| 1 | 1 | | 85R2386 KSD-D |
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| 2 | 2 | | By: Menéndez S.B. No. 234 |
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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 a prohibition against the use by a career school or |
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| 8 | 8 | | college of certain advertising designed to mislead or deceive |
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| 9 | 9 | | prospective students. |
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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. Section 132.151, Education Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | Sec. 132.151. PROHIBITIONS. A person may not: |
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| 14 | 14 | | (1) operate a career school or college without a |
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| 15 | 15 | | certificate of approval issued by the commission; |
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| 16 | 16 | | (2) solicit prospective students for or on behalf of a |
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| 17 | 17 | | career school or college without being registered as a |
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| 18 | 18 | | representative of the career school or college as required by this |
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| 19 | 19 | | chapter; |
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| 20 | 20 | | (3) accept contracts or enrollment applications for or |
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| 21 | 21 | | on behalf of a career school or college from a representative who is |
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| 22 | 22 | | not bonded as required by this chapter; |
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| 23 | 23 | | (4) utilize advertising designed to mislead or deceive |
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| 24 | 24 | | prospective students, including any advertising that infers an |
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| 25 | 25 | | endorsement or sponsorship by, or an affiliation with, the United |
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| 26 | 26 | | States military or a federal or state government program for |
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| 27 | 27 | | veterans, including through the use of any: |
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| 28 | 28 | | (A) military insignia, seal, or logo; or |
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| 29 | 29 | | (B) military-related terminology in the career |
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| 30 | 30 | | school or college's uniform resource locator (URL) address; |
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| 31 | 31 | | (5) fail to notify the commission of the closure of any |
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| 32 | 32 | | career school or college within 72 hours of cessation of classes and |
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| 33 | 33 | | make available accurate records as required by this chapter; |
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| 34 | 34 | | (6) negotiate any promissory instrument received as |
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| 35 | 35 | | payment of tuition or other charge by a career school or college |
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| 36 | 36 | | prior to completion of 75 percent of the applicable program, |
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| 37 | 37 | | provided that prior to such time, the instrument may be transferred |
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| 38 | 38 | | by assignment to a purchaser who shall be subject to all the |
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| 39 | 39 | | defenses available against the career school or college named as |
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| 40 | 40 | | payee; or |
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| 41 | 41 | | (7) violate any provision of this chapter. |
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| 42 | 42 | | SECTION 2. This Act takes effect September 1, 2017. |
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