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  81R7154 SJM-D
 
  By: Berman H.B. No. 2800
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to exempting certain private nonprofit educational
  institutions from state regulation applicable to degree-granting
  institutions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter G, Chapter 61, Education Code, is
  amended by adding Section 61.3031 to read as follows:
         Sec. 61.3031.  EXEMPTION FOR CERTAIN PRIVATE NONPROFIT
  EDUCATIONAL INSTITUTIONS.  (a)  The provisions of this subchapter
  do not apply to a private educational institution, including a
  separate degree-granting program, unit, or school operated by the
  institution, that:
               (1)  does not accept state funding of any kind to
  support its educational programs;
               (2)  does not accept state-administered federal
  funding to support its educational programs;
               (3)  was formed as or is affiliated with or controlled
  by a nonprofit corporation or nonprofit unincorporated
  organization; and
               (4)  offers bona fide degree programs that require
  students to complete substantive course work in order to receive a
  degree from the institution.
         (b)  On the written request of a person acting on behalf of an
  institution that claims to be exempt from this subchapter as
  provided by this section, the board may issue a letter certifying a
  determination by the board that the institution is not subject to
  regulation under this subchapter.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.