81R903 KJM-D
By: Castro H.B. No. 4047
A BILL TO BE ENTITLED
AN ACT
relating to the residency requirements for tuition and fee
exemptions for certain military personnel and their dependents.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.203, Education Code, is amended by
amending Subsections (a), (b), (b-1), and (d) and adding Subsection
(a-1) to read as follows:
(a) The governing board of each institution of higher
education shall exempt the following persons from the payment of
all dues, fees, and charges, including fees for correspondence
courses but excluding general deposit fees, student services fees,
and any fees or charges for lodging, board, or clothing, provided
the person [persons] seeking the exemption declared this state as
the person's home of record in the manner provided by the applicable
military or other service [exemptions were citizens of Texas] at
the time the person [they] entered the service [services indicated]
and is a resident of this state under Subchapter B [have resided in
Texas for at least the period of 12 months before the date of
registration]:
(1) all nurses and honorably discharged members of the
armed forces of the United States who served during the
Spanish-American War or during World War I;
(2) all nurses, members of the Women's Army Auxiliary
Corps, members of the Women's Auxiliary Volunteer Emergency
Service, and all honorably discharged members of the armed forces
of the United States who served during World War II except those who
were discharged from service because they were over the age of 38 or
because of a personal request on the part of the person that the
person [he] be discharged from service;
(3) all honorably discharged men and women of the
armed forces of the United States who served during the national
emergency which began on June 27, 1950, and which is referred to as
the Korean War; and
(4) all persons who were honorably discharged from the
armed forces of the United States after serving on active military
duty, excluding training, for more than 180 days and who served a
portion of their active duty during:
(A) the Cold War which began on the date of the
termination of the national emergency cited in Subdivision (3) [of
this subsection];
(B) the Vietnam era which began on December 21,
1961, and ended on May 7, 1975;
(C) the Grenada and Lebanon era which began on
August 24, 1982, and ended on July 31, 1984;
(D) the Panama era which began on December 20,
1989, and ended on January 21, 1990;
(E) the Persian Gulf War which began on August 2,
1990, and ends on the date thereafter prescribed by Presidential
proclamation or September 1, 1997, whichever occurs first;
(F) the national emergency by reason of certain
terrorist attacks that began on September 11, 2001; or
(G) any future national emergency declared in
accordance with federal law.
(a-1) A person who received an exemption provided by
Subsection (a) in the 2008-2009 academic year continues to be
eligible for the exemption provided by that subsection as long as
the person is continuously enrolled in an institution of higher
education, subject to the other provisions of this section other
than the requirement of Subsection (a) that the person must have
declared this state as the person's home of record at the time of
entering the service.
(b) The exemptions provided for in Subsection (a) [of this
section] also apply [and inure] to [the benefit of]:
(1) the children of members of the armed forces of the
United States:
(A) who are or were killed in action;
(B) who die or died while in service;
(C) who are missing in action;
(D) whose death is documented to be directly
caused by illness or injury connected with service in the armed
forces of the United States; or
(E) who became totally disabled for purposes of
employability according to the disability ratings of the Department
of Veterans Affairs as a result of a service-related injury; and
(2) the [orphans or] children of members of the Texas
National Guard and the Texas Air National Guard who:
(A) were killed since January 1, 1946, while on
active duty either in the service of their state or the United
States; or
(B) are totally disabled for purposes of
employability according to the disability ratings of the Department
of Veterans Affairs, regardless of whether the members are eligible
to receive disability benefits from the department, as a result of a
service-related injury suffered since January 1, 1946, while on
active duty either in the service of this state or the United
States.
(b-1) To qualify for an exemption under Subsection (b), a
person must [be a citizen of Texas and must] have resided in this
[the] state for at least 12 months immediately preceding the date of
the person's registration.
(d) The governing board of each institution of higher
education granting an exemption under this section [exemptions]
shall require every applicant claiming the [benefit of an]
exemption to submit satisfactory evidence that the applicant
qualifies for [he fulfills] the exemption [necessary citizenship
and residency requirements].
SECTION 2. The change in law made by this Act applies
beginning with tuition and fees for the 2009 fall semester. Tuition
and fees for a term or semester before the 2009 fall semester are
covered by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 3. 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.