1 | 1 | | 81R12120 KEL-D |
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2 | 2 | | By: Hunter H.B. No. 3974 |
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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 the exemption of certain maritime courses of |
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8 | 8 | | instruction from proprietary school certification. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 132.002(a), Education Code, is amended |
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11 | 11 | | to read as follows: |
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12 | 12 | | (a) The following schools or educational institutions may |
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13 | 13 | | be exempted from this chapter by the commission under Subsection |
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14 | 14 | | (d): |
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15 | 15 | | (1) a school or educational institution supported by |
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16 | 16 | | taxation from either a local or state source; |
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17 | 17 | | (2) a nonprofit school owned, controlled, operated, |
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18 | 18 | | and conducted by a bona fide religious, denominational, |
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19 | 19 | | eleemosynary, or similar public institution exempt from property |
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20 | 20 | | taxation under the laws of this state; |
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21 | 21 | | (3) a school or training program that offers |
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22 | 22 | | instruction of purely avocational or recreational subjects as |
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23 | 23 | | determined by the commission; |
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24 | 24 | | (4) a course or courses of instruction or study |
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25 | 25 | | sponsored by an employer for the training and preparation of its own |
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26 | 26 | | employees, and for which no tuition fee is charged to the student; |
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27 | 27 | | (5) a course or courses of study or instruction |
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28 | 28 | | sponsored by a recognized trade, business, or professional |
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29 | 29 | | organization for the instruction of the members of the organization |
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30 | 30 | | with a closed membership; |
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31 | 31 | | (6) a private college or university that awards a |
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32 | 32 | | recognized baccalaureate, or higher degree, and that maintains and |
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33 | 33 | | operates educational programs for which a majority of the credits |
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34 | 34 | | given are transferable to a college, junior college, or university |
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35 | 35 | | supported entirely or partly by taxation from either a local or |
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36 | 36 | | state source; |
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37 | 37 | | (7) a school or course that is otherwise regulated and |
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38 | 38 | | approved under and pursuant to any other law or rulemaking process |
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39 | 39 | | of this state or approved for continuing education credit by an |
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40 | 40 | | organization that accredits courses for the maintenance of a |
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41 | 41 | | license, except as provided by Subsection (c); |
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42 | 42 | | (8) an aviation school or instructor approved by and |
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43 | 43 | | under the supervision of the Federal Aviation Administration; |
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44 | 44 | | (9) a school that offers intensive review of a |
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45 | 45 | | student's acquired education, training, or experience to prepare |
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46 | 46 | | the student for an examination, other than a high school |
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47 | 47 | | equivalency examination, that the student by law may not take |
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48 | 48 | | unless the student has completed or substantially completed a |
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49 | 49 | | particular degree program, or that the student is required to take |
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50 | 50 | | as a precondition for enrollment in or admission to a particular |
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51 | 51 | | degree program; |
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52 | 52 | | (10) a private school offering primary or secondary |
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53 | 53 | | education, which may include a kindergarten or prekindergarten |
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54 | 54 | | program, and that satisfies the compulsory attendance requirements |
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55 | 55 | | of Section 25.085 pursuant to Section 25.086(a)(1); |
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56 | 56 | | (11) a course or courses of instruction by bona fide |
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57 | 57 | | electrical trade associations for the purpose of preparing students |
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58 | 58 | | for electrical tests required for licensing and for the purpose of |
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59 | 59 | | providing continuing education to students for the renewal of |
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60 | 60 | | electrical licenses; |
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61 | 61 | | (12) a nonprofit arts organization that has as its |
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62 | 62 | | primary purpose the provision of instruction in the dramatic arts |
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63 | 63 | | and the communications media to persons younger than 19 years of |
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64 | 64 | | age; |
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65 | 65 | | (13) a course or training program conducted by a |
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66 | 66 | | nonprofit association of air conditioning and refrigeration |
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67 | 67 | | contractors approved by the Air Conditioning and Refrigeration |
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68 | 68 | | Contractors Advisory Board to provide instruction for technical, |
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69 | 69 | | business, or license examination preparation programs relating to |
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70 | 70 | | air conditioning and refrigeration contracting, as that term is |
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71 | 71 | | defined by Chapter 1302, Occupations Code; |
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72 | 72 | | (14) a course of instruction by a plumbing trade |
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73 | 73 | | association to prepare students for a plumbing test or program |
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74 | 74 | | required for licensing, certification, or endorsement or to provide |
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75 | 75 | | continuing education approved by the Texas State Board of Plumbing |
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76 | 76 | | Examiners; [and] |
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77 | 77 | | (15) a course of instruction in the use of |
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78 | 78 | | technological hardware or software if the course is offered to a |
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79 | 79 | | purchaser of the hardware or software or to the purchaser's |
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80 | 80 | | employee by a person who manufactures and sells, or develops and |
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81 | 81 | | sells, the hardware or software, and if the seller is not primarily |
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82 | 82 | | in the business of providing courses of instruction in the use of |
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83 | 83 | | the hardware or software, as determined by the commission; and |
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84 | 84 | | (16) a maritime school that is approved by and is under |
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85 | 85 | | the supervision of the United States Coast Guard. |
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86 | 86 | | SECTION 2. The change in law made by this Act applies only |
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87 | 87 | | to a course of instruction beginning on or after the effective date |
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88 | 88 | | of this Act. A course of instruction beginning before the effective |
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89 | 89 | | date of this Act is governed by the law in effect when the course |
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90 | 90 | | began, and the former law is continued in effect for that purpose. |
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91 | 91 | | SECTION 3. This Act takes effect September 1, 2009. |
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