Texas 2009 - 81st Regular

Texas Senate Bill SB93 Compare Versions

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1	1	S.B. No. 93
2	2
3	3
4	4	AN ACT
5	5	relating to tuition and fee exemptions for certain military
6	6	personnel and their dependents or spouse and permitting those
7	7	personnel to assign the exemption to a child.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. This Act shall be known as the "Hazelwood Legacy
10	10	Act."
11	11	SECTION 2. Section 54.203, Education Code, is amended by
12	12	amending Subsections (a), (b), (b-1), (d), (g), and (h) and adding
13	13	Subsections (a-1), (a-2), (k), (l), and (m) to read as follows:
14	14	(a) The governing board of each institution of higher
15	15	education shall exempt the following persons from the payment of
16	16	tuition, [all] dues, fees, and other required charges, including
17	17	fees for correspondence courses but excluding general deposit fees,
18	18	student services fees, and any fees or charges for lodging, board,
19	19	or clothing, provided the person [persons] seeking the exemption
20	20	[exemptions were citizens of Texas at the time they] entered the
21	21	service at a location in this state, declared this state as the
22	22	person's home of record in the manner provided by the applicable
23	23	military or other service, or would have been determined to be a
24	24	resident of this state for purposes of Subchapter B at the time the
25	25	person entered the service [services indicated and have resided in
26	26	Texas for at least the period of 12 months before the date of
27	27	registration]:
28	28	(1) all nurses and honorably discharged members of the
29	29	armed forces of the United States who served during the
30	30	Spanish-American War or during World War I;
31	31	(2) all nurses, members of the Women's Army Auxiliary
32	32	Corps, members of the Women's Auxiliary Volunteer Emergency
33	33	Service, and all honorably discharged members of the armed forces
34	34	of the United States who served during World War II except those who
35	35	were discharged from service because they were over the age of 38 or
36	36	because of a personal request on the part of the person that the
37	37	person [he] be discharged from service;
38	38	(3) all honorably discharged men and women of the
39	39	armed forces of the United States who served during the national
40	40	emergency which began on June 27, 1950, and which is referred to as
41	41	the Korean War; and
42	42	(4) all persons who were honorably discharged from the
43	43	armed forces of the United States after serving on active military
44	44	duty, excluding training, for more than 180 days and who served a
45	45	portion of their active duty during:
46	46	(A) the Cold War which began on the date of the
47	47	termination of the national emergency cited in Subdivision (3) [of
48	48	this subsection];
49	49	(B) the Vietnam era which began on December 21,
50	50	1961, and ended on May 7, 1975;
51	51	(C) the Grenada and Lebanon era which began on
52	52	August 24, 1982, and ended on July 31, 1984;
53	53	(D) the Panama era which began on December 20,
54	54	1989, and ended on January 21, 1990;
55	55	(E) the Persian Gulf War which began on August 2,
56	56	1990, and ends on the date thereafter prescribed by Presidential
57	57	proclamation or September 1, 1997, whichever occurs first;
58	58	(F) the national emergency by reason of certain
59	59	terrorist attacks that began on September 11, 2001; or
60	60	(G) any future national emergency declared in
61	61	accordance with federal law.
62	62	(a-1) A person who before the 2009-2010 academic year
63	63	received an exemption provided by Subsection (a) continues to be
64	64	eligible for the exemption provided by that subsection as that
65	65	subsection existed on January 1, 2009, subject to the other
66	66	provisions of this section other than the requirement of Subsection
67	67	(a) that the person must have entered the service at a location in
68	68	this state, declared this state as the person's home of record, or
69	69	would have been determined to be a resident of this state for
70	70	purposes of Subchapter B at the time the person entered the service.
71	71	(a-2) The exemptions provided for in Subsection (a) also
72	72	apply to the spouse of:
73	73	(1) a member of the armed forces of the United States:
74	74	(A) who was killed in action;
75	75	(B) who died while in service;
76	76	(C) who is missing in action;
77	77	(D) whose death is documented to be directly
78	78	caused by illness or injury connected with service in the armed
79	79	forces of the United States; or
80	80	(E) who became totally disabled for purposes of
81	81	employability according to the disability ratings of the Department
82	82	of Veterans Affairs as a result of a service-related injury; or
83	83	(2) a member of the Texas National Guard or the Texas
84	84	Air National Guard who:
85	85	(A) was killed since January 1, 1946, while on
86	86	active duty either in the service of this state or the United
87	87	States; or
88	88	(B) is totally disabled for purposes of
89	89	employability according to the disability ratings of the Department
90	90	of Veterans Affairs, regardless of whether the member is eligible
91	91	to receive disability benefits from the department, as a result of a
92	92	service-related injury suffered since January 1, 1946, while on
93	93	active duty either in the service of this state or the United
94	94	States.
95	95	(b) The exemptions provided for in Subsection (a) [of this
96	96	section] also apply [and inure] to [the benefit of]:
97	97	(1) the children of members of the armed forces of the
98	98	United States:
99	99	(A) who are or were killed in action;
100	100	(B) who die or died while in service;
101	101	(C) who are missing in action;
102	102	(D) whose death is documented to be directly
103	103	caused by illness or injury connected with service in the armed
104	104	forces of the United States; or
105	105	(E) who became totally disabled for purposes of
106	106	employability according to the disability ratings of the Department
107	107	of Veterans Affairs as a result of a service-related injury; and
108	108	(2) the [orphans or] children of members of the Texas
109	109	National Guard and the Texas Air National Guard who:
110	110	(A) were killed since January 1, 1946, while on
111	111	active duty either in the service of their state or the United
112	112	States; or
113	113	(B) are totally disabled for purposes of
114	114	employability according to the disability ratings of the Department
115	115	of Veterans Affairs, regardless of whether the members are eligible
116	116	to receive disability benefits from the department, as a result of a
117	117	service-related injury suffered since January 1, 1946, while on
118	118	active duty either in the service of this state or the United
119	119	States.
120	120	(b-1) To qualify for an exemption under Subsection (a-2) or
121	121	(b), the spouse or child [a person must be a citizen of Texas and]
122	122	must be classified as a resident under Subchapter B on [have resided
123	123	in the state for at least 12 months immediately preceding] the date
124	124	of the spouse's or child's [person's] registration.
125	125	(d) The governing board of each institution of higher
126	126	education granting an exemption under this section [exemptions]
127	127	shall require every applicant claiming the [benefit of an]
128	128	exemption to submit satisfactory evidence that the applicant
129	129	qualifies for [he fulfills] the exemption [necessary citizenship
130	130	and residency requirements].
131	131	(g) The governing board of a junior college district may
132	132	establish a fee for extraordinary costs associated with a specific
133	133	course or program and may provide that the exemptions provided by
134	134	this section [Subsections (a) and (b)] do not apply to this fee.
135	135	(h) The governing board of each institution of higher
136	136	education shall electronically report to the Texas Higher Education
137	137	Coordinating Board the information required by Section 61.0516
138	138	relating to each individual receiving an exemption from fees and
139	139	charges under Subsection (a), (a-2), or (b). The institution shall
140	140	report the information not later than December 31 of each year for
141	141	the fall semester, May 31 of each year for the spring semester, and
142	142	September 30 of each year for the summer session.
143	143	(k) The Texas Higher Education Coordinating Board by rule
144	144	shall prescribe procedures to allow a person who becomes eligible
145	145	for an exemption provided by Subsection (a) to waive the person's
146	146	right to any unused portion of the maximum number of cumulative
147	147	credit hours for which the person could receive the exemption and
148	148	assign the exemption for the unused portion of those credit hours to
149	149	a child of the person. The procedures shall provide:
150	150	(1) the manner in which a person may waive the
151	151	exemption and designate a child to receive the exemption;
152	152	(2) a procedure permitting the person to designate a
153	153	different child to receive the exemption if the child previously
154	154	designated to receive the exemption did not use the exemption under
155	155	this section for all of the assigned portion of credit hours; and
156	156	(3) a method of documentation to enable institutions
157	157	of higher education to determine the eligibility of the designated
158	158	child to receive the exemption.
159	159	(l) To be eligible to receive an exemption under Subsection
160	160	(k), the child must:
161	161	(1) be a student who is classified as a resident under
162	162	Subchapter B when the child enrolls in an institution of higher
163	163	education;
164	164	(2) make satisfactory academic progress in a degree,
165	165	certificate, or continuing education program as determined by the
166	166	institution at which the child is enrolled in accordance with the
167	167	policy of the institution's financial aid department, except that
168	168	the institution may not require the child to enroll in a minimum
169	169	course load; and
170	170	(3) be 25 years of age or younger on the first day of
171	171	the semester or other academic term for which the exemption is
172	172	claimed, except that the Texas Higher Education Coordinating Board
173	173	by rule shall prescribe procedures by which a child who suffered
174	174	from a severe illness or other debilitating condition that affected
175	175	the child's ability to use the exemption before reaching that age
176	176	may be granted additional time to use the exemption corresponding
177	177	to the time the child was unable to use the exemption because of the
178	178	illness or condition.
179	179	(m) For purposes of this section, a person is the child of
180	180	another person if:
181	181	(1) the person is the stepchild or the biological or
182	182	adopted child of the other person; or
183	183	(2) the other person claimed the person as a dependent
184	184	on a federal income tax return filed for the preceding year or will
185	185	claim the person as a dependent on a federal income tax return for
186	186	the current year.
187	187	SECTION 3. Subsections (e) and (e-1), Section 54.203,
188	188	Education Code, as amended by Chapters 443 (H.B. 125) and 1334 (S.B.
189	189	1640), Acts of the 80th Legislature, Regular Session, 2007, are
190	190	reenacted and amended to read as follows:
191	191	(e) The exemption from tuition, fees, and other charges
192	192	provided for by this section [in Subsection (a)] does not apply to a
193	193	person who at the time of registration is entitled to receive
194	194	educational benefits under federal legislation that may be used
195	195	only for the payment of tuition and fees if the value of those
196	196	benefits received in a semester or other term is equal to or exceeds
197	197	the value of the exemption for the same semester or other term. If
198	198	the value of federal benefits that may be used only for the payment
199	199	of tuition and fees and are received in a semester or other term
200	200	does not equal or exceed the value of the exemption for the same
201	201	semester or other term, the person is entitled to receive both those
202	202	federal benefits [the federal benefit] and the exemption in the
203	203	same semester or other term. The combined amount of the federal
204	204	benefit that may be used only for the payment of tuition and fees
205	205	plus the amount of the exemption received in a semester or other
206	206	term may not exceed the cost of tuition and fees for that semester
207	207	or other term. [A person is covered by the exemption if the
208	208	person's right to benefits under federal legislation is
209	209	extinguished at the time of the person's registration, except that
210	210	a person may not receive an exemption from fees under this section
211	211	if the person's right to benefits under federal legislation is
212	212	extinguished because the person is in default of repayment of a loan
213	213	made to the person under a federal program to provide or guarantee
214	214	loans for educational purposes.]
215	215	(e-1) A person may not receive an exemption under this
216	216	section if the person is in default on a loan made or guaranteed for
217	217	educational purposes by the State of Texas.
218	218	SECTION 4. (a) Section 54.203, Education Code, as amended
219	219	by this Act, applies beginning with tuition, dues, fees, and other
220	220	charges for the 2009 fall semester. If a person who becomes
221	221	eligible for an exemption in that semester under that section has
222	222	paid the tuition, dues, fees, and other charges for that semester,
223	223	the institution of higher education shall refund to the student the
224	224	amount of those charges paid by the person in the amount of the
225	225	exemption. Tuition, dues, fees, and other charges for a term or
226	226	semester before the 2009 fall semester are covered by the law in
227	227	effect immediately before the effective date of this Act, and the
228	228	former law is continued in effect for that purpose.
229	229	(b) The Texas Higher Education Coordinating Board shall
230	230	prescribe the procedures required by Subsections (k) and (l),
231	231	Section 54.203, Education Code, as added by this Act, as soon as
232	232	practicable after the effective date of this Act. For that purpose,
233	233	the coordinating board may adopt the initial rules prescribing
234	234	those procedures in the manner provided by law for emergency rules.
235	235	SECTION 5. This Act takes effect immediately if it receives
236	236	a vote of two-thirds of all the members elected to each house, as
237	237	provided by Section 39, Article III, Texas Constitution. If this
238	238	Act does not receive the vote necessary for immediate effect, this
239	239	Act takes effect September 1, 2009.
240	240	______________________________ ______________________________
241	241	President of the Senate Speaker of the House
242	242	I hereby certify that S.B. No. 93 passed the Senate on
243	243	March 17, 2009, by the following vote: Yeas 31, Nays 0;
244	244	May 21, 2009, Senate refused to concur in House amendments and
245	245	requested appointment of Conference Committee; May 23, 2009, House
246	246	granted request of the Senate; May 31, 2009, Senate adopted
247	247	Conference Committee Report by the following vote: Yeas 31,
248	248	Nays 0.
249	249	______________________________
250	250	Secretary of the Senate
251	251	I hereby certify that S.B. No. 93 passed the House, with
252	252	amendments, on May 19, 2009, by the following vote: Yeas 141,
253	253	Nays 2, one present not voting; May 23, 2009, House granted request
254	254	of the Senate for appointment of Conference Committee;
255	255	May 31, 2009, House adopted Conference Committee Report by the
256	256	following vote: Yeas 141, Nays 0, three present not voting.
257	257	______________________________
258	258	Chief Clerk of the House
259	259	Approved:
260	260	______________________________
261	261	Date
262	262	______________________________
263	263	Governor