82R2990 KSD-D
By: Keffer H.B. No. 1163
A BILL TO BE ENTITLED
AN ACT
relating to tuition and fee exemptions at public institutions of
higher education for certain peace officers and firefighters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.208, Education Code, as amended by
Chapters 1285 (H.B. 2013) and 1299 (H.B. 2347), Acts of the 81st
Legislature, Regular Session, 2009, is reenacted to read as
follows:
Sec. 54.208. FIREFIGHTERS ENROLLED IN FIRE SCIENCE COURSES.
(a) The governing board of an institution of higher education shall
exempt from the payment of tuition and laboratory fees any student
enrolled in one or more courses offered as part of a fire science
curriculum who:
(1) is employed as a firefighter by a political
subdivision of this state; or
(2) is currently, and has been for at least one year,
an active member of an organized volunteer fire department in this
state, as defined by the fire fighters' pension commissioner, who
holds:
(A) an Accredited Advanced level of
certification, or an equivalent successor certification, under the
State Firemen's and Fire Marshals' Association of Texas volunteer
certification program; or
(B) Phase V (Firefighter II) certification, or an
equivalent successor certification, under the Texas Commission on
Fire Protection's voluntary certification program under Section
419.071, Government Code.
(b) An exemption provided under this section does not apply
to deposits that may be required in the nature of security for the
return or proper care of property loaned for the use of students.
(c) Notwithstanding Subsection (a), a student who for a
semester or term at an institution of higher education receives an
exemption under this section may continue to receive the exemption
for a subsequent semester or term at any institution only if the
student makes satisfactory academic progress toward a degree or
certificate at that institution as determined by the institution
for purposes of financial aid.
(d) Notwithstanding Subsection (a), the exemption provided
under this section does not apply to any amount of additional
tuition the institution elects to charge a resident undergraduate
student under Section 54.014(a) or (f).
(e) Notwithstanding Subsection (a), the exemption provided
under this section does not apply to any amount of tuition the
institution charges a graduate student in excess of the amount of
tuition charged to similarly situated graduate students because the
student has a number of semester credit hours of doctoral work in
excess of the applicable number provided by Section 61.059(l)(1) or
(2).
(f) The Texas Higher Education Coordinating Board shall
adopt:
(1) rules governing the granting or denial of an
exemption under this section, including rules relating to the
determination of a student's eligibility for an exemption; and
(2) a uniform listing of degree programs covered by
the exemption under this section.
SECTION 2. Subchapter D, Chapter 54, Education Code, is
amended by adding Section 54.2081 to read as follows:
Sec. 54.2081. PEACE OFFICERS ENROLLED IN CERTAIN COURSES.
(a) The governing board of an institution of higher education
shall exempt from the payment of tuition and laboratory fees
charged by the institution for a criminal justice or law
enforcement course or courses an undergraduate student who:
(1) is employed as a peace officer by this state or by
a political subdivision of this state;
(2) is enrolled in a criminal justice or law
enforcement-related degree program at the institution;
(3) is making satisfactory academic progress toward
the student's degree as determined by the institution; and
(4) applies for the exemption at least one week before
the last date of the institution's regular registration period for
the applicable semester or other term.
(b) Notwithstanding Subsection (a), a student may not
receive an exemption under this section for any course if the
student has previously attempted a number of semester credit hours
for courses taken at any institution of higher education while
classified as a resident student for tuition purposes in excess of
the maximum number of those hours specified by Section 61.0595(a)
as eligible for funding under the formulas established under
Section 61.059.
(c) Notwithstanding Subsection (a), the governing board of
an institution of higher education may not provide exemptions under
this section to students enrolled in a specific class in a number
that exceeds 20 percent of the maximum student enrollment
designated by the institution for that class.
(d) An exemption provided under this section does not apply
to deposits that may be required in the nature of security for the
return or proper care of property loaned for the use of students.
(e) The Texas Higher Education Coordinating Board shall
adopt:
(1) rules governing the granting or denial of an
exemption under this section, including rules relating to the
determination of a student's eligibility for an exemption; and
(2) a uniform listing of degree programs covered by
the exemption under this section.
(f) If the legislature does not specifically appropriate
funds to an institution of higher education in an amount sufficient
to pay the institution's costs in complying with this section for a
semester, the governing board of the institution of higher
education shall report to the Senate Finance Committee and the
House Appropriations Committee the cost to the institution of
complying with this section for that semester.
SECTION 3. The changes in law made by this Act apply to an
exemption from tuition and fees beginning with the 2011 fall
semester.
SECTION 4. 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, 2011.