HBA-TYH H.B. 3295 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 3295 By: Goolsby Economic Development 4/14/1999 Committee Report (Amended) BACKGROUND AND PURPOSE Currently, Section 132.201 (Certificate and Registration Fees), Education Code, authorizes the Texas Workforce Commission (commission) to collect fees for the regulation of proprietary schools and states that all fees, interests, or other charges collected must be used for the administration of the proprietary school program. However, in past fiscal years, the fees collected by the commission have exceeded the amount necessary to administer the school program. Section 132.241 (Tuition Protection Fund), Education Code, provides that proprietary schools pay a fee to the credit of the "tuition protection fund" when the school pays its annual renewal fee. These schools are then subject to an additional assessed fee during any given year if the balance of the tuition fund is below $200,000. H.B. 3295 allows the commission to transfer any excess fees collected for the administration of the school program to the tuition protection fund. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 132.241, Education Code, by adding Subsection (e), as follows: (e) Authorizes the Texas Workforce Commission (commission), if at the end of a fiscal year the commission determines that it has collected fees in excess of the amount necessary to defray the cost and expense of administering this chapter (Proprietary Schools), to transfer any portion of the excess amount to the tuition protection fund. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause. EXPLANATION OF AMENDMENTS Committee Amendment #1 prohibits the balance of the tuition protection fund from exceeding an amount greater than $250,000.