| 1 | 1 | | 81R9517 KJM-D |
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| 2 | 2 | | By: Corte, Guillen, Maldonado H.B. No. 38 |
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| 3 | 3 | | Substitute the following for H.B. No. 38: |
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| 4 | 4 | | By: Corte C.S.H.B. No. 38 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to resident tuition rates at public institutions of higher |
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| 10 | 10 | | education for certain veterans and their spouses and children. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 54.058, Education Code, is amended by |
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| 13 | 13 | | adding Subsections (k) and (l) to read as follows: |
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| 14 | 14 | | (k) A person is entitled to pay tuition and fees at an |
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| 15 | 15 | | institution of higher education at the rates provided for Texas |
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| 16 | 16 | | residents without regard to the length of time the person has |
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| 17 | 17 | | resided in this state if the person files with the institution at |
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| 18 | 18 | | which the person intends to register a letter of intent to establish |
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| 19 | 19 | | residence in this state and resides in this state while enrolled in |
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| 20 | 20 | | the institution and the person: |
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| 21 | 21 | | (1) is eligible for benefits under the federal |
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| 22 | 22 | | Post-9/11 Veterans Educational Assistance Act of 2008 (38 U.S.C. |
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| 23 | 23 | | Section 3301 et seq.) or any other federal law authorizing |
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| 24 | 24 | | educational benefits for veterans; |
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| 25 | 25 | | (2) is the spouse of a person described by Subdivision |
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| 26 | 26 | | (1); or |
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| 27 | 27 | | (3) is a child of a person described by Subdivision (1) |
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| 28 | 28 | | who is 25 years of age or younger on the first day of the semester or |
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| 29 | 29 | | other academic term for which the person is registering, except |
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| 30 | 30 | | that the Texas Higher Education Coordinating Board by rule shall |
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| 31 | 31 | | prescribe procedures by which a person who suffered from a severe |
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| 32 | 32 | | illness or other debilitating condition that affected the person's |
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| 33 | 33 | | ability to use the benefit provided by this subsection before |
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| 34 | 34 | | reaching that age may be granted additional time to use the benefit |
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| 35 | 35 | | corresponding to the time the person was unable to use the benefit |
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| 36 | 36 | | because of the illness or condition. |
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| 37 | 37 | | (l) In this section, "child" includes a stepchild. |
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| 38 | 38 | | SECTION 2. Section 54.058(k), Education Code, as added by |
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| 39 | 39 | | this Act, applies beginning with tuition and other fees charged for |
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| 40 | 40 | | the 2009 fall semester. Tuition and other fees charged for an |
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| 41 | 41 | | academic period before that term or semester are covered by the law |
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| 42 | 42 | | in effect immediately before the effective date of this Act, and the |
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| 43 | 43 | | former law is continued in effect for that purpose. |
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| 44 | 44 | | SECTION 3. The Texas Higher Education Coordinating Board |
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| 45 | 45 | | shall adopt the rules required by Section 54.058(k)(3), Education |
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| 46 | 46 | | Code, as added by this Act, as soon as practicable after this Act |
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| 47 | 47 | | takes effect. For that purpose, the coordinating board may adopt |
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| 48 | 48 | | the initial rules in the manner provided by law for emergency rules. |
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| 49 | 49 | | SECTION 4. This Act takes effect immediately if it receives |
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| 50 | 50 | | a vote of two-thirds of all the members elected to each house, as |
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| 51 | 51 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 52 | 52 | | Act does not receive the vote necessary for immediate effect, this |
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| 53 | 53 | | Act takes effect September 1, 2009. |
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