reglab/statecodes huggingface dataset:
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter C. Authorized Operation of Proprietary Schools › Section 132.063. Approved Degrees

Sec. 132.063.  APPROVED DEGREES.  A career school or college may offer a degree approved by the Texas Higher Education Coordinating Board.
Added by Acts 1989, 71st Leg., ch. 813, Sec. 4.14, eff. Aug. 28, 1989.  Redesignated from Education Code Sec. 32.401 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.44, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 364, Sec. 2.20, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.34, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter C. Authorized Operation of Proprietary Schools › Section 132.064. Nonqualification as Small Career School and College

Sec. 132.064.  NONQUALIFICATION AS SMALL CAREER SCHOOL AND COLLEGE.  (a)  A career school or college operating as a small career school or college but that has an annual gross income from tuition and fees that exceed $100,000 (other than a test preparation school described by Section 132.001(10)(B) or (C)) that intends to receive a payment from federal funds under 20 U.S.C. Section 1070 et seq. or intends to receive prepayment of tuition, fees or other charges from federal or state funds shall send written notice to the commission.  The notice must be sent not later than the following date, as applicable:
(1)  the 60th day after the date on which annual gross income is determined to exceed the maximum;
(2)  the day before receiving a payment of federal funds under 20 U.S.C. Section 1070 et seq.;  or
(3)  the day before enrolling a student who will prepay tuition, a fee, or another charge in whole or in part from federal or state funds.
(b)  A career school or college that no longer qualifies as a small career school or college shall apply for an initial certificate of approval as a career school or college within 30 days after the date the school has notified the commission that it no longer qualifies as a small career school or college.  The commission may apply or prorate any fees paid by the school or college as a small career school or college.
(c)  A career school or college that no longer qualifies as a small career school or college shall submit to the commission an amount of money equal to the difference between the fee for the small career school or college certificate of approval submitted by the school or college and the fee that the school or college would be required to submit after its qualifications as a small career school or college cease.
(d)  The authority of a career school or college to operate under a small career school or college certificate of approval terminates on the final determination of issuance or denial of an initial certificate of approval.  If a school or college fails to file a complete application within the period required by Subsection (b), the school or college, as a condition of issuance, must pay a late fee in an amount established by commission rule of at least $100.
Added by Acts 1993, 73rd Leg., ch. 1010, Sec. 5, eff. Aug. 30, 1993.  Redesignated from Education Code Sec. 32.402 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.45, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1064, Sec. 6, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 364, Sec. 2.21, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.35, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter C. Authorized Operation of Proprietary Schools › Section 132.065. Schools Not Required to Take Attendance

Sec. 132.065.  SCHOOLS NOT REQUIRED TO TAKE ATTENDANCE.  (a)  A career school or college that is eligible to participate in student financial aid programs under Title IV, Higher Education Act of 1965 (20 U.S.C. Section 1070 et seq.), is not required to take attendance.
(b)  Before a student begins a program offered by a career school or college to which Subsection (a) applies, the school or college shall provide to the student written notice of all policies related to program interruption occurring before the student's completion of the program.  The career school or college shall also notify each student in writing that if the student withdraws from the program, it is the student's responsibility to inform the school or college of the student's withdrawal.
(c)  A student attending a program offered by a career school or college to which Subsection (a) applies may not be required to pay tuition to the school or college during the first week of the program.  Except as otherwise provided by this subsection, the career school or college shall verify the student's enrollment in the program by documenting the student's participation in an academically related activity of the program at the end of the first week of each semester or other academic term of the program, at the end of the first month of each semester or other academic term of the program, at the midpoint of each semester or other academic term of the program, and at the end of each semester or other academic term of the program.  If the career school or college is unable to verify the student's enrollment in the program at any of those times, the student is considered to have withdrawn from the program.  The date on which the career school or college was first unable to verify the student's enrollment in the program is the date of the student's withdrawal for refund purposes, and the school or college is not required to verify the student's enrollment in the program after that date.
Added by Acts 2005, 79th Leg., Ch. 747 (H.B. 2806), Sec. 7, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter D. Appeal › Section 132.101. Hearing

Sec. 132.101.  HEARING.  (a)  Should the applicant be dissatisfied with the denial of a certificate of approval by the commission, the applicant has the right to appeal the decision of the commission and request a hearing with the commission or a hearing officer appointed by the commission within 15 days after receipt of notice.  Upon receipt of the request for a hearing, the commission shall set a time and place for the hearing and then send notice to the school of the time and place.
(b)  The hearing shall be held within 30 days from the receipt of the request for a hearing.
(c)  At the hearing, an applicant may appear in person or by counsel and present evidence to the commission or a hearing officer appointed by the commission in support of the granting of the permit specified herein.  All interested persons may also appear and present oral and documentary evidence to the commission or a hearing officer appointed by the commission concerning the issuance of a certificate of approval to the applicant school.
(d)  Within 10 days after the hearing, the commission shall send notice to the school either affirming or revoking the denial of the certificate of approval.
Added by Acts 1971, 62nd Leg., p. 2014, ch. 620, Sec. 1, eff. June 4, 1971.  Redesignated from Education Code Sec. 32.41 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter D. Appeal › Section 132.102. Judicial Appeal

Sec. 132.102.  JUDICIAL APPEAL.  (a)  The commission's decision to deny a certificate of approval may be appealed to a district court in Travis County.
(b)  Unless stayed by the court on a showing of good cause, the commission's decision may not be superseded during the appeal.
(c)  On the filing of the lawsuit, citation shall be served on the commission.  The commission shall prepare a complete record of all proceedings had before the commission or hearing examiner and shall certify a copy of the proceedings to the court.  Trial before the court shall be on the basis of the record made before the commission or hearing examiner, and the court shall make its decision based on the record.  The commission's decision shall be affirmed by the court if the court finds substantial evidence in the record to justify the decision, unless the court finds the order to be:
(1)  arbitrary and capricious;
(2)  in violation of the constitution or laws of this state;  or
(3)  in violation of rules promulgated by the commission pursuant to this chapter.
(d)  The decision of the trial court is subject to appeal in the same manner as any other civil lawsuit under the Texas Rules of Civil Procedure.
Added by Acts 1971, 62nd Leg., p. 2014, ch. 620, Sec. 1, eff. June 4, 1971.  Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 28, art. I, part D, Sec. 9,10, eff. Sept. 1, 1984.  Redesignated from Education Code Sec. 32.42(a) to (e) and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.46, eff. Sept. 1, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter D. Appeal › Section 132.103. Appeal Following Revocation of Certificate of Approval

Sec. 132.103.  APPEAL FOLLOWING REVOCATION OF CERTIFICATE OF APPROVAL.  Appeals concerning revocation of certificates of approval shall be prosecuted in the same manner and under the same provisions as provided for appeals from denial of such certificates.
Added by Acts 1971, 62nd Leg., p. 2014, ch. 620, Sec. 1, eff. June 4, 1971.  Redesignated from Education Code Sec. 32.42(f) and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter E. Class Action Suits › Section 132.121. Class Action

Sec. 132.121.  CLASS ACTION.  (a)  Any person who is injured by any act taken or permitted in violation of this chapter may, on behalf of the person and others similarly situated, maintain an action in a district court in Travis County, regardless of the amount in controversy, for temporary or permanent injunctive relief, declaratory relief, or other relief, including damages, such action to be pursued in accordance with Rule 42, Texas Rules of Civil Procedure.
(b)  A party filing such an action must give prompt notice to the attorney general, who shall be permitted to join, on application within 30 days, as a party plaintiff.
Added by Acts 1971, 62nd Leg., p. 2015, ch. 620, Sec. 1, eff. June 4, 1971.  Redesignated from Education Code Sec. 32.51 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter E. Class Action Suits › Section 132.122. Notice

Sec. 132.122.  NOTICE.  In any class action permitted under this chapter, the court shall direct the defendant to serve on each member of the class the best possible notice.  If required in the interest of justice, the court may direct that individual notice be served on all members of the class who can be identified through reasonable efforts.  Such notice shall inform the recipient that the recipient is thought to be a member of the class and, if so, the recipient may enter an appearance and join in the suit, either in person or through counsel.
Added by Acts 1971, 62nd Leg., p. 2015, ch. 620, Sec. 1, eff. June 4, 1971.  Redesignated from Education Code Sec. 32.52 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter E. Class Action Suits › Section 132.123. Judgment and Costs

Sec. 132.123.  JUDGMENT AND COSTS.  (a)  The court shall enter judgment in each class action brought under this chapter in such form as shall be justified by the facts and the law applicable thereto.  Damages shall be awarded only to those members of the class who joined as parties plaintiff, but all other relief granted by the court shall inure to the benefit of all members of the class.
(b)  A plaintiff who prevails in a class action shall be awarded court costs and reasonable attorney's fees in the judgment.  A legal aid society or legal services program that represents the plaintiff or plaintiffs in such an action shall be awarded a service fee in lieu of attorney's fees.
Added by Acts 1971, 62nd Leg., p. 2015, ch. 620, Sec. 1, eff. June 4, 1971.  Redesignated from Education Code Sec. 32.53 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter F. Prohibited Acts › Section 132.151. Prohibitions

Sec. 132.151.  PROHIBITIONS.  A person may not:
(1)  operate a career school or college without a certificate of approval issued by the commission;
(2)  solicit prospective students for or on behalf of a career school or college without being registered as a representative of the career school or college as required by this chapter;
(3)  accept contracts or enrollment applications for or on behalf of a career school or college from a representative who is not bonded as required by this chapter;
(4)  utilize advertising designed to mislead or deceive prospective students;
(5)  fail to notify the commission of the closure of any career school or college within 72 hours of cessation of classes and make available accurate records as required by this chapter;
(6)  negotiate any promissory instrument received as payment of tuition or other charge by a career school or college prior to completion of 75 percent of the applicable program, provided that prior to such time, the instrument may be transferred by assignment to a purchaser who shall be subject to all the defenses available against the career school or college named as payee; or
(7)  violate any provision of this chapter.
Added by Acts 1971, 62nd Leg., p. 2015, ch. 620, Sec. 1, eff. June 4, 1971.  Amended by Acts 1973, 63rd Leg., p. 1267, ch. 463, Sec. 6, eff. June 14, 1973;  Acts 1989, 71st Leg., ch. 813, Sec. 4.15, eff. Sept. 1, 1989.  Redesignated from Education Code Sec. 32.61 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1064, Sec. 7, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 364, Sec. 2.22, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.36, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 747 (H.B. 2806), Sec. 8, eff. September 1, 2005.
Acts 2011, 82nd Leg., R.S., Ch. 1246 (S.B. 1534), Sec. 3, eff. September 1, 2011.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter F. Prohibited Acts › Section 132.153. Competitive Bidding; Advertising

Sec. 132.153.  COMPETITIVE BIDDING;  ADVERTISING.  The commission may not adopt rules to restrict competitive bidding or advertising by a career school or college except to prohibit false, misleading, or deceptive competitive bidding or advertising practices.  Those rules may not restrict:
(1)  the use of an advertising medium;
(2)  the size or duration of an advertisement;  or
(3)  advertisement under a trade name.
Added by Acts 1989, 71st Leg., ch. 813, Sec. 4.17, eff. Sept. 1, 1989.  Redesignated from Education Code Sec. 32.612 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.47, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 364, Sec. 2.23, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.37, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter F. Prohibited Acts › Section 132.154. Injunctions

Sec. 132.154.  INJUNCTIONS.  (a)  Whenever the commission has probable cause to believe that any career school or college has committed any acts that would be in violation of this chapter, the commission shall apply for an injunction restraining the commission of such acts.
(b)  An action for an injunction under this section shall be brought in Travis County.
Added by Acts 1971, 62nd Leg., p. 2016, ch. 620, Sec. 1, eff. June 4, 1971.  Amended by Acts 1989, 71st Leg., ch. 813, Sec. 4.18, eff. Sept. 1, 1989.  Redesignated from Education Code Sec. 32.62 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 5, eff. May 30, 1995;  Acts 2003, 78th Leg., ch. 364, Sec. 2.24, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.38, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter F. Prohibited Acts › Section 132.155. Civil Penalty

Sec. 132.155.  CIVIL PENALTY.  (a)  A person who violates this chapter or a rule adopted under this chapter is liable for a civil penalty in addition to any injunctive relief or other remedy provided by law.  The civil penalty may not exceed $1,000 a day for each violation.
(b)  The attorney general, at the request of the commission, may bring a civil action to collect a civil penalty under this section.
Added by Acts 1989, 71st Leg., ch. 813, Sec. 4.19, eff. Sept. 1, 1989.  Redesignated from Education Code Sec. 32.63 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.48, eff. Sept. 1, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter F. Prohibited Acts › Section 132.156. Sanctions

Sec. 132.156.  SANCTIONS.  (a)  If the commission has reasonable cause to believe that a career school or college has violated this chapter or a rule adopted under this chapter, the commission may:
(1)  order a peer review of the school or college;  or
(2)  suspend the admission of students to the school or college.
(b)  A peer review ordered under this section shall be conducted by a peer review team composed of knowledgeable persons selected by the commission.  The commission shall attempt to provide a balance on each team between members assigned to the team who are from this state and those who are from other states.  The team shall provide the commission with an objective assessment of the content of the career school's or college's curriculum and its application.  The costs of providing a peer review team shall be paid by the school or college.
Added by Acts 1989, 71st Leg., ch. 813, Sec. 4.20, eff. Sept. 1, 1989.  Redesignated from Education Code Sec. 32.64 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. Sept. 1, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.49, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 364, Sec. 2.25, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.39, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter F. Prohibited Acts › Section 132.157. Penalty for Small Proprietary School

Sec. 132.157.  PENALTY FOR SMALL PROPRIETARY SCHOOL.  (a)  If a career school or college fails to timely comply with the requirements of Section 132.064, in addition to any other penalties authorized by law, the commission may assess a penalty in an amount not greater than two times the amount that the school or college would have paid in fees and other charges if the school or college had complied with the requirements of Section 132.064 or may assess a penalty in the amount of the tuition or fee charge to any students whose tuition or fees were contracted to be funded by a prepaid federal or state source.
(b)  If the commission finds that the career school or college acted intentionally, the commission may, in addition to any other remedy available under law, assess a penalty against the owner in an amount not greater than four times the amount of the fees and charges that the school or college should have paid or four times the amount of the student tuition that was contracted to be funded from a prepaid federal or state source.
(c)  The failure to notify the commission within four months after the career school's or college's earnings exceed that of a small career school or college gives rise to a rebuttable presumption of intent for purposes of assessment of a penalty.
(d)  The failure to notify the commission within 10 days after a career school or college has enrolled a student whose tuition or fees are paid in whole or in part from a prepaid federal or state source gives rise to a rebuttable presumption of intent for purposes of assessment of a penalty.
(e)  A penalty under this section shall be assessed in accordance with the procedures stated in Section 132.152.
Added by Acts 1993, 73rd Leg., ch. 1010, Sec. 6, eff. Aug. 30, 1993.  Redesignated from Education Code Sec. 32.65 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995;  Acts 2003, 78th Leg., ch. 364, Sec. 2.26, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.40, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter F. Prohibited Acts › Section 132.158. Prohibition Against Certain Activities by Financial Aid Employees

Sec. 132.158.  PROHIBITION AGAINST CERTAIN ACTIVITIES BY FINANCIAL AID EMPLOYEES.  (a)  In this section:
(1)  "Student loan" means a loan for which the loan agreement requires that all or part of the loan proceeds be used to assist a person in attending an institution of higher education or other postsecondary institution, including a career school or college.
(2)  "Student loan lender" means a person whose primary business is:
(A)  making, brokering, arranging, or accepting applications for student loans; or
(B)  a combination of activities described by Paragraph (A).
(b)  A person employed by a career school or college in the financial aid office of the school or college may not:
(1)  own stock or hold another ownership interest in a student loan lender, other than through ownership of shares in a publicly traded mutual fund or similar investment vehicle in which the person does not exercise any discretion regarding the investment of the assets of the fund or other investment vehicle; or
(2)  solicit or accept any gift from a student loan lender.
(c)  A career school or college may not knowingly employ a person who violates Subsection (b).  If a career school or college discovers that its employee is in violation of Subsection (b), the school or college shall promptly take appropriate action to cure the violation, including appropriate disciplinary action, based on the severity of the violation and whether the violation was inadvertent.
Added by Acts 2009, 81st Leg., R.S., Ch. 1344 (S.B. 194), Sec. 2, eff. June 19, 2009.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter G. Fees › Section 132.202. Required Posting by Certain Schools or Educational Institutions Not Operating in This State

Sec. 132.202.  REQUIRED POSTING BY CERTAIN SCHOOLS OR EDUCATIONAL INSTITUTIONS NOT OPERATING IN THIS STATE.  A school or educational institution described by Section 132.001(1)(B) shall post a conspicuous notice on the home page of its website stating:
(1)  that the career school or college is not regulated in Texas under this chapter;
(2)  the name of any regulatory agencies that approve and regulate the school's programs in the state where the school is physically located and in which it has legal authorization to operate; and
(3)  how to file complaints or make other contact with applicable regulatory agencies.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1246 (S.B. 1534), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter H. Funding › Section 132.221. Funding

Sec. 132.221.  FUNDING.  (a)  The cost of administration of this chapter shall be included in the appropriation for the commission.
(b)  Fees collected by the commission shall be used to help defray the cost and expense of administering this chapter.
Added by Acts 1971, 62nd Leg., p. 2016, ch. 620, Sec. 1, eff. June 4, 1971.  Redesignated from Education Code Sec. 32.81 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.51, eff. Sept. 1, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter I. Protection of Tuition › Section 132.2415. Tuition Trust Account

Sec. 132.2415.  TUITION TRUST ACCOUNT.  (a)  The Texas Workforce Commission depository bonds guaranty trust account is renamed the career school or college tuition trust account.  The career school or college tuition trust account is the account designated to receive all amounts related to the protection of career school or college tuition.  The balance of the trust account may not exceed $1 million.
(b)  The commission may collect annually a fee from each career school or college to be deposited to the credit of the career school or college tuition trust account.  The total amount of the fees collected in a year shall be set by the commission in the amount estimated as necessary to pay the liabilities of the trust account during that year, not to exceed 0.2 percent of the gross amount of tuition and fees charged by career schools and colleges in that year, excluding amounts refunded under Section 132.061 or 132.0611.
(c)  If, at the end of a fiscal year, the commission determines that the commission has collected fees under this chapter in excess of the amount necessary to defray the expense of administering this chapter, the commission may transfer any portion of the excess amount to the career school or college tuition trust account.
(d)  From money in the career school or college tuition trust account, the commission shall attempt to provide a full refund to each student of a closed career school or college of the amount owed to the student as determined under Section 132.061.  The commission may provide a partial refund to a student only if the commission determines that the amount in the trust account is insufficient to provide a full refund to the student.  The commission shall consider the following factors in determining the amount of a partial refund to be paid to a student:
(1)  the amount of money in the trust account;
(2)  the cost and number of claims against the trust account resulting from closure of the school or college;
(3)  the average cost of a claim paid from the trust account in the past; and
(4)  the availability of other schools or colleges, regardless of whether the school or college is a career school or college, at which the student may complete the student's training.
(e)  Expired.
Added by Acts 2003, 78th Leg., ch. 364, Sec. 1.08, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.09, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 747 (H.B. 2806), Sec. 10, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 496 (S.B. 309), Sec. 4, eff. September 1, 2007.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter I. Protection of Tuition › Section 132.242. Closed School or College

Sec. 132.242.  CLOSED SCHOOL OR COLLEGE.  (a)  If a career school or college closes, the commission shall attempt to arrange for students of the closed school or college to attend another school or college, regardless of whether the school or college is a career school or college.
(b)  The expense incurred by a school or college, regardless of whether the school or college is a career school or college, in providing a teachout that is directly related to educating a student placed in the school or college under this section, including the applicable tuition for the period for which the student has paid tuition, shall be paid from the career school or college tuition trust account.
(c)  If the student cannot be placed in another school or college, regardless of whether the school or college is a career school or college, the student's tuition and fees shall be refunded under Section 132.061(d).
(d)  If a student does not accept a place that is available and reasonable in another school or college, regardless of whether the school or college is a career school or college, the student's tuition and fees shall be refunded under the refund policy maintained by the closing career school or college under Section 132.061.
(e)  For each closed career school or college, refunds shall be paid from the career school or college tuition trust account in an amount not to exceed $150,000.
(f)  If another school or college, regardless of whether the school or college is a career school or college, assumes responsibility for the closed career school's or college's students with no significant changes in the quality of training, the student is not entitled to a refund under Subsection (c) or (d).
(g)  Attorney's fees, court costs, or damages may not be paid from the career school or college tuition trust account.
Added by Acts 1989, 71st Leg., ch. 813, Sec. 4.22, eff. Jan. 1, 1992.  Redesignated from Education Code Sec. 32.92 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 2, eff. May 30, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.53, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1064, Sec. 9, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 364, Sec. 1.09, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 817, Sec. 8.10, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 747 (H.B. 2806), Sec. 11, eff. September 1, 2005.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter J. Cease and Desist Orders › Section 132.301. Hearing; Notice

Sec. 132.301.  HEARING;  NOTICE.
(a)  The commission may set a hearing on whether to issue a cease and desist order against a person under Section 132.303 if  the commission has reason to believe that the person is operating a career school or college without a certificate issued by the commission in violation of Section 132.151.
(b)  The commission shall serve on the person a statement of charges and a notice of hearing, including a copy of the applicable rules of the commission.
Added by Acts 2003, 78th Leg., ch. 817, Sec. 8.08, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 719 (H.B. 2371), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter J. Cease and Desist Orders › Section 132.302. Hearing

Sec. 132.302.  HEARING.  Except as agreed by the parties with prior written approval of the commission, a hearing under this subchapter must be held not earlier than the fifth day or later than the 30th day after the date of service of the statement and notice required under Section 132.301.
Added by Acts 2003, 78th Leg., ch. 817, Sec. 8.08, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter J. Cease and Desist Orders › Section 132.303. Cease and Desist Order

Sec. 132.303.  CEASE AND DESIST ORDER.  After a hearing held under this subchapter, the commission may issue against the person charged with operating a career school or college without a certificate issued by the commission an order that requires that the person immediately cease and desist from violating this chapter.
Added by Acts 2003, 78th Leg., ch. 817, Sec. 8.08, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter J. Cease and Desist Orders › Section 132.304. Enforcement; Referral to the Attorney General

Sec. 132.304.  ENFORCEMENT;  REFERRAL TO THE ATTORNEY GENERAL.  The commission may refer the matter to the consumer protection division of the attorney general's office for enforcement if the commission has reason to believe that a person has violated or failed to respond to a cease and desist order issued under this subchapter.
Added by Acts 2003, 78th Leg., ch. 817, Sec. 8.08, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter J. Cease and Desist Orders › Section 132.305. Effect of Prior Proceedings

Sec. 132.305.  EFFECT OF PRIOR PROCEEDINGS.  The commission may proceed under this chapter or any other applicable law without regard to prior proceedings.
Added by Acts 2003, 78th Leg., ch. 817, Sec. 8.08, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 132 - Career Schools and Colleges › Subchapter J. Cease and Desist Orders › Section 132.306. Rules

Sec. 132.306.  RULES.  The commission shall adopt rules as necessary to implement this subchapter.
Added by Acts 2003, 78th Leg., ch. 817, Sec. 8.08, eff. Sept. 1, 2003.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 133 - Apprenticeship System of Adult Career and Technology Education › Section 133.001. Definitions

Sec. 133.001.  DEFINITIONS.  In this chapter:
(1)  "Apprenticeship training program" means a training program that provides on-the-job training, preparatory instruction, supplementary instruction, or related instruction in a trade that has been certified as an apprenticeable occupation by the Office of Apprenticeship.
(2)  "Preparatory instruction" means a course of instruction lasting six months or less that teaches the basic skills required for an individual to comply with the terms of the individual's apprenticeship agreement as required by Section 133.002(d).
(3)  "Supplementary instruction" means a course of instruction for persons employed as journeymen craftsmen in  apprenticeable trades that is designed to provide new skills or upgrade current skills.
(4)  "Related instruction" means organized, off-the-job instruction in theoretical or technical subjects required for the completion of an apprenticeship program for a particular apprenticeable trade.
(5)  "Commission" means the Texas Workforce Commission.
(6)  "Office of Apprenticeship" means the Office of Apprenticeship of the United States Department of Labor.
Added by Acts 1977, 65th Leg., p. 621, ch. 230, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1993, 73rd Leg., ch. 771, Sec. 19, eff. Sept. 1, 1993.  Redesignated from Education Code Sec. 33.01 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 3, eff. May 30, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.54, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 264 (H.B. 1799), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 133 - Apprenticeship System of Adult Career and Technology Education › Section 133.002. General Provisions Relating to Apprenticeship Training Programs

Sec. 133.002.  GENERAL PROVISIONS RELATING TO APPRENTICESHIP TRAINING PROGRAMS.  (a)  Pursuant to the provisions of this chapter, the commission may allocate state funds for the support of apprenticeship training programs that meet the criteria set forth in this chapter.
(b)  A program may be conducted by an independent apprenticeship committee or may be sponsored by a public school district or a state postsecondary institution pursuant to a contract between the district or institution and an apprenticeship committee.
(c)  A program must be under the direction of an apprenticeship committee whose members are appointed by one or more employers of apprentices, one or more bargaining agents representing members of an apprenticeable trade, or a combination of the above, and the committee shall perform the duties set forth in Section 133.003.  If an apprenticeship committee is composed of representatives of one or more employers and one or more bargaining agents, the number of committee members designated by the employer or employers shall be equal to the number of committee members designated by the bargaining agent or agents.
(d)  Each apprentice participating in a program must be given a written apprenticeship agreement by the apprenticeship committee stating the standards and conditions of the apprentice's employment and training.  The standards must conform substantially with the standards of apprenticeship for the particular trade which have been adopted by the Office of Apprenticeship.
(e)  An apprentice may not be charged tuition or fees by a public school district or state postsecondary institution other than an administrative fee to cover the costs of processing the apprentice's records which shall not exceed $5 for each course in which the apprentice is enrolled.
(f)  Funding for a program sponsored by a public school district or state postsecondary institution, in addition to any other money available, shall be provided by the apprenticeship committee pursuant to the terms of the contract referred to in Subsection (b).
(g)  An apprenticeship training program must provide adequate facilities, personnel, and resources to effectively administer the program in a manner consistent with the public's need for skilled craftsmen and the apprentices' need for marketable skills in apprenticeable occupations.
(h)  A program must be registered with the Office of Apprenticeship and approved by the commission.
Added by Acts 1977, 65th Leg., p. 621, ch. 230, Sec. 1, eff. Aug. 29, 1977.  Redesignated from Education Code Sec. 33.02 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 3, eff. May 30, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.55, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 498 (H.B. 2790), Sec. 1, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 264 (H.B. 1799), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 133 - Apprenticeship System of Adult Career and Technology Education › Section 133.003. Duties of Apprenticeship Committee

Sec. 133.003.  DUTIES OF APPRENTICESHIP COMMITTEE.  The apprenticeship committee for each apprenticeship training program shall:
(1)  establish standards and goals for preparatory instruction, supplementary instruction, and related instruction for apprentices in the program;
(2)  establish rules governing the on-the-job training and other instruction for apprentices in the program;
(3)  plan and organize instructional materials designed to provide technical and theoretical knowledge and basic skills required by apprentices in the program;
(4)  recommend qualified instructions for the program;
(5)  monitor and evaluate the performance and progress of each apprentice in the program and the program as a whole;
(6)  interview applicants and select those most qualified for entrance into the program;
(7)  provide for the keeping of records of the on-the-job training and progress of each apprentice;
(8)  encourage instructors to maintain recommended qualifications;  and
(9)  perform any other duties which, in the opinion of the apprenticeship committee, promote the goals of individual apprentices and of the program as a whole.
Added by Acts 1977, 65th Leg., p. 621, ch. 230, Sec. 1, eff. Aug. 29, 1977.  Redesignated from Education Code Sec. 33.03 by Acts 1995, 74th Leg., ch. 260, Sec. 3, eff. May 30, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 133 - Apprenticeship System of Adult Career and Technology Education › Section 133.004. Notice of Available Funds

Sec. 133.004.  NOTICE OF AVAILABLE FUNDS.  In order to insure that all citizens of Texas have an equal opportunity to benefit from apprenticeship training programs, the commission shall provide for statewide publication in a manner recommended by the advisory committee and intended to give actual notice to all potential program sponsors of the amount of funds that will be available to support apprenticeship training programs during the current and following fiscal years, the qualifications required of program sponsors and apprenticeship committees, and the procedures to be followed in applying for state funds.  The notice may also include other information recommended by the advisory committee and approved by the commission.  Notwithstanding the foregoing, the commission shall publish any information concerning available funds given to a particular program sponsor in a manner recommended by the advisory committee and intended to give actual notice to all potential program sponsors statewide.
Added by Acts 1977, 65th Leg., p. 621, ch. 230, Sec. 1, eff. Aug. 29, 1977.  Redesignated from Education Code Sec. 33.04 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 3, eff. May 30, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.56, eff. Sept. 1, 1995.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 133 - Apprenticeship System of Adult Career and Technology Education › Section 133.005. Audit Procedures

Sec. 133.005.  AUDIT PROCEDURES.  (a)  The commission shall maintain a clear audit trail of all funds appropriated for the apprenticeship system of adult career and technology education.  For each course that is funded, the audit trail shall include the following records:
(1)  the name of the sponsoring public school district or state postsecondary institution or of the apprenticeship committee offering the course if the apprenticeship training program is not sponsored by a public school district or state postsecondary institution;
(2)  the name of the instructor;
(3)  the number of students enrolled;
(4)  the place and schedule of class meetings; and
(5)  certification by the bureau for preparatory and related instruction courses that the students enrolled were registered apprentices.
(b)  A public school district, state postsecondary institution, or apprenticeship committee operating an apprenticeship training program not sponsored by a public school district or state postsecondary institution that receives funds shall maintain a clear audit trail which shall include records of receipts for all expenditures relating solely to each particular course.  Where an expense is shared by two or more courses, the allocation to that expense from the funds for a particular course shall be supported by a formula based on the comparative benefit derived by each course from the expense.  No charges for the depreciation of facilities or the retirement of indebtedness shall be allocated to an apprenticeship course.
(c)  Funds appropriated for the apprenticeship system of adult vocational education shall not be commingled with funds appropriated for other purposes.
(d)  All state funds appropriated to the commission pursuant to this chapter are subject to audit by the state auditor in accordance with Chapter 321, Government Code.  Funds received pursuant to this chapter by a school district or postsecondary institution are subject to audit as otherwise provided by law.
(e)  All records, receipts, working papers, and other components of the audit trail shall be public records.
Added by Acts 1977, 65th Leg., p. 621, ch. 230, Sec. 1, eff. Aug. 29, 1977.  Amended by Acts 1981, 67th Leg., p. 23, ch. 19, Sec. 1, eff. April 1, 1981;  Acts 1989, 71st Leg., ch. 584, Sec. 86, eff. Sept. 1, 1989.  Redesignated from Education Code Sec. 33.07 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 3, eff. May 30, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.57, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 498 (H.B. 2790), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 133 - Apprenticeship System of Adult Career and Technology Education › Section 133.006. Appropriation and Distribution of Funds

Sec. 133.006.  APPROPRIATION AND DISTRIBUTION OF FUNDS.  (a)  On recommendation of the advisory committee the commission shall adopt formulas and administrative procedures to be used in requesting appropriations of state funds as a budgetary line item for the Apprenticeship System of Adult Career and Technology Education.
(b)  At least annually, the commission shall prepare and submit to the Texas Workforce Investment Council or to the Apprenticeship and Training Advisory Committee, as designated by the Texas Workforce Investment Council, a report that includes:
(1)  an apprenticeship-related instruction cost study for the most recent state fiscal year; and
(2)  the funding distribution for apprenticeship-related instruction programs for the state fiscal year in which the report is submitted.
(c)  On recommendation of the advisory committee the commission shall adopt forms, formulas, and administrative procedures for the distribution of available funds to apprenticeship training programs.  Distribution formulas must be uniform in application to all local program sponsors.
(d)  On recommendation of the advisory committee the commission shall reserve until December 1 of each year a percentage of the funds appropriated under the line item described in this section to be used solely for apprenticeship-related instruction programs.  This percentage shall be established by the formulas required by this section.  Reserved funds that are not obligated on December 1 may be used for preparatory and supplementary instruction programs as well as related instruction programs.
(e)  No funds shall be distributed to a public school district, state postsecondary institution, or apprenticeship committee until the district, institution, or committee has filed all reports required by this chapter and by the commission.
Added by Acts 1977, 65th Leg., p. 621, ch. 230, Sec. 1, eff. Aug. 29, 1977.  Redesignated from Education Code Sec. 33.08 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 3, eff. May 30, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.58, eff. Sept. 1, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 498 (H.B. 2790), Sec. 3, eff. September 1, 2017.
Acts 2021, 87th Leg., R.S., Ch. 264 (H.B. 1799), Sec. 3, eff. September 1, 2021.
2023 Texas Statutes › Education Code › Title 3 - Higher Education › Subtitle G - Non-Baccalaureate System › Chapter 133 - Apprenticeship System of Adult Career and Technology Education › Section 133.007. Rules

Sec. 133.007.  RULES.  The commission shall promulgate rules necessary to implement the provisions of this chapter.
Added by Acts 1977, 65th Leg., p. 621, ch. 230, Sec. 1, eff. Aug. 29, 1977.  Redesignated from Education Code Sec. 33.09 and amended by Acts 1995, 74th Leg., ch. 260, Sec. 3, eff. May 30, 1995.  Amended by Acts 1995, 74th Leg., ch. 655, Sec. 11.59, eff. Sept. 1, 1995.