81R2228 KSD-F By: Gonzalez Toureilles H.B. No. 4065 A BILL TO BE ENTITLED AN ACT relating to tuition and fee exemptions at public institutions of higher education for students who have been in foster care or certain other residential care. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 54.211(a), Education Code, is amended to read as follows: (a) A student is exempt from the payment of tuition and fees authorized in this chapter, including tuition and fees charged by an institution of higher education for a dual credit course or other course for which a high school student may earn joint high school and college credit, if the student: (1) was in foster care or other residential care under the conservatorship of the Department of Family and Protective Services [on or after]: (A) on the day preceding the student's 18th birthday; (B) on or after the day of the student's 14th birthday, if the student was also eligible for adoption on or after that day; or (C) on the day the student graduated from high school or received the equivalent of a high school diploma; and (2) enrolls in an institution of higher education as an undergraduate student not later than[: [(A) the third anniversary of the date the student was discharged from the foster or other residential care, the date the student graduated from high school, or the date the student received the equivalent of a high school diploma, whichever date is earliest; or [(B)] the student's 25th [21st] birthday. SECTION 2. Section 54.211, Education Code, as amended by this Act, applies beginning with tuition and other fees charged for the 2009 fall semester. Tuition and other fees charged for an academic period before that 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.