Texas 2009 - 81st Regular

Texas Senate Bill SB1537 Latest Draft

Bill / House Committee Report Version Filed 02/01/2025

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                            81R28420 KJM-D
 By: Van de Putte, et al. S.B. No. 1537
 Substitute the following for S.B. No. 1537:
 By: Farias C.S.S.B. No. 1537


 A BILL TO BE ENTITLED
 AN ACT
 relating to tuition and fee exemptions at public institutions of
 higher education for certain military personnel and their
 dependents and for the spouses and children of certain deceased,
 missing, and disabled 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), (b-1), (d), (g), and (h) and adding
 Subsections (a-1), (a-2), 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)  A person who before the 2009-2010 academic year
 received an exemption provided by Subsection (a) continues to be
 eligible for the exemption provided by that subsection as that
 subsection existed on January 1, 2009, subject to the other
 provisions of this section other than the requirement of Subsection
 (a) that the person must have entered the service at a location in
 this state, declared this state as the person's home of record, 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.
 (a-2)  The exemptions provided for in Subsection (a) also
 apply to the 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;
 (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; or
 (2)  a member of the Texas National Guard or the Texas
 Air National Guard who:
 (A)  was killed since January 1, 1946, while on
 active duty either in the service of this state or the United
 States; or
 (B)  is totally disabled for purposes of
 employability according to the disability ratings of the Department
 of Veterans Affairs, regardless of whether the member is 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) 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 (a-2) 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.
 (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].
 (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-2), 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, dues, fees, and other
 charges for the 2009 fall semester. If a person who becomes
 eligible for an exemption in that semester under that section has
 paid the tuition, dues, fees, and other charges for that semester,
 the institution of higher education shall refund to the student the
 amount of those charges paid by the person in the amount of the
 exemption. Tuition, dues, fees, and other charges 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.