| 1 | 1 | | 81R7154 SJM-D |
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| 2 | 2 | | By: Berman H.B. No. 2800 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to exempting certain private nonprofit educational |
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| 8 | 8 | | institutions from state regulation applicable to degree-granting |
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| 9 | 9 | | institutions. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter G, Chapter 61, Education Code, is |
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| 12 | 12 | | amended by adding Section 61.3031 to read as follows: |
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| 13 | 13 | | Sec. 61.3031. EXEMPTION FOR CERTAIN PRIVATE NONPROFIT |
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| 14 | 14 | | EDUCATIONAL INSTITUTIONS. (a) The provisions of this subchapter |
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| 15 | 15 | | do not apply to a private educational institution, including a |
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| 16 | 16 | | separate degree-granting program, unit, or school operated by the |
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| 17 | 17 | | institution, that: |
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| 18 | 18 | | (1) does not accept state funding of any kind to |
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| 19 | 19 | | support its educational programs; |
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| 20 | 20 | | (2) does not accept state-administered federal |
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| 21 | 21 | | funding to support its educational programs; |
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| 22 | 22 | | (3) was formed as or is affiliated with or controlled |
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| 23 | 23 | | by a nonprofit corporation or nonprofit unincorporated |
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| 24 | 24 | | organization; and |
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| 25 | 25 | | (4) offers bona fide degree programs that require |
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| 26 | 26 | | students to complete substantive course work in order to receive a |
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| 27 | 27 | | degree from the institution. |
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| 28 | 28 | | (b) On the written request of a person acting on behalf of an |
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| 29 | 29 | | institution that claims to be exempt from this subchapter as |
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| 30 | 30 | | provided by this section, the board may issue a letter certifying a |
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| 31 | 31 | | determination by the board that the institution is not subject to |
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| 32 | 32 | | regulation under this subchapter. |
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| 33 | 33 | | SECTION 2. This Act takes effect immediately if it receives |
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| 34 | 34 | | a vote of two-thirds of all the members elected to each house, as |
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| 35 | 35 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 36 | 36 | | Act does not receive the vote necessary for immediate effect, this |
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| 37 | 37 | | Act takes effect September 1, 2009. |
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