Tex. Educ. Code 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 classroom hours or less;

(2)

the fee for the course is less than $500;

(3)

the course is designed to teach:

(A)

knowledge or skills to maintain or enhance a person’s competency or performance in a business, trade, or occupation; or

(B)

recreational or avocational subjects;

(4)

on completion of the course, there is not an award of any credits or units toward the completion of another course of instruction of more than 24 classroom hours;

(5)

the person offering the course makes available to registrants a written description of the course content and any refund policy not later than the 14th day before the date the course begins;

(6)

the person offering the course offers in writing as required by Subdivision (5) a refund of the course fee to any registrant who:

(A)

completes at least eight classroom hours or one-half of the course, whichever is less;

(B)

is dissatisfied with the course; and

(C)

requests a refund and provides in writing to the person a reasonable basis for the registrant’s dissatisfaction not later than the 14th day after the date the course is concluded;

(7)

for a course in which the instructor or the instructor’s qualifications are different from the instructor or the instructor’s qualifications stated in any advertising, publicity, or solicitation for the course, the person offering the course:

(A)

offers in writing as required by Subdivision (5) a refund of the course fee to any registrant who, before the course begins, notifies the person that the registrant elects not to attend and requests a refund; and

(B)

for the three-year period following the date the course is concluded, maintains records sufficient to identify the differences between advertised instructors and their qualifications and actual instructors and their qualifications; and

(8)

for the three-year period following the date the course is concluded, the person offering the course maintains a record of:

(A)

attendance of registrants;

(B)

fees paid by registrants; and

(C)

refunds paid to registrants.

(b)

A general refund policy that provides for a full refund of fees at any time before the course begins satisfies the requirements of Subsection (a)(7)(A), if the general refund policy is made available in writing to registrants or potential registrants as required by Subsection (a)(5).

(c)

If within the three-year record retention period the commission requests the production of records required under Subsection (a), a failure to produce the records for the commission by the person claiming an exemption for the course creates a rebuttable legal presumption that the course is not exempt from this chapter.

(d)

A course of instruction that is otherwise exempt under Section 132.002 (Exemptions) is not required to comply with the requirements of this section to qualify for an exemption from this chapter.

(e)

In case of any conflict between the refund policy requirements of this section and the refund policy requirements of Section 132.061 (Refund Policy), this section prevails.

(f)

A course of instruction is not exempt under this section if the course is designed to teach or is represented by the person offering the course as teaching knowledge of building, electrical, plumbing, mechanical, fire, or other similar technical codes applicable to the construction, remodeling, or repair of a home, building, or any other structure or improvement to real property in this state.
Added by Acts 2001, 77th Leg., ch. 750, Sec. 1, eff. Sept. 1, 2001.

Source: Section 132.003 — Course Exemption: Development of Career Skills; Recreational or Avocational Subjects, https://statutes.­capitol.­texas.­gov/Docs/ED/htm/ED.­132.­htm#132.­003 (accessed Mar. 23, 2024).

132.001
Definitions
132.002
Exemptions
132.003
Course Exemption: Development of Career Skills
132.004
Exclusive Offering of Exempted Courses or Programs by Business Enterprise
132.005
Applicability
132.006
Commercial Driver’s License Training Program
132.0015
Reference to Proprietary School
132.021
Texas Workforce Commission
132.022
Duties of Commission
132.023
Memorandum of Understanding for Regulation of Career Schools and Colleges
132.024
Student Information
132.025
Required Posting
132.026
Measures to Facilitate Award of Course Credit for Military Service
132.051
Certificate of Approval
132.052
Application for Certificate of Approval
132.053
Statutory Waiver Authority
132.054
Small School or College Exemption
132.055
Criteria
132.056
Issuance of Certificate of Approval
132.057
Denial of Certificate of Approval
132.058
Revocation of Certificate of Approval
132.059
Registration of Representatives
132.061
Refund Policy
132.062
Withholding Records
132.063
Approved Degrees
132.064
Nonqualification as Small Career School and College
132.065
Schools Not Required to Take Attendance
132.101
Hearing
132.102
Judicial Appeal
132.103
Appeal Following Revocation of Certificate of Approval
132.121
Class Action
132.122
Notice
132.123
Judgment and Costs
132.151
Prohibitions
132.152
Administrative Penalty
132.153
Competitive Bidding
132.154
Injunctions
132.155
Civil Penalty
132.156
Sanctions
132.157
Penalty for Small Proprietary School
132.158
Prohibition Against Certain Activities by Financial Aid Employees
132.201
Certificate and Registration Fees
132.202
Required Posting by Certain Schools or Educational Institutions Not Operating in This State
132.221
Funding
132.0225
Division of Education
132.242
Closed School or College
132.301
Hearing
132.302
Hearing
132.303
Cease and Desist Order
132.304
Enforcement
132.305
Effect of Prior Proceedings
132.306
Rules
132.0551
Qualifications, Training, and Continuing Education Required
132.0611
Refund Policy for Students Called to Active Military Service
132.2415
Tuition Trust Account

Accessed:
Mar. 23, 2024

§ 132.003’s source at texas​.gov