by the |
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application process under subsection (d) or, if the most recent |
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declaration by the commission that the school or institution is |
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exempt from regulation under this chapter occurred prior to June |
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30, 2013, by submission of an affidavit from the owner. |
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(j) For any school or educational institution that is both |
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exempt from regulation under subsection (a)(2) and in compliance |
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with subsection (h)(1), the consumer protection division of the |
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attorney general's office shall have a process to review and act on |
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complaints by students of the school or institution relating to |
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consumer protection against fraudulent or abusive practices by the |
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school or institution. |
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SECTION 3. 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, 2013. |