BILL ANALYSIS Senate Research Center H.B. 1839 82R15604 KYF-D By: Phillips (Jackson) Economic Development 5/17/2011 Engrossed BILL ANALYSIS Senate Research Center H.B. 1839 82R15604 KYF-D By: Phillips (Jackson) Economic Development 5/17/2011 Engrossed Senate Research Center H.B. 1839 82R15604 KYF-D By: Phillips (Jackson) Economic Development 5/17/2011 Engrossed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Current Texas law defines a career school or college as one that offers a postsecondary program of instruction that may lead to an academic, professional, or vocational degree, certificate, or other recognized educational credential. However, because the word postsecondary is not defined in the code, the Texas Workforce Commission attorneys do not have clear direction in choosing which courses to be considered as offered by career schools or just recreational organizations. Because of this interpretation, the Texas Workforce Commission has been requiring numerous businesses offering childrens acting, dog grooming, teen modeling, and yoga classes to register as a career school. H.B. 1839 amends the Education Code to make provisions of law relating to career schools and colleges inapplicable to a school or training program that offers only avocational or recreational instruction or teacher instruction for the following subjects: dance; music; martial arts; yoga; physical fitness; horseback riding; riflery or other weapon use; sewing, knitting, or other needlecrafts; or sports. H.B. 1839 amends current law relating to excluding a provider of recreational classes that do not lead to an educational credential from regulation as a career school or college. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 132, Education Code, by adding Section 132.005, as follows: Sec. 132.005. APPLICABILITY. Provides that this chapter does not apply to a school or training program that offers only avocational or recreational instruction or teacher instruction for the following subjects: dance; music; martial arts; yoga; physical fitness; horseback riding; riflery or other weapon use; sewing, knitting, or other needlecrafts; or sports. SECTION 2. Effective date: upon passage or September 1, 2011. AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Current Texas law defines a career school or college as one that offers a postsecondary program of instruction that may lead to an academic, professional, or vocational degree, certificate, or other recognized educational credential. However, because the word postsecondary is not defined in the code, the Texas Workforce Commission attorneys do not have clear direction in choosing which courses to be considered as offered by career schools or just recreational organizations. Because of this interpretation, the Texas Workforce Commission has been requiring numerous businesses offering childrens acting, dog grooming, teen modeling, and yoga classes to register as a career school. H.B. 1839 amends the Education Code to make provisions of law relating to career schools and colleges inapplicable to a school or training program that offers only avocational or recreational instruction or teacher instruction for the following subjects: dance; music; martial arts; yoga; physical fitness; horseback riding; riflery or other weapon use; sewing, knitting, or other needlecrafts; or sports. H.B. 1839 amends current law relating to excluding a provider of recreational classes that do not lead to an educational credential from regulation as a career school or college. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 132, Education Code, by adding Section 132.005, as follows: Sec. 132.005. APPLICABILITY. Provides that this chapter does not apply to a school or training program that offers only avocational or recreational instruction or teacher instruction for the following subjects: dance; music; martial arts; yoga; physical fitness; horseback riding; riflery or other weapon use; sewing, knitting, or other needlecrafts; or sports. SECTION 2. Effective date: upon passage or September 1, 2011.