Texas Education Code Title 3, Chapter 132 - Career Schools And Colleges

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 132.001 - Definitions
  In this chapter: (1) "Career school or college": (A) means any business enterprise operated for a profit or on a nonprofit basis that maintains a...
• Texas Section 132.0015 - Reference To Proprietary School
  A reference in this code or another law to a proprietary school means a career school or college. Added by Acts 2003, 78th Leg., ch....
• Texas Section 132.002 - Exemptions
  (a) The following schools or educational institutions may be exempted from this chapter by the commission under Subsection (d): (1) a school or educational institution...
• Texas Section 132.003 - Course Exemption: Development Of Career Skills; Recreational Or Avocational Subjects
  (a) Except as provided by Subsection (f), a course of instruction is exempt from this chapter if: (1) the length of the course is 24...
• Texas Section 132.004 - Exclusive Offering Of Exempted Courses Or Programs By Business Enterprise
  A business enterprise that offers exclusively courses or programs of instruction that are exempt under Section 132.002 or 132.003 is exempt from this chapter. Added...

SUBCHAPTER B GENERAL POWERS AND DUTIES

• Texas Section 132.005 - Applicability
  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:...
• Texas Section 132.021 - Texas Workforce Commission
  (a) The commission shall exercise jurisdiction and control of the system of career schools and colleges, and the commission shall carry out supervision of the...
• Texas Section 132.022 - Duties Of Commission
  The commission shall carry out the policies of this chapter and enforce the rules adopted under this chapter. The commission shall also certify the names...
• Texas Section 132.0225 - Division Of Education
  To the extent possible, the agency administrator and commission shall administer their functions under this chapter through the division. Added by Acts 1995, 74th Leg.,...
• Texas Section 132.023 - Memorandum Of Understanding For Regulation Of Career Schools And Colleges
  (a) The commission shall develop, in consultation with the Texas Guaranteed Student Loan Corporation and each state agency that regulates career schools and colleges in...
• Texas Section 132.024 - Student Information; Offense; Penalty
  (a) In this section: (1) "Student" means any prospective, current, or former student of: (A) a career school or college; or (B) any other school,...

SUBCHAPTER C AUTHORIZED OPERATION OF PROPRIETARY SCHOOLS

• Texas Section 132.025 - Required Posting
  To facilitate a prospective student's informed selection among career schools and colleges, the commission shall include in its searchable directory of career schools and colleges...
• Texas Section 132.051 - Certificate Of Approval
  (a) A career school or college may not maintain, advertise, solicit for, or conduct any program of instruction in this state until the career school...
• Texas Section 132.052 - Application For Certificate Of Approval
  Every career school or college desiring to operate in this state shall make written application to the commission for a certificate of approval. Such application...
• Texas Section 132.053 - Statutory Waiver Authority
  (a) The commission may establish rules that waive, alter, suspend, or replace any of the following provisions governing small career schools and colleges: (1) the...
• Texas Section 132.054 - Small School Or College Exemption
  The commission may exempt small career schools and colleges from any requirement of this chapter to reduce the cost to small schools and colleges of...
• Texas Section 132.055 - Criteria
  (a) The commission may approve the application of a career school or college when the school or college is found, upon investigation at the premises...
• Texas Section 132.0551 - Qualifications, Training, And Continuing Education Required
  (a) Each director of admissions and each full-time instructor employed by a career school or college must meet the minimum qualification and training requirements established...
• Texas Section 132.056 - Issuance Of Certificate Of Approval; Renewal
  (a) The commission, upon review of an application for a certificate of approval duly submitted in accordance with Section 132.052 and meeting the requirements of...
• Texas Section 132.057 - Denial Of Certificate Of Approval
  (a) If the commission, upon review and consideration of an application for certificate of approval, shall determine the applicant to be unacceptable, the commission shall...
• Texas Section 132.058 - Revocation Of Certificate Of Approval
  (a) The commission may revoke an issued certificate of approval or place reasonable conditions upon the continued approval represented by the certificate. Prior to revocation...
• Texas Section 132.059 - Registration Of Representatives
  (a) All representatives employed by a career school or college shall register with the commission. Application for registration may be made at any time and...
• Texas Section 132.061 - Refund Policy
  (a) Except as provided by Subsection (g), as a condition for granting certification each career school or college must maintain a cancellation and settlement policy...
• Texas Section 132.0611 - Refund Policy For Students Called To Active Military Service
  As a condition to receiving a certificate of approval under this chapter, including a renewal of a certificate of approval, a career school or college...
• Texas Section 132.062 - Withholding Records
  A career school or college may withhold a student's transcript or certificate of completion of training until the student has fulfilled the student's financial obligation...
• Texas Section 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,...
• Texas Section 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...

SUBCHAPTER D APPEAL

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER E CLASS ACTION SUITS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER F PROHIBITED ACTS

• Texas Section 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...
• Texas Section 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...
• Texas Section 132.152 - Administrative Penalty
  (a) If a person violates Section 132.151, the commission may assess an administrative penalty against that person as provided by this section. (b) The commission...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...

SUBCHAPTER G FEES

• Texas Section 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...
• Texas Section 132.201 - Certificate And Registration Fees
  (a) Certificate and registration fees, except those charged pursuant to Subsection (d), shall be collected by the commission. Each fee shall be in an amount...

SUBCHAPTER H FUNDING

• Texas Section 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...

SUBCHAPTER I PROTECTION OF TUITION

• Texas Section 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...
• Texas Section 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...

SUBCHAPTER J CEASE AND DESIST ORDERS

• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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...
• Texas Section 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,...
• Texas Section 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.

Last modified: September 28, 2016