By: Farias H.B. No. 4415
A BILL TO BE ENTITLED
AN ACT
relating to tuition and fee exemptions at public institutions of
higher education for certain military personnel and the spouses of
certain deceased and missing military personnel.
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-1), (g), and (h) and adding Subsection
(a-1) and (k)to read as follows:
(a) The governing board of each institution of higher
education shall exempt the following persons from the payment of
tuition, [all] dues, fees, and other required 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
[exemptions were citizens of Texas at the time they] entered the
service at a location in this state, declared this state as the
person's home of record in the manner provided by the applicable
military or other service, or would have been determined to be a
resident of this state for purposes of Subchapter B at the time the
person entered the service [services indicated and 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) The exemptions provided for in Subsection (a) also
apply to the surviving spouse of:
(1) a member of the armed forces of the United States:
(A) who was killed in action;
(B) who died while in service;
(C) who is missing in action; or
(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
(2) a member of the Texas National Guard or the Texas
Air National Guard who was killed 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 (a-1) or
(b), the spouse or child [a person must be a citizen of Texas and]
must be classified as a resident under Subchapter B on [have resided
in the state for at least 12 months immediately preceding] the date
of the spouse's or child's [person's] registration.
(g) The governing board of a junior college district may
establish a fee for extraordinary costs associated with a specific
course or program and may provide that the exemptions provided by
this section [Subsections (a) and (b)] do not apply to this fee.
(h) The governing board of each institution of higher
education shall electronically report to the Texas Higher Education
Coordinating Board the information required by Section 61.0516
relating to each individual receiving an exemption from fees and
charges under Subsection (a), (a-1), or (b). The institution shall
report the information not later than December 31 of each year for
the fall semester, May 31 of each year for the spring semester, and
September 30 of each year for the summer session.
(k) For purposes of this section, a person is the child of
another person if:
(1) the person is the stepchild or the biological or
adopted child of the other person; or
(2) the other person claimed the person as a dependent
on a federal income tax return filed for the preceding year or will
claim the person as a dependent on a federal income tax return for
the current year.
SECTION 2. Section 54.203, 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.