Bill Text: TX HCR129 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Notifying the U.S. Department of Education that certain career schools or colleges are legally authorized by the state of Texas to operate educational programs beyond secondary education.
Sponsorship: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2011-06-17 - Signed by the Governor [HCR129 Detail]
Download: Texas-2011-HCR129-Enrolled.html
| H.C.R. No. 129 | ||
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| WHEREAS, On October 29, 2010, the United States Department of | ||
| Education released Final Regulations on Program Integrity Issues in | ||
| an effort to strengthen federal student aid programs at | ||
| postsecondary institutions, and one provision seeks to clarify the | ||
| minimum a state must do to authorize a postsecondary institution so | ||
| that the institution is able to participate in federal student aid | ||
| and other federal funding programs; and | ||
| WHEREAS, Specifically, 34 C.F.R. Section 600.9 was amended to | ||
| require that a postsecondary institution "is established by name as | ||
| an educational institution by a State through a charter, statute, | ||
| constitutional provision, or other action issued by an appropriate | ||
| State agency or State entity and is authorized to operate | ||
| educational programs beyond secondary education, including | ||
| programs leading to a degree or certificate"; and | ||
| WHEREAS, Texas law authorizes career schools or colleges to | ||
| operate educational programs beyond secondary education, including | ||
| programs leading to a degree or certificate; and | ||
| WHEREAS, Section 61.003, Education Code, cites state | ||
| universities by name, and Section 61.063, Texas Education Code, | ||
| establishes a process for naming public community colleges, but | ||
| state law regards private institutions of higher education and | ||
| private career schools or colleges differently; and | ||
| WHEREAS, Rather than naming them, Section 132.001, Education | ||
| Code, defines "career school or college" as "any business | ||
| enterprise operated for a profit or on a nonprofit basis that | ||
| maintains a place of business within this state or solicits | ||
| business within this state, that is not specifically exempted by | ||
| this chapter, and (A) that offers or maintains a course or courses | ||
| of instruction or study; or (B) at which place of business such a | ||
| course or courses of instruction or study are available through | ||
| classroom instruction or by distance education, or both, to a | ||
| person for the purpose of training or preparing the person for a | ||
| field of endeavor in a business, trade, technical, or industrial | ||
| occupation, or for a vocational or personal improvement"; and | ||
| WHEREAS, Each career school or college is established by name | ||
| as an educational institution by the State of Texas by actions | ||
| issued by an appropriate state agency, including the Texas | ||
| Workforce Commission or the Texas Higher Education Coordinating | ||
| Board, and is legally authorized by the State of Texas to operate | ||
| educational programs beyond secondary education, including | ||
| programs leading to a degree or certificate; and | ||
| WHEREAS, The state has a process to review and appropriately | ||
| act on complaints concerning a career school or college, including | ||
| enforcing applicable state laws; and | ||
| WHEREAS, Career schools or colleges comply with applicable | ||
| state approval or licensure requirements and are established by the | ||
| state on the basis of an authorization to conduct business in the | ||
| state; now, therefore, be it | ||
| RESOLVED, That the 82nd Legislature of the State of Texas | ||
| hereby notify the United States Department of Education that the | ||
| career schools or colleges that are established and authorized to | ||
| operate by name as an educational institution by the State of Texas | ||
| by actions issued by an appropriate state agency, including the | ||
| Texas Workforce Commission or the Texas Higher Education | ||
| Coordinating Board, are legally authorized by the S | ||
| tate of Texas to | ||
| operate educational programs beyond secondary education, including | ||
| programs leading to a degree or certificate, and that therefore the | ||
| State of Texas has met the conditions of 34 C.F.R. Section 600.9; | ||
| and, be it further | ||
| RESOLVED, That the Texas secretary of state forward official | ||
| copies of this resolution to the secretary of education, to the | ||
| president of each career school or college named, to the president | ||
| of the Senate and the speaker of the House of Representatives of the | ||
| United States Congress, and to all the members of the Texas | ||
| delegation to Congress with the request that this resolution be | ||
| entered in the Congressional Record as a memorial to the Congress of | ||
| the United States of America. | ||
| Patrick | ||
| Torres | ||
| Legler | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.C.R. No. 129 was adopted by the House on May | ||
| 18, 2011, by the following vote: Yeas 142, Nays 0, 1 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.C.R. No. 129 was adopted by the Senate on May | ||
| 25, 2011, by a viva-voce vote. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: __________________ | ||
| Date | ||
| __________________ | ||
| Governor | ||
