It's wasn't cheating for the first test since you had no way of knowing he would reuse the exam, but now that you do know, it would be cheating to keep looking at the old exams.
honestly...it's a school in Texas...I doubt they care at all.
Cheating
Cheating is defined as using unauthorized materials or receiving unauthorized assistance during an examination or other academic exercise. Examples of cheating include: copying the work of another student during an examination or other academic exercise (includes computer programming), or permitting another student to copy ones work; taking an examination for another student or allowing another student to take ones examination; possessing unauthorized notes, study sheets, examinations, or other materials during an examination or other academic exercise; collaborating with another student during an academic exercise without the instructors consent; and/or falsifying examination results.
Unauthorized Possession or Disposition of Academic Materials
Unauthorized possession or disposition of academic materials may include: selling or purchasing examinations, papers, reports or other academic work; taking another students academic work without permission; possessing examinations, papers, reports, or other assignments not released by an instructor; and/or submitting the same paper for multiple classes without advance instructor authorization and approval.
Whether you did it on purpose or not, if a professor releases a test back to a student, it's in the open. The student should be able to do whatever he/she lieks with it. You can scan it, you can post it on the interwebs, you can give it to your best friend. If you're too lazy to come up with new questions for something one year later, that's your fault.
Honestly, we used to look at old homeworks. My roommate signed up for a bunch of classes she ended upd ropping and so did I, but we had the passwords for that year's assignments. We just downloaded all of them at the end of the semester and saved them. The professors do change questions up, but sometimes they recycle. The midterms are usually very different, but its still good practice. The HW would sometimes use recycled stuff.
It's wasn't cheating for the first test since you had no way of knowing he would reuse the exam, but now that you do know, it would be cheating to keep looking at the old exams.
